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AG9gD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM DDY/) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROY H. REEVE AGENCY, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 54 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 13400 MAIN ROAD COMPANIES AFFORDING COVERAGE MATTITUCK N.Y. 11952 COMPANY A RIDGE INSURANCE COMPANY INSURED _ — — _BLUE COMPANY CORAZZINI ASPHALT INC &/OR B COMPANY CUTCHOGUE MATERIALS INC COX LANE PO BOX 1281 c `— COMPANY CUTCHOGUE NY 11935 D COL?6"Ig THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMMNNYY) LIMITS GENERAL LIABILITY PM000248 2/07/02 2/07/03 GENERAL AGGREGATE s2,000,000 COMMERCIAL GENERAL LIABILITY X PRODUCTS - COMP/OP AGO 42 , 0 0 0 , 000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $1 , O O 01 O O O EACH OCCURRENCE $1,000, 000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Arty one fire) $ 5 0 , 000 MED EXP (Arty one W.) $ 5 , 000 AUTOMOBILE 11A&LITY BA003887 2/07/02 2/07/03 1,000,000 ANY AUTO COMBINED SINGLE LIMIT $ x BODILY INJURY (Per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY $ (Per HIRED AUTOS NON-OWNED AUTOS - -- PROPERTY DAMAGE $ GARAGE UARILRY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY-- NLY:EACH ANY AUTO EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY CU600570 2/07/02 2/07/03 EACH OCCURRENCE $5,000,000 AGGREGATE_ $5,000,000 X UMBRELLA FORM $ X TORVTLIM ATrU ER OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LWBILRY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: X EXCL WC001543 _ 2/07/02 2/07/03 EL EACH ACCIDENT $ 100,000 EL DISEASE-POLICY LIMIT $ 500,000 EL DISEASE-EA EMPLOYEE $ 100,000 OTHER DESCRIPTION OF OPERATgNSA.00ATIONSNEWCLESISPECIAL ITEMS DISABILITY-ZURICH INS CO 1-1-02/03 17222571. ADDL INS INCL ON GENERAL LIAB AND AUTO: TOWN OF SOUTHOLD. JOB: ROLLER HOCKEY RINK PECONIC LANE PARK PECONIC NY OItTIFI0A7 FIOttq ry NOi LA7lGM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF SOUTHOLD EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 53095 MAIN ROAD` DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, SOUTHOLD NY 11971 4UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGAMON OR LIABILITY • OF ANY KIND UPON THE COMPANY, TTS A OR REPREBENTATIV AUTHORGED REPRESENTATIVE CWOMAS A. DICKERSO Southold Tow ACL1H0 R5-B tras� � ACORD:. PRODUCER INSURED . _. _.. DAM (MUMMY) ...., O.F .::L1Aa1uTY INS. ..,., N.. 01/07/01 ROY H. REEVE AGENCY, INC PO BOX 54 13400 MAIN ROAD MATTITUCK N.Y. 11952 CORAZZINI ASPHALT INC &/OR CUTCHOGUE MATERIALS INC COX LANE PO BOX 1281 CUTCHOGUE NY 11935 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A BLUE R COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CoI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE 0A I&IIY) GENERAL LIABILITY PM 0 0 0 2 4 8 X COMMERCIAL GENERAL LIABILITY j CLAIMS MADE X] OCCUR —I OWNER'S A CONTRACTOR'S PROTI AUTOMOBRE LIABILITY x] ANY AUTO _jALLOWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY I ANY AUTO EXCESS LIABILITY X I UMBRELLA FORM GENERAL AGGREGATE $L , U U U PRODUCTS COMP/OP AGG S2 , 0 0 0 PERSONAL& ADV INJURY S1.000 EACH OCCURRENCE $1, 000 , 000 FIRE DAMAGE (Any one Ors) I$ 50,000 MED EXP (Arty one Peron) 1$ S.000 i, COMBINED SINGLE LIMIT i $ BODILY INJURY (Per $ BODILY INJURY (Per SxMent) $ PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ EACH 1111000 OFFICERS ARE: L / U / / U L % TOHY LIMITS R _ �EL EACH ACCIDENT_ $ _1 O O O O O WORKER COMPENSATION INCL EL DISEASE POLICY LIMIT $ 5 O O , 000 EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERSIEXECUTIVE r—lob, - - — X EKCL EL DISEASE EA EMPLOYEE $ 1 o O, 060--1 OTHER DESCRIPTION OF OPMATIONS,LOCATIONSIVEHICLESBPECULL ITEMS DISABILITY -ZURICH INS CO 1-1-01/02 17222571. ADDL INS INCL ON GENERAL LIAB AND AUTO: TOWN OF SOUTHOLD. JOB: ROLLER HOCKEY RINK PECONIC LANE PARK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF SOUTHOLD EXPIRATON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAR 53095 MAIN ROAD 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER N➢AMoD T® THE LEFT, SOUTHOLD NY 11971 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ITH 6 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON ROLLER HOCKEY RINK FACILITY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 BID OPENING: 10:00 AM, THUSDAY, APRIL 6, 2000 SEVEN (7) BIDS WERE RECEIVED: 1. Corazzini Asphalt Inc. P. O. Box 1281 Cutchogue, NY 11935 2. East Area General Contractors Inc. P. O. Box 581 1448-S Speonk-Riverhead Rd Speonk, NY 11972 3. Paul Corazzini Jr. & Sons Inc. 3120Albertson Ln. Greenport, NY 11944 4. Chesterfield Associates Inc. 56 S Country Rd P. O. Box 1229 Westhampton Beach, NY 11978 5. PSL Industries Inc. 3333 Veterans Memorial Highway Ronkonkoma, NY 11779 6. Construction Consultants/L.I. Inc. 125A West Broadway Pt. Jefferson, NY 11777 7. Mid -Isle Contracting of LI Inc. 819 15`h St Ronkonkoma, NY 11779 $126,685.00 $129,950.00 $131,250.00 $142,000.00 $168,000.00 $224,000.00 $469,138.00 E t. rc.v. NAME OF BIDDER: L DATE: 3 d Phone #: 3 S/no To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 ds) (written i 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this forty-five (45) days, the Town will accept or period. /n Signature of Bidder: Business Address: a formal b4and shall remain in effect for a period of roposal orJFy mutual agreement may extend this time Date: 'i -/ o 0 Roller Hockey Rink D-1 5-r �TEMENT OF NON -COLLUSION be completed by each Bidder) cordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal after made to apolitical subdivision of the State of any public department, agency, or official thereof or ore district or any agency or official thereof for work or services performed or to be performed or goods or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such ar 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 Res( dthatKlaQPi! �2z12 of Ce2RtZiwfl.[Oh,g�7 IHC be (Name) (Name of Corporation) auth i ad to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Patio Pecconic Lane, Peconic, New York 11958 and i( elude in such bid or proposal the certificate as to noncollusion required by section one -hundred -three -d (103- 1 of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- state +its in such certificate this corporate bidder shall be liable under the penalties of perjury. The i re going is true and correct copy 4 :he resolution adopted by corp: , I ion at a meeting of the Boar, ( 'Directors, held on the (SE/ IF THE CORPORATION) Laws i ow York, 1965 Ch. 7e. S ac. 103.d, as amended effect I I teptember 1, 1966 CO242zitiC. A49h947' _lirC N6io7 M (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 C'o�eAZz�a.� ylph��-T 1NC (Bidder) Certifies that: I intend to use the following listed construction trades in the work under the contract - and, 2. a. 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 it 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: 3. 1 will obtain from each of my subcontrac administering agency prior to the award subcontractor certificati ed by ti ✓/ 'P14 Roller ; and, and submit to the contracting or ny subcontractor under this contract the Bid Conditions. Rink of Bidder) F-1 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed (Corporate Title) (if any) 709eeinfer l Bid on 7nnn ROLLER HOCKEY RINK FACILITY JUD{Tki B. V,,n77_ .6TH 4787A 6uflo oust ICM BID OR PROPOSAL BOND BOND NO. 3S 975 324-00 KNOW ALL MEN BY THESE PRESENTS, • THAT WE, Corazzini Asphalt, Inc of Cox LN, Cutchogue, NY 11935 (hereinafter called the Principal), as Principal, and Lumbermens Mutual Casualty Company, a corporation, organized and existing under the laws of the State of Illinois and authorized to become surety in the state of New York (hereafter called the Surety) as Surety, are held and firmly bound unto Town of Southold (hereinafter called the Obligee) in the penal sum of Six Thousand three Hundred Thirty Four and 25/100 Dollars ($6,334.25) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Asphalt Paving for Roller Hockey Rink Facility, Peconic Lane Park, Peconic. NOW, THEREFORE, the condition of this obligation is such that if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with Surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS, I -M M FA 066-2 Bid or Propo l Bond I%MPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Donald H. Klug, J. P. Burks, Carol A. Horan, Dawn M. Godfrey, Aklima B. Noorhassan and Maria A.. Eng of.New York, New York (EACH)•••»»""'»'»"•`«»«.....«..,•«."'«"'•'« their true and lawful agent(s) and attomey(s) in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings'«.»»'».,"'«'«""' EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bo, ids in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply to all Intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authodty to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Corvnittee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Dtrectors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company.' _ In Testimony Whereof, the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, this May 19, 1999. Attested and Certified: 1 Robert P. Hames, Secretary Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company 4V IPLS %per.. by J. S. Kemper, III, Exec.Vice President CORPORATION/INDIVIDUAL ACKNOWLEDGMENT CORPORATION ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK SS.: On this 4th day of April, 2000 , before me personally came J.P. Burks to me known, who, being by me duly sworn, did depose and say: that she resided in Newark, NJ that she is the Attorney -in -Fact of the Lumbermens Mutual Casualty Company the corporation described in and which executed the above instrument; that she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corpora -tion, and that she signed her name thereto by like order. INDIVIDUAL ACKNOWLEDGMENT STATE OF COUNTY OF On this day of SS.: DAWN M. GODF-REY Notary Public, State of New York No.01^u05031214 Qualified in Kings County Commission Exp ies Aug. i, 19 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and _he thereupon duly acknowledged to me that _he executed the same. FK 01 73-1 (Ed. 11 93) Printed in U.S.A. LUAMENS MUTUAL CASUALTY COMP FINANCIAL STATEMENT DECEMBER 31, 1999 Assets Cash in banks Bonds owned Stocks Real estate Premiums in course of collection Accrued interest and other assets Total Liabilities Reserve for losses and adjusting expenses Reserve for unearned premiums Reserve for taxes, expenses and other liabilities Total Surplus as regards policyholders Total By Vice -President of Accounting Services State of Illinois) ) SS County of Lake) S 50,540,618 3,311,072,747 2,195,703,725 116,030,164 1,118,978,867 1,027,593,393 $7,819,919,514 $3,443,563,922 928,772,097 1,043,190,256 $5,415,526,275 2,404,393,239 $7,819,919,514 AttesJSecr ary B. A. Conklin and J. K. Conway, being duly sworn, say that they are Vice President of Accounting Services and Secretary, respectively, of LUMBERMENS MUTUAL CASUALTY COMPANY, Illinois; that the foregoing is a true and correct statement of the financial condition of said company, as of December 31, 1999. Subscribed and sworn to before me This 28th day of February, 2000 KATHLEEN J. WURTH Notary Public, State of Illinois °o a My Commission Expires 7/11/02 ee000s000so•soeos•es0000esoo F DER: Fr n�r1 nStrL/``riL1/)/i l b11Sj4G ��S `L�J/7 C DATE D d �U�L�! JD . 1 G..� / Iplq�/:sn .—VPhone#: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: �WU 1%alwo Ano (written in words) 1) BS -,Vol (written 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 of the Town and shall fail to give the required security within the ten (10) days atter 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: Roller Hockey Rink i�C%vr5 1 �P �i�� 0 OF NON -COLLUSION , To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION n Resolved that�Z rfZ of t n i/'r.[ (% Q l (�i ISc, YfwilJ be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 r-,) / /� copy of the resolution adopted by ( ten s+rL_c.��bon (nnSr. �fC✓1fS��-7-7 lnC corporation at a meeting of the—Q Board of Directors, held on the _7 day of AA / 19 O (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, See. 103-d, as amended (Signature) effective September 1, 1965 Roller Hockey Rink E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: I intend to use the following listed construction trades in the work under the contract_ and, 2. a. 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, 3. 1 will obtain from each of my subcontractors and submit to the contracting or administering agency prior tqthe award of any subcontractor under this contract the subcontractor certification eq ired by these Bid CO-WWOas._� of Bidder) Roller Hockey Rink F-1 0 0 0 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Construction Consultants LI, NY, 125 A Broadway, Port Jefferson, NY 11777 0 as Principal, hereinafter called the Principal, and the Universal Bonding Insurance Company , of 518 Stuyvesant Ave., Lyndhurst,NJ 07071 , a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold PO Box 1179, Southold, NY 11971 as Obligee, hereinafter called the Obligee, inthe sum of 5% of amt bid --------------------------------------------------------------------- Dollars ($ 5% of amt bid ) , 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 Roller Hockey Rink Facility @ Peconic Lane, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31 day of March 2000 Construction Cqw4jltants LI, NY, 125 A Broa , ort Jefferson, NY (Seal) ( cipal Witness {( Title Lysg� — Witness Universal Bonding Insurance Company Attorney -in -Fact THERESA S. BURKE ATTORitli:y-IN-FACT Individual Acknowledgment State of County of On this day of '19 before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of New York County of Nassau On the3l day of March of the year 26-00 before me personally came Joel t+-7kr itz to me known; who being by me duly sworn, did depose and say that he/she/they reside(s) inC ,tch T,P that he/she/they is (are) the P, iAant of the conatrnction r'nnc,lf tants rT Tn(r.the corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/ it name(s) thereto by like authority. A ® J DARYL HAMILTON My commission expires crate of NE Notary Surety Acknowledgment State of New York County of Nassau On the 31 day of March of the year 2000 before me personally came m �_ ney _- n„fa__t to me known, who, being by me duly sworn, did depose and say that he/she/they is an attorin cof Universal Bonding Insurance Company , the corporation described in and which executed the within instrument; that he/she/they know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she/they signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standin olution thereof. My commission expires bANYI. 4AB IL-ToN �ry Public, swycAt Ncr Ptl lis No.5007879 Qmmiselon Exp$ es � CoWift �Q 0 0 0 POWER OF ATTORNEY POA No.:UB 008800 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desires. That UNIVERSAL BONDING INSURANCE COMPANY, a New Jersey corporation (sometimes referred to as the "Company"), does hereby make, constitute and appoint Louis J. Spina, Anthony J. Panno, Anthony M. Spina, Daryl Hamilton, Theresa S. Burke, Donna Davis & Denese Thompson in the City of Syosset in the State of New York its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS FIVE MILLION DOLLARS ($5,000,000.00) ................................. The acknowledgment and execution of such bond by the said Attomey-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly -elected officers of the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight ofMAft.111 302001._, but until such time shall be irrevocable and in full force and effect. ' That UNIVERSAL BONDING INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Universal Bonding Insurance Company, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations Universal Bonding Insurance Company (hereinafter referred to as "the Company") shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the Company. The signature of any such officer and the corporate seal may be printed by facsimile" (Blue shaded area above indicates authenticity) The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement or letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of the Universal Bonding Insurance Company specifically authorizing said increase. M WITNESS WHEREOF, the UNIVERSAL BONDING INSURANCE COMPANY has caused these presents to be executed by its President with its corporate seal affixed this I_ day of Marr --h 2000_. State of New Jersey } County of Bergen } On this 31 st day of December, 1998, before me, a Notary Public, personally appeared Richard G. Adams and Margaret A. Nicosia who being by me duly sworn, each acknowledged that they signed the above Power of Attorney as the President, and Secretary, respectively, of UNIVERSAL BONDING INSURANCE COMPANY and acknowledged said instru ent to be the voluntary act and deed of said co ration. I Kimberly M. DiBlasi, Itary Public KIMBERLY M. DiBLASI�/NpTggy NOTARY PUBLIC OF NEW JERSEY jt\ MY COMMISSION EXPIRES MARCH 3, 2003 pUe1.%G UNIVERSAL BONDING INSURANCE COMPANY By: Richard G. Adams, President CERTIFICATE I, the undersigned officer of UNIVERSAL BONDING INSURANCE COMPANY (the "Company"), a stock corporation of the State of New Jersey, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, except that the same shall terminate if not used all as set forth above; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of UNIVERSAL BONDING INSURANCE COMPANY this 31st day of Decem , 1998. 1_ - • By: 01400193011= qMW -.W� Margaret A. Nicosia, Secretary UNIVERSAL BONDING INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31,1998 ASSETS Investments — $4,987,329 Fixed maturities Equity securities — Common and Preferred Stock 1,672,934 Investments in wholly-owned subsidiary 5,964,947 12,625,210 Cash and short-term investments 787,586 Collateral deposits 11,454,946 Agents' balances 1,560,771 Contract funds receivable 531,561 Reinsurance recoverable on paid losses 11,094,104 Electronic data processing equipment, net 121,745 Goodwill 607,199 Other admitted assets 627,714 TOTAL ADMITTED ASSETS 39,289,091 LIABILITIES AND SURPLUS LIABILITIES Reserve for unpaid losses and loss adjustment expenses 12,950,779 Unearned premiums 1,762,180 Collateral deposits due contractors 11,454,946 Accrued expenses 534,512 TOTAL LIABILITIES 26,702,417 SURPLUS: Common stock, par value $2.76; 1,268,110 shares Authorized, issued, and outstanding 3,500,000 Additional paid -in capital 1,588,769 Unassigned surplus 7,497,905 TOTAL SURPLUS 12,586,674 TOTAL LIABILITIES AND SURPLUS 39,289,091 I, Robert A Nicosia, Chairman of the Board of Universal Bonding Insurance Company, do hereby certify that the above and foregoing statement is a full, true, and correct exhibit of the assets, liabilities, capital stock, and surplus of the said company on the 314 day of December, 1998 according to the best of my information, knowledge and belief. N Jersey before me _,1999. Robert A. Nicosia TH Chairmen of the Board OF NEW JERSEY PIRES JULY 13, 2003 PROPOSAL FORM is a NAME OF BIDDER: Mid -Isle Contracting of LI Inc. DATE: 4-6-00 819 15th Street, Ronkonkoma, New York Phone #: 631 981-2642 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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 THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: FOUR HUNDRED SIXTY NINE THOUSAND ONE HUNDRED THIRTY EIGHT DOLLARS $469,138.00 (written in words) (written in numbers) Bid Qualification, substitute galvanized dasherboard in lieu of wood per manufacturers reco: And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail ormdation. neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that thi roposal is a fo I bid an II remain in effect for a period of forty-five (45) days, the Town will accept r eat this propos r by t I ag ment may extend this time period. Signature of Bidder: �V/ Date: 4-6-00 Business Address: 819 15th Ireet Ronkonkoma, New York 11779 Roller Hockey Rink D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that George Guidi,PresidentofMid—Isle Contracting of LI Inc. be (Name) (Name of Corporation) . . authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to noncollusion 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. 761, Sec. 103-4, as amended effective September 1, 1965 Mid—Isle Contracting of LI Inc. day Roller Hockey Rink E-1 r 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 Mid -Isle Contracting of LI Inc. (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract - Laborers Operators and, 2. a. 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: we will supply if low bidder 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: we will supply if low bidder ; and, 3. 1 will obtain from each of my subcontractors and subm' to th cntracting or administering agency prior to the away of any sub ract nd is contract the subcontractor certification required bese Bid C itio G. Guidi, President k � (Signature of Authorized Roller Hocj[ky Rink F-1 ,A 7REli I AP. Per J9$7 Noel. WMA, e102.79s7 12091492.1000 Admitted Assets Investments. fixed MaturMu .................. . .. 1 160,871,063 Why oauddes ............... . ...... . 320,340,208 Short-term bwesimems .................. 36,409,4911 ileal osteta .......................... " • 6.070.100 callatael loans.......... ................ — Cash on hand and an deposit ................. 11,330,1331 Other aw and Begets . . .................... 10,466,121 Alfamn'baanced ......................... 12,933.171 mractro nt b9rome due and accrued ............ WK4411 Federei income tut rogaveteble . . .. . ........... 326.797 RsInsWenge raeovateble an paid aaaw ..... , ... 6,046.006 Sldeuonle data procaesin9 equipment, nee of aseumuaad d■precletan ............ 6.002.860 Nsddlvable from affalatee ..... I ..... I . , .. , .. , 4,021.200 Other admitted exam ................ � ... , 28,904.069 Total A0,ht44 Assets ..................... 4 872647.847 State of lglnois ss. County of Poona 0 RLI Insurance Company December 31, 1999 Liabilities and Surplus Weblotlasr Regime for anpdd Iomega and late adlustmentexpanasa ..................6 174,400,713 unnamed prorduma.................. ... 91.138,794 Accrued maperr+as .......... .:..... I ... , 19,849.927 Federal Income texas payable ........... . . � — Funds Paid ..................... . . . . . . 1,148,930 Amounts whhhald . . .... . ............... 3.999.306 9bIWNN penahlV ...... ............... 271,200 payable to affiliates . , ....... I ........... — Orafts ouatendln0 ................. I ....11,261.4791 Total Wsbllhas ........................... a 326,301.106 aurplusl Camman stags .......... . . . . Ad4ltlon li paid -In "pilot .................. 62,676.474 Unamloned surplus ..................... 13.870.892 Total Surplus ............................ a 286,24a,841 Total Liabilities and Surplus .................. 11 6194 The enders/yned, ba/ng duly sworn, $ays: fiat he Is the Pres/dent of RLIlnsurance Company; that sold Company is a corporadon duly organhsd, exAting and engaged /n business In the State of M YORK and hes duly complied with off the requirements of the /ews of said State appfleab/e of said Company and is duly quaRled to act as Surety under such laws: that said Company has also compiled with and Is duly quellf/ed to act as Surety under the Act of Congress approved July 1947, 6U.S.0 sac. 6-13,and that to the best of his know/ed9e and bellef the above statement is full, true, and correct statement of the flaenc/a/ cond/tlon of the sold Company on the 31st day of December 1999. Attest. President CO arVIN 7- Jonathan E. Michael {Seat Affixed Seorffary Camille J. Honsey Sworn to before me this 15th do y of February 2000. [Aw-- ckae "OFFICIAL SEAL" Notarial MRRIL' L. A4CINIGOMRRY Sell► 0AMd6 M 9KFIaR3113/a3r01 Afted .Diary Public aredm r dfen amery state of 11/mels a1y "mmbabn FMOVS MN i 2004 M0068200 ,b rD lI_V I 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: POWER OF ATTORNEY BOND NO. RNS- 0104646 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint LOUIS 1. SPINA, ANTHONY I. PANNO, NICOLE GRUTER, DARYL HAMILTON, DONNA DAVIS, THERESA BURKE, ANTHONY M. SPINA, BARBARA WALKER, DENESE THOMPSON in the City of ST. JAMES , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. State of Illinois SS County of Peoria `l pw. mrglrr S�RPNC@ C0 �� ••OpP DR,y �. �.p',� tis,•c F•.vZ, SEAL! :B� On this 1st day of January , 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. e� Public "OFFICIAL SEAL" CYWHIA S. DOHM NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 02/24/02 RLI INSURANCE COMPANY President CERTIFICATE 1, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 4 day of April 2000 RLI INSURANCE COMP -� President SPA030(6/99) 0 dividual Acknowledgment iate of ounty of 10 On this day of 20 , before me personally came to me known, and known to me o be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she axecuted the same. My commission expires Notary Public Corporation, Acknowledgment State of •� -� County of /��ti-� On the ST�'day ofof the year 2000 before me personally came to me known; who beinme y swm did depose and sayt at he resi e s i that he is (are) the of the �f - i'..�< .� the corporation describedy In and which executed the aboVe instrument; that he know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he signed his name's hereto by like authority. Maria U. Smith Notary Public State of N.Y. No. 4826625 - Suffolk n My commission expires Commission Expire Notary Public Surety Acknowledgment State of New York County of Nassau On the 4 day of April of the year 2000 before me personally came Donna Davis to me known, who, being by me duly sworn, did depose and say that she is an attorney in fact of RLI Insurance Comaanv, the corporation described in and which executed the within instrument; that she know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standing resolution thereof. My commission expires Note w Yak Q; ner.. . Not* Public "p cmift 60"M ia�i°11oo..�lf 0 BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Mid Isle Contracting of LI, Inc. and the RLI Insurance 0 BOND #0104646 as Principal, hereinafter called the Principal, of One World Trade Center, Suite 4073, New York City New York 10048 , a corporation duly organized under the laws of the State of Illinois , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, New York 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% Of The Amount Bid -------------------------------------------------------------- Dollars ($ 5% Of The Amount Bid ) , 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 Construction of Roller Hockey Rink, Peconic Lane Park NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of Mid Isle 819 15th Witness mess { of LI, Inc. New Title One World TMe Center, Ste 4073, NYC, NY Witness { By Donna Davis, Attomey-in-Fact FROPOSALFORM 0 41 NAME OF BIDDER: ��JU ST�2�i?S y ryC C. DATE: Phone # 739 -0"S - TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof, that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 su " of: 000 (written in wo s)D (written in numbers) O And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified, check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a format bid d shall remain in effect for a period of forty-five (45) days, the Town will accept or rej proposal r utual agreement may extend this time period. Signature of Bidder: Date: Business Address: Rd ler Hockey Rink D-1 • STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-1 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that =A, .T— 14. 0_oM area kof +7 5 ( �N n v rTnac � _ ✓ c . be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to noncollusion required by section one -hundred -three -d (103-f) 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 o c Board of Directors, held on the S day of /q P, W_ l L-_ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 193-d, as amended affaotiva September 1, 1965 Roller Hockey Rink 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 U,� s7 2i e� w (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract - (9 P ontract_ cia and, 2. a. 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: T and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: 3. 1 will obtain from each of my sub( administering agency prior to the subcontractor certification,EecLbid and, fors and submit to the contracting or of any subcontractor under this contract the ese. Bid Conditions. (Signature bf Adthorizdd"ITepre'n5fitative of Bidder) Hockey Rink F-1 0 0 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) n (if any)_ {� 3 L i g v rt u�i Bid on 7.nan ROLLER HOCKEY RINK FACILITY THE AMERICAN INSTITUTE OF ARCHITECTS 0 AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we P.S.L. INDUSTRIES, INC. 3333C VETERANS MEMORIAL HIGHWAY, RONKONKOMA, N.Y. 11779 as Principal, (Here insert full name and address or legal title of Contractor) hereinafter called the Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 2023RT. 70 WEST POBOX 4270 CHERRY HILL NJ (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, N.Y. 11971 (Here insert full name and address or legal title of 0,ner) as Obligee, hereinafter called the Obligee, in the sum of 6% OF BID N/TIE TWELVE THOUSAND FIVE HUNDRED 001100 Dollars ( $12,500.00 ) 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 (Here ; err full name, addre.s ana f p,.J.�t) ROLLER HOCKEY RINK @ PECONIC LANE PARK, EXCAVATION, PAVING, DASHER BOARDS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed March 28, 2000 (Witness) (Witness) (Seal) PETER HE,1g12YAttorney in Fact AIA DOCUMENT A310 oBID BOND oAIA FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 0 0 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF } COUNTY OF ss}. On this day of before me personally came to me known, who being by duly sword did depose and say that he/she resides at and that he/she is the of the corporation described in and which executed the foregoing instrument/ that he/she knows the seal of said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. ROSANNE CALLAHAN ��QQ � NOTARY PUBLIC STATE OF NEW YORK GKX.Al�-sw NO. Ot CA602444 NOTARY PUBLIC QUALIFIED IN SUFFOLK COUNTY coMMIss10PLEXNQWL MMENT OF PRINCIPAL IF A PARTNERSHIP STATE OF j COUNTY OF }ss.. On this day of I before me personally appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same anf or the act and deed of said firm. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL STATE OF COUNTY OF }ss.' On this day of I before me personally appeared to me known and known to be to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same. NOTARY PUBLIC ACKNOWLEDGEMENT OF SURETY STATE OF New York) ss : COUNTY OF Nassau } On MARCH 28, 2000 before me personally came PETER HENRY to me known who, being by me duly swom, did depose and say that he/she resides at 255 Executive Drive Plainview, New York 11803, that he/she is the Attorney in Fact of THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto ty order of the Board of Directors of said corporation. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEW YORK NOTARY PUBLIC NO. 01 CA602444 QUALIFIED IN SUFFOLK COUNTY�o COMMISSION EXPIRES MAY 10 The. Insurance Companyo State of Pennsylvania New Hampshire Insurance ompany Principal Bond Office: 70 Pine Street, New York, NY 10270 . POWER OF ATTORNEY No. PA4027621 (Void unless numbered in red) KNOW ALL MEN BY THESE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and NEW HAMPSHIRE INSURANCE COMPANY have made, constituted and appointed, and by these presents does make, constitute and appoint Peter Henry of Plainview, NY its true and lawful attomey-in-fact, for it and in its name, place, and stead to execute on behalf of said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of """Three Million Dollars ($3,000,000.00)****** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of January, 1998. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney, qualifying the attomey-in-fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached..' In witness Whereof, The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents. a� :Lrartr� STATE OF NEW YORK) COUNTY OF NEW YORK) ss: On this 5th day of January 1998 before me came the above named officer of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corpora- tions thereto by authority of his office. The Insurance Company of the State of Pennsylvania New Hampshire Insurance Company By '. / // / David J. President Notary Public. State of New York No.01SA4974380 Qualified in Suff Ik %Cpnty Commission Expires P3(s� Xtr Y 4Xt ✓/W NOTARY SIGNATURE AND STAMP (REQUIRED) I, Elizabeth Tuck, Secretary of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company do hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and therefore that the Resolutions of the Board of Directors, act forth in the said Power of Attorney, is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation (3W this 28 day of march '20 00 Elizabeth M. Tuck, Secretary 67560 (6/98) 7621 The Insurance Company o�e State of Pennsylvania Executive offices 70 Pine Street New York, NY 10270 0 FINANCIAL STATEMENT as of DECEMBER 31, 1898 ASSETS LIABILMES Cash b Sirort Tmm Invenana_._.«_...... 293.776 Agents' Babnxs or unmeacted Pmmvma,.. 277.866.607 Prods Meld by Ca*n Ra m=ws ......___ Z.2Z5S01 Resaiaanm Ramverable an Las Payments 77.106.7'90 E;vefrs a Deposes in Pools & Assoeia Iw& 27,725.904 MwAdntitLedAssea._..._.___........_._ 230.750.682 Reserve for Lasses and Lass Fiva e 5 Reserve for tlneanled Premoata.__._ Row", for E•Wvses. Twos, Lben6es and Provision for Funds Maid Under Reiaraanm Treaces .__...---^--_.--- capta! 756.144.vt 232.194.904 2.343.082 35.172893 35,971,115 a.a6ouz s.aas.5ao 759.073,227 . TOTAL PCLICTHCL09RS* TOTAL ASSETS ........................ 5 1.834,770,534 SURPLUS _._.____..—_—_--_ 787.449;727 TOTAL L1ABUITMS AND . POUCYHCL 13EW SURPLUS ..._._ 5 1,=4,770.534 i Bands and soda am vaLued m aomtdanm wen fie bas's adoptod by 114 Na JWW AssOC4dott of h=ome+ Cdnmtss=W= SeeaiBes ,Hied at 5138:758.976 in the above sumurartt we depasftd as rapuued by taw. E.IZABE-1 H M. T JCK Secretary and ROBERT J. BEER, Comptroller of Insurance Company of the State of;. Pennsylvania being duty swam each for himself, deposes and says that they are above described officers of the said Company and that on the 31 st day of December, 1998, the Company actually possessed the assets set forth in the foregoing policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is carred exhibit of such assets and liabilities of said Company on the 31st day of December, 1998, according to the best of their information, knowledge and belief respectively. /,%✓_ yY .Y.t_il�I J� � �:.',( Sectary Camcm�}e%_ ;- ; '� .w YCRX Nen YORK }ss.. On this 18tH Cay d L4ar W. 1449. bera2 me carne the above nomad affirm d Irartranae Canpaty d dte State of Pennsylvz= to rm Vwwn to be Lha inaividuas and officers de=*ed herein, and aekaa qe tat they eseeme 3 the foregohg waWzrkerd and a8laed the seal d aid aogxxz bn t www by atoux tyd their o1Baa 31077 (3A9) 32SLait L MOZZOW MST Asti Stew of N� Tat Ma 01-NoAd= L T� 1=a r O�- `- w- M� a WkiLL U{6 CLW &U• 3719=1= wfpa tmtlrt wbu= it mars that ZM 193=At= C010AST OF THS 5'_'AT? alp PElti snvxN2A *Ossa /tammmm ASaadstpbia. P=wMala ®rgane)a ttratt the ung al the $= of peat a"ada bas mmptfta too tier .=ns q t ,tats at ar lutl rR m taxa. tt & Itm5p MvtoA m 3a bob tbtd Jim tbi t4setaS at aeddeat and bslth. firs, mboasco as pta-m • *w daotata..bvmW? mad tbat. dam •bdls and nau mw. donim mtmaL mQldoo. womai Wx7 rvmly, ptttpatty diCta;tUWW. sttikm' mosmGdaa ret empta]eas' liaai7itY. 1Sdet:ty aed syss�f. tea it some ala sed iaaatt phl . ft=IN ma lma aad !mond ma bm msrtae ptetae�a >ad ftp. ad raddwl valga iast3raaaa. a tpmeitlad in pasaspu 3. a '1& 7. i. 4. ta, It 12. 13. 14, 19. 14 V. 19. A 21. tad a of Saetlaa UU(a) of toe Near Yatt iCgrime IAA a :d abs aach viae sp'co=p=w= msntaaea a mg be IndAc rc m w•ar+tat eeasmm;b,ud• imdar petsuapb 20 tab U of Smaoa 13i3(a) 4aeludmti wets de m'W in this L 'i ad 5istbor WarSa t Campm Vm AGE "U LAW Na. tiOD. 6 Gvsd as eseadait 33 = Saaga 901 ee ae4r as smsaded). sad as tutcdm d by Seeded 4=&). bmiass of OR? Yield m daaest$= oaaids of ms Yaiud Stora tad reiosatmoa of arty ldad or I ,0e pden ao the =Uat pwmi d b7 eopy of its cbaux doetttaaat os Me in this Depar=cm =tU 3n Ott mas Wtesmb 3 bdta tam m see C7 Gam tea taboret It aOWA 1mi of ti» =ma ma& a tljt C27 of mb", fAft pa& t& lsrIIap of ,,1999. NM D. LZVN 3'apauataaant at 3m=siva rapt dac ix;tgfo¢paEfntas = I p''a,•w 03/28 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for thework, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal Is accepted and the contract for the work is awarded 0002 to said PSL IMYlUST2IES, INC. the THE INSURANCE COMPANY OF THE STATE_ OF PENNSYLVANIA (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided. Authorized Offie , Agent or Attorney PETER HENRY Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOLD, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 NP ME OF I B [,DER: �r1Pgi PXAEAA �SSoe-%24e5 , T n C_ . DATE: Z000 P.o.(3ox 1229 1[AP5+hamntVn8QA_J 0'LJJ1 tPhone#: X2_51[) Dag -5 00 TO SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 ME ,ABERS OF THE BOARD: Th( undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as )rincipals 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 per on acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the per ormance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has car( Fully examined the contract documents dated: MARCH 1, 2000, including bidding requirements, contract, gen oal and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of a idenda and their dates must be included as indicated on bottom page); that he has satisfied himself by per: onal examination of the proposed work, and by such other means as he may have chosen, as to the corn iitions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will con'ract to furnish all materials not provided by the Town (See Specifications) and to perform all the work req( red to construct, perform and complete the work at: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prep@red by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, Nex York 11971, and shall comply with all the stipulations contained therein and that he will start the work as d rected by the Town, he will accept, in full payment thereof as listed below. THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: &o COOV73. OV,c Fo& r" Ti✓ /42,_ao6. od (written in words) l(written innumbers) And ie 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 ha,(e abandoned the contract and the sum represented by the certified check accompanying this proposal shall ie 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 tt e undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, theTown will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Date: 4 0 Sc-'ar P \ice- res ( EnT Busin Bss Address: Roller Hockey Rink D-1 rr • STATEMEIWPC"ON-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 apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each parry thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that , n Ian of a e,5+e fm e,,� J-0 C . be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 n copy of the resolution adopted by l Irl PS (r? r l t 55 aC° 1 a S . Tnc corporation at a meeting of the / - Board of Directors, held on the day of Qrl�a (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended .JET y cc&M&(Signature) �82.E7AfZ Y V6ASUe&i?. effective September 1, 1965 Roller Hockey Rink E-1 H NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitat on for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its em;:)loyees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) IleV/9 Sa;TIE aj. ALIAtJ (Corporate Title) V I c -E- Pf_E,Sit�E*J T (if any) CRs_�TbZFiELL6 ASSOCATESJOC. Bid on 2nnn ROLLER HOCKEY RINK FACILITY r PL.ETED BY EACH BIDDER) Me'el;gible for award of a contract under this Invitation for Bids unless subn itted as a part of its bid the following certification, which will be of the esulting contract: BIDDER'S CERTIFICATION ` (Bidder) 1/ Certifies that: I intend to use he following listed construction trades in the work under the contract_ as and, 2. a. as to tho ;e 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-'iuffolk County Plan it will comply with the said County area within the scop, of coverage of that Plan, those trades being: FUZTH&(L CLA(Li FIcg-rI ot) and/or, b. as to tho:;e trades for which it is required by these Bid Conditions to comply with Part !I of these Bid Conditions, it adopts the minimum minority man- power uti�'zation goals and the specific affirmative action steps contained in said Part I, for all construction work (both state and non -state) in the afore- mentione a area subject to these Bid Conditions, these trades being: and, 3. 1 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 ce rtificatioyf requjred by these Bid Conditions. (Sic: nature of Authorized Representative of Bidder) 5ET6 b.,AU_AN, YicL P2E51bANT Roller Hockey Rink F-1 .333 THE AMERI*N INSTITUTE OF AWHITECTS AIA Document A310 Bid Bond BOND# RNS0104227 CHESTERFIELD ASSOCIATES, INC. (Here insert full name and address or legal title of Contractor) 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY 11978 as Principal,hereinafter called the Principal and RLI INSURANCE COMPANY ONE WORLD TRADE CENTER, NEW YORK, NY 10048 (Here insert full name and address or legal title of surety) a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD (Here insert full name and address or legal titke of owner) t as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF TOTAL BID AMT---- Dollars ($ 5% OF BID ) 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 CONSTR. OF A ROLLER HOCKEY RINK FACILITY (Here inaert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6TH day of APRIL I.L •11 CHESTERFIELD ASSOCIATES, INC. (P' ipal) (Seal) 5E -1(A b. RLLA (Title) VICE Pe.&S ibEO-C RT.T TTICTTRAWPV rn DAaTV AIA DOCUMENT A310 • BID POND • AIA @ • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGION, D.C. 20006 ,A 1L0I L111 1C1L Y1.iJU" rah •.J1V�L00-.J1V1 I'IQI LJ LVVV VO.44 r. VJ OFFER OF SURETY (To be completed by Each Bidder) the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: RLI INSURANCE COMPANY SURETY COMPANY CH D ASSOCIATES, INC. Signed: j/ ss -r(4 D . ��c7(Bidder) V i cf- lb €rJT CERTIFICATE OF SURETY to be signed by a duly authorized' official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to sold CHESTERFIELD ASSOCIATES, INC. the RLI INSURANCE COMPANY (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided, 4uthorized Official, Agent or Attorney DAVID.A. GOLDSTEIN-ATTORNEY IN FACT Date: 4/6/00 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 ACKN0WLEDGMENT OF CONTRACT OR, IF A CORPORATION State of NEW YORK County of S�1FFocK On the6TH day of APRIL in the year 2000 before me personally came Aa*A to me known, who, being by me duly sworn, did depose and say that he re ides p^at �aSk �uac U-1—, that he is the V ICe f2S(CI of CHESTERFIELD AS�SbCIATES, INC. the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the Board of Dir�tors of said corporation Notary Public Stats of Nen YOrk No.01WA4333943 Qualified In Sullolk County Commission Expires May 31.20-W ACKN0WLEDGMEN7 OF SURETY State of NEW YORK County of NASSAU Notary Public or Commissioner of Deeds On the 6TH day of APRIL in the year 2000 , before me personally came DAVID A. GOLDSTEIN to me known, who, beinc by me duly sworn, did depose and say that he resides at MERRICK, NY , that he is the ATTORNEY IN FACT of RLI INSURANCE COMPANY the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the Board of Directors of said corporation GAYE CONKL IN Notary Public, State of New York No. o100498,",'2 ounly Qualified in Nas J ; :,, )L Commission Exp a aotary Public or Commissioner Of Deeds D._"11 .._S_=_._Ni 9025 N. Lindbergh Or. • Peoria, IL 61615 Know All Men by These Presents: 0 POWER OF ATTORNEY BOND NO. RNS- 0104227 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint GEORGE O. BREWSTER, DAVID A. GOLDSTEIN, NANCY B. SCHNEE, FERN PERRY, GAYE CONKLIN in the City of JERICHO , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. State of Illinois SS County of Peoria On this 1st day of January, 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. Notary Public "OFFICIAL SEAL" CYWHIA S. DOHM NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 02/24/02 or? T�2 SEAL rCLINO\`�< RLI INSURANCE COMPANY LIyAN� President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this day of -v RLI INSURANCE COMP APR G President SPA030 (6/99) q m H pirw D I V I S I O N 9025 North Undbergh Dr. • Peoria, IL 61615 (309)692-1000 Admitted Assets Investments: Fixed Matunbes.............._................._................... Equity securities ...... ..................................... ........... Short-term investments .....__ ................................. Realestate ........................ .................. ........................ Collateral loans ............................ _........... .................. Cash on hand and on deposit ........ .._..................... _ Agents' balances .............. ..........._.........................._. Investment income due and accrued ........................ Federal income tax recoverable ................................ Reinsurance recoverable on paid losses ................. Electronic data processing equipment, net of accumulated depreciation .......................... Receivable from affiliates .......................................... Other admitted assets ......._ ..................................... Total Admitted State of Illinois ss. County of Peoria 0 RLI Insurance Company December 31, 1998 The undersigned, being duly sworn, says: That he is President of RLI Insurance o panthat said Company is a corporation duly organized, existing and engaged in business in the State of NEW xK and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and correct statement of the financial condition of the said Company on the 31 day of December 1998. Attest: C ' ': Seal SEAL = ` Affixed •G Sworn to before me this 15th day of February 1999 L / 61L� V " 1 ,yn/ Notary Public Cherie L Montgomery State of Illinois My comhnr s Expires February 2, 2000 'OFFICIAL SEAV Liabilities and Surplus CHM L MONTDOWEItY { Seal Liabilities: ( AffiXed S 178.609,579 Reserve for unpaid losses and loss 322.054.799 adjustment expenses.. ....... _................................ 5156.023,917 15.946.825 Unearned premiums ..... ...... .............._....._....__.... 61,148.194 4.562.387 Accnred expenses .........._ ...................................... 18.218,873 ...... Federal income taxes payable.. ...... ..--- ......... .......... 1,026,909 1.385.198 Fundsheld...... ............ ......................_.....-..........._ 1,288,071 11,571,796 Amounts withheld ................. ...... ......_.............. .... 561,259 3,539.481 Statutory Penalties._ ................._......._................... 388,200 ...... Payable to affiliates .......... .................................... ... 4228.158 Drafts outstanding ....... ................... _...................... 32,164 Total Uabilities... _.............................................. ........ $ 236,587,587 3.816.678 1,509,164 5,927,116 Surpfus: Common stock ....................................................... $ 10.000.375 $ 553.171.181 Additional paid -in capital _..............................._.... 51 619.335 Unassigned surplus ................................................ 252,863,884 Total surplus ............... ............. ....... .................... ....... $ 314.483,594 Total Liabilities and Surplus ...................................... $ 553.171,181 The undersigned, being duly sworn, says: That he is President of RLI Insurance o panthat said Company is a corporation duly organized, existing and engaged in business in the State of NEW xK and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and correct statement of the financial condition of the said Company on the 31 day of December 1998. Attest: C ' ': Seal SEAL = ` Affixed •G Sworn to before me this 15th day of February 1999 L / 61L� V " 1 ,yn/ Notary Public Cherie L Montgomery State of Illinois My comhnr s Expires February 2, 2000 'OFFICIAL SEAV r Notorlal CHM L MONTDOWEItY { Seal NOTARY PUBLIC. STATE OF W.BM ( AffiXed My Cwl®ssiw Exp=7PJ20M ( v, / President Jongthan E. Michae Secretary Camille J. Hensey RLP 6015 (1/99) NAME OF �v7 /) BIDDER: l L{u L8I[,ZZ�g • T� t �K r �i7C' DATE: D Phone #: 76 S — ZD i z TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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. THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: 6yeh4(KJ�e4 1r 4f4,*//AV� Yv/.i�?,Lf $,131. 250 (written in words) I (written in numbers) And he further agrees that V this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Date: y DU Business Address: Roller Hockey Rink D-1 0 NT OF NON -COLLUSION 0 (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Y• , 10✓LrZZ%�7,' of �1414Zz%h; 1 ✓ r Si.. s ,�,�. be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 YAa I l ora Z'ZJ ti d fir- o Joy S I corporation at a meeting of the c� ,�//� 2000 Board of Directors, held on the / day of '19 (SEAL OF THE CORPORATION) Laws of New York, 1965 JP Ch. 761, Sec. 103d, as amended (Bigg lure) effective September 1, 1965 Roller Hockey Rink E-1 p' (TO BE COMPLETED BY EACH BIDDER) aidder'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 _56�N f (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ and, 2. a. 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, 3. 1 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. Representative of Bidder) Roller Hockey Rink F-1 41 0 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) A'�� (Corporate Title) (if any) 57toe Bid on 7nnn ROLLER HOCKEY RINK FACILITY THE ANWICAN INSTITUTE OF AWITECTS AIA Documen(A370 Bid Bond Bond No: SII 2952649-2 KNOW ALL MEN BY THESE PRESENTS, that wePaul Corazzini Jr. & Sons, Inc. 3120 Albertson Lane, Greenport, NY 11Myr,e" 1"" " "''"" " "', . " "' ,. " as Principal, hereinafter tailed the Principal, and Utica Mutual Insurance Company 180 Genesee Street, New Hartford, NY 13413 r<„ .e,. '.A,' ,<, a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, NY 11971 'He,e'n+<rt full ".-, ,"4 ,dd,e„ ,..r, "de "- as Obligee, hereinafter called the Obligee, in the sum of Five percent of the bid amount Dollars (S I for the payment of which sum welt 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 Mere onsert loll M Ae, add,", and de,rrivoon al Construction of the Roller Hockey Rink facility @ Peconic Lane Park NOW, THEREFORE, if the Obligee shall accept the bid ei the Princlpal and the P(Inespal shalt enter info a ContraG with the obligee in accordance with the terms of such bid, and give such bond ar bonds as may be specified in the bidding Of Contract gotuments with good and suHident surety for the faithful performance of such Contract and for the prompt paylnnnt of tabor And material furnished In the prosecution thereof, Or in the l:vertt of the (allure of the Principal to enter such Canvass and give such bond or bonds. If the Principal shall per to the Obligee the dllfemm not to aeeed the penalty hereof eic ween the amount specified In said bid and such larger amount for which the Obilgee'may in good faith contract with another party to perform the work covered by said bid, then this obligation AIRbe null and void, othei,else to remain 19, Mf force and effect. Signed and sealed this 4th day of April Y-3;92000 `n -v . T A339 • 910 aONO • AIA ARCHITECTS. 1113 N.Y. Marie D. Reveiiig"JAttorney—In—£act O. C hrAiQR/� 1>riaoethard ywbmprYhp s'srWaa til eaprri0nht lane sad la rgatyy p r� itntrarylfo(t 7 tLuuTHE FACg�OF THIS DOCUMENT HAS SLORED BACKGROUND - NOT A WHITOCKGROUND THE BACK OFTHIt QOCU UTICA MUTUAL INSURANCE COMPANY a NEW HARTFORD, NEWYORK U M EXPIRATION DATE January 31, 2005 PP POWER OF ATTORNEY a a Know ail men by these Presents, the UTICA MUTUAL INSURANCE COM- M PANY, as a New York Corporation, having ItsprIncipal off Ice In theTown of New Hartford, County of Oneida, State of New = York, does hereby make, constitute and appoint Michael J. Huss, Marie D, Revere, Richard P. Pesano, Gregory A. Gerrard, Maureen A.Krol, Debra A. Wichowsky, Judith E. Horvath w its true and lawful Attorneys) -in -fact In their separate capacity if more than one Is named above to make execute, sign, seal and delivery for and on its behalf as surety and as its act and deed (without power of mdelegatlovil spy aq4 all bonds and unde nakings and other writings obligatory In the nature thereof (except bonds guava iteamg t ho paymert ' 0 of principal and interest of notes, mortgage bonds and mortgages) provldedthe amodnt o' no one sora c• dace!tukutil Dollars The execution of such bonds and undertakings shelf boas binding upon said UTICA MUTUAL I NSURANCECOMPANY U. asfully and to all Intents and purposes as If the same had been duly executed and acknowledged by its regularly elected x officers and its Home Office In New Hartford, New York, U m This Power of Attorney Is granted under and by authority of the following resolution adopted by the Directors of the W UTICA MUTUAL INSURANCE COMPANY on the 2'ithday ofNovember, 1961. rte-'Reodwd,fhatlhePfesideMoranyAce-Presldent,Inoortun0onwlththsSserstarvofanvAodetaMSaaratorv.beand thevarsherobvauthofized w m In Witness Whereof, the DTIC, ,ary 1 a c respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal w seat of UTICA MUTUAL INSURANCE COMPANY; and that the said corp p subscribed to sold Instrument by authority and order of the Board of Diract, O In Testimony Whereof, I have hereunto set my hand at New Hartford, Neu aA- a 4�ta&UAgy `x 19141 n 0 z STATE OF NEW YORK t �3 COUNTYOFONEIDA I as: QAC y 1 Stephen J, Lorenz p Mutual insurance Company do hereby certify`that the foregoing Power of i G Insurance Company and the abova-quoted Resolutions of the Board of Din S2 sill in full force and effect. F In Witness Whereof, i have hereunto set my hand and affixed the Seal of tha sak U. this 4th day of Avril 20f10 v a LL'3HI M31A 013-l°JNV IV OIOH - NIdVVW3IVM -1VI3IJIIHV NV SNIVINOO IN3Wf1 n //7 A D acknowledged execul are Vice President and :o said Instrument is the irporetlon at NewHartfor 1 U a Ooa SIHI d0 MOVE! 3H1 a • ACKNOWLEDGMENT OF SUREr* © Utica Mutual Insurance Company ❑ Graphic Arts Mutual Insurance Company STATE OF....... Nest York .One ss.: COUNTY OF --..-_i ._. On this ...... Itb----------------day of .... ARK l........_..................._.............._..... 949before me personally came ---.—_--- Marie D.•_Revere.--••---_....-.-....._.....--....to me known, who, being by me duly sworn, did depose and say: that �he resides in- tica.-.JY..........--.._...__—.--................................. _ ._.._._... that he is Attorney -in -Fact of the Corporation described in and which executed the attached instrument; that he knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed pursuant to power conferred on him by a Power of Attorney granted to him by said Corporation and that he signed said instrument as Attorney -in -Fact of said Corporation pursuant to such authority. NC TART PU C PRINCIPAL'S INDIVIDUAL ACKNOWLEDGMENT ,' ROSEMARY W.ADAS Notary Public In the .'.tete of New York I Appointed in OnCICa county ,/� WYCOMMISSior, Expire. April 30 {(-yO STATE OF LAY COUNTY OF Onthis ............. ---------.......day of........ .............. ----... ................................ ......... 19......... before me personally came - - ............... ..................... .............. - ................ -.... .... ................... ........................... to me known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. STATE OF. NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGMENT ss.: On this.........- ........ day of-----......__----_-:.:................-----.......-----...........4Q 9.2g9efore me personally came - ....................... ........... :.__ ..... ............................... a member of the Co -partnership of - -- ........_.............----•--------------•-------......................................... _..... ..... , to me known and known to me to be the person who is described in the foregoing instrument and he acknowledges that he executed the same as and for the act and deed of the said Co -partnership. NOTARY PUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGMENT ;.FOVZZ 3Nnf S3HkDe N01SSIWjYpO . STATE OF.New --- York......... -- AWnOON70iinSmEBOD83Nt0.ON ss.: .---.--- XUOA MA d0 31V1S'Mand AW10N COUNTY OF .... Su£folk N3003ti3SKSO 5th April 200 personally came _On this.-.... ............ - .day of.------....-..... - - .......----.....--------------------.......TS - - . before me _.._Paul... Coraz Z ini.,.-, III .......................................................... to me known, who, being by me duly sworn, did depose and say, that he resides in .. Greenportl--_NY.._.......-...-............ that heis---Secr..tary................. ...of---P.au.L.. dr. ..... &... &9-ne....... —_. the Corporation described in and which executed the foregoing instrument; that he knows the Corporate Seal of said Corporation; and the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed jLs' name thereto by+ke order. UTO MUTUAL INSURANCE C010"ANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1998 ASSETS LIABILITIES AND SURPLUS U.S. Governmental Direct Guaranteed Bonds $ 77.029,999 Reserve for all Losses $ 632.376.536 All Other Bonds 1,217.255,420 Unearned Premiums 251.898.219 Stocks 120,949,626 Reserve for Claim Expenses 198.049,442 Mortgages 0 Dividends 8.152.801 Cash (16,005,575) Taxes Accrued 8.491,705 Equities & Deposits in Pools and Associations 5.421,634 Federal Income Tax 6.029.032 Premiums in Course of Collection 117.326.717 Amounts Withheld on Account of Others 12,792,588 Interest Due and Accrued 19.747,697 Provision for Reinsurance 15.861.386 Other Admitted Assets 98.953.484 Miscellaneous Accounts Payable 59,304,671 Total Admitted Assets $ 1,640,679,002 Total Liabilities $ 1,192,956,380 Surplus Funds Dividend Reserve General Voluntary Reserve Special Contingent Surplus Divisible Surplus Surplus as Regards Policyholders Total STATE OF NEW YORK COUNTY OF ONEIDA ss: $ 1.825.144 1.500.000 1,700.000 442.697.478 447, 722.622 $ 1,640,679,002 W. Craig Heston, Chairman & CEO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly swom, says that he is the above described officer of said Corporation, and that on the 31 st day of December, 1998, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1998, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 19th day of March, 1999. Chairman & CEO Notary Public in the State of New York Appointed in Oneida County W My Commission Expires April 30, 2000 Attest Secretary 6-B-50 Ed. 3-99 NAME OF BIDDER: 't cosi Cacc'n Q-,Qz �'\ Q-ZT, Q9C5PATE: Phone#: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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�aa r�i� (written in numbers) �.� And he further agrees that if s proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or rejeetyhis proposal or by mutual reement may extend this time period. �//� O O /7 7/_ Signature of Bidder: eorw waw v Date: y Business Address: `e ccn-�, <2e Q 57c,\ Roller Hockey Rink D-1 ATE:HENT OF NON-COLLUSION (To be completed by each Bidder) In accor lance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical 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 o be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any compefitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved e�, ofo��� ac c� �\ecr. nam i be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to noncollusion 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 day of < <\, y3 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103d, as amended (Signature) effective September 1. 11965 Roller Hockey Rink E-1 (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, 2. a. 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, 3. 1 will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any su^bc ntr ctor under this contract the subcontractor certification requiredX tbpse Bid gdn ' ons. (Signature of AVthorized Represeritative of Bidder) Roller Hockey Rink F-1 E BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 yNOW ALL BY THESE PRESENTS, That we, East Area General Contractor Inc 1448-5 Speonk-Riverhead Rd., Speonk New York 11972 as Principal, hereinafter called the Principal, and the RLI Insurance of 1 World Trade Center, New York, NY 10048 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Town Board of the Town of Southold 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of five percent of amt bid --------------------------------------------------------------- Dollars (S five percent of amt bid ) , 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 Roller Hockey Rink Facility @ Peconic Lane Park, Peconic Lane, Peconic, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16 day of March 2000 Witness Wimess East Area General Contractor Inc 1448-5 Speonk-Rivera d., Spe9q, New York (Seal) ( Principal {( Title RLI Insurance Company BY Theresa Burke Attorney -in -Fact this day individual In and who executed the foregoing the same. 10 19. before me personally came to me known, and known to me rument , and acknowledged to me that he commission expires Notary Public Corporation Acknowledgment State of �cic County Of -' On this �,day of mac; c N\ before me personally came to me known, who being by me duly swam, did depose and say that he is the Q a� of S= n —o �Qxc�� Ca ccvc CT.� the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said rtyj�that he signed his name th to b e order. Notary Public, State of New York My commission expires _ No. 01CA6012159 nN .a Commission Surety Acknowledgment State of New York County of Nassau 20.Q14 On this 16 day of March 000 before me personally came Theresa Burke to me known, who, being by me duly swom, did depose and say that he is in attorney in fact of RLI Tnsi1rancP CCMpary the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seat as Attorney-in-fact by authority of the Board of Directors of.said corporation and by authority of this office underthe standing resolution thereof DENESETHOMPSON My commission expires N..+. i Pula cmfn n} New York r -o It No. 01TH46233 7 �'— V QuatNied In Nassau,��yr Commission Expires D I_ V. I S MEN OON 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents., LA POWER OF ATTORNEY BOND NO. RNS- 0 10 4 5 4 2 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint LOUIS J. SPMA, ANTHONY J. PANNO, NICOLE GRUTER, DARYL HAMILTON, DONNA DAVIS, THERESA BURKE, ANTHONY M. SPINA, BARBARA WALKER, DENESE THOMPSON in the City of ST. JAMES , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. State of Illinois SS County of Peoria SJPNI::: CO \� G�pP ORq T� 0 S EA1 On this 1st day of January , 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. Notary Public "OFFICIAL SEAL" CYWH1A S. DOHM )Ally PUBLIC. STATE OF ILLINOIS ''OkMAISSION EXPIRES 02/24/02 RLI INSURANCE COMPANY G. < President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimonywhereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 16 day of March-, 2000 RLI INSURANCE COMP President SPA030 (6/99) hilt ItlSiltanc:>c v..---.- — _ a r N .. - .. Iotthkktdbrgh or_-p.o�.,.n_616t6 _ -. ' 3T, 7948 ., . rim M -low �IAwetsLieillw4m and Suapius umearK z - 417aBM45M Rem= tar .- . 1 _ p,Fmted Fieanilles _ .. �'l�esatnf lass " EauBy aecsitlea 3221164,789 a$ttaanai[etpenart 5156.023;917-' . atmtca.m: rneatne as t5 94B 825 Unewned prwmwrs 91 145194. ' - RW estate 4.562.767 - ' Actied eppe¢sas ' .181'18,873' OOYmrn laetts ...... FadmrW 1==q tax= payable 5.026,9ag Canton hand andan depart t.385.t9B Fiords held. .1.ZaB,C7T 'Agw7& p . 11.57.1.196 Am== wBNteld 3a7.2B ktveiatunt huxttt� due M-4 ==ad .33:19.481 Stor=ey pew - 389200 F+dw income Wxmcrvaaraahle • • • • •. - Fayaale to atlWates Reitmastce mm=verabfe on paid lasses .4,229,158 . . .. Otxl3 aulst; .. 32184 EeCM= data ptvemvng egttipntertt. Tcm523$887387 meatacsatnbmd deptacadw 3.918,875 . Rec imwe hptn afltltoms Qlhef idtm'CLQ assees- 5.927.116 SU"31= - Taco( Ad+nted aasea s 553.17Y,taT CaR6"O° amac S 1"CCL375 Aditanal paid4n =pill! 51.619.11 Umnmwted =plus 252863384 .. .. -Tarn atop h= S3tg483,�4. Stere of 997011a TaWcamft.aaid sutphn s 63i71.1s1 CoUnly-4pecda 77 The urldersrgned, being duty swam, says: That be is President of RU Insurance CempaW, that said Company hs a Corpara>7an duly organbx-4 evsdng and engaged In business in the State of NEW YORK and has duly compred write at( the requirements of the fawn of said StE69 appGCable of said Company and is duty t _ qualified -to act as Surety undersuoh laws that said Company has also Compfred wish and is duly qualified to aCtas Surety ander &e Act of Cangre= approved July 1947, 6U.S C sec 6 -13; -and fhatto the best of his fnowledgeand belief the above statemept is full, true, and canUCt statement of the frrrarltsal Condfdon of the said Cempany on the 37 day of Oecernber1998 - Atbast: Ottutiintpy ' President `QYyPOR9 COrpmate1 J E - zCC Simi SEA _ Aff� _. _ secretary Camr7e J Henley G![LL[ ''11,, - �rt '','',,''�,r•,I1 LYt'tV�''4' w• a�� SiwrrrtaBefcr�me, flu'si5ifrtiay ot. tY' x993 _ - �r%ffIZ?AL3E8L' Not3dal: ' C ��►7 tYfofarji�fru6l"c snt A GaYaeLMuYiggraxy9StatBofUGr7ors W �leiaaa99 UY=MissiorrE*wFhb=YZ200. i ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON APRIL 11, 2000: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc., in the amount of $126,685.00 for furnishing all of the labor, materials, and equipment for the construction of the Roller Hockey Rink at the Peconic Lane Park, Peconic, New York, in accordance with the Drawings and Specifications prepared by James A. Richter, R.A. lzatt Nh A. eville Southold Town Clerk April 11, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER h�o��gUFFO(�-BGG o y� H x r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON APRIL 11, 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign a contract with Corazzini Asphalt, Inc., in the amount of $126,685.00 for furnishing all of the labor, materials and equipment for the construction of the Roller Hockey Rink at the Peconic Lane Park, Peconic, New York, in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., subject to the approval of the Town Attorney. Elizabeth qNvi4lle Southold Town Clerk April 11, 2000 MOW CERTIFI*NTE OF LIABILITY IIDURANCE DATE (YM.OD -L^" ' PRODUCCR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROY H. REEVE AGENCY, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 54 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 13400 MAIN ROAD COMPANIES AFFORDING COVERAGE MATTITUCK N.Y. 11952 COMPANY A BLUE RIDGE INSURANCE COMPANY INSURED COMPANY CORAZZINI ASPHALT INC &/OR B CUTCHOGUE MATERIALS INC COMPANY COX LANE PO BOX 1281 Q CUTCHOGUE NY 11935 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMMD/YY) POLICY EXPIRATION DATE (MMBDfYY) UNITS GENERAL X LIABNITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX7 OCCUR OWNER'S A CONTRACTOR'S PROT PM000248 2/07/00 2/07/01 GENERAL AGGREGATE $2, 000, 000 PRODUCTS - COMP/OP AGG s2, 000, 000 PERSONAL A ADV INJURY $1, 000, 000 EACH OCCURRENCE $1, 0 0 0, 000 FIRE DAMAGE (AM m An) S 50, 000 MED EXP (Any aro pep ) S 5, 000 AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA003887 2/07/00 2/07/01 1,000,000 COMBINED SINGLE LIMIT $ BODILY INJURY S (PW PMFPA) X X BODILY INJURY $ (PW Ii=k*Q PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY' mc:REL LUBLRYCU000570 2/07/00 2/07/01 EACHOCCURRENCE $5,000,000LA FORM AGGREGATE $ S, 0 0 0, O O O OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND IWC001543 2/07/00 2/07/01 X TGRY LIAAIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 100,000 0,000 THE PROPRIETOR/ - n INCL EL DISEASE -POLICY LIMIT S 500,000 100,0 OTHER DESCRIPTION OF OPEMTONSILOCATIONUVEHN)LEB/SPECLLL ITEMS DISABILITY - ZURICH INS CO 1-1-00/01 17222571. ADDL INSURED ADDED TO LIAB AND AUTO EFFECTIVE 4-26-00 TOWN OF SOUTHOLD. JOB: ROLLER HOCKEY RINK PECONIC LANE PARK PECONIC NY SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE TOWN OF SOUTHOLD IEXPPIIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 53095 MAIN ROAD 30 DAYS WRITTEN NOTICE TO THE CEBRFICATE HOLDER NAMED TO THE LEFT, SOUTHOLD NY 11971 BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ON LIABILITY UU A ICOmPIER® i BOND NO. 3S 975 324-00 0 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, Corazzini Asphalt, Inc of Cox LN, Cutchogue, NY 11935 (hereinafter called the Principal), as Principal, and Lumbermens Mutual Casualty Company, a corporation, organized and existing under the laws of the State of Illinois and authorized to become surety in the state of New York (hereafter called the Surety) as Surety, are held and firmly bound unto Town of Southold (hereinafter called the Obligee) in the penal sum of Six Thousand three Hundred Thirty Four and 25/100 Dollars ($6,334.25) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Asphalt Paving for Roller Hockey Rink Facility, Peconic Lane Park, Peconic. NOW, THEREFORE, the condition of this obligation is such that if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with Surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS z M /WUNES 3� n -A&es FA 066-2 Bid or Proposal Bond McMPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbernens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Donald H. Klug, J. P. Burks, Carol A. Horan, Dawn M. Godfrey, Aklima B. Noorhassan and Maria A. Eng of New York, New York (EACH)""•"'•"`•"»""' »`»•»•»»•.•»'•»" their true and lawful agent(s) and attomey(sHn-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings'»`»'»»»"""""`•` EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and fled with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this May 19, 1999. Attested and Certified: Lumbertnens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company lee i UAL ed UtES."J �—S 'Kt Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President 0 0 STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S, Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1-26.02 CERTIFICATION ►►►►►►►►►►►►► t "OFFICIAL SEAL° ► Irene Kl4wor f NotaryPublic; stats erlltlmole ► f E11 Germmnfwn Eapnw Jart a. ataG Irene Klewer, Notary I, J.K. Conway, Corporate Secretary of the Lumberrnens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated May 19, 1999 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this _4th day of April ,2000 e e J. K. Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6.96 Power of Attorney - Term Printed in U.S.A LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provision of Section 103 of the General Municipal Law, that sealed bids are sought sad requested for furnishing all the labor, materiels and equipment as specified for the construction of the Roger Hockey Rink Facility located at Peconic Lane Park, Peconic lane, Pecenic, New York, all 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. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $10.00 non-refundable fee. The sealed bids, together with a bank draft, certified check, or bid bond in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 1@00 A.M., Tdtndj% April 6,200, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities, in any bid should it t^ deemed in the best interest of the Town of Southold to do so, and to retain bids for 45 days from the date of receipt. The contractor shall not withdraw his bid during this period. All bids must be signep and sealed in envelopes plainly marked 'Bid on Roller Hockey Rinkcrecility^, and submitted tc the Offi of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. December 7,1999 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1237-1TM16 STATE OF NEW YORK) )SS: COUNNTY OF SFFOLK), �Jy_ar_ V. u 11 ((1,S of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pulished in said Newspaper once each week ` weeks succes- sively \ng on20 Q day of ()Principal Clerk Sworn to be ore me this_ day of 20QC� SNL$ YoCc QOBRBIIbn E*w i%cMnber 13, ZW 1 �Q s+.na_ T U'X e e Ii 0 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 the labor, materials and equipment as specified for the construction of the Roller Hockey Rink Facility located at Peconic Lane Park, Peconic Lane, Peconic, New York, all in accordance with the Drawings E Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $10.00 non-refundable fee. The sealed bids, together with a bank draft, certified check, or bid bond in the amount of 5% of the Base Bid, will be received by the Town I Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 6, 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 waive any and all informalities in any bid should it be deemed in the best interest of the I Town of Southold to do so, and to retain bids for 45 days from the date of receipt. The contractor shall not withdraw his bid during this period. All bids must be signed and sealed in envelopes plainly marked "Bid on Roller Hockey Rink Facility", 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. December 7, 1999 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 16, 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 Commissioner of Public Works Jacobs Dodge Reports Browns Letters Burrelle's Information Services Town Clerk's Bulletin Board 9 6 • 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 131h day of March 2060 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 to Bidders - Bid on Roller Hockey Rink Facility @ Peconic Lane Park, Peconic, NY Bid Opening Date: 10:00 a.m., Thursday, April 6, 2000. Sworn to before me this a 3th-day of Mar, -`h' . 2006 - _ W tary Public JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County Term Expires June 12, Aoo I 61 Elizabeth A Southold Town Clerk IF It. zll'�j 00 • • INVITATION TO BID PROJECT: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic 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 Roller Hockey Rink Facility @ Peconic Lane Park, Pecconic 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 York11971. 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, New York 11971, until 10 AM, Thursday, April 6 _,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 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: December 7, t 999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Roller Hockey Rink A-1 0 • INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordai bidders shall write in ink, both in words & r furnish all materials, plant, equipment, tc facilities, & to perform all labor and service work in strict accordance with the plans and approval of the Architect. 0 0 ce with the "Proposal Form" provided. The imerals, the price for which he proposed: to )Is, shoring or bracing, scaffolds, or other > necessary for the proper completion of the specifications, and subject at all times to the Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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. 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. Roller Hockey Rink B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, 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. 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. Roller Hockey Rink B-2 0 • 0 0 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. 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. Roller Hockey Rink B-3 0 • • INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid A - 1 through A - 1 Instructions to Bidders 6- 1 through B - 3 Index to Specifications C - 1 through C - 2 Proposal Form D - 1 through D - 1 Statement of Non -Collusion E - 1 through E - 1 N.Y.S. Affirmative Action Certification F - 1 through F - 1 AIA Bid Bond AIA Document # A310 Offer of Surety G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions AIA Document # A201 Supplementary General Conditions H-1 through H-2 General Release K - 1 through K - 1 Prevailing Wage Rates L - 1 through L - xx Non -Discrimination Clause M-1 through M-2 Compliance with the Labor Law & 3000 - 1 through 3000 - 2 Other Dept. of Labor Regulations N - 1 through N -8 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work 1010 - 1 through 1010 - 1 Construction Facilities & Temporary Controls 1500 - 1 through 1500 - 1 Substitutions 1600 - 1 through 1600 - 2 DIVISION TWO - SITE WORK Site Preparation 2100 - 1 through 2100 - 2 Earthwork 2200 - 1 through 2200 - 3 Paving & Surfacing 2500 - 1 through 2500 - 4 Site Grading & Seeding 2800 - 1 through 2200 - 2 DIVISION THREE - CONCRETE Concrete Work 3000 - 1 through 3000 - 2 DIVISION FIVE - METAL Fencing 5500 - 1 through 5500 - 2 DIVISION SIX --WOOD AND PLASTIC Rough Carpentry - Dasherboard Framing 6100 - 1 through 6100 - 2 DIVISION NINE - FINISHES Dasherboard Facing 9650 - 1 through 9650 - 3 PLEXIFLOR In -Line Skating Surfacing System 9750 - 1 through 9750 - 3 INDEX TO DRAWINGS: (SEE ATTACHED) SP - 1 SITE PLAN A - 2 CROSS SECTION DETAILS A - I FOUNDATION 6t A - 3 DETAILS HOCKEY RINK PLAN Roller Hockey Rink C-1 NAME OF BIDDER: _ DATE: Phone TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Date: Roller Hockey Rink D-1 0 0 0 STATEMENT 04PNON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. Resolved that RESOLUTION of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958 be 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. 761, Sec. 1034 as amended effective September 1, 1965 day of (Signature) 19 Roller Hockey Rink E-1 NEA0 RK STATE AFFIRMATIVE ACTIaIV 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. 1 intend to use the following listed construction trades in the work under the contract- ; and, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 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) Roller Hockey Rink F-1 THF*NWICAN INSTITUTE COARWITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Mere insert full name and add,,,, or legal title of Conlnctor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal ride of Owneo 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 Mere Insert lull name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with goold and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shallpay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obiligee'nu y in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Surety) (Seal) AIA DOCUME14T A210 a BID BOND a AIA S a FEBRUARY 1970 ED a THE AMERICAN INSTITUTE OF ARCHITECTg, TM N.Y. AVE, N.W., WASHINGTON, O.0 20006 T TFANBII�Unaloantaad 0lnalam —-NolaOaa US.- - ", of w ,Wb u m selegal Pt48omtan• 0 • 0 • OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided. Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 T H E A M f. R 116A . AIA Document A201 A R C H I 'I h, 1; T S 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 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subiect to legal prosecutions. t CAUTION: You should use an original AIA document which has this caution printed In red. An original assures thatchanpes will not be obscured as occur when documents are reproduced. �y�,� llTFM tcnaltR AIA AIAMMUC7NR aTUTE Of ARCH•'rECU.17!lSNE PORK AVE MN.W, W' D.C.20(06 AIA •OI%7771E AI�IICMIINST1711ieppAR(]a7'!C7'8,17lS NEW YORK AV8NU8, N.W»WA6HWGTON, .. ZOOOG A2014087 1 WArINMO: UnMan"d pholneopying ul0hdit U.S. capydRM lrn mW Y stdIW to 1@0 V afllott. 0 • INDEX Acceptance of Nonconforming Work _ 9.6.6, 99.9. 12.3 Acceptance of NX or 9.6.6.9.8.2. 9.9. 3, 9.10.1, 9.101 Access to Work 3.16,62 1, 12.1 Accident Prevention ........... _ `11 i, 10 Acts and Omission, 3 2 1, 3.21, 1- 2, 3.12.8, 1 18, 4.2.3, 4.3 2. -i1.2 8i 1, 10 1.4, 10 2 5, 13.4.2, 13.7. 14.1 Addenda 1.1.1.3.11 Additional CI st, Claims for _ 43.6. 4.3 �i.3 9, 6.1.1, 10.3 Additional Inspections and "fcsting.... 4.2 6, 9.8.2, 12 2.1, 13.5 Additional Time, Claims for. _ 1 3.6,4 3,8. 4.3-9, 8.3.2 ADMINISTRATION OF THE CONTRACT - _ 3.5.3, 4, 9 4, 95 Advertisement or Invitation to Bid ............. . .. . .... L 1.7 Aesthetic Effect 4.2.13, 45.1 Allowances ........................................ 3.8 Ad -risk Insurance ............... . ................. 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5. t, 9.6.3, 9.8.3, 910.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals - .. - 2 4, 3.3.3, 3.5, 3.102, 3.12.4 through 3.12.8, 3-18.3, 4.2.7, 9-32, 11.3-L4, 13.4.2, 13.5 Arbitration ..................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3-1, 10.1.2, 11.39, 11.3 10 Architect ......................................... 4.1 Architect, Definition of........ _ ... _ ....... _ ..... 4. i A Architect, Extent of Authority. . . 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.63, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility . 3.3.3, 3.12.8, 3A2.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4,9.8_2, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 24,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work.. . . 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6,3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.52, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 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 -Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1, 3.22, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 42.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11-3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.37 Architect's Representations ......... _ ...... 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits ........ 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Asbestos ............. .. ......... ..... ... .. ..... .. 10.1 Attorneys' Fees ........................ 3.18.1, 9.10.2, 1 0. 1 4 Award of Separate Contracts ................... . ....... 6.1A Award of Subcontracts and Other Contracts for Portldns of the Work .............................. 5.2 BANG Ddh*lons.................................... 1.1 Bidding Requirements ................ 1.1.1, 1.1.7, 5.2.1, 11.4.1 Boger and Machinery insurance ..................... 11.8.2 Bonds, Lien ...................................... 9.102 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 0 • Building Permit 17.1 Capitalization ........... 1.4 Certificate of Substantial Completion _ 9.81 Certificates for Payment .... - 4.2.5, 41.9, 9.3.3, 9.4, 95, 9.6. I 9.6.6, 91.1, 9.8.3. 9.16.1, 9103. 13.7, 141.1.3, 14.2., Cenrficatcsoflnspccdon, lexungor Approval 3.12.11, 13.5..4 Certificates of Insurance _ _ 9..1.2, 9.10.2, 11.1.3 Change Orders _ _ 1.1.1, 2.4.1.3.8.2 4, 3.1 1, 4.2 B, 4.3.3, 5.2.3. 7.1, 7.2, -.i2, 8.3.1, 9.1,1.1. 9.103, 1 11.1.2. 113.4, 113.9, 12.1.2 Change Orders, Definition of ......... . .. . . . . . 72.1 Changes......................... _ _ ... _ ......... 7.1 CHANGES IN THE WORK .... 3.11, 4.2.8, 7, 8,3.1,9 3.1.1, 10.1.3 Claim, Definition of .... _ ... _ .......... _ ...... _ .. 4.3.1 Claims and Disputes ....... . ........ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims .. ............. 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 103 Claims for Additional 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, 10.1A Claims Subject to Arbitration .................. 4.3.2, 4.4.4, 4.5.1 Cleaning Up ................................... 3.15, 6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ..... - : 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 82.2, 9.2, 11.1.3, 1 1,3.6, 11.4.1 Commencement of the Work, Definition of ............... 8. L2 Communications Facilitating Contract Administration .................... . ... 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.11, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 823, 9.8, 9.9.1, 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11. 1, 11.3, 13.1, 13.5.1, 13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7,6.1.1 Consent, Written .................. 1.3.1, 3.12.8,3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.32, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. 7.3.1 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's ....... _ ...... 3,10,6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Contract, Definition of ............ ............. ...... 1.12 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1,14 Contract Administration ..................... 3.3-3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, 3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The ....................... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of... 1.3, 2.2.5, 5.3 Contract Documents, Definition of ......... . ........... L 1.1 Contract Performance During Arbitration ............ 4.3.4, 4.5.3 Contrera Sum ................... 3.8, 4.3.6, 43.7, 4.4.4, 5.2.3, 6.1.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition of. . . ......................... 9.1 Ceintract Time ................. 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1., 8.3.1, 9.7, 12.1.1 Contra" Time, DMNtlan of ......................... 1. 8.1.1 AIA DocuMaRr AE91 • GENERAL cominm0NS OP Tice OOr raACT FOR CONSTRUC71DN • PODRTEEMN MTION 2 A201-1987 AIA* • 01997 THE AMERICAN INSTITUTEOPARCHITECTS, 1735 NEW YORK AVWUE, N.W., WASHINGTOM D.C. 20oi WARNING: Unlicensed photocopying vkAsfts U& eoWW low aid is @ublW to bpd peasseadon. 0 • CONTRACTOR ............... 3 Contractor, Definition of _ _ _ _ _ _ 3.1, 6-1 2 Contractor's Bid_.. _....... ... .... .. .. .... 1.1-1 Contractor's Construction Schedules ............. 3.10, 6.1.3 Contractors Fmplogces 1 3.3.2, 3. 4 2, 3.8. I, 3.9, 3-I8, 4 2.3. 4.2.6, 8.1.2, 101, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ................ 11.1 Contractor's Relationship with Separate Contractors and Owner's Farces _ _ 22.6, 3.12 5, 3-14.2, 4.2.4, 6, 12.2.5 tc Contrtor's Relationship with Subcomracuors _ _ _ . 1.2.4, 33.2, 3.18.1, 3 1 2, 5-2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 142.1 2 Contractor's Relationship with the Architect . _ . 1,1-2,3.2.1,3.2.2, 33.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations.. 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.33 Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3. 18, 4.2.3, 10 Contractors Review of Contract Documents ...... 1.2.2, 3.2, 3.7 .3 Contractor's Right to Stop the Work ...................... 9.7 Contractors Right to Terminate the Contract .......... ... 14F Contractor's Submittals ....... 3. 10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.31 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2, 11.4.3 Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Construction 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, 11.2.1 Coordination and Correlation ....... . ....... 1.2.2, 1.2.4, 3.3.1, 3.10, 312.7, 6.1.3, 6.2.1 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, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 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, 6.1.1, 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Constriction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3. 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.32, 9.5.1,2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Dam of Substantial Completion, Definition of .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3. 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5.1 Definitions ...... 1.1, 2:1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.3.1, 5. 1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8. 1, 9. 1, 9.8.1 Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, 4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, B.I.I. 8.3, 10.3.1, 14.1.1.4 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 .............................. 1.1.5 Drawings and Specificaifons, Use and Ownership of..... 1.1.1,-1.3, 2.2.5, 3.11, 5.3 Dutyto Review Contract Documents and Field Conditions .... 3.2 Effective Due of Insurance ...............:...... 0 • Emergencies 4.1 7, 10.3 Emplovccs, ( ontraonr's i ; 2. 3. 4 2, i,S 1. 3.9, 318-I. 1 18 2. 9.2 3, 1 2 0, 8.1.3. 10.2. 11) i. I I .I.I. 1x.2.1 1 Equipment, Lihor, sialcri:dsand 1.1.3, I o, 3 1, 3.5.1. 3.8 2, 1 12 3, 3.12.?, 3.12 1 I. ;3.1 3, 3.15.1, 4.2 - 6.2.1, - 3,6, 931, 9.1.3. I 1 i, 12.2.4, 14 Exccvuon and PnigICSSal'thc Work _ I I-3, 1 2.3, 32, 3.1 1 3.5.1, 42.2, 4.2.3, 43.4, 4.38, 6 2-2, 7.1 1 7.3.9. 8, -21, 8.3.25,1) 0.1, 10.2. 1.4 1, 1,1.3 Execution, Correlation and Intent of tht Contract Documents ....... 1.2, 3 7 1 Extensions of Time ...... _ _ . _ _ . 4.31, 43-8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ......... . ...... 4.3.7, 9.7, 14 1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ..... _ 42.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1,2, 11.1.3, 11.3.5, 12.3.1, 13-7 Financial Arrangements, Owner's ................... . 211 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ..................... ........... 1 Governing Law ..................... _ ............ 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials . ........................... 10.1, 10.2.4 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, t 1.3.7 Information and Services Required of the Owner..... 2.1.2, 2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.92, 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders ............................... 1.l.l Instructions to the Contractor .... 3-8-1,4.2.8,5.2A,7,12.1,13.5.2 Insurance ....... 4.3.9.6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 Insurance, Boller and Machinery 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance, Effective Due of ..................... 8.2.2, 11. 1.2 Insurance, Loss of Use ............................. 11.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance, Property ....................... 10.2.5,11.3 Insurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy ..9.9.1, 11.3.11 Insurance Companies, Settlement with ................. 11.3.10 Intent of the Contract Documents ................ 1.2.3, 3.12.4, 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest........................................... 13.6 Interpretation ........ 1.2.5, 1.4,1.5, 4.1.1, 4.3.1, 5. 1. 6.1.2, S. 1.4 Interpretations, Written 4.2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required .. _ ......... 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 312.3, 3.12.7, 3.12.11, 3. 13, 3.15.1, 4.2 7, 6.2.1, 73.6, 9.3.2, 9.3.3, 122.4, 14 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, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens .................. 2.1.2.4-3.2,4,3.5.1,8.22,9.3.3,9.10.2 Llntltallon on Consolidation or Joinder ................ 4.5.5 Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 Limitations of Authority .................... 33.1, 4.1.2, 4.2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11,3.10 i9NERAL CONDITIONS OF THE CONTRACT --PDR CGNSTaucnoN - routintil R1EDITION ICAr11NSTtTUTB OF ARCHITECTS. 1755 NW VORK AVENUE, N.W., WANiINGTON,D.C. 20006 A201-1987 3 WARNMQ!UrAkwAwAd MgtoeowAMvI01NU0Us.000wtaMhw ettd Mstiblaerbg9VpWaautlen. 0 • Gmitauons of l.iabilm _ 2.3,3.2.1,3.5-1, 1.7.i, 3.128, 112.11. 3.I i.18, -4 2 6, 4.2 1 2.12- 6.2.2. 9.4 2, 9.6-1, 9.10.1. 10.11. 10.15. 11.1 2. I1 2 1. 11.1.7, 11.1 2 11.5.2 Lim itaiiu ns of 'Dime. General _ _.. _ 2 2 1, 2.2.4, 1 2.1, 3'.3, 1.8.2. i 10, 3.125, 3.15.1, -1 2 1, 4.2.7, 4 2.1 I, '1 1 1 I. i 1 4.14,4 1.6, 4 3 9 15 1.2, 5 2.1, 5.2.3, 6 2 4, 73 A, 7:r', 81. 25, 90 2, 98, 9.9, 1) 10, 11.1.3, I I I, 11.31, 11.1 5, 1 1 .3 F, 12 2 1, 122.2. 1 3-5, 13. % Limitations of Ifine, Spc,Ili, _ _ 2. 12,2.2. 1,2 4, 3, 10, 3. 1 I, 115.1. 4.2.1, 4.: 1 I, 4.3, 4.4, 4.5, 5-3, 5.4, 7.35, 7.3.9, 8.2, 9.2, 9-3-1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9,8.2, 9.10.2, 11.1 3, 1 1.3.6, 11.3.10,11.3.11,12.2.2,122.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 93.1, 9.3.1.2, 93.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ......................... 10.1, 10.2.4 Materials, Labor, Equipment and ... - . 1.1.3, 1.1.6, 3.4, 3-5.1, 3.82, 312.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 42.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 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, T 1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of .... _ .............. . ...... 1.1.1 Modifications to the Contract .......... 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Mutual Responsibility ................................ 6.2 Nonconforming Wort, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9. 3.17, 4.3, 4.4.4, 4,5, 5.2.1, 53, 5.4.1.1, 8.2.2, 9,4.1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3. 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13.5.1,13-5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.23,3-7,3.13,7-3.6.41 10.2.2 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.22 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, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3. 3.9, 4.3.7, 7,8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the...... 2.1.2, 2.2, 4.3.4, 6, 9, 10.1.4, 11 .2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1, 4.1.3, 42.9, 5.2.1, 5.2.4, 5.4.1 , 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner's Financial Capability ........... . ....... 2.2.1, 14.1.1.5 Owner's LI WIlty Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner aPJUMtoChmUp ............................ 6.3 1* • Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3, 1.3.' Owner's Right to Suspend the Work 14.1 Owner's Right to Terminate the Contract I 1 _' Ownership and Use of Architect's Drawings, Specifications and Other Documents I I 1, 1.3, 2.2.5, 5.+ Partial Occupancy or Use 9.6.6, 9.9, 11.3. I I Patching, Cutting and 3.14, 6.2.0 Patents, Royalties and 3.17 Payment, Applications for _ _ _ - -51.5, 9.2, 9.3, 9. 1, 9.5.1, 9-8.3, 9.10.1, 9-10.3, 9.10.4, 14.2 .4 Payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9,6.1, 9.6.6, 9.T 1, 9.83, 9.101, 9.103, 13-7, 14.1.1.3, 14.24 Payment, Failure of ..... . .................. 4.3.7, 9.5.1.3, 9.7, 9.101, 14.1.1.3, 14.2.1.2 Payment, Final _ _ ... _ _ 4,2 1, 4.2.9.4 3,2, 4 3.5, 9, 10, 11.1.2, 11.13, 11.3-5, 123.1 Payment Bond, Performance Bond and ........ 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress 4.3.4, 9.3, 9.6, 9.83, 9.10.3, 13.6, 14.23 PAYMENTS AND COMPLETION ..................... 9, 14 Payments to Subcontractors ........... ....... 5.4.2, 9.5.13, 9.6.2, 9.6.3, 9.6.4, 11 .3,8, 14.2.1.2 PCB........... _........... _. .. ... ... ..... 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices ....... 2-23,3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl .................... _ ....... 10.1 Product Data, Definition of ........................... 3.12.2 Product Data and Samples, Shop Drawings .... 3.11, 3.12, 4.2.7 Progress and Completion ................... 4.21, 4.3.4, 8.2 Progress Payments ................ . ........... 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 Project Representatives ............................. 4.2.10 Property Insurance ..... .......:............. 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and laws ............ 1.3.3-6,3.7,3.13,4 1.1, 4.5.5, 4.5.7, 10.2.2, 11.1, 1 1.3, 13A, , 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work ......................... 3.5.1, 4.2.6, 12.2 Releases of Waivers and Liens .......... . .............. 9.10.2 Representations ......................... 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9. 10.1 Representatives ............................ 2.1.1,3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibility for Those Performing the Work ........... 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage ............ _ . 9-3.1,9&2,9,83,99,1,9102,9103 Review of Contract Documents and Field Conditions by Contractor ...... .... l .2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ........ _ ... 3.10.1, 3.10.2, 3.11, 3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 92, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ... _ ...... _ ........... 3.12.5 Rights and Remedles ............. 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patens .... . .......................... 3.17 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT PORCONS1RUCfION • FOURTEENTH EDITION 4 A201-1987 Aue •C1"? THE AMERICAN INSTITUTEOPARCHITWM 1755 NEWYORK AVENUE,I4.W.. WASHINGTON, D.C. 20006 WAItmNr� IIMMw,wl Mn1,wVl,w,lnn WMwlh 11 R rr,nrMnlN Iw�� �,IA M qMM M 4nN,wr�,+MMn g • Rules and Notices for Arbitration ...... 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs �. t. 3.,. 2.', 10.1 Samples, Definition of _ _ _ .. _ _ 3.12. i Samples, Shop Drawings, Product Data and t 1 1 .3.12, 4.2.' Samples at the Site, Documents and 3.11 Schedule of Values 9.2,93 1 Schctlulcs, Construction _ _ _ _ _ i_10 Separate Contracts and Contractors _ _ _ 1 14. 3.14.2 121. 1 55, 6, 11 3. 12.1 2, 12.25 Shop Drawings, Definition of _ .. _ _ _ 3.12 .1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2 .7 She, Use of ................ ......... 3.13, 6. I.1 , 6.2 .1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 41.9, 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, 9.81, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing . ...... ... 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ....... ..... 1.1.6 Specifications, The ......... I 1 .1.1, 1.1.6, 1.17, 1.2.4, 1 .3, 3.11 Statutes of Limitations .................. 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3, 4.3.7, 9.7, 10.1.2, 10.3, 14.1 Stored Materials ....... I ... 6,2 1, 93 2, 10.2.1.2, 113.1.4, 12.2.4 Subcontractor, Definition of ........................... 5.1 .1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.31, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4, 9.3.12, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 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. 13 Subrogation, Waivers of ................. 6.1.1, 11.3.5,11.3.7 Substantial Completlon .............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of. . ................ 9.8.1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ........................... 4.1.3 Substitutions of Materials ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.6 Supervision and Construction Procedures ...... 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, 10, 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 ..................................... 2.2.2,3A83 0 • Suspension by the Owner for Convenience 14.3 Suspension of the U'ork4.3.'. 1 ,.1.1.4, 1 i. 3 6uspcnnioA or'I ern i Inchon of the Conn ra<'t �. i.-,5-1.1.1.1", Taxes __. _.. ... _..... 3.6,'.3.6.4 Termination by the Contractor 14.1 Termination by the Owner for Cause 5.4. I 1, 14.2 Termination of the Arehitccl __ 4 I i Termination of the Contractor ......... _ I a 2.2 TERMINATION OR SUSPENSION OF THE CONTRACT .. 14 Tests and Inspections _ _ 3.3.1, 4.2.6, 42-9, 9 4.2. 122.1, 13.5 TIME ......... .. .... 8 Time, Delays and Extensions of ............. 4.3.8, 71.1, 8.3 Time Limits, Specific - . - - .... 2.1.2, 2.2.1, 2 4, 3.10, 3"11, 3.15.1, 4.2.1, 41.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.33, 94.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 1 1.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Limits on Claims _ ..... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ............ ................ 9.31, 9.3.3 UNCOVERING AND CORRECTION OF WORK ............ 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10.1 Unit Prices. 7.1.4, 7.33.2 Use of Documents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6.1.1, 6.2.1 Values, 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 .............. 43.5,4.5-1,9-93, 9.10.3, 11.33, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens .................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 Warranty and Warranties ......................... 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3 Weather Delays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3.1, 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, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations ................... 4.2.11, 4.2.12, 4.3.7 Written Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9A 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 122A,113.3, 13.5.2, 14 Written Orders .............................. 2.3, 3.9, 4.3.7, 7,8.2.2, 11.3.9,12.1,12.2,13.5.2,14.3.1 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA* - 01907 THE AMEWCAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: UMlwmedphowooplktD rioiatae US. aopyrWd law and Is subj at to lagal ptoaawtion, =1-1967 6 0 • 0 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by 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 shalt, 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. merit, construction systems, standards and workmanship for the Work, and performance of related services 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 1 h Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have welt -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, SPECIF"TIONS AND OTHER DOCUMENTS' 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con - 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - The Project is the total construction of which the Work per- subcontractor or material or equipment supplier shall own or formed under the Contract Documents may be the whole or a claim a copyright in the Drawings, Specifications and other part and which may include construction by the Owner or by documents prepared by the Architect, and unless otherwise separate contractors. indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law, statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set, shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect, on request, upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared ules and diagrams. by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They anot to be used by the Contractor or any Subcontractor, Sub - The Specifications are that portion of the Contract Documents subcontractor or materia£ or equipment supplier on other proj- conslatlng of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT 111044ONSTRULTION • POUM8Mi1H EDITION 6 ANI -1967 AIAO'•019WTEAMSRICANDSTITUTEOPARCHITSCIS,I7SSNBIT WAtVWUB,N.W..,WASIMGTON,D.C.20006 V ARMNO: Unteemed Photaoortvina vtattx« US. opgrlatrt tfrn and M atbNotalSpN arooeouttom. e • Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sul)subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect .s copyright or other resem-ol rights. 1.4 CAPITALIZATION 1.4.1 Terms capitahzcd in these General Conditionsinclude those which are (I) specifically defined, (2) the tides of num- bered articles and identified references to Paragraphs, Subpara graphs and Clauses in the document or (3) the tides of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the 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 rights. Such information shall include a correct statement of the record legal tide to the property on which the Project is located, usually refereed 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 mere furnisbed on request prior to the execution of tie Agreement, the prospective contractor mould not he required to execute the Agreement or to commence the Work. j 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. 3.2.3 Except for permits and fees which are the responsibility of the Contractor trader the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess - 0 • merit, and dtarges required lix consmetlottrise or occup:ux'v of permanent structures or for permanent changes in existing facilities 2.2.4 Information or services tinder the Owner's control shall be furnished by the Owncr with reasonable promptness to .void delay in orderly progress of the Work 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, Gee of charge, such copies of Dr.m Ings and Project Manuals as arc reasonably nccessery for Cxeenn011 of tile Work 2.2.6 The foregoing are in addition to other duties and respon- sibilities 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 I (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 Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the pan of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such 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-day 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 rase an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and.expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the contractor's authorized representative. • GENERAL COMMONS OF THE COMRACT POI1 CONSTRUCTION • FOURTEENTH EDITION ERICANINSTITUTE OFARCWTECTE, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WWOM 06MEW owbWPAV NWWes Uhf. 00pytlahl lits aro N Road 10I%w paMaNm. A201-1987 7 Or 0 • 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract DOCLIFuClttc with each other and with information furnished by the Owner pursuant to Subparagraph 2.2 2 and shall at once report to the Architect errors, inconsistencies of omissions discovered I lie Contractor shall not be liable to the Owner or Archacd fur damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to file Architect. If the Con tractor performs any construction activity knowing it Involves a recOgnized error, inconsistency or omission in the Contact Doeumentc w-ithout such notice to the Architect, the Contrac- tor shall assunnc appropriate responsibility for such perfor- mance and shall bear an appropriate anxnunt of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractors employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract; or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. • 3.5 WARRANTY 3.5.1 '1 he Contractor v. arrmts tothe Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the qualify required or permitted, and that file Work will conlimm with the requirements of the Conlmct Doeumentc. Work not conforming to these requirc- nlent5, including substitutions not properly approved and :wthorizecl. nn:n he corimo ercd defective- The Contractor's ts-nrr rm exdudcs remedy for d:uuagc or defeqorcaused by abuse, modifications not executed by the Conrraaor, improper or insufficient maintenance, improper operation, or normal %' Car and te:u under Wrnnal usage- If required by the Architect, the Contractor shall runtish satisfircton° evidence as to the kind and qualirN of in:ncriale and cquipmcm. 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- tactor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with -applicable laws, statutes, ordinances, building codes, and roles and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, 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 perforins Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA 000(N!M A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOUR'Iffi M EDITION 8 ANI -1987 AIA9 • 01967 THE AMERICAN INSTITUTE OFARCHIT111M. 1733 NEWYORK AVENUII. N.W., WASHINGTON, D.C. 30006 WARNING: UWkenRM p1mWinpykq vinlalas U.S. OW/rk0d law WtA Is tabled b opal gwewficn, 0 • .3 CunlrActors crtas for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract sum Shull be adjusted accordingh be Change Ordcr. The anwunt of the Change Order'shall reflect (1) the difference between actual costs and the allowances under Clause 5 8 2-2 and (2) changes in Conraoor's casts under Clause i.N.2.i. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review 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 order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, 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 a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documgnts. The purpose of their sub- mittal is to demonstrate for those portions of the Work for L which Submittals arc rcyuircd the wav the Cuntntctor propows to confirm to the information gtvcn :mcl the design concept expressed in the Contract Documents. Review by the Architect IS subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar subntiIIAS required by the Contract Documents with reason- able promptness and in such sequence as rat cause no delay in the Work or in the activities of the Owner or of separate con- tractors- Submittals made by the Contractor which are not rcyuircd by the Contract Documents ntav he returned without .W11011 3.12.6 the Contractor shall perlbnn no porion of the Work requiring submitral and review of Shop Drawings, Product Data, Samples Or similar submittals until the respective submit- tal has been approved by the Architect -.Such Work shall be in ii, cordanec with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The 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 thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 . USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering sur. construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the FOR CONSTRUCT100 • FOURTEENTH EDITION YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: UeruM WobeapAV ttWsW U.B. wW6pM wdis at"sat to goo Wommlbn. M01-1987 9 to Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Ilrojco waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly famished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against 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, kis 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 itself) Including kiss of use resulting therefrom, but only to the extent caused in whole or in put by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in pan 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 m to a party or person described in this Paragraph 3.18. 3.18.2 in claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount of type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- 10 A201-1987 00 red's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE.4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified 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. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- CONSIRUC110N '.K AVENUE, N.W., V MtARNW07 tNftwreA WabmpyYp NMMes U.& oonvW f bm wW isw M to IpY Mommom. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho 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 the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue CCnlflCateS for Payment in such amounts - 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documen�s. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require 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. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 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 as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, white allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- 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. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the, Documents. cuments. 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 dunca, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contras tor- The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall he fur Wished 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 matte[; 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 Deelelon 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 deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1)whethersuch 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 has been implemented by Change Order will not be considered unlesi submitted In a timely manner. AIA 000umoiIr A201 • GENERAL OONDrr10N5 OF THE CONTRACT FOR OONSTRUC170N • FOURTEENTH EDITION AIA* • 01997 THE AMERICANINSTITUTIR OP ARCHITSM, 1735 NEO TORR AVENUE, N.W., WASHINGTON, D.C. 20D06 WARtRNO: Ur A.Wed p otoeopyNp vkftW U.s. 00pyrolild vr9 9rt9Is ag9at to 19891 PtOsoot1111m, A2014967 11 0 4.3.4 Continuing Contract Performance. Pending final res,,- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owncr except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements Of the Contract Documents; or .3 terms of special warranties required by the Contrao Documents 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 maten 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 Contractor'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- minadon, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Coat if the Contractor wishes to make Claim for an increase In the Contract Stun, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather condidons are the basis for a Claim for additional time, such Claim shall be documented by data 41 substantiating that weather conditions were abnormal for the period of tune and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction 4.3.9 Injury or Damage to Person or Properly. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such parry is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for Adch tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 9.3.7 or 4.3-8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Clave has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved 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 in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitrr+.tion may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA'OOCUMW AI01 • GENERAL CONDITIONS DF THE CSN7'aAC'r FOR CONSTRucnoN • POURTmwm mmoN 12 A201-1887 AIA* • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unllesn"d ohetocowhw VkAffIet U.B. Cowrlahl Itnq old M WNW to WWII etmeeu M. 0 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor 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 Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall he filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copv shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3-4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- 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 final and binding upon the Owner and Contractor. If the Architect renders a de4ion 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 patties 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 uses 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 pursuant to Paragraph 13.7. 4.5.5 Limka#on on Corgdidetlon or Joinder. 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 of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appN- cable law in any court having Jurisdiction thereof. E 4.5.6 Claims and Timely Assertion of Claims. A party "rho files a notice of demand Iia arbitration must assert in the demand all Claims then known Rt that party on which arbitra- tion is permitted to he demanded When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when it Claim has matured or been acquired subsequently, the arhitra«x or arbitrators map permit 'uncodnucnt- 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable la" in army coon having jurisdiction thereof. 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" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as pmc- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal 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 objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 0 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH sari N AIAO a.®1997 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A2014987 13 WARNING; UOReenrrad alatecooNna vlohrnrn U.R. cnevrlaltt hwe WW Is WAAW to hest oreNdMon. E 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 15y appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall ;']low to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 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 AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts arc 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. 14 A201.1987 eui- 0 6.1.3 1 he Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until suhsequently revised 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or opernions related to the Project with the Owners own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- 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 Coss caused by delays or by improperly tuned activities or defective construction shall be home 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 43 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 maintaining the premises and surround- ing area 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. HE OP THE CoNTRAcr POR coNsTRucTioN • PouRTIEHTH EDMDN ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WHINING: UMbarad 00000py4p WWAIn U.R. eepyrlphl Wawa EWE M K"M to IWO pmsswil tit. 0 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work map be accomplished after execu- tion of the Contract, and without invalidating [he Contract, by Change Order, Construction Change Directive or order for a minor change- in [he Work, subjcc't to the 1111n a[iuns stated in this Article , and elsewhere in the Contract Doeuntents- 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owncr and Architect and may or may nut he agreed to by the Contractor, an order for a minor change in the Work may hr issued by the Architect alonr 7.1.3 Changes in the Work shall be performed under appli cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 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: a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; - .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; is .3 cost ❑a be determined in a manner agreed upon be the parues and a nunuallp acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Constmcuon Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time, 7.3.5 A Construction Change Directive signed by [he Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor docs not respond promptly or disagrees with the method for adjusnnent in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, -an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery 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 .5 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 decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIR DOgN1ENr A201 • GENERAL CONDITIONS OF THE CONTRACT POR CONSTRUCTION • POURTUNTH EDITION AIAe. 0 1987 THE AMERICAN INSTITUTE OFARCHITECrS. 173S NEWYORK AVENUE. N.V., WASHINGTON, D.C. 20006 A201-1987 16 WARNING: UMbemed Wwbmpy4q vioblee, U& eepyHOtd bee, end M MbIW to IMM popouUon. 7.4 MINOR CHANGES IN THE WORK 7.4.1 "I he Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shal be effected by written order and shall be binding on the Owner And Corivaoor_ The Contractor shall cure out suds %muco orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 UnleSS otherwise provided, Contract "lime is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the 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 the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article I I to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 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 reasonable time as the Architect may determine-. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. 0 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 1 he Contract Sum is stated in the Agreement and, indud- ing Authorized adjustments, is the notal sunount payable by ncc Ovv°ncr to the Contractor for performance of the Work under the Contract Documents 9.2 SCHEDULE OF VALUES 9.2.1 Ilcforc the first Application for Payment, the Contractor Shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such Corm :md sup ported by such data to substantiate its accuracy as the Architect may require- This schedule, unless objected to by the Architect, sh:dl he used as a basis for reviewing the Contetctor's Apprica- nuns for PAV'mcnt. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents, 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall he made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's tide to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the AIA OOCUMENi A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • OGURTKIINTH EDITION 18 A201-1987 AIA& • 01987 THE AMERICAN INSTITUTE OPARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARMNOt Urdkenmd Wgtacoovino vh**" 118. nntwrlam Ittwtt wM M *;*"m M Moll etMtwadMn. 10 Oscner a Certificate lit Payment, with a copy to the Contra, tor, for such amount as the Architect determines is propene due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in e hole or in part as provided in Subparagraph 9.5.1- 9.4.2 l he issunncc of a Certificate for Payment will cunsululL .i representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, than the Work has progressed to the point indicated and that, to the best of the Architects knowI edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. "fhe foregoing rcprescnta- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. to results of subsequent tests and inspections, to minor de%iatiuns from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Archncct. The 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 of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum, 9.5 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 pan, 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 Certificate 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 pan of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com pleted for the unpaid balance of the Contract Sufi; .5 damage to the Owner or another contractor; .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 or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Cont act.Documents. 0 9.5.2 Whan the above reasons lit tv lhholding ccnificuion urc removed, certification will be made for Anwunts previously withheld 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certific to for Payment, the Owner shall make payment in the mamicr and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, Upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor in entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion Of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shalt have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no Nutt of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an Inspection to determine whether the Work or desig- AIRCOQUINENT ON • H,weaoicCAANINSITIERAL �ITEOPARCHr"ICOF TS,t��EWYORK V....WASHINGTON.D FOURTEENTH ®ir0DO6 A2014987 17 WARNING: UnBCOmM phoWoopykV vW611" U.S. uupynpM IWA orifi Y m*IM to bad proroottllon. 10 named portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Coin - pletion, complete or correct such item upon notification by the Architect- The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utihties, damage to the Work and insurance, and shall fix the lime 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 dare 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. 9.8.3 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- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly [Hake 0 such inslIcction and, when the Arrhnect finds the Work accept- able under the Contract Documents and the Contract fully per formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to 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 been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form 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, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described In Subparagraph 4.3.5. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 18 A201-1987 AIA* •01987 THE AMERICAN INSTITUTE OFARCHITECre, 1735 NNW YORK AVENUE, N.M.. WASHINGTON, D.C. 20006 WARNING: UnROGrAW DhotocovAnn vlolatm U8.000Ydalirl Iowa MIO M OMM 10 Iegd Ilto�sOtrllan. 0 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 hhe Contractor shall he responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract 10.1.2 In the event the Contractor encounters on the slit material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing - The Work in the affected area shall not thereafter be resumed except by wrinen agreCuleni of [he Owner and Contractor it in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and 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 caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, stnetures and utilities not designated for removal, relo- cation or replaoanent in the course of construction. 0 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by exitting conditions and performance of the Contract, reason able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating ,afetr regulations and noul'A ing owners and users of adjacent sites and utilities 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for cxccuuon of the Work, the Contractor .shall exercise utmost care and carry on such actlyiuC, under supervision of properh, 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 Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.16. 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. 10.2.7 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 compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' or workmen's compensation, . disability benefit and other similar employee bendk arts which are applicable to the Work to be Performed; AIA DOCUMENT A201 • GENBRAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH RD117GN AIAO•01997THE AMERICAN DJSTITlf17[OFARCHITECTS,1735NEW YORK AVENUE, N.W.,WASHINGTON,D.C.20006 A2014987 19 WARNING: unnit rued owwoopom vMmus U.R. oopyr101tt IRnn wo M rAilRa foto" pONprllon. 0 .2 claims Iia d:unagcs bCCansc of bodily injun, Occupa- tional sickness or disease, or death of the Contractor s employees; .3 claims for damages because of bodily injury, sickness or di.scase, or death uLmy person other than the Con- tractor's cmployccs, .4 claims for damages insured by usual 1xrsonal injury liability coverage which are sustained (1) by a person ASA result of an offense directly or indirectly related to employment of such person by the Contractor, Or (3) by another person; .5 claims for damages, other than to the Work itself beCLLLIC of injure to or destruction of tangible prop- ene, including loss Of use resulting therefunn, .6 claims for dantagcs because of bodily injury, dcAth of a person or property damage arising out of owner- ship, maintenance Or use of a motor vehicle; and .7 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 written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without -interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained 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 remain in force after fatal 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 Contactor with reasonable promptness in accordance with the Contractor's Information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by. all pdrsons and entities who are beneficiaries of such insurance, until final payment has been trade as provided in Paragraph 9. 10 or until no person or entity 0 Oilier than the Owner has an insurable interest in the property rcquircd by this Paragraph I I to be covered, whichever fs earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without dgpBcation of amvcmge, theft, vandalism, 111aIICIOU5 mischief, collapse, false - work, temporary huildings and dcbrns removal including demolition oeeasioned by enforcement of anv applicable legal requirements, and shall cover reasonable compensation for Archiico's services and expenses required as a result of such insured Ions. Coverage for other perils shall not be rcquircd unless otherwise provided in the Contract Documents. 11.3.1.2 If the Ow-ncr does nut intend ro purchase such prop erp insurance required be [he Contract and with all of [hc coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- [or is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 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 increased or voluntary deductifiles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- 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 the Work in transit., 11.3.2 Boller and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other har_uds, however caused The Owner 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 those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA OOCUTAENT AM • GENERAL CONDITIONS OP THE CONTRACT FOR CONSTRUCTION • POUNTEENTH'EDITION 20 A2014987 AUR • 01987 THE AMERICAN INSTITUTE OPARCHITECTS, 1755 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unllowwod WwtxoMuq vloletss Us. Rttpyrgld lata end M euhpst to MgM p ilea don. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.37 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this ",giver Of subrogation by endorsement or other"'isc. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy Of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, 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 bays' prior writ ten notice has been given to the Contractor 11.3.7 Walvets 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 employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such 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 dam2ged. 11.3.8 A loss insured trader Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as 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- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or In accordance with an arbitration award in which case the procedure shag be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be aafvered by appropriate alauge Order. E 11.3.10 "Ihe Owner as fiduciary shall h:rvc power to adjust :and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power, if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with duccuons Of such arbiu:uors. If distribution of insmance proceeds bN arbitration is required, the arbitrators will direct .such distribution. 11.3.11 Partial occupancc or use in a(cordam e vv ith Paragraph 9.9 shall nut commence until the insurance company or com- panies providing property insurance have conwatcd to such partial occupancy or use by cnctoraement Or otherwise The Owner and [he Contractor shall take rca amble steps to obtain consent of the insurance compuiy or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would Cruse Cancellation, lapse Or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event .the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses rade necessary thereby. 12.12 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date A2014987 21 WARRM@ UnWrA~d nMNtrmfw1 m vIcA~ 111.11. rAnvAmA Mutt mid N itubkO to Vaal otaraabn. 0 for commencement of warranties established under Sub paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of tune 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 arc not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 if the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed 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 home by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should. have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such 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 caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not, final payment WE; been trade. , U LIAII 311:111iB'. MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed hp the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor- respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall 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 mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.14.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a'waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authoriz2tion from the Owner, Instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so -the Architect may observe such procedures. AIR DOCUMENT A201 • GENERAL CONDITIONS OF THE -CONTRACT POR'OONSTRUCnoN • FOURTEENTH EDITION 22 A2014987 AIAe•©1987 THE AMERICAN INSTITUTE OFARCHn4CTS,1715NEW YORKAVIINUE. N.W., WASHGIGION, D.C. 20006 WARN81Gt rl"New~ t MrMmfnvAm vinletee U.B. eewrlahl fam arid IS Nt1-e0110I11,ee4ONNMbn. 0 'Ihe Owner shall Ixar such costs except as 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 xeurrd by the Contractor and promptly delivered to the Architect. 13.5.5 It the Architect is to observe tests, inspections or approt`als required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT 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 a6 events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- 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 final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final - Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whicheveroccurs last. 0 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons. .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a 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 percent pf the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the Owner has faded to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owners obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; 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 - ALA DOOUVIENT A201 • GENERAL. CONDITIONS OF THR CONTRACT FOR CONSTRUCTION . POURTRWM SDITION AIAO•01967THE, AMERICAN DISIITUTEOFARCHITECTS. 175SNEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A2014987 28 WARNRIOt UARoonsed ptwwoo y6q vktltlM U.S. oappW wm anti Is sublact N1ptl pmosamo 1. tify such action, may without prejudice to any other rights or remedies of die Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, fermi nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant 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 one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the 0 Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without causC, order (tie Contractor in writing to suspend, delay or interrupt the Work in whole or in pan for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including pront on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent. .1 that performance is, was or would have been so sus pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCIINQR AM • GENERAL CONDITIONS OFTHE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDMON 24 M01-1987 AIA* • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1739 NEW YORK AVENUE, N.W., WA.SHINCII'ON, D.C. 20006 WARNING: UMW *W 0oftoop0m vWet. U.S. 00PYrlllltl NSMMW UU01 M 10 NSM Pte. 8/87 0 0 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual -including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: 1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. Roller Hockey Rink H-1 .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate C. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non -owned, hired): a. 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 Roller Hockey Rink H-2 9 0 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. -- (Owner/Contracting 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 hereto affixed and duly attested by its this Attest: day of and its corporate seal to be ,20 _. Principal: Roller Hockey Rink K-1 Page 10 Prevailing Rate Schedule New York StateDepartment of Labor ----------------- 0 ------------ Case Number ----------- • __--______-__-___-- 9909143 SUFFOLK 1999A _______________________________________________________________________________ App 4th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 5th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 6th yr 43.5% + 43.5% + $ 5.43** $ 5.43** PUMP & TANK WORK 7/01/1999 6/01/2000 6/01/2002 JOURNEYMAN........ $29.22 $30.10 $31.30 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( 1 ) Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the following percent of journeymans rate. 1st 2nd 3rd 4th 5th 40% 50% 601/ 70% 85% Supplemental Benefits : per hour worked. 50 1/2% of hourly rate 4-25 ELECTRICIAN For utility distribution & transmission line construction. WAGES (per hour) 04/04/1999 10/03/1999 Lineman / Splicer ....................... $ 30.50 * 31.00* Material Man ............................ 26.54 26.97 Heavy Equip. Oper....................... 24.40 24.80 Groundman ............................... 18.30 18.60 Flagman ................................. 13.73 13.95 OVERTIME PAY: See ( B, 0 ) on OVERTIME PAGE HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. * APPRENTICES: 1000 hour periods at the following percentage of journeyman,s wage. lat. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 7031 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages -others per hour) 04/04/99 10/03/99 15 % + 15 % + $ 3.41 $ 3.79 Page 9 Prevailing Rate Schedule New York State Departme �f Labor ------------------------------ -Case Number ----------------------- _______- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE APPRENTICES: ( 1 ) year terms at the folowing percentage of Journeyman's wage. 1st 2nd 3rd 4th 35% 45% 60% 80% SUPPLEMENTAL SENEFITS:(per hour worked) Journeyman $ 17.21 Appr 1st term 8.61 Appr 2nd term 10.07 Appr 3rd term 11.14 Appr 4th term 12.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 35.25 Audio/Sound............ 34.25 35.25 OVERTIME PAY: See ( B. Q, V** ) on Overtime Page. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 4/29/2000 SWING SHIFT 4:30 P.M.to 12:30 A.M..... $ 40.19 $ 41.36 GRAVEYARD SHIFT 12:30 A.M.to 8:A.M........ 45.01 46.33 HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. let 2nd 3rd 4th 5th 6th 30% 35% 40.0/ 50% 60% 707. SUPPLEMENTAL BENEFITS: (percents based on gross wages -others per hour) 7/01/1999 4/29/2000. Journeyman 43.5% + 43.5% + $ 5.43** $ 5.43** App 1st yr 15% + 15% + $ 3.13** $ 3.33** App 2nd yr 15% + 15% + $ 3.13** $ 3.33** App 3rd yr 43.5% + 43.5% + $ 5.43** $ 5.43** Page 8 Prevailing Rate Schedule New York StateDepartment of Labor ----------------- •------------- Case Number ---------- *-__------_----__--- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 16 ) on HOLIDAY PAGE. APPRENTICES ( 1 ) year terms at the following wages. Heavy/Highway Building 1st yr $ 11.65 $ 11.65 2nd yr 16.02 16.02 3rd yr 18.93 18.93 4th yr 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 20.59 Appr 1st & 2nd terms 14.31 Appr 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/1999 Elevator Constructor ..... $ 34.415 " Modern. & service... 28.575 Apprentice: (6) month terms at the following percentage of Journeyman's wage. OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY:MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman/Apprentice: Construction $ 10.855 Modern./Service 10.705 9-1 GLAZIER WAGE$(per hour) 7/01/1999 Glazier ..............$ 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. Page 7 Prevailing Rate Schedule New York State Departme of Labor ------------------------------ _Case Number ---------------------- . 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL SENEFITS:(per hour paid) - See Below. 9-1456/D CARPENTER WAGES(per hour) 7/01/1999 Timberman .........$ 28.35 OVERTIME: See ( B, E, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER The following Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building Carpenter ............... $ 29.13 Heavy/Highway: Carpenter ............... $ 29.13 OVERTIME. PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: nage 6 Prevailing Rate Schedule New York StateDepartment of Labor -----------------0------------Case Number ---------- *----------_-------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- WAGES(per hour) 7/01/1999 Carpet/Resilient Floor Coverer ......... $ 30.30 9 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6. 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. '3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL SENEFITS:(per hour worked) - See Below. 9-2287 CARPENTER WAGES(per hour) 7/01/1999 -Piledriver ........... $ 31.55 Dockbuilder.......... 31.55 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1456 CARPENTER WAGES(per hour) 7/01/1999 Marine Construction: Marine Diver .......... $ 38.79 ° Tender.... 28.67 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. Page 5 Prevailing Rate Schedule New York State Departmr of Labor ------------- -Case Number ----------------------- _______- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- WAGES(per hour) 7/01/1999 Boilermaker ( 7 -hour day )............. $ 33.00 Boilermaker ( 8 -hour day )............. 34.95 OVERTIME PAY: See ( C, O ) on OVERTIME PAGE for 7 -hour day. See ( D, 0 ) on OVERTIME PAGE for 8 -hour day. HOLIDAYS: PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, at quadruple rate. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 60% 65% 70% 75% 80'/ 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) CARPENTER WAGES(per hour) 7/01/1999 Building $ 3.96 plus 47% of wage rate 4-5 Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16. 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. .1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 23.89 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 21.53 9-740 CARPENTER Page 4 Prevailing Rate Schedule New York StateDepartment of Labor __________________r ____________Case Number ---------- 4 -____-____________- 9909143 SUFFOLK 1999A _______________________________________________________________________________ ( 13 ) Presidential Election Day. ( 14 ) 1/2 Day on Presidential Election Day. ( 15 ) Veterans Day. ( 16 ) Day after Thanksgiving Day. ( 17 ) July 4th. ( 18 ) 1/2 Day before Christmas Day. ( 19 ) 1/2 Day before New Years Day. ( 20 ) Thanksgiving Day. ( 21 ) New Year's Day. ( 22 ) Christmas Day. ( 23 ) Day before Christmas. ( 24 ) Day before New Year's Day. ( 25 ) Presidents' Day. ( 26 ) Martin Luther King, Jr. Day. ASBESTOS WORKER WAGES(per hour) 7/01/1999 Asbestos Worker....... $ 31.61 OVERTIME: See ( C, O, T*, V ) on OVERTIME PAGE. * overtime code T applies to Labor 'Day only if worked. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See (.5, 6, 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 19.64 Apprentices Same % as wages of $ 19.64 --------------------------------------------------------------- WAGES Rem./Abatement only*.... $ 22.00 *On mmechanicial systems that are not to be scrapped. OVERTIME: Rem./Abatement: Time and One -Half after 8 hours per day and after 5 work days -per week. Journeyman Rem & Abatement $ 4.00 9-12 BOILERMAKER Page 3 Prevailing Rate Schedule New York State Departmeof Labor Case Number_______________________ -------- 9909143 SUFFOLK 1999A when a day is lost during that week due to inclement weather. ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday, and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday, and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( S1) 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 the 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. ( W ) Time and one half for benefits on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS 7J4i, Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME 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: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained to the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th, and Labor 6 ) New Year's Day, Thanksgiving Day, 7 ) Lincoln's Birthday, Washington's 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. ii ) Columbus Day. 12.) Election Day. Day. and Christmas Day. Birthday, and Veterans Day. Page 21 Prevailing Rate Schedule New York StateDepartment of Labor _________________ f ------------ Case Number ---------- 0-___-___________ 9909143 SUFFOLK 1999A _______________________________________________________________________________ -Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as 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 Workers' Compensation coverage in this state, and the coverage must be listed under item 3A of the information page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a Workers' Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional information, please contact nearest BUREAU of PUBLIC WORK District Office or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. District Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau of Public Work - Buffalo Bureau of Public Work - Hempstead Bureau of Public Work - Rochester Bureau of Public Work - Syracuse Bureau of Public Work - Utica Bureau of Public Work - White Plains Bureau of Public Work - New York City Bureau of Public Work - Central Office OVERTIME Telephone# FAX # 518-457-2744 518-485-1870 607-721-8005 607-721-8004 716-847-7159 716-847-7650 516-485-4878 516-485-0322 716-258-4505 716-258-4708 315-428-4056 315-428-4671 315-793-2314 315-793-2342 914-997-9507 914-997-9523 212-352-6088 212-352-6186 518-457-5589 518-485-1870 (7/06/99) Following is an explanation of the code(s) listed 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. ( AA) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. ( 81) Time and one half of the hourly rate for the 9th & 10th hours week days and the ist 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( C1) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( 01) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half let 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 durino that week due to inclement weather. ( E3) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time Page 1 Prevailing Rate Schedule New York State Departmf of Labor ------------------------------ ..Case Number ---------------------------- -------- 9909143 SUFFOLK 1999A ------------------------------------------------------—___------- — --------___ INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME 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: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS , Particular attention should be given to the supplemental benefit requirements. Although in 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 When 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 the new 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 Jurisdiction is required to provide a copy of the current annual determination. Should you have questions, please contact the Bureau of Public Work or visit the NYS Department of Labor's Web site at www. labor.state.nv.us for current wage rate information. WORKERS COMPENSATION In accordance with Section -142 of the State 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 Workers' Condensation Law. -Contractor to be awarded contract must provide proof of Workers' Compensation coverage prior to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Workers' Compensation coverage in this state. ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WOIsROJECTS IN NEW YORK STATE • INTRODUCTION: Below are the major provisions of the 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, flood or danger to life or property. You may apply to the Bureau of Public Work for a DISPENSATION permitting workers to work additional hours or days per week on particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate Schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12. State Office Building Campus, Albany, New York 12240. 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 or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 3. Social Security Number, 4. Occupational classification in which worked, 5. Hourly wage rate paid 6. Supplements provided 7. Daily and weekly number of hours worked in each classification B. Deductions made 9. Actual wages paid. When payroll records are requested by the Commissioner, each payroll record must be affirmed as true under the penalties of perjury which means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must, within 5 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 every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under penalty of perjury, as provided by Article 8, 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 for three years from the date of completion of the project. , POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not Individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to its work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevailing journeyman's wage rate for that classification of work. WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. 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 14-a of the banking law per annum from the date of underpayment to the date of the now payment, and may also include the Imposition of a civil penalty not to exceed 26% of the amount due. DEBARMENT: When final determinations have been made against a contractoror subcontractor in two instances within a six-year period determining that It willfully failed to pay or provide the prevailing rate of wages or supplements, or if there is one wilful violation that involves falsification of payroll records or kickback of wages, such contractor or subcontractor wi11 be ineligible to bid or be awarded a public work contra for a period of five years from the se d final determination. CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices. places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits must post in a conspicuous place notices of such coverage in a form prescribed by the Workers' Compensation Board. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post notices furnished by the State Department of Labor. PW 19 (7-99) doom: letter2b • NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (•) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination. It is the responsibility of the contracting agency or its agents to ide all prevailing rate schedules to contractors immediately upon receipt. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (4-95) docm: letterd VERIFYING THE REGISTRATION APPRENTICES Certain State and Federal Lawequire that apprentices must be Ind�ually registered as such in order to be paid apprenticeship rates on Public Work. The New York Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, State Office BuildingCampus. Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW -203 (7-99) docm: letter2e OIEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/o SOUTHOLD Schedule Type JAMES MCMAHON,EXEC. ASSIST. T/0 SOUTHOLD 53095 MAIN ROAD -TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY AGY. OF JURIS. : TOWN NAT. OF PROJECT: OTHER NEW CONSTRUCTION -EXPLAIN COMPLETE 1999A Date 12/16/99 Prevailing Rate Case No. 9909143 01 PROJECT IO X: NONE PECONIC LANE PARK ROLLER HOCKEY RINK CONST. OF ASPHALT RINK,FENCE,BOARDS a 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 prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above ❑ Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. ❑ CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) ❑Letter of Intent []Contract Signed ❑Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE (01) General Construction 02)) Heating/Ventilation ❑ T Electrical (04) Plumbing 8I) 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) 81 01) General Construction 8(02) Heating/Ventilation 04 Plumbing 05 Other Signature PW -16 11-91) ❑ (03) Electrical Date (d) The contract may be cancelled or terminated by the State or unicipal1 ty, and all moneys due or to become due th nder may be forfeited, for a secon� anysubsequent vi ion of the terms or conditions of antidiscrimination sections of the contract. (See Section 220-e(d)) (a) All contractors or their subcontractors shall provide to their subcontractors a copy of the prevailing wage rate schedule specified in the.public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 or the Labor Law. (See Section 220-e(d)) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW -3 (4-95). CONTRACT REQUIREMENTS Each public work contract .o which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may involve the employment of laborers, workers Or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by 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 extraordinary emergencies set forth in the Labor Law orwherea dispensation is granted by the Commissioner of Labor. 2. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July 1st of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive of the following ,year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascertainable from such collective bargaining agreements. (See Sections 220.3, 220.5) 3. It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) 4. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) S. No employee shall be deemed to be an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio of apprentices to journey - level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey level classification of work actually performed. The contractor or subcontractor will be required to furnish written evidence of registration of Its program and apprentices as well as of the appropriate ratios and wage and supplement rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 6. (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220-e(b)) Note: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (Section 220-e(c)) 0 0 NEW YORK STATE DEPA7'MFN- ^' -A"2T BUREAU OF PUB_:' 60RX STATE -'f"ICE EUIL7LV3 CAMPUS 4NY, NJ 12240 SCHEDULE 1999A Date 12/16/99 T/0 SOUTHOLD PRC 9909143 SUFFOLK COUNTY 01 JAMES MCMAHON,EXEC. ASSIST. Location and Type of Project T/0 SOUTHOLD PROJECT ID a: NONE 53095 MAIN ROAD -TOWN HALL PECONIC LANE PARK ROLLER P.O. BOX 1179 HOCKEY RINK CONST. OF SOUTHOLD NY 11971 ASPHALT RINK,FENCE,BOARDS PECONIC LANE,SOUTHOLD,NY In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -i6) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT WHEN 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 it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. This schedule is effective from July 1, 1999 through June 30, 2000. A new updated schedule will automatically be mailed to you each July 1 until we are notified that the project is completed or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF JURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this project, enter the necessary information and return this page to Bureau of Public Work, Bldg, 12, Rm. 130 SOBC, Albany, NY 12240. PROJECT HAS BEEN COMPLETED/CANCELED: Date Signature Title For additional information, contact our local District Offices: Albany (518) 457-2744 Binghamton (607) 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-4878 New York City (212) 352-6088 PW -200 (6-98) Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 793-2314 White Plains (914) 997-9507 0 0 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for ROLLER HOCKEY RINK at Peconic Lane PECONIC, NEW YORK 11958 Roller Hockey Rink L-1 Page 11 Prevailing Rate Schedule New York State. Department of Labor __________________------------ Case Number ----------- 0-__________________ 9909143 SUFFOLK 1999A _______________________________________________________________________________ 4-1049 line ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES (per hour) 7/01/1999 Electrician $ 27.30 OVERTIME PAY: See (.B, H, ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.98 4-25m TREE TRIMMER - Line Clearance Specialist WAGES (per hour) 7/01/1999 01/03/2000 12/30/2000 01/06/2002 $ 19.02 $ 19.50 $ 19.99 $ 20.44 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 11, 16, ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.37+ 12.5 % 12.5 % 12.5 % 12.5 y 4-1049 IRONWORKER WAGES(per hour) 7/01/1999 Prevailing Rate Schedule New York State Departmc of Labor _Case Number ______________________. 9909143 SUFFOLK 1999A Structural ........... $ 37.70 Riggers .............. 37.70 Machinery Movers..... 37.70 " " Erectors... 37.70 OVERTIME PAY: See ( B, E+, O, V ) on OVERTIME PAGE. * for 1st 8 hours, double time thereafter. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 20.55 21.15 21.15 21.75 21.75 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 22.33 Apprentices 17.88 9-40/361 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing & Metal Lathing .... ...... $ 31.45 OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at the following wage rates. 1st 2nd 3rd 4th $16.00 $18.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 17.48 Appr 1st term 10.68 2nd term 11.68 3rd term 13.68 4th term 16.68 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental .............$ 34.04 0 Page 13 Prevailing Rate Schedule New York State• apartment of Labor ------------------ Case Number ----------- *-----_------- ------ 9909143 SUFFOLK 1999A --------------------------------------------------- ------ -------------- -- - -- - - - Chain Link Fence....... 34.04 Guiderail Installation. 34.04 OVERTIME PAY: See ( A, 01, E+, 0. V ) on OVERTIME PAGE. -Double time after 7 hours on Saturday. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 18.26 Appr 1st term 16.17 Appr 2nd term 16.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr 5th term 17.48 Appr 6th term 18.00 9-580 LABORER WAGES (per hour) 7/01/1999 Building Laborer Except Abatement...... $21.28 + $1.59 add! t. (Allocation to be determined) For Abatement See Below OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Abatement Only: ................ $ 22.00 Supplemental Benefits ( per hour worked )............$ 4.00 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers, Roller Boys and Tampers. Prevailing Rate Schedule New York State Departm -:.f Labor ----------------------------- _Case Number _-________-___________ 9909143 SUFFOLK 999A _____________________________________________________________________. Group # 3: Basic Laborer, Power Tool, Trackman, Landscape, Pipelayer, Jackhammer and Concrete. WAGES (per hour) 7/01/1999 Heavy/Highway Laborer: Group # 1 ............. $ 25.67 Group # 2 ............. 25.08 Group # 3 ............. 23.12 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.C.T and other GOVERNMENTAL MANDATED off -shift work. OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.05 after 40 regular hours) 4-1298 MASON -Building WAGES(Per hour) . 7/01/1999 1/01/2000 Building: Marble/ Sawyer, Rubber & Polisher... ......... $ 29.83 29.98 Marble Restoration Finishers ............. 14.82 15.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HOLIDAY: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5, 6, 1.1, 15 ) on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 50*/ __ 55% 60% 65% 70% .80% 90% 95% SUPPLEMENTAL SENEFITS:(per hour worked) Journeyman $ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + wage percentage of $ 6.09 9-7/24 MASON - Building Page 15 Prevailing Rate Schedule New York State Department of Labor ___________________ Case Number___________ ----------- ___----- 9909143 SUFFOLK 1999A _______________________________________________________________________________ WAGES(per hour) 7/01/1999 Building: Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of Journeyman's wage. _ 1st 2nd - 3rd 4th 5TH (500 Firs) 6TH (500 Hrs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.46 APpr 8.28 9-1Brk MASON -Building Unit Paving Work* * Shall include but not limited to: fired clay brick pavers, pre -cast con- crete slabs (london walks), pressed concrete pavers, cobble stone, all types of flagging, asphalt concrete pavers- asphaltic cement sand and stone aggregate, unit safety surface. WAGES(per hour) 7/01/1999 8/01/1999 Journeyman ..............$ 23.72 addit. Apprentice ( one year term ).... 20.07 .70/hr. OVERTIME PAY: See ( B. E. Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 10.76 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 Journeyman ........... $ 26.31 OVERTIME PAY: See ( C. E2, 0 ) on OVERTIME PAGE. Prevailing Rate Schedule New York State Departm, cf Labor ------------------------------ Case Number ____________-_______-_. 9909143 SUFFOLK 1999A ______________________________________________________________________ --------- HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 1S , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.65 Appr Same percentage as wage. 9-530 MASON - Pointer/Caulker/Cleaner WAGES(per hour) 7/01/1999 Pointer, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( 8, H ) on OVERTIME PAGE HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st 2nd 3rd 4th $12.25 16.25 19.75 23.00 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 11.75 Appr 1st term 2.50 Appr 2nd term 2.75 Appr 3rd term 4.50 Appr 4th term 6.50 9-1PCC MASON WAGES(per hour) 7/01/1999 Cement Mason ......... $ 33.25 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 25 ) on HOLIDAY PAGE. Page 17 Prevailing Rate Schedule New York State .Department of Labor ___________________ ------------ Case Number___________ 0_ __________________ 9909143 SUFFOLK 1999A _______________________________________________________________________________ APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.14 9-780 MASON - Building WAGES(per hour) 7/01/1999 Building: Plasterer .............$ 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 terms at the following percentage of journeyman's wage. 1st 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.25 Appr 1st three months 0.00 All other Appr 12.25 9-202P MASON-Buildino WAGES (per hour) 7/01/1999 Building: Mosaic & Terrazzo Worker ... $ 31.38 " Helper ... $ 30.07 OVERTIME PAY: See ( A, E, Q, V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 13.85 Prevailing Rate Schedule New York State Departn ,,f Labor ----------------------------- -Case Number ---------------------- ..--- .--_- 9909143 SUFFOLK 1999A -----------------------------------------------------------------------._--.-_- 9-'7/3 MASON - Buildin WAGES(per hour) 7/01/1999 11/01/1999 Building: Tile Layer ...........$ 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the follovFing percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.32 14.82 9-7/52 MASON - Buildin WAGES(per hour) 7/01/1999 12/01/1999 Building: Tile Layer Helper & Finisher ....... $ 25.74 26.24 OVERTIME PAY: See ( A, E. 0 ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. - OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 11.08 11.23 9-7/88 IRONWORKER WAGES(per hour) 7/01/1999 Derrickman/Rigger.... $ 30.59 + $1.59 Addit. (Allocation to be determined) OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: - Prevailing Rate Schedule Page 19 New York State Department of Labor ------------- Case Number ----------- 0_ __________________ 9909143 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 3rd 4th 5th 6th % 60% 70% 80% 90% 90% SUPPLEMENTAL SENEFITS:(per hour worked) $ 22.64 9-197 MASON - Building WAGES(per hour) 7/01/1999 1/01/2000 Building: Marble Cutters & Setters .............$ 33.73 34.88 OVERTIME PAY: See ( 6, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 APpr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Buildina WAGES(per hour) 7/01/1999 1/01/2000 Marble -Riggers, Crane & Derrickman... $ 27.72 28.72 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day for Labor Day. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Prevailing Rate Schedule New York State Departm cf Labor ------------------------------ _Case Number ---------------------- -------- 9909143 SUFFOLK 1999A _____________________________________________________________________ $ 16.87 PAINTER AND DRYWALL FINISHER WAGES (per hour) 7/01/1999 Brush, Paper Hanger,Taper $ 26.05 Structural Steel......... 33.63 Spray, Scaffold,Sandblast 28.47 Repaint/Renovation....... 20.89• 16.82 9-7/20 *Additional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting, and Rolling Scaffold 20' and over. Lead Abatement at same rate as classification. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates. 1st 2nd 3rd Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17.62 21.09 Struc.Stl. 12.94 19.24 23.08 Rpt/Ren. 10.73 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 other terms 10.18 4-1486 PLUMBER WAGES (per hour) 7/01/1999 10/31/1999 Plumber.............. $ 33.65 $ 34.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentages of Journeyman's wage. Page 21 Prevailing Rate Schedule New York State Department of Labor -------- _----- .... _______Case Number ----------- 0_ ___________________ 9909143 SUFFOLK 1999A _______________________________________________________________________________ 1st 2nd 3rd 4th 5th 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (per hour worked*) Journeyman $ 15.63 $ 15.90 Appr 1st term 9.26 9.42 Appr 2nd term 10.34 11.07 Appr 3rd term 10.95 11.25 Appr 4th term 11.64 11.95 Appr 5th term 12.02 12.53 •Sunday and Holiday Benefits paid at Double Time rate PUMP & TANK WORK Journeyman .................$ 28.50 Overtime:,( B, E. 0 ) on Overtime Page Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the following percent of Journeyman,s rate. 1st 2nd 3rd 4th 40% 50% 60% 70% Supplemental Benefits ; per hour worked. Journeyman .................$ 14.71 App. 1st yr ................... 6.06 App. 2nd yr ................... 7.37 APP. 3rd yr ................... 8.83 App. 4th yr..................10.29 4-200 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter .......... $ 35.30 Sprinkler Fitter...... 35.30 For Work on Temporary Heat & Air Conditioning ....... $ 25.88 bVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE, OVERTIME: See ( 5, 6, 7. 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) Prevailing Rate Schedule New York State Oepartw of Labor --------- __------ ._Case Number---------------------- -____-_-_ 9909143 SUFFOLK 1999A ------------------------------------------------------------------------- --- Journeyman For Work on Temporary Heat & Air conditioning Apprentices STEAMFITTER WAGES(per hour) $ 17.50 + .34 per hour worked 14.49 + .34 per hour worked term percentage of 17.50 plus .34 per hour worked 9-638A 7/01/1999 Steamfitter.,....... $ 22.30 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower, OVERTIME PAY See ( E. E. Q*. S* ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 6, 9, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: ( 2, 6, 9, 15, 17 ) +* ( 10, 11, 26, Memorial Day ) APPRENTICES: ( 1 ) year terms at the following wage. 3 SUPPLEMENTAL BENEF.ITS:(per hour worked) Journeyman $ 8.06 Appr 1st term 7.00 Appr 2nd term 6.56 Appr 3rd term 6.01 7/01/1999 Appr 4th term 5.56 9-6388 ROOFER WAGES {per hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.50 OVERTIME PAY -New Roof: See ( A. E, 0 ) on OVERTIME PAGE. OVERTIME PAY-Reroof: See ( B, E. Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 13, 16 ) on HOLIDAY PAGE. Page 23 Prevailing Rate Schedule New York StateDepartment of Labor ___________________ Case Number ---------- 0-------------------- 9909143 ___--__--____9909143 SUFFOLK 1999A _______________________________________________________________________________ APPRENTICES: ( 1 ) year terms at the following percentage of journeyman,s wage. 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 17.57 Apprentices 1st 2.00 2nd 3.75 3rd 9.37 4th 13.91 4-154 SHEETMETAL WORKER WAGES (per hour) 07/01/1999 Sheetmetai Worker.... $ 31.89 For Temporary Operation or Maint.of Fans and Decking & Siding Work: --------80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, 0, V ) on OVERTIME PAGE. ( D, E2, 0, V ) for FAN MAINT.-DECKING & SIDING. HOLIDAYS: PAID: See ( 1 ). on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ) year terms at the following percent of journeyman rate 15t 2nd 3rd 4th 5th 6th 7th 8th 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.91 Appr 1st term 5.53 Appr 2nd term 6.46 Appr 3rd term 7.31 Appr 4th term 8.32 Appr 5th term 9.41 Appr 6th term 11.85 Appr 7th term 13.18 Appr 8th term 15.56 4-28 WELDER Welder... To be paid the rate of the mechanic performing the work. TEAMSTER -Building �arvP Ql Prevailing Rate Schedule New York State Departmr of Labor ------------------------------ -Case Number ---------------------- -____-_ 9909143 SUFFOLK i999A ---------------------------------------------------------------------__.__.____ Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 26.955 Drivers of three -axle tractors & trailers, $4.00 per day additional. Drivers of heavy equipment & tagalong trailers, $10.00 per day additional. Drivers of boom trucks, $8.00 per day additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 16, 25 )• on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. * must work two days in holiday week. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME...:........ $ 18.0025 OVERTIME ................. 9.40375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 Truck Driver, Chauffeur or Loader/Operator Stright Jobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B, L, S, S1,) on OVERTIME PAGE. HOLIDAYS: PAID:( -)See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. (•) Must work two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Stright time $ 12.35 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 7/01/1999 Sign Erector ......... $ 24.65 Plastic Mechanic..... 19.72 Page 25 Prevailing Rate Schedule New York StateDepartment of Labor __________________------------- Case Number ---------- 0--___--__---__---___ 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 11 OVERTIME: See ( 5, 6, 10 12, 16 ) on HOLIDAY PAGE. 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 35% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS: Journeyman $ 4.62 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 1st yr $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month Appr 2nd yr $ 2.44 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month Appr 3rd yr $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per hour worked Appr 4th yr $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked Appr 5th yr $ 3.466 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Striping Highway WAGES(per hour) 7/01/1999 Painter (Striping -Highway): Striping -Machine Operator ....... $ 21.57 " Helper., .................. 15.79 Linerman....................... 24.09 OVERTIME PAY: See ( 8, E, P. S ) on OVERTIME PAGE. Prevailing Rate Schedule New York State Oepartmr of Labor ------------------------------ _Case Number ---------------------- 9909143 SUFFOLK 1999A ______________________________________________________________________.______-_ HOLIDAYS: PAID: 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 SENEFITS:(per hour paid) 22% of wage + $0.50 9-ea/28a (230) SURVEY CREW - Building WAGES:(per hour) 7/01/1999 Survey Rates -Building: Party Chief ....... ..$ 30.01 Instrument Man...... 25.60 Rodman ............... 17.48 OVERTIME PAY: See ( A. E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 8, 11, 15,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 16, 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/01/1999 Survey Rates-Heavy/Highway: Party Chief .............$ 29.14 Instrument Man.......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B. E*, 0. V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 Page 27 Prevailing Rate Schedule New York StateDepartment of Labor ------------------------------ Case Number ---------- *__-_-_---.__---__--- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- SUPPLEMENTAL BENEFITS (per hour paid) Journeymen $ 15.15 Apprentice 8.65 9-15D-N/S CO. SURVEY CREW - Consulting Engineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. WAGES:(per hour) 7/01/1999 Survey Rates: Party Chief ......... $ 23.96 Instrument Man...... 20.66 Rodman .............. 17.88 OVERTIME PAY: See ( B, E*, 0, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. , APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.55 Apprentice 6.75 9-15dconsult CORE DRILLING WAGE (per hour) 10/16/1998 10/16/1999 Core Drilling: Driller ..............$ 22.23 addit. Helper ................ 18.72 $1.00/hr.(Allocation to be determined) Note: Hazardous Waste 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: When required to work on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, &, K*, P. R** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. Prevailing Rate Schedule New York State - Departmc Of Labor -----'----------------------- -Case Number ---------------------- -------- 9909143 ----- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- OVERTIME: + See ( 5, 6 ) on HOLIDAY PAGE. * See ( 8, 10, 11, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7.69 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 7/01/1999 8/01/1999 Well Driller: Well Driller:.......... $ 23.61 $ 23.72 Well Driller Helper:... 21.07 21.10 OVERTIME PAY: See ( B, E, G. P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year terms at the following rates; 1st.yr............... $ 11.00 $ 11.00 2nd. yr ............... 12.50 12.50 3rd. yr ............... 14.50 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman...... Apprentice...... 9-1536 $ 8.30 + $ 7.95* + *overtime $ 9.95 + 10% of rate 10% of rate 10% of rate $ 5.00 + $ 5.00 + 10% of rate 10% of rate 4-138we11 POWER EQUIPMENT OPERATOR - Building BUILDING: CLASS "A Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Crane, Derrick, Dragline, Dredge, Gradal_l,_ Grader, Hoist, Loading Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop -Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Broing Machine/Auger, Cherry Picker, Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. Page 29 Prevailing Rate Schedule New York StateDepartment of Labor ------------------ Case Number ---------- #---_-----_----_--.-_ 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac -All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-shing Machine. Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater, Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Class "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inches). Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. WAGES (per hour) 7/01/1999 Class " A ................. $ 31.16* *Add $3.00 for Hazardous Waste Work Class " B 29.48* *Add $2.00 for Hazardous Waste. Work Class " C 28.36* *Add $1.00 for Hazardous Waste Work Class " D ............. 26.11 Class " E ................ 24.99 *Cranes : Boom length over 100 foot add $ 0.50 per hour " 150 $ 0.75 " " 250 $ 1.00 " " 350 $ 1.50 " OVERTIME PAY: See ( D, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7. 8, 11, 16 ) on HOLIDAY PAGE.** **must work day before & day after, or receive 2 hours per intermittent day OVERTIME: See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.** APPRENTICE........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME JOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note OVERTIME APPRENTICE $ 8.40 4-138 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete pump, Crane, Derrick, Dragline, Dredge, Gradall, Grader, Hoist Loading Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryal l -Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer.Track Alignment Prevailing Rate Schedule New York State Departme f Labor ------------------------------ .Case Number ----------------------- _-.___- 9909143 SUFFOLK 1999A Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker, Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine and Front Loader, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), d Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac -All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind, Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater, Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Class "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inches), Root Cut`,er, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. Class F Lead Tec TV Crew. , Class G ": Wet Out Tec. Class H Technician. WAGES (per hour) 7/01/1999 Class " A .............. $ 32.06* *Add $3.00 for Hazardous Waste Work Class " B 29.82* *Add $2.00 for Hazardous Waste Work. Class " C 28.69+ *Add $1.00 for Hazardous Waste Work. Class D 26.45 Class E 25.32 Class F - 28.10 Class G 28.10 Class " H 26.98 *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 " " 250 $ 1.00 " 350 $ 1.50 " NOTE: PREMIUM RAY 20% on straight time hours for NEW.YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off -shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 16 ) on Holiday Page.** ** must work day before & day after or receive 2 hrs per intermittent day OVERTIME: See ( 5, 6, 8, 9, 10, 16 ) on Overtime Page.** Page 31 Prevailing Rate Schedule New York State Department of Labor ___________________________Case Number__________ #_ __________________ 9909143 SUFFOLK 1999A _______________________________________________________________________________ APPRENTICE........ $16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME JOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note: OVERTIME APPRENTICE 8.40 4-138 MARINE CONSTRUCTION 22.69 25.64 23.09 26.26 WAGES (per hour) 21.10 22.83 21.47 23.12 Class C: 7/01/1999 10/01/1999 Hydraulic Dredge: Tug Captain.......... 22.69 23.09 Class A: Tug Engineer......... 21.10 21.63 Leverman............. $ 25.18. 21.49 $ 25.78 21.74 Engineer, Derrick Op. 22.34 16.80 22.61 16.96 Chief Mate on Dredge. 22.01 ,22.28 Class C: 17.23 17.39 Maint. Eng........... 21.83 16.80 _________________________ 22.07 16.96 Mate ................. 20.35 F, R ) 20.57 OVERTIME PAGE. Boat Captain......... 20.50 20.72 Class D: ( 5, 6, 8, 10, 15 )on HOLIDAY PAGE. Deckhand............. 16.58 6, 8, 10, 16.74 Fireman, Oiler....... 17.23 17.39 Shoreman............. 16.58 _________________________ 16.74 Tug Boats Class A: Tug Master........... 22.69 25.64 23.09 26.26 Tug Chief Engineer... 21.10 22.83 21.47 23.12 Class C: Tug Captain.......... 22.69 23.09 Mate ................. Tug Engineer......... 21.10 21.63 Boat Master, Class D: 21.49 21.74 Boat Captain......... Tug Deckhand......... 16.80 16.96 Class D: Dipper and Clamshell Dredges Class A: Operator ............. 25.64 26.26 Engineer ............. 22.83 23.12 Class C: Maint. Engineer....... 21.83 22.07 Mate ................. 20.35 20.57 Boat Master, Welder.. 21.49 21.74 Boat Captain......... 20.50 20.72 Class D: 61ler................ 17.23 17.39 Deckhand... :......... 16.80 _________________________ 16.96 OVERTIME PAY: See( B. F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC. DIPPER. CLAMSHELL DREDGES and TUG BOATS. Prevailing Rate Schedule New York State Departme of Labor ------------------------------ .Case Number ----------------------- __-_--_- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B All Class C All Class D $ 4.81 ( OVERTIME $ 0.80 EXTRA ) plus Time and one half 8% of A &'B add ................ $ 1.06 wage $ 1.21 C add .................... $ 4.51 ( OVERTIME $ 0.65 EXTRA ) plus 0.58 0.63 8% of Double Time wage A & B add ................ $ 2.12 $ 4.21 ( OVERTIME $ 0.50 EXTRA ) plus 1.83 8% of 1.15 1.25 wage 4-25a MARINE CONSTRUCTION WAGES (per hour) 7/01/1999 10/01/1999 Drill Boat: Class A: Engineer.......... $ 23.24 $ 23.54 Blaster........... 23.51 23.81 Driller........... 23.25 23.55 Boat Capt......... 19.34 19.53 Class C: Welder/Machinist.. 23.03 23.30 Class D: Oiler/Helper...... 20.25 20.46 Deckhand.......... 15.83 15.97 Core Driller...... 18.38 18.56 Helper............ 16.41 16.56 OVERTIME PAY: See ( B, P, R, ) on Overtime Page. HOLIDAY: PAID: See ( 5, 6, 8, 10. 15 ) on Holiday Page. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 4.08 plus $ 4.38 plus 8% of wage 8% of wage Class C $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage Class D $ 3.11 plus $ 3.21 plus 8% of wage 8% of wage Overtime Benefits Time and one half A &'B add ................ $ 1.06 $ 1.21 C add .................... 0.82 0.92 D add .................... 0.58 0.63 Double Time A & B add ................ $ 2.12 $ 2.42 C add .................... 1.63 1.83 0 add .................... 1.15 1.25 4-25/3 STATE OF NEW YORK BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR . 1 • STATE OFFICE BUILDING CAMPUS i ALBANY, NY 12240 n 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 SUBMITTED BY: ❑ CONTRACTING AGENCY ❑ PUBLIC WORK DISTRICT OFFICE DATE (CHECKONE) ❑ 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 ❑07 City ❑ 01 DOT ❑ 08 Local School District ❑ 02 OGS ❑ 09 Special Local District, i.e., ❑ 03 DORMITORY AUTHORITY Fire, Sewer, Water District 00 STATE UNIVERSITY ❑ 10 Village CONSTRUCTION FUND ❑ 11 Town ❑OS MENTAL HYGIENE ❑12 County FACILITIES CORP. ❑ 13 Other Non-N.Y. State ❑06OTHER 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 PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY TELEPHONE: ( ) THIS PROJECT 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 Site Route No/Street Address Village or City Town County 7. Nature of Project -Check One 8. OCCUPATION FOR PROJECT ❑ 1. New Building ❑ Construction (Building, Heavy ❑ Guards, Watchmen ❑ 2. Addition to Existing Structure Highway/Sewer/Water) ❑ Janitors, porters, cleaners ❑ 3. Heavy and Highway Construction (New and Repair) ❑ Tunnelling ❑ Moving furniture and ❑ 4. New Sewer Or Waterline ❑ Residential equipment ❑ S. Other New Construction (Explain) ❑ Landscape Maintenance ❑ Trash and refuse removal ❑ 6. Other Reconstruction, Maintenance, Repair or Alteration ❑ Elevator maintenance ❑ Window cleaners ❑ 7. Demolition ❑ Exterminators, Fumigators ❑ Other (Describe) ❑ S. Building Service Contract 9. Name and Title of Requester Signature OFFICE USE ONLY SEE OTHER SIDE FOR LAWS RELATING TO PUBUC WORK CONTRACTS ).941 STATE OF NEW YORK REQUIREMENTS OF ARTICLE S (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law regmires 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 pro'ect. This sch�manon dule maybe obtained by completing and forwarding the Request for Wage duple en fothe revrseside hereof. The prevailing rate schedue MUSTbe included the s ecifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST 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, citq, 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 220-b and 235.2 of the Labor 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, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayi(hent 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. • 0 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12 -ROOM 130 ALBANY, NEW YORK 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: ttttttttttN Rtgtttti♦ttttttt♦NttgittttRtttgtitMtttt♦ttttM Ntt tt•ttttq HRtitiitt 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. The 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 tt#f#i#t##ti#if#iii###t!#iifft#lftti###tit#itiiitttiiiif###ft##!#t#illi# 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 S T A T E O F N E W Y 0 R K THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 3-a of section 220 of the labor 2 law, as amended by chapter 565 of the laws of 1997, is amended to read 3 as follows: 4 a. It shall be the duty of the department of jurisdiction as defined 5 in this section to ascertain from the plans and specifications the clas- 6 sification of workmen, mechanics and laborers to be employed on such 7 project. Such department shall file with the fiscal officer, as defined 8 in this section, the classification of workmen, mechanics and laborers 9 to be employed upon such public works project, together with a statement 10 of the work to be performed by each such classification. From such 11 statement it shall be the duty of the fiscal officer to make a proper 12 classification of such workmen, mechanics and laborers taking into 13 account whether the work is heavy and highway, building, sewer and 14 water, tunnel work or residential and to make a determination of the 15 schedules of wages and supplements to be paid or provided, as the case 16 may be, therefor. The contractor and every sub -contractor on public 17 works contracts shall post in a prominent and accessible place on the 18 site {of the work` WHERE THE WORK IS PERFORMED a legible statement of 19 all wage rates and supplements as specified in the contract to be paid 20 or provided, as the case may be, for the various classes of mechanics, 21 workingmen, or laborers employed on the work. SUCH POSTED STATEMENT 22 SHALL BE WRITTEN IN PLAIN ENGLISH AND TITLED, IN LETTERING NO SMALLER 23 THAN TWO INCHES IN HEIGHT AND TWO INCHES IN WIDTH, WITH THE PHRASE 24 'PREVAILING RATE OF WAGES". SUCH POSTED STATEMENT SHALL BE CONSTRUCTED EXPLANATION --Matter in ITALICS (underscored) is new; matter in bracket$ { { is old law to be omitted. LBD04199-01-9 Page 2 1 OF MATERIALS CAPABLE OF WITHSTANDING ADVERSE WEATHER CONDITIONS. The 2 contractor and every sub -contractor shall keep original payrolls or 3 transcripts thereof, subscribed and affirmed by him as true under the 4 penalties of perjury, showing the hours and days worked by each workman, 5 laborer or mechanic, the occupation at which he worked, the hourly wage 6 rate paid and the supplements paid or provided, on the site of the work 7 where the contractor or sub -contractor maintains no regular place of a business in New York state and where the amount of the contract is in 9 excess of twenty-five thousand dollars. All other contractors or sub - 10 contractors shall produce within five days on the site of the work and 11 upon formal order of the commissioner or his designated representative 12 such original payrolls or transcripts thereof, subscribed and affirmed 13 by him as true under the penalties of perjury, as may be deemd neces- 14 sary to adequately enforce the provisions of this article. Every 15 contractor, and sub -contractor, shall submit to the department of juris- 16 diction within thirty days after issuance of its first payroll, and 17 every thirty days thereafter, a transcript of the original payroll 18 record, as provided by this article, subscribed and affirmed as true 19 under the penalties of perjury. The department of jurisdiction shall be 20 required to receive and maintain such payroll records. The original 21 payrolls or transcripts shall be preserved for three years from the date 22 of completion of the work on the awarded contract. The department of 23 jurisdiction as herein referred to shall be the department of the state, 24 board or officer in the state, or municipal corporation or commission or 25 board appointed pursuant to law, whose duty it is to prepare or direct 26 the preparation of the plans and specifications for a public work 27 project. Zvi 11 if Zf 9 n�z no -0 oFill oo�oo Z Z z 1112 �Is S .S z hool oa000 f it IOU ikiui n 2 Z Z U U 'ggW 8x W N Li � s I � s g m �Is S .S z hool oa000 f it IOU ikiui n 2 Z Z U U 'ggW 8x W N Li I 11 ml sl b r a I II �i e' ui i � W Z - rc �I� gang $�yI'9 D D ����C)C� a����a��I��� �JL J U U U U J J J J J J p } } } } 0 O O O } O } O. O 0 Z Z Z Z 0 Q Z Z o a�oDoo�aa000�0��7Eo 0 g � v A LL Wco N_ R Ilo:�V llli�li11illi13ti���lo��lslA E I--,' 11 if re b L 6 zooCHa—O ��ozzzoid a0000aaa000� goo a a��� 0 0� a ooaaa000 o N o N a��� i z= z z z ooa000 z= a z z rEE iz I i If if 2! 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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. C. 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. d. 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. Roller Hockey Rink as 0 0 e. 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 provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as 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). Roller Hockey Rink M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. 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. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 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 of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parting lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Roller Hockey Rink N-1 0 0 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.S.C. 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 furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (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 otherwise provided by law. Roller Hockey Rink N-2 0 0 (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." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Resorts and Other Required 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 -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Sub -part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, subcontract, 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 (1), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub -part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Roller Hockey Rink N-3 U Ll 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) 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 are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Roller Hockey Rink N-4 0 0 (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 PROCUREMENT STANDARDS A. All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti -Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. 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 compliancewith 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 $ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro 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. Roller Hockey Rink N-5 �J 0 C. 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 prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. D. 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. E. 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. F. 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. G. 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. H. 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 subgrantees and to assure that suspected or reported violations are promptly investigated. Roller Hockey Rink 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. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration 'of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Roller Hockey Rink N-7 0 0 (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. 6. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment, that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Roller Hockey Rink N-8 0 0 SPECIFICATIONS: CONSTRUCTION OF A ROLLER HOCKEY RINK FACILITY Peconic Lane Park Peconic Lane Peconic, New York 11958 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: A. 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. B. The work in this project includes the construction of a roller hockey rink as detailed in the plans and specifications contained herein. C. 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. C. This contract includes all site work necessary for the completion of work, including but not limited to the final grading of drainage areas immediately adjacent to the perimeter of the rink, including topsoil & seeding. D. The contractor shall be responsible for the installation of a four (4") inch diameter PVC conduit @ 24" below grade that shall run from the scorers table located at center line and shall extend in both directions. The conduit shall be capped off two feet beyond the extent of proposed asphalt pavement and the cap locations shall be recorded for future electrical installations. E. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS A. The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Roller Hockey Rink 1010-1 0 0 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 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. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Roller Hockey Rink: 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that R is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Roller Hockey Rink: 0 0 1.05 SUBSTITUTIONS The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Roller Hockey Rink: 1600-2 DIVISION TWO - SITEWORK 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 contract 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 in the Parking Lot in an approved location designated by the Town. This material shall be removed by Town Highway Personnel at no cost to the Contractor. Roller Hockey Rink: 2100-1 0 0 B. All construction debris generated at the site shall be removed by the contractor. Burning of material on the site will not be permitted. C. 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. D. 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 Roller Hockey Rink: 2100-2 0 0 Section 2200 - EARTHWORK I1 I lIl 0.1111 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the Roller Rink limit 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. 3. Excavation and Backfilling of trenches. Limit of work under this contract shall include the entire site. B. 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. Roller Hockey Rink: 2200-1 0 0 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 dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. C. In excavating for footings, take care not to disturb bottom of excavation. Excavate by hand to final grade just before form -work and concrete reinforcement is placed. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. 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. C. Paved Areas: Compact top 12" of sub -grade and each layer of backfill or fill material at 95% maximum dry density. 3.03 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 rink. 3.04 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. Roller Hockey Rink: 2200-2 0 0 B. All rough grading along the North side of the rink to establish the proposed drainage swale shall be the responsibility of the Contractor. This swale shall extend for the entire length of the Rink (200'./-) and be approximately thirty (30') feet wide with one on six (1:6) side slopes converging in the center. 3.05 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 Roller Hockey Rink: 2200-3 0 0 Section 2500 - PAVING & SURFACING Part1 - GENERAL 1.01 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 1.02 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. B. Requirements of Regulatory Agencies: Comply with all applicable requirements of the Town of Southold Highway Specifications. 1.03 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. Part2 - PRODUCTS 2.01 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. 2.02 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. 2.03 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. Roller Hockey Rink: 2500-1 B. The Asphalt Binder Course: shall be two and one-half (2'/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 (2250) to two hundred seventy-five degrees Fahrenheit (275° F.). C. The Asphalt Wearing Course: The wearing course shall be one and one-half (1 ''/z) 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 (percent Sizes passage) passage) 1 inch 100 0 Yz 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. Roller Hockey Rink: 2500-2 B. 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 vibratory 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. C. 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. 2. 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. Roller Hockey Rink: 2500-3 0 0 D. Asphalt Base Course: 1. The binder course shall be placed on the stabilized base course when it has been satisfactorily completed and approved by the Engineer or Inspector. The material shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen -foot width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten -ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by one-half ('/:) of the roller wheels. A minimum of four (4) passes of rollers will be required. 2. The temperature of the material, when placed, shall not be less than two hundred twenty-five degrees Fahrenheit (225° F.). No material shall be placed when the air and surface on which the material is to be placed is below forty degrees Fahrenheit (40° F.). E. Asphalt Wearing Course: 1. The wearing course shall be placed on the binder course when it has been satisfactorily completed and approved by the Engineer. The material shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen -foot width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten -ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by one-half ('/z) of the roller wheels. A minimum of four (4) passes of rollers will be required. 2. The temperature of the material, when placed, shall not be less than two hundred twenty-five degrees Fahrenheit (225° F.). No material shall be placed when the air and surface on which the material is to be placed is below forty degrees Fahrenheit (40° F.). Roller Hockey Rink: 2500-4 0 0 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 proposed drainage swale area immediately adjacent to the proposed hockey rink 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. Commercial fertilizer shall have the following composition by weight: nitrogen, ten (10%) percent, phosphoric acid (P205), twenty (20%) percent, 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 specked 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 Roller Hockey Rink: 2800-1 9 0 Part 3 - EXECUTION 3.01 GRADING OF DRAINAGE SWALE: A. The Contractor shall construct a drainage swale immediately adjacent to the North side of the Hockey Rink. This swale shall extend for the entire length of the Rink (200'+/-) and be approximately thirty (30') feet wide with one on six (1:6) side slopes converging in the center. 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 pre -emergent weed control shall be applied to the area 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 Roller Hockey Rink: 2800-2 0 DIVISION THREE - CONCRETE 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 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. Provide all galvanized steel Anchor Bolts & steel reinforcing bars as required by the work and as indicated on the drawings. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACI 318 'Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air -Entraining Admixture: ANSI/ASTM 260. D. Concrete mixes shall have minimum design strength of 3,000 PSI @ 28 days. Roller Hockey Rink: 3000-1 41 0 2.03 STEEL REINFORCEMENT MATERIAL: A. Reinforcement shall be # 4 Bars - Grade 40 deformed type reinforcement. 2.04 CONSTRUCTION JOINT MATERIAL: A. Construction joints shall have Y2" pre -molded joint filler - full surface. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form -work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form -work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form -work to be readily removable without impact, shock or damage. 3.02 PLACING REINFORCEMENT: A. Comply with concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars", for details and methods of reinforcement placement and supports. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. C. Accurately position, support and secure reinforcement against displacement by form work, construction, or concrete placement operations. D. Place reinforcement to obtain at lease minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in place during concrete placement operations. Set wire ties so ends are directed into concrete. 3.03 CONSTRUCTION JOINTS: A. Locate and install construction joints, which are not shown on the drawings, so as not to impair strength and appearance of the structure. B. Place joints @ a minimum of 50'-0" on center and perpendicular to the main reinforcement. All reinforcement bars shall run continuous across and through construction joints. END OF SECTION Roller Hockey Rink: 3000-2 0 DIVISION FIVE - METAL 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 5500 - FENCING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all fencing work with gates and locking hardware as shown or indicated on the Plans and in these specifications. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. Southold Town Code "Highway Specifications". B. Qualification of Field Welding: Qualify welding processes and welding operations in accordance with AWS "Standard Qualification Procedure". C. Performance requirements: Impact Loading - All fence posts & rails shall have heavy duty connections capable of withstanding an impact or lateral load of 200 pounds applied midway between posts and at the center of all horizontal members. All chain link fabric shall be capable of withstanding a concentrated lateral load of 100 pounds applied anywhere between supports on an area 12 inches square. Part 2 -PRODUCTS 2.01 MATERIALS: A. Fence Posts - Three (3) inch diameter Schedule 40 Galvanized Pipe. Typical (Provide 4 each - 4 inch diameter Schedule 40 Galvanized Pipe as noted.) B. Concrete Footings - 3,000 PSI Concrete C. Top, Bottom & Intermediate Rails - Two (2) inch diameter Schedule 40 Galvanized Pipe. Typical D. Fence Gate - Two (2) inch diameter Schedule 40 Galvanized Pipe. Typical E. Vinyl Clad Chain Link Fabric - Six (6) gage aluminum with Two (2) inch mesh. Black Vinyl coating. Roller Hockey Rink: 5500-1 F. Aluminum Ties - Six (6) gage aluminum. G. Galvanizing - ASTM A 525, G 60. H. Galvanizing Repair Paint - high zinc -dust content paint for repair of damaged galvanized surfaces complying with Military Specifications MIL -P-21035 (Ships). Part 3 - EXECUTION A. The contractor shall study the plans and specifications contained herein in order to ensure completeness of all work. B. The contractor shall coordinate and schedule the work with other trades. Anchors, sockets, fastenings, or other miscellaneous items to be embedded in concrete or asphalt, or required for securing metal work to other construction shall be furnished as required so as not to delay progress of the work. C. All gates shall be constructed with lock -able latch mechanisms suitable for the proposed construction. 3.02 INSTALLATION: A. Install all items to the configuration called for on the drawings or specified herein. Completed items, including welds, shall be smooth, clean, straight, true and free of blemishes. B. Install all items plumb, level, true and properly aligned. Provide anchor straps at each vertical fence post and fasten to the dasherboard frame with non- corrosive fasteners of type and materials appropriate for the installation. C. Contractor shall be responsible for cutting and removing a minimum 12" diameter hole in the Asphalt Surface for the installation of fence post footings. All such work shall be clean and uniform in nature and may require painting depending on the appearance as provided in the final installation. D. Chain Link Fabric shall have aluminum ties at 12" on center minimum for each vertical and horizontal member of the fence system. E. All fence gates shall be constructed of two (2") inch Schedule 40 Galvanized stock with diagonal bracing constructed of type and materials appropriate for the installation. The ten (10') foot wide access gate shall have diagonal cross bracing. END OF SECTION Roller Hockey Rink: 5500-2 U DIVISION SIX - WOOD & PLASTIC E 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 6100 - ROUGH CARPENTRY - DASHERBOARD (FRAMING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all Structural, Non-structural, and miscellaneous wood framing, including, but not limited to the following: 1. Wood Studs. CCA Pressure Treated 2. All miscellaneous framing, wood plates, blocking, back-up, etc. CCA Pressure Treated 3. All fasteners, screws, nails and rough hardware. B. Related work specified elsewhere: 1. Dasherboard Facing - 9650 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks & shall be CCA Pressure Treated. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, Class, identification index, and inspection agency mark. Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). Roller Hockey Rink: 6100-1 0 0 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. All wood materials shall be CCA Pressure Treated Lumber. 3. Blocking, furring, grounds and nailers shall be grade #2, Southern Yellow Pine. No grade #3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Pressure Treated Lumber. B. Plywood: 1. Sheathing shall be CCA Pressure Treated 3/4" & 3/8" thickness as Indicated on the plans. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, backup, etc., as shown on the drawings, called for in the specifications or as necessary for the proper installation of any item, fixture, or trim that shall be constructed as appropriate for intended use. C. Wall Sheathing: .- - 1 . Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints & increase spacing during damp weather. 2. Screw all plywood panels as per APA recommendations to develop full rated panel strength. All screws to be countersunk at all exposed surface locations. 3.03 DRAINAGE SCUPPERS - DASHERBOARD SYSTEM A. Provide 1-1/2" high x 8" wide drainage scupper openings in the bottom plate of the dasherboard wall at 8'-0" on center. B. Scupper openings shall be uniform in size and shall be located along the straight section of the northern most wall extending from the access gate to the beginning of the radius wall section. Openings shall extend through the dasherboard finishing system. END OF SECTION Roller Hockey Rink: 6100-2 0 DIVISION NINE - FINISHES 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 9650 - DASHERBOARD FACING Part 1 -GENERAL 1.01 DESCRIPTION: A. The Contractor shall furnish and install one complete set of Dasherboards as indicated on the drawings and specified herein. The Contractor shall be responsible for all necessary labor, materials, equipment and services to provide a complete, fully functioning dasherboard system. Any and all necessary items that have not been specifically detailed or specified for the completion of this project shall be the responsibility of the Contractor. B. Related Work Specified Elsewhere: 1. Rough Carpentry - Dasherboard Framing - 6100 1.02 SUBMITTALS: A. Samples of all dasherboard facing materials shall be submitted to the owner prior to fabrication of any item, for approval of quality and color. 1.03 QUALITY ASSURANCE: A. All materials shall be as indicated on the plans and specifications and shall be constructed, manufactured and installed as per plans and specifications. All equipment and material supplied under these specifications shall be new and of the highest grade material and construction. B. Approved Manufacturer: Rink Systems, Inc - 1103 Hershey Street, Albert Lea, Minnesota 56007. 1-800-944-7930 Alternate manufacturers may be submitted for the Architects review. Part 2 -PRODUCTS 2.01 MATERIALS & EQUIPMENT A. Dasherboard Facing: TM 1. Dasherboard cladding shall be Rinkmaster Outboard FRP facing or approved equal. 2. The facing shall be constructed of Y:" Exterior Grade Plywood with .090 Fiberglass Reinforced Plastic (FRP) laminated to the play side. Roller Hockey Rink 9650-1 3. Ashall be factory laminated, color Ate, texture smooth. The top edge shall have an all-weather Polyaspartic Aliphatic Polyurea (PAP) spray -on coating. 4. On panels that require red or dark blue lines, the facing shall be removed by the widths specified so that a Y2" thick red or dark blue panes of high molecular weight polyethylene can be inserted. Lines shall extend from the kickplate to the caprail. 5. The 1/2" polyethylene and RFP Laminates shall be attached to the dasherboard surface one (1") inch Phillips flat head type, 14 gage wood screws. Spacing of fasteners shall not exceed 12" on center and installed in a uniform pattern throughout. All exposed fastener heads shall be countersunk and painted to match facing color. 6. All panel edges exposed or butted to each other shall be painted with two (2) coats of white porch and deck alkyd enamel paint with mildewcide additive. B. Dasherboard Gates: 1. Access gate shall be eight (8'-0") feet wide as indicated on the drawings. Provide diagonal bracing as re't)uired to prevent sagging. (Swing as indicated*on the drawing) Threshold for Access Gate shall be one & one half (1- Ys') inch above floor level. 2. Players gates shall be eight (3'-0") feet wide as indicated on the drawings. Provide diagonal bracing as required to prevent sagging. (Swing as indicated on the drawing) 3. The single bar gate latch mechanism for player gates shall be as designed on the drawings and shall be adjusted such that it can be closed and latched tight in a single movement. All latches shall be constructed of solid welded steel construction. 4. The sliding bar type gate latch for the Access Gate shall be constructed of 2" x 2" x .12" square tubing for structural rigidity; with a large grasp handle. Slide bars fabricated from round tube shall be unacceptable. (Provide top & bottom latches at Access Gate.) Gate shall lock into the Steel Threshold with 3/4" x 12" long cane. bolts. 5. All single swing access and player gates shall have doorstops anchored to the dasherboard frame. C. Caprail: 1. The caprail shall be constructed of 3/4" thick high density polyethylene. Color shall be Dark Blue. The caprail must have a textured or mat finish. A smooth finish shall be unacceptable. 2: The caprail shall be attached to the top plate with 1" Phillips flat head type, 14 gage wood screws. Spacing of fasteners shall not exceed 24" on center. All exposed fastener heads shall be countersunk and painted to match caprail color. 3. The caprail shall have radiused edges on the front and back edges. Roller Hockey Rink 9650-2 D. Kickplat• • 1. Kickplate shall be constructed of 1/4" thick x 8" high, high density polyethylene and shall surround the entire rink. 2. Color shall be Yellow. 3. The top edge of the kickplate shall be beveled. 4. The kickplate shall be attached to the dasher panel with 1" Phillips flat head type, 14 gage wood screws. Spacing of fasteners shall not exceed 24" on center. All exposed fastener heads shall be countersunk and painted to match caprail color. 5. Red center line and blue lines shall be flush or integral with the kickplate. E. Goal Frames & Netting: 1. Goal frames shall be model # 109 - 0121 "roller hockey package with rubber pegs" as manufactured by Rink Systems, Inc. 2. Hockey nets shall be 2" diamond mesh and treated with a vinyl coating for strength and shall be of one piece construction. 3. Goal frame padding shall be installed on all interior frame members As manufactured by Rink Systems, Inc. Part 3 - EXECUTION 3.01 Installation: A. The Contractor shall provide, construct, fabricate and deliver all materials to the job site as needed to construct the dasherboard system as detailed on the plans and specified herein. All materials shall be installed in a workmanlike manner with all boards and shielding to be straight and true in line and properly braced. B. Installation of all pre -finished materials and manufactured products shall be in strict conformance with all manufactures guidelines, requirements and instructions. 3.02 Cleaning: A. Clean all surfaces removing all evidence of dirt, packaging materials and protective wrappings. B. Replace all damaged materials including scratched or gouged FRP facing materials. ENO OF SECTION Roller Hockey Rink 9650-3 0 0 Section 9750 - PLEXIFLOR IN-LINE SKATING SURFACING SYSTEM Part 1 - GENERAL 1.01 DESCRIPTION: A. The Contractor shall be responsible for the application of the Plexiflor Color Finish System over the prepared Asphalt Surface intended for use as a roller Hockey Arena. The materials specified in the site plans shall be of colors indicated and for application over the Plexipave Acrylic Latex System. B. Related Work Specified Elsewhere: 1. Dasherboard Facing - 9650 1.02 QUALITY ASSURANCE: A. All work shall consist of suitable cleaning and preparation of the asphalt surface to assure a satisfactory bond of the system to the existing surface. B. The application of the Acrylic Latex Color Surface System shall be installed as per all manufacturers specifications. C. All coverage rates contained herein are calculated prior to dilution. Part 2 - PRODUCTS 2.01 MATERIALS: A. All materials shall be Plexiflor in-line Skating Surfacing System or approved equal. 1. One Coat Acrylic Resurfacer 2. 2 Coats of Fortified Plexipave 3. 2 Coats of Plexiflor 4. Plexicolor Line Paint Part 3 - EXECUTION 3.01 SURFACE PREPARATIONS: A. The new Asphalt surface shall be prepared to meet minimum requirements of surfacing manufacturer's specifications prior to application of surfacing system. The surface must be checked for birdbaths, cracks, and other irregularities and repaired with Court Patch Binder according to Manufacturer's Specifications. B. Court Patch Binder Mix shall be as follows: 100 lbs. #80-100 Mesh Silica Sand (dry) 3 gallons Court Patch Binder 1 to 2 gallons Portland Cement Roller Hockey Rink 9750-1 0 0 3.02 APPLICATION OF ACRYLIC FILLER COAT: A. Application of the Acrylic Resurfacer Mix shall be applied to the clean, dry, level surfaces to receive the Plexiflor Surfacing System. The mix shall be applied according to manufacturers specifications using the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20-40 gallons Sand (60-80 Mesh) 600-900 pounds Liquid Yield 112-138 gallons B. Apply the Acrylic Resurfacer Mix in two coats at a rate of .05-.07 gallons per square yard per coat. 3.03 APPLICATION OF FORTIFIED PLEXIPAVE: A. After the filler coat application has dried, apply two coats of Fortified Plexipave at an undiluted rate of .05-.07 gallons per square yard per coat using the following mix: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons 3.04 PLEXIFLOR APPLICATION: A. Plexiflor is factory premixed and ready to use from the container. The material may be diluted with one (1) part water to six (6) parts Plexiflor to flowability and provide uniform application. B. Coverage shall not be less than .04 gallons per s.y. per coat. Total application not less than .10 gallons per s.y. A 50 durometer M.F.G. adjustable squeegee shall be used. If total application rate cannot be met in two coats, a third coat will be necessary to meet specification. C. Plexiflor is applied in windrows (in a similar manner to Plexipave) on the surface with sufficient quantity to cover as the squeegee is pulled over the surface. Apply only light pressure to the squeegee. Do not allow ridges to form between passes of the squeegee. Ridges existing after material dries shall require corrective action. D. Plexiflor and its preliminary coatings should be allowed to thoroughly dry prior to application of subsequent coats. 3.05 PLAYING LINES: A. Four hours minimum after completion of the color resurfacing, playing lines shall be accurately located and marked. All markings shall be inspected by the Town prior to application of paint. Approved layout shall be painted with Plexicolor Line Paint as specified by the National In -Line Hockey Association. Roller Hockey Rink 9750-2 0 0 3.06 GENERAL SPECIFICATIONS & LIMITATIONS: A. The contractor shall remove all containers, surplus materials and debris upon completion of work leaving the site in a clean, orderly condition that is acceptable to the owner. Gates shall be secured and all containers shall be disposed of in accordance with Local, State & Federal Regulations. B. Materials specified for the Plexiflor System shall be delivered to the site in sealed, property labeled drums with manufacturers labels that are stenciled with the proper batch code numbers. Products packaged or labeled in any other manner will not be accepted. Mixing with clear, fresh water shall only be done at the job site. Coverage rates are based upon material prior to mixing with water as specified. C. Limitations for placement of materials are as follows: Do not apply if surface temperature is < 50 degrees F or > 140 degrees F. Do not apply when rain or high humidity is imminent. Do not apply when surface is damp or has standing water. Plexiflor will not hide surface imperfections of previous coatings. Keep from freezing. Do not store in the hot sun. Keep containers tightly closed when not in use. Coefficient of friction = 0.78 Keep Court clean and free of debris at all times during placement of finish system. ' Coating Application Drying Time: 30 minutes to 1 hour at 70 degrees F - 60% relative humidity. 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N N �• Lel :#•OW 9183S 01 ION 31vos 000z / I / -C 31Va S.LK .LOH.LIHOHV QHHH.LSIJHHI .LNHW.LHVdHQ JNMHHNIJNH HH.LHOIH 'V SHWVf 'ASG3aVd38d NA,O.LQ'IOH.I.aOS R%11 lack ""N 'OINOOHd 'HNV'I DR-ZODHd )MVd TM JIN039d - NO AU30H MIN 1IUHQ MUMS 39VXIVUH I # I?elaQ uotloaS aaS .LNHWHAVd l IVHdSV 'SNOLLVOIdIOHdS HHS DNIOVd QHVOSHHHSVCI MBIA (INH S.L'IOg JJV'I ,S X i,4/1 'dA.L "IVRIH,LVW aHZINVA'IVO IV13W 1V'I3 }IOIH.L ,7/1 X s,Z Hg OZ MOI XIHISN00 HO.LV'I SKIM ` 9vri ,S X 1.17/1 9NINVH3 VDD 9XZ QOOMAHd V3D 'Ib/£ 9NI3VA QHVOgH3HSVQ IN Flu ails uoiWpuno3 alazouo0 ISd 000`£ dais zaluao uo ,O -,t, N7 siiog .TOgouV paZTUtAjED ,,8IX,Z/I O '77G moilvAarij H5Tv snonuTluoD - HVg b# - Z I # gtpCI uotloaS aaS LNHWHAVd .L'IVHdSV ''I IVA1 HEdON 4� InoTdAL QHV0"HHSVQ NI HH LNHO NO .,0-.8 � HHddflos HDVNIVHQ HQIA1 Ax,,Z/I-1 HQIAOHd 'H.IV'Id W01109 QH.LVMd L VOD 9XZ - Z 'HO.LV'I 4 (110H QNVH A'IVO H3.LAWVIQ I'M Wrld 2I000 QOOA�A'Id QH.LVHHL VDD b/£ Iuo?dX.L •HH.LNHO NO 9I q� SQfl.LS QH.LVHH.L VOO 9XZ saa V aN V.LS Ad LsnuN1 ilia SV a321mba-d sv .LNIVd WIVO HIM u3'd1Vdd3I1 a'IHId 79 S33VjHfIS llV 01 a31lddV 3H 11VHS OMZINVA'IVD 'S33VJHf1S a3SOdX3 NO H.LOOWS uNfION9 V UMUM 3H TIVHS S'IVIH31VW H31VII T 31V9d0 NOI.LVJIIIHVB • 310N 'IVOIdA,L 'S30NIH 'A'IVO ALQU AAVHH •dA.L 'SHWVf SWUS H Igfloa 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 the labor, materials and equipment as specified for the construction of the Roller Hockey Rink Facility located at Peconic Lane Park, Peconic Lane, Peconic, New York, all in accordance with the Drawings E Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, I New York 11971, upon payment of a $10.00 non-refundable fee. The sealed bids, together with a bank draft, certified check, or bid bond in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M. ThursdaY, Aril 6 2000 at which time the will be P Y opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so, and to retain bids for 45 days from the date of receipt. The contractor shall not withdraw his bid during this period. All bids must be signed and sealed in envelopes plainly marked "Bid on Roller Hockey Rink Facility", 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. December 7, 1999 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 16, 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 Commissioner of Public Works Jacobs Dodge Reports Browns Letters Burrelle's Information Services Town Clerk's Bulletin Board 0 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 jz*h day of March 2000 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 Bidletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice to Bidders - Bid on Roller Hockey Rink Facility 6 Peconic Lane Park, Peconic, NY Bid Opening Date: 10:00 a.m., Thursday, April 6, 2000. Sworn to before me this qday of March' , , 2006 W tary Public JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Sufk & County Tenn Expires June 12, 9-cQ i C�Dl�ar� Elizabeth A. Neville Southold Town Clerk C $10.00 Non-refundable Fee for Bid Specifications BID ON ROLLER HOCKEY RINK FACILITY @ PECONIC LANE PARK BID OPENING DATE: 10:00 A.M., THURSDAY, APRIL 6, 2000 Company Name E Contact Person Address Telephone E Fax Numbers 1. 3/15 East Area General Constractors Inc.,1448-5 Speonk-Riverhead, NY 11972 Lois A. Carlesco, Bus.Mana. 325-7700 Fax 325-7742 2. 3/20 Corazzini Asphalt, Inc. Box 1281,.Cox Lane, Cutchogue, NY 11935 734-5600 3/27 3. 3/20 P.S. L. Industries Inc., 333 Vets Memorial Highway, Suite 521, Ronkonkoma 11779 Robert M. Cembrook, President 738-0595 Fax 981-2234 It. 3/21 Construction Consultants, L.I., 125-A Broadway, Port Jeff, N.Y. 11777 Joel Itzkowitz, President 474-4774 Fax 474-4770 5. 3/20 Chesterfield Associates, Inc. POB 1229, Westhampton Beach, NY 11978 Att: J. Grube phone- 288-5100 fax- 288-5161 6. 3/22 Rink Systems Inc 1103 Hersey Street 800-944-7930 Stacey Overgaard Albert Lea, MN 56007 507/373-9175 507/377-1060 FAY, 7.3/28/00 KJB Industries Inc. d/b/a Eagle Asphalt Maint., 70 Park Rd., Riverhead, NY 11901 Attn: Pat Panchak 727-4243 8. 3/29 Paul Corazzini Jr E Sons Al bertson Lane 631/765-2012 Southold, NY 11971 9. 3/31/00 Mid -Island Contracting of LI, 819 15th St., Ronkonkoma, NY 11779 Att: Fran Fax 467-2087 Tel -981-2642 10 15/03 '00 WED 12:57 FAX 516 765 6145 SOUTHOLD CLERK *** MULTI TX/RX REPORT **x TX/RX NO 1265 INCOMPLETE TX/RX [* 18]2935456 'TRANSACTION OK (* 15]2449576 [ 16]18005243329 [* 17118882329941 [* 32118009620544 ERROR EL17.ABETH A. NEVILLE. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL M Dodge Reports Brown's Letters Burrelle's Info Data Construct Construct. Info. Town Hall, 69096 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 76&6145 Telephone (516) 765-1800 ,CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 (Tele. 293-9213) Daffney BROWN'S LETTERS 244-9576 (Tele. 244-9818 Amelia) TO: BURRELLE'S INFORMATION 800 524-3329 (,Tele 973 992-6600) Cheryl DATA CONSTRUCTION 888 232-9941 (Tele 900 395 1400, Ext 115 Nancy) FROM: BETTY NEVILLE, SOUTHOLD TOWN CLERK 516 765-6145 (Fax Number) DATE: 1/14/nn RE: 4.BIDS' ADVERTISEMENT/ PUBLICATION Number of Pages (including cover): 2 If total transmittal is not received, please call (516)765-1800. COMMENTS: PLEASE PUBLISH THE FOLLOWING DESCRIBED BID IN YOUR PUBLICATION AT YOUR EARLIEST CONVENIENCE: BID FOR ROLLER HOCKEY RINK FACILITY- Bid Opening Date:10:00 aan�, Thursday, April 6, 2000 f ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o� Gyp y x OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: SUFFOLK TIMES NEWSPAPER FROM: BETTY NEVILLE DATE: 3/13/00 RE: LEGAL NOTICES FOR PUBLICATION ON 3/1 Number of Pages (including cover): 1 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 If total transmittal is not received, please call 516 765-1800. fax 516 765-6145 ONE (1) LEGAL NOTICE FOR PUBLICATION ON THURSDAY, MARCH 16, 2000: (1) Legal Notice to Bidders for the Construction of the Roller Hockey Rink Facility. PLEASE SIGN AND RETURN THE FOLLOWING CONFIRMING RECEIPT OF THE ABOVE. THANK YOU. Received By Date THANK YOU. ICemPeFre 0 CORPORATION/INDIVIDUAL ACKNOWLEDGMENT CORPORATION ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK SS.: On this 4th day of April, 2000 , before me personally came J.P. Burks to me known, who, being by me duly sworn, did depose and say: that she resided in Newark, NJ that she is the Attorney -in -Fact of the Lumbermens Mutual Casualty Company the corporation described in and which executed the above instrument; that she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corpora -tion, and that she signed her name thereto by like order. INDIVIDUAL ACKNOWLEDGMENT STATE OF COUNTY OF On this day of SS.: J DAWN V.90PFDEY Notary Public. Stz ' o! Neer York Plo. i! 3214 19 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and he thereupon duly acknowledged to me that _he executed the same. FK 01 73-1 (Ed. 11 93) Printed in U.S.A. LMERMENS MUTUAL CASUALTY C00ANY FINANCIAL STATEMENT DECEMBER 31, 1999 Assets Cash in banks Bonds owned Stocks Real estate Premiums in course of collection Accrued interest and other assets Total Liabilities Reserve for losses and adjusting expenses Reserve for unearned premiums Reserve for taxes, expenses and other liabilities Total Surplus as regards policyholders Total ffiatt+L� By ice President of Accounting Services State of Illinois) ) SS County of Lake) $ 50,540,618 3,311,072,747 2,195,703,725 116,030,164 1,118,978,867 1,027,593,393 $7,819,919,514 $3,443,563,922 928,772,097 1,043,190,256 $5,415,526,275 2,404,393,239 $7,819,919,514 i Attest !Secr tary B. A. Conklin and J. K. Conway, being duly sworn, say that they are Vice President of Accounting Services and Secretary, respectively, of LUMBERMENS MUTUAL CASUALTY COMPANY, Illinois; that the foregoing is a true and correct statement of the financial condition of said company, as of December 31, 1999. Subscribed and sworn to before me This 28h day of February, 2000 KATHLEEN J. WURTH oe Notary Public, State of Illinois a My Commission Expires 7/11/02 oeaoseesoeeo oeo •eeeeeso eosoe AGREEMENT THIS AGREEMENT, made this day of April, 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 perform, construct, install, complete the Roller Hockey Rink at the Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in the amount of One Hundred Twenty -Six Thousand and Six Hundred Eighty Five Dollars($126,685.00) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the April 11, 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 roller hockey rink 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 0 0 Roller Hockey Rink Facility" dated March 1, 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 One Hundred Twenty -Six Thousand and Six Hundred Eighty -Five Dollars($126,685.00) the total sum to paid to the Contractor for the performance and installation of the Roller Hockey Rink Facility 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 Roller Hockey Rink Facility". 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 0 0 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. 4. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold sy)) Co" Jear(! Cochran, Supervisor 3 • AGREEMENT THIS AGREEMENT, made this /Wday of April, 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 perform, construct, install, complete the Roller Hockey Rink at the Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in the amount of One Hundred Twenty -Six Thousand and Sia Hundred Eighty Five Dollars($126,685.00) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the April 11, 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 roller hockey rink 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 Roller Hockey Rink Facility" dated March 1, 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 One Hundred Twenty -Six Thousand and Six Hundred Eighty -Five Dollars($126,685.00) the total sum to paid to the Contractor for the performance and installation of the Roller Hockey Rink Facility 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 Roller Hockey Rink Facility". 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 0 0 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. 4. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold BU Coc. J&h W. Cochran, Supefvisor Corrizini Asphalt Co. JAMES C. McMAHON Administrator Telephone (516) 765-1892 Fax(516)765-3136 h�o��SpFFOI/-CGy O o � HJ = Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE MEMO To: Corazzini Asphalt From: Jim McMahon Subject: Peconic Lane Park - Roller Hockey Rink Date: April 20, 2000 Please find the enclosed 2 Agreements for the Roller Hockey Rink at Peconic Lane Park. Please signed and return the copy with the yellow post -it to me at the address above. You should contact Jamie Richter at 765-1560 prior to starting the project or if you have any questions. 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 the labor, materials and . equipment as specified for the construction of the Roller Hockey Rink Facility located at Peconic Lane Park, Peconic Lane, Peconic, New York, all in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, SoVthold, New York 11971. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $10.00 non-refundable fee. The sealed bids, together with a bank draft, certified check, or bid bond in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 6, 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 waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so, and to retain bids for 45 days from the date of receipt. The contractor shall not withdraw his bid during this period. All bids must be signed and sealed in envelopes plainly marked "Bid on Roller Hockey Rink Facility", 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. December 7, 1999 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 16, 2000, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 11.79, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Commissioner of Public Works Jacobs Dodge Reports Browns Letters Burrelle's Information Services Town Clerk's Bulletin Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �o�oS�FFoc,�coG o co ae OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON ROLLER HOCKEY RINK FACILITY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 BID OPENING: 10:00 AM, THUSDAY, APRIL 6, 2000 SEVEN (7) BIDS WERE RECEIVED: 1. Corazzini Asphalt Inc. $126,685.00 P. O. Box 1281 Cutchogue, NY 11935 2. East Area General Contractors Inc. $129,950.00 P. O. Box 581 1448-S Speonk-Riverhead Rd Speonk, NY 11972 3. Paul Corazzini Jr. & Sons Inc. $131,250.00 3120Albertson Ln. Greenport, NY 11944 4. Chesterfield Associates Inc. $142,000.00 56 S Country Rd P. O. Box 1229 Westhampton Beach, NY 11978 5. PSL Industries Inc. $168,000.00 3333 Veterans Memorial Highway Ronkonkoma, NY 11779 6. Construction Consultants/L.I. Inc. $224,000.00 125A West Broadway Pt. Jefferson, NY 11777 7. Mid -Isle Contracting of LI Inc. $469,138.00 819 15'h St Ronkonkoma, NY 11779 NAME OF BIDDER: L DATE: Phone #: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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 fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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. THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: j J / ice► d - :F/%�ofr�L crud a ��'�r S (written in s) (written i 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified. check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this forty-five (45) days, the Town will accept or period. /w Signature of Bidder. Business Address: a formal bic, and shall remain in effect for a period of oposal oryy mutual agreement may extend this time Date: y o 0 Roller Hockey Rink D-1 ATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that 2jehooaaa2z/A'11, of axal'Z/A.Z.' J-0hAA,7 ZtYC be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 taw 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. 761, See. 103-d. as amended effective September 1, 1965 Ove42_zir.L A,40h447- _Z_1YC yf=h 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 C'oR/aZziu- ,q,,lph�ti sr✓C (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ ; and, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part 11 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: 3. 1 will obtain from each of my subcontrac administering agency prior to the award subcontractor certificati eq ' d by tl J v,,,,,%1 Roller i r;,' ID � w`. t PCU Stz, c z") ; and, and submit to the contracting or ny subcontractor under this contract the Bid Conditions. presentative of Bidder) Rink F-1 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not . an 'employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) �ReSrde� 1 Bid on 7nnn ROLLER HOCKEY RINK FACILITY juOrfl 'DTZ Katosto ; ,7W - "Colin_ t1. „n IrempleRe BID OR PROPOSAL BOND BOND NO. 3S 975 324-00 KNOW ALL MEN BY THESE PRESENTS, THAT WE, Corazzini Asphalt, Inc of Cox LN, Cutchogue, NY 11935 (hereinafter called the Principal), as Principal, and Lumbermens Mutual Casualty Company, a corporation, organized and existing under the laws of the State of Illinois and authorized to become surety in the state of New York -(hereafter called -the -Surety)- as Surety, are held and firmly bound unto Town of Southold (hereinafter called the Obligee) in the penal sum of Six Thousand three Hundred Thirty Four and 25/100 Dollars ($6,334.25) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, -successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Asphalt Paving for Roller Hockey Rink Facility, Peconic Lane Park, Peconic. NOW, THEREFORE, the condition of this obligation is such that if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with Surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS e BY WITNESS- ( lq�souf� FA 066-2 Bid or Proposal Bond Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Donald H. Klug, J. P. Burks, Carol A. Horan, Dawn M. Godfrey, Akiima B. Noorhassan and Maria A..Eng of -New York, New York (EACH)"""`'..`....***' "* """""""`*`*""""`•" their true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds -and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more boi ids in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1968 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptanceof process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this May 19, 1999. Attested and Certified: 1 1 Robert P. Hames, Secretary 1116 �CORlpyte L � /u.wror� Ir 1 0 ; IIAI CORMA m Owe• � M� �'�s e�.N• by Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company v Fe.P , 1m- J. S. Kemper, III, Exec.Vice President CORPORATION/INDIVIDUAL ACKNOWLEDGMENT CORPORATION ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK SS.: On this 4th day of April, 2000 , before me personally came J.P. Burks to me known, who, being by me duly sworn, did depose and say: that she resided in Newark, NJ that she is the Attorney -in -Fact of the Lumbermens Mutual Casualty Company the corporation described in and which executed the above instrument; that she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corpora -tion, and that she signed her name thereto by like order. DAWN M. GODFREY Notary Public, State of New York No. 01005031214 Qualified in Kings County moo Commission Explres Aug.1, INDIVIDUAL ACKNOWLEDGMENT STATE OF COUNTY OF On this day of SS.. 19 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and _he thereupon duly acknowledged to me that _he executed the same. FK 01 73-1 (Ed. 11 93) Printed in U.S.A. LUMBERMENS MUTUAL CASUALTY COMPANY FINANCIAL STATEMENT DECEMBER 31, 1999 Assets Cash in banks Bonds owned Stocks Real estate Premiums in course of collection Accrued interest and other assets Total Liabilities Reserve for losses and adjusting expenses Reserve for unearned premiums Reserve for taxes, expenses and other liabilities Total Surplus as regards policyholders Total By ice President of Accounting Services State of Illinois) ) SS County of Lake) $ 50,540,618 3,311,072,747 2,195,703,725 116,030,164 1,118,978,867 1,027,593,393 $7,819,919,514 $3,443,563,922 928,772,097 1,043,190,256 $5,415,526,275 2,404,3931239 $7,819,919,514 AtteJSetary B. A. Conklin and J. K. Conway, being duly sworn, say that they are Vice President of Accounting Services and Secretary, respectively, of LUMBERMENS MUTUAL CASUALTY COMPANY, Illinois; that the foregoing is a true and correct statement of the financial condition of said company, as of December 31, 1999. Subscribed and sworn to before me This 28`h day of February, 2000 KATHLEEN J. WURTH Notary Public, State of Illinois My Commission Expires 7/11/02 eeeeeeeeeeeee•••e••e••eeeeee Phone #: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic,-N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, RA, 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 inwonisj` �o. r�c� (written in num' hers) And he further agreeseallt',Ais proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter Into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified. check shall be returned to the bidder within forty-five (45) days after the date. of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject is proposal or by mutual reement may extend this time period. "�r //_ �� / / Signature of Bidder. Date: SZIZ� Business Address: Q Rollet Hockey Rink D-1 ATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ex of ��� Q�es�C--� \c' yc�.c be (Name) _T (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project:. ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 2- Q � o R" C� �\ c corporation at a meeting .of the Board of Directors, held on the day of '41;Z!ss>-s (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 761, Sec. 103-d, as amended (Signature) effective September 1, 1965 Roller Hockey Rink E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) is i ns: got 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, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any sub )actor under this contract the subcontractor certification required JK these Bid n ions. (Signature of Roller Hockey Rink of Bidder) F-1 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, East Area General Contractor Inc 1448-5 Speonk-Riverhead Rd.. Speonk. New York 11972 as Principal, hereinafter called the Principal, and the RLI Insurance Company of 1 World Trade Center, New York, NY 10048 , a corporation duly organized under the laws of the State of Illinois , as Surety, hereinafter called the Surety, are held and firmly bound unto Town Board of the Town of Southold 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of five percent of amt bid --------------------------------------------------------------- Dollars ($ five percent of amt bid ) , 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 Roller Hockey Rink Facility @ Peconic Lane Park, Peconic Lane, Peconic, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16 _ _ day of March 2000 Witness "D IA c Y�J Witness East Area General Contractor Inc 1448-5 Speonk-Riverh a d., Spe , New York (Seal) JA�:Principal Title RLI Insurance Company { BY Theresa Burke Attorney -in -Fact this day of , 19 , before me personally came _ to me known, and known to me idividual in and who executed the foregoing instrument, and acknowledged to me that he Med the same. :ommission expires Notary Public Corporation Acknowledgment State of County of _ _Z): On thisday of ��� �\ , before me personally came to me known, who being by me duly swom, did depose and say that he is the Q Of %�,Icpcs_ cnle 3= xc 'the corporation described in and'which executed the above instrument; that he knows the seal of -said- corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said jWg%-f E%4that he signed his name th to b ' e order. Notary Public,State of New York My commission expires No. 01CA6012159. Suffolk Commission Expires August 24�20�p o UbliC Surety Acknowledgment ` State of New York County of Nassau On this 16 - - day of March -2()po before me personally came Theresa BUrke to me known, who, being by me duly swo_ m, did depose and say that he is an attorney in fact Of RLI' Lmmnmane C= int the corporation described in and which executed the within instrument; that he knows the corporate seal"of said corporation;. that the seal affixed to the within instrument is such corporate seal, and that he signed:the said instrument and affixed the said seat as Attomey-in-fact by authority- of the Board of Directors of.said corporation and by authority of this. office underthe standing resolution. thereof OENeSE THOMPSON My commission expires �� per, ��A�Q �f'New YorkKk No.01TH46233 7 t QuaUfled In Nassa Commission Expires . wil I D I V I S 1 0 N 9025 N. Lindbergh Dr. • Peoria, IL 61615 grow All Men by These Presents: POWER OF ATTORNEY BOND NO. RNS- 010 4 5 4 2 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint LOUIS J. SPINA, ANTHONY J. pANNO, NICOLE GRUTER, DARYL HAMILTON, DONNA DAVIS, THERESA BURKE, ANTHONY M. SPINA, BARBARA WALKER, DENESE THOMPSON in the City of ST. JAMES State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, ,may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the ,Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January, 1999. State of Illinois SS County of Peoria uuurr 4 °vONCE CO `� 5 .•••.... ii 011, 3 SEAL On this 1st day of January, 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said 00rPoration. sqLaml, fta"I'll Notary Public "OFFICIAL SEAL" YWHIA S. DOHM rr PUBUC. STATE OF ILLINOIS !M"A ION EXPIRES 02/24/02 RLI INSURANCE COMPANY e ` President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 1_ day of MarcIL , 2000 . RIA INSURANCE COMP President SPA030 (6/99) hu insurrimc,= Croi berm, less ?' .Assets = :. - Liabd'cb`es ane' St7S.60s.S'rs PARM"for ta;paidtos and laza y... =UM 322.054.799. &*=fteatas3emtses Sten, 1T," etlVasGSfC1rS 15.94$.825 Unearned Wwri = . 61 Y4S,134 . t:., 9>ait Tenn 4 ;B2,ggT ' Ac=uad .a agsanus 18,218,$73 Fedora( fctcame faes z�ayalsle - Y.025..a08 MCoelatar�i bolo ... t.385.t98 ie Funds hWd t.288.0TI caseran hand.ar►d an deposit - w Ainauttfis iCthdd 65i,2 • b - 11.571.796 •lavpdsueR k>eotcirdue and ems-- -- 3.538.481 Y P enatthm 'gas Eedefal iii! fiX teCat/ef ble - •.. «... ply awo-to ...... 0'. fbdiem�aaoea tecovra6le an•pald losses . _._. 4,228,1 Oran: cuftcargav32,184 Ese�e+ie des= peaeas�etg egrdpriseisC Taal Lbdwib= S2=687_537 weat a. aal. al19[a�s - t.M.164 CMwadnfted:=sacs 5,427,116 g�y� Total Admitted A~ised S �3� tTt.18t� Carsartan stodt - S 1G.0043T'= - A,dd fttd paid in capft 51.618,3 L Unassigned :::Pius — 2 •Z H63.HH4 Teti! staph: S 3t4 State of �Grreais Tad! t and - Si.t7t.t81 ccurrL of • rrV.iGL - • • • • • ., 1. .• Me undersigned being duly swam, says: Mat he is President of RU lr=r2nce compmr, drat rid Ccnrpanyr is a corpor�rbrx duly. organized e; sdng and engaged in business in ire= State'of ' YORK and hasduly, carrrpffe:d witty a!f fire requirenrents of the taws ofsaid Stafe.appffcable of rid Company and is duly q A fredto alas Surety undo rsueh L-'ws; brat said Cornpar7yhas &a complied wrih,and is defy grra fre d to actas Surety under the act of Congress approved July 194?; 6U.S.0 sec. 6-1;'ar7d fhatto dare= bet of his knowledge? and belief the above full, true, and correct sbdernent of the frrranc W condUarr of the said' CampaFry an the . 31 day of December' 1996. %t�p,NC��''�.,,� ' President GCR¢q�4rF0..9'. Corporate .!C E A�lj Seal SMAL Affixed secre JY - .. - • .Gamy a J..Nerrsey • _ .. • Ka,tlll� .tom• .`.•'•.;: - ,- .. z` v } •::�-''' . � - - � 1.- `�»=;��::-��',...�,-''•= bef7mrll� �fJfS^ 15ffT .C> lJ/` X994. . f�, •:•cY'.' ��• :rte sad •-'�e�s�- - ' NabariaL : `�:IK,�(jt,ClC . ' � ' ' ''s' - •1Vciaijyc I10fAYYp C fa*LA y, :• $tatECf�rr70ls Alycarrarastfcrr.7-r--4 %mayZ�QO' : ` NAME OF tr�� /1 T BIDDER: I Ra / L6 rGZZ; h J r • r Sok cc _70 C • DATE: '11Z1164) Phone #: 7lo S Zo i 2 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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 ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of__ the work for the entire project 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: 6 �4,K,JI 7N1 r - O4,1 ,.w/ 26 '� Z SO (written in words) I (written 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 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 firm 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: OU Business Address: Rdller Hockey Ririk D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that R .I. 1-0147 Zi yr of �Q w� [6eW Z z%if,- J r r Si s be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 / A K f ov a -Z -r + fi r• d Jo « s . corporation at a meeting of thec� 2 o b 0 Board of Directors, held on the ( day of—J1�9r� , 19 (SEAL OF THE CORPORATION) Q �---- Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended (Sig Ature) effective September 1, 1965 Roller Hockey Rink E-1 Aaw VIEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION OF (TO BE COMPLETED BY EACH BIDDER) 13idder'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 V�a2Zi .4,* Ti✓'t_ -6,'�. f , Tv�" - • (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ and, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: and, 3. 1 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. of #Gthorifed Representative of Bidder) Roller Hockey Rink F-1 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not . an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) P� Bid on 7nnn ROLLER HOCKEY RINK FACILITY THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No: SII 2952649-2 KNOW ALL MEN BY THESE PRESENTS, that wePaul Corazzini Jr. & Sons, Inc. I. 7nr...� •nn .Jct.... I,C,I •:II• qi '-- •.,c.,.. - 3120 Albertson Lane, Greenport, NY 11§44mfr1 lull T, as Principal, hereinafter called the Principal, and Utica Mutual Insurance Company Llere infer` IvU name o�d 211d.ee, Of left"' "'le qr c„r.t,i 180 Genesee Street, New Hartford, MY 13I413 a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, NY 11971 [Here insert full name ,nd addrt„ 3, �"31 'ille Q_nrcf as Obligee, hereinafter called the Obligee, in the sum of Five percent of the bid amount Dollars t5 !, 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. WHEREA5, tate Principal has submitted a bid for (Here insect full Dene, address rind descriodon Of r-roeccn Construction of the Roller Hockey Rink facility @ Peconic Lane Park NOW, THEREFORE, if the Obligee dull sce.tst the bid of the Pillmipel and the Principal shall enter into a Cantr&C with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Control Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt paymimt of labor and material furnished In the prosecution thereof, or In the :+rent of the failure of the Principal to enter suds Contract and give such bond or bonds, if die Prindpal shall par to the Obligee the diftesence not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the OWigee•msy in good faith contract with another party to perform the wort covered by uld bid, then this obligation %half be null and void, otherwise to remain 1n full force and eflem Signed and sealed this 4th day of April XX192000 Paul Co azzini Jr. & Sons Inc. Principal) cse,n Innes •GM_ . (rltle) Utica Mutual Insurance Comoanv Marie D. Revere"`"Attorney-In-fact AU DOCVa+tElirf Illi` • 11110 BONO • AIA 0 • F(SRt)ARY 1170 W • THE AMER(GtN IWTITVTE Of ARCMECTS, tris N.Y. Atm. KW. wASHINCTON, -O. G ?W06• 1 WAVIDeft tiniowsaaQ d+orM'4 �salwt< Ott aopnri¢it ts.e (ted b .rq.et b legal p�waetson. W LuT lit FACE, OF THIS DOCUMENT HAS A COLORED, BACKGROUND- NOTA WHITE BACKGROUND THE BACK. Off -THIP POC andlotil'itents and '" ses as Ifthe .- and its Home N H 0 . .. .. .... .. ........ . .. .... .. .. .. . ... .... . ........... ........ . .. . ........ ....... ... . .. ....... ... ... . ..... f.:l . he - W fQ110'I , 60 Oted N *P Ado bvf - .,..U,Tl,-.,,J0A,.-MUTUAL IRSU . . ........ . ... ..... A ACKNOWLEDGMENT OF SURETY ` [x] Utica Mutual Insurance Company ❑ Graphic Arts Mutual Insurance Company STATE OF.__. New York - -_ ss.: COUNTY OF-_.._ .Cneida ___ On this tJL.._.__--_._.day of. ... AP -r l _--- -------------------- --- -------------- _----- =AJQ_Q before me personally came Revere ........ ------ -------- --------- to me known, who, being by me duly sworn, did depose and say: that Eche resides in_Utiaa,JNY ......-. _ __.__.__ _ .._._..__._..____ ...__......_ _..._.._. _....._. . that he is Attorney -in -Fact of the Corporation described in and .which executed the attached instrument; that he knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed pursuant to power conferred on him by a Power of Attorney granted to him by said Corporation and that he signed said instrument as Attorney -in -Fact of said Corporation pursuant to such authority. ------ -----qt, _ NOTARY PU C PRINCIPAL'S INDIVIDUAL ACKNOWLEDGMENT of ROSEMARY WADAS STATE OF ..................... _._...... . ._ ss.: COUNTY OF.....__.._...._._._�. t4otary Public In the State of New York I Appointed in Oncida County 1111YCOMinlaslon Expires April 30.�qo. 0 On this....----_.__......_.__.daq of. .......... _.-_........ _. before me personally came _......_......................_-....................--..-_-._..._._.....___..._ ._._.._._........_......_.-_........... _...... _.... to me known and known.to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGMENT STATE OF ... v ..:.. I :....:....... .... .... ... COUNTY OF .............. :..::.:........ ss.: On this....----- ......... :day of .............. .:.::....................................... :......:_.i9.ZQQ(Wore me personally came ......................................... ._........--------..... - -- __..._._.....-_..._.._ - • -- , a member of the Co -partnership of . ...................................................................:.._..._....._-.......... _.... _............................. , to me known and known to me to be the person who is described in the foregoing instrument and he acknowledges that he executed the same as and for the act and deed of the said Co -partnership. NOTARY PUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGMENT STATE OF .New York_._ ss.: COUNTY OF... Suf folk ;�RZ'ZZ 3Nnr S3akm NoISSwm Aimnw mum Z9Me0093WO ON XH0A M3N d0 31VJ.S'0f land AWJ.ON N30aa amM On this .......... 5 th..... _...... day of. .... ... ......-April ................ ........ _............... 1'920..,0before me personally came Paul Co r azz.Ij................... _.................... to me known, who, being by me _ _.........-•Greeorduly sworn, did depose and say, that he resides in... N. that he is_.. S e c r e t a rY.... ............ —__..Of ... Paul- X4r aq z4 - n j-..jx.,.:. &...9o-- -- -d: Corporation described in and which executed the foregoing instrument; that he knows the Corporate Seal of said Corporation; and the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed a thereto b�e or/der. UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31,1998 ASSETS U.S. Governmental Direct Guaranteed Bonds $ 77.029,999 All Other Bonds 1.217.255.420 Stocks 120,949.626 Mortgages 0 Cash (16,005.575) Equities & Deposits in Pools and Associations 5.421.634 Premiums in Course of Collection 117.326.717 Interest Due and Accrued 19,747.697 Other Admitted Assets 98,953.484 Total Admitted Assets $ 1,640,679,002 Surplus Funds Dividend Reserve General Voluntary Reserve Special Contingent Surplus Divisible Surplus Surplus as Regards Policyholders Total STATE OF NEW YORK COUNTY OF ONEIDA ss: LIABILITIES AND SURPLUS Reserve for all Losses Unearned Premiums Reserve for Claim Expenses Dividends Taxes Accrued Federal Income Tax Amounts Withheld on Account of Others Provision for Reinsurance Miscellaneous Accounts Payable Total Liabilities $ 1,825,144 1,500,000 1,700,000 442,697.478 447,722.622 $ 1,640,679,002 $ 632.376.536 251.898.219 198.049,442 8.152,801 8,491,705 6.029.032. 12.792.588 15.861.386 59.304.671 $ 1,192,956,380 W. Craig Heston, Chairman & CEO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly swom, says that he is the above described officer of said Corporation, and that on the 31 st day of December, 1998, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the dose of business December 31, 1998, according to. the best of his knowledge, information and belief. Subscribed and swom to before me the 19th day of March, 1999. Notary Public in the State of New York Appointed in Oneida County My Commission Expires April 30, 2000 Attest 8-B-50 Ed. 3-99 Chairman & CEO JA'4�� cs v� Secretary NAME OF /� BIDDER: �ni-eXt- dA �SSC�C1 �'S JnC- . DATE: 2oba P.G. 1;0Y, 122-9 W i2,5 4 -ham iltrin BezkJ 11?WPhone #:%3 0 OH -5100 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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. THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: Flo X73 OA,f f an o ?/L7'L� ilia 7I-kvs e' ooa• od (written in words) (written 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified. check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder:-4"140�14 L1100 Date: isro Se an � ice res � E,nt Business Address: FARM= ILI IN Roller Hockey Rink D -1 - STATEMEIOF-PION-COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief. (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. - -- B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that 5_p4i 1�. AI bX i of aen>+2YGW �SSoC 1��� ��C C. be (Name) (Name of corpora 'on) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958. and to include in such bid or proposal the certificate as to non -collusion required by section one -hundred -three -d (103-i) 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 -" y '� Q�l a0O Board of Directors, held on the U � da of a (SEAL OF THE CORPORATION) Laws of New York,1965 Ch. 751. SM 1034 as amended J Ll.C-A,u&(Signature),VCg-,E,TAZY Tte6ASU96k effective September 1, 1966 Roller Hockey Rink E-1 1k NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not.an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) _C"4a/0 1 V/�' SET4 b, A LLA �3 (Corporate Title) PP,ES(bW T (if any)C1-� sT�R-FSE L1� ASS00_1A _Sj-1NC , Bid on7nnn ROLLER HOCKEY RINK FACILITY HOCKEY RINK FACILITY IRMATIVE ACTION CERTIFICATION "E `COMPLETED BY EACH BIDDER) e`eligible for award of a contract under this Invitation for Bids unless s submitted as a part of its bid the following certification, which will be t of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Pr Certifies that: I intend to use the following listed construction trades in the work under the contract_ I i v, k. -V_nCQ , ft n&r- a c+n-r as�hal� payQ,r and, 2. a. 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: N s✓�t� Fu2Tl-mZ C,L 21 F I -r i oty ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: IS D ELLR;THe 0 a_AZ( E I CA-rl d iJ and, 3. 1 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 certificatio% requjrej by these Bid Conditions. (Signature of Authorized Representative of Bidder) SFiT(k b. A L( - AN ) YiEE. P12��1 BAIT Roller Hockey Rink F-1 333 , THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond i NOK ALL lei BY PFaSEN1'S, that we BOND# RNS0104227 CHESTERFIELD ASSOCIATES, INC. (sere insert full name and address or legal title of Contractor) 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY 11978 as Principal, hereinafter called the Principal and RLI INSURANCE COMPANY ONE WORLD TRADE CENTER, NEW YORK, NY 10048 (Here insert full name and address or legal title of surety) a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD (Here insert full name and address or legal title ofowner) t as Cbligee, hereinafter called the Obligee, in the scan of FIVE PERCENT OF TOTAL BID AMT ---- Dollars ($ 5% OF BID ) for the payment of which scan well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, a�b n;strators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONSTR. OF A ROLLER HOCKEY RINK FACILITY (Here insert full name, address and description of project) NOW, � ', if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6TH .tress) day of APRIL M7491TIN CHESTERFIELD ASSOCIATES, INC. (Seal) .5E, -VK b, Au.A (Title) Y I PP s ID�aJ RLI INSURANCE COMPANY (Surety) (Sea) DAVID A. GOLDSTEIN- (Title)Attorney-in-fact AIA DoaMn A310 * BID Boom • AIA @ • FEIR[NRY 1970 ED • THE AMERICAN INSTITLITE OF ARCHITECTS, 1735 N.Y. AVE., N.W. , WASHIIdQIC7N, D.C. 20006 L.I ILJ I LI\I- 1L -LD r1J13Ul,. r Q:C • J1V-LOO-JlUl I'Idl LJ LUUU UO • 44 r UJ OFFER OF SURETY (To be completed by Each Bidder) the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: RLI INSURANCE COMPANY SURETY COMPANY YZIASSOCIATES, INC. Signed: s6-rH D , ALL (Bidder) V i c.z:: CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said CHESTERFIELD ASSOCIATES, INC. the RLI INSURANCE COMPANY (Blddees Name) will execute the Surety Bonds as herein -before provided, Date: 4/6/00 (Surety Company) Signed: Authorized O clal, Agent or Attorney DAVID.A. GOLDSTEIN-ATTORNEY IN FACT IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 c ACKNOWLEDGMENT OF CONTRACT OR, IF A CORPORATION State of NEW YORK County of 5�(FFo�K On the6TH day of APRIL in the year _2000 before me personally came • Al la,n to me known, who, being by me duly sworn, did depose and say that he re ides at a5 uc� l� ,that he is the VI C� Oesl A of CHESTERFIELD As'sbcIATES, INC. , the corporation described in and which executed the above instrument; and that he sinned his name thereto by -order of the Board_ of Dir�tors of said corporation --- Notary Publlo State of Nw York No. 01WA489994S Qualifled In Suffolk County Commission Expires May 81, 20- . ACKNOWLEDGMENT OF SURETY State of NEW YORK County of NASSAU 1 , _.' r .—W--- r v �Cv1 Notary Public or Commissioner of Deeds On the 6TH day or APRIL in the year 2000. , before me . personally came DAVID A. GOLDSTEIN to me known, who, being by me duly sworn, did depose and say that he resides at MERRICK, NY . that he is the ATTORNEY IN FACT of RLI INSURANCE COMPANY the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the Board of Directors of said corporation Public, state AYE K Notary Public, New York No. 0100498.-x;12 Coullty Qualified in Nes Duns sau () 20 � Commission EXP Public or Commissioner Of Deeds D I V I S 1 0 N 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: POWER OF ATTORNEY BOND NO. RNS- 0104227 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint GEORGE O. BREWSTER, DAVID A. GOLDSTEIN, NANCY B. SCHNEE, FERN PERRY, GAYE CONKLIN in the City of JERICHO State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: - "All bonds, policiesi undertakings, Powers of Attorney, or.other obligations of the corporation, shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall havd authority to issue bonds, policies, or undertakings in the name. of the Company: The corporate seal is not necessary for #iit'validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. `J�p,NCE�C' `���`� � • � • �'����� RLI INSURANCE COMPANY 60 -B SEAL = president _•_ State of Illinois ) % ••. �� SS County of Peoria ) "'1111111111%00 4 �I i I NI,Q, 5 CERTIFICATE On this1st day of January, 1999, before me, a Notary Public, per- I, the undersigned officer of RLI Insurance Company, a stock corpora- sonally appeared Jonathan E. Michael, who being by me duly sworn, tion of the State of Illinois, do hereby certify that the attached Power acknowledged that he signed the above Power of Attorney as the of Attomey is in full force and effect and is irrevocable; and further - aforesaid officer of the RLI INSURANCE COMPANY and acknowl- more, that the Resolution of the Company as set forth in the Power of edged said instrument to be the voluntary act and deed of said Attorney, is now in force. In testimony whereof, I have hereunto setmy corporation. hand and the seal of the RLI Insurance Company this day of �rGC RLI INSURANCE COMP AER - 6 Notary Public "OFFICIAL SEAL" President CYWHIA S. DOHM NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 02/24/02 SPA030 (6/99) -Di V I S I O N 9025 North Lindbergh Dr. • Peoria, IL 61615 (309)692-1000 Admitted Assets Investments: Fixed Maturities....................................................... Equity securities...................................................... Short-term investments ......... . ............................... Realestate.................................................................. Collateral loans ......... ................. -..........................._. Cash on hand and on deposit ....-........................ _.- Agents' balances ......... . ............................................. Investment income due and accrued....................... Federal ircorne tax recoverable ................................ Reinsurance recoverable on paid losses .............. Electronic data processing equipment, net of accumulated depreciation ........................... Receivable from affiliates .............. ............................ Other admitted assets ............... _.............................. Total Admitted Assets State of Illinois SS. County of Peoria RLI insurance Company December 31, 1998 Total Liabilities and Surplus ...................................... S 553.171,181 The undersigned, being duly swom, says: That he is President of RU Insurance NoE,WmpYOthat said Company is a corporation duly organized, existing and engaged in business in the State of RK and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws, that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and correct statement of the financial condition of the said Company on the 31 day of December 1998. Attest: Liabilities and Surplus C Seal Liabilities: Corporate S 178.609.579 Reserve for unpaid losses and loss 322.054,799 adjustment expenses ........................................... $156.023,917 15.946.825 Unearned premium ............................................... 61.148.194 4.582.387 Accrued expenses .................................................. 18.218.873 ...... Federal income taxes payable ................................ 1.026.909 1.385.198 Funds held ......................................... _.................... 1,288.071 11,571.796 Amounts withheld ................................................... 561,259 3.539.481 Statutory penalties .................................................. 388,200 ...... Payable to affiliates ................................................. ..... . 4.228.158 Drafts outstanding .......................... --_.................. 32.164 Total Liabilities ... _.-.... -............................................. S 238.687,587 3.816.678 1,509,164 5,927,116 Surplus: Common stock.._ .................................................... $ 10,000.375 S 553.® 17®.781 Additional paid -in capital .................. _.................... 51,619,335 Unassigned surplus ......................... -..................... 252.863.884 Total surplus ._...... _............................... _................... S 314.483.594 Total Liabilities and Surplus ...................................... S 553.171,181 The undersigned, being duly swom, says: That he is President of RU Insurance NoE,WmpYOthat said Company is a corporation duly organized, existing and engaged in business in the State of RK and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws, that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and correct statement of the financial condition of the said Company on the 31 day of December 1998. Attest: Notorial C Seal OFPORq q'.� Corporate My Commi:rou Egka ?lMlOOf) Seal SEAL = Affixed C. 'rrrrrrrirnl1```',, Swom to before me this 15th day of February 1999 MAKM�_NotaryPubfic- Chede L Montgomery U State of Illinois My aonvnissiorl Expires February Z 2000 •OFFMAL SEA.• Notorial CMU t_rloMMMY Seal NOTARY Pl1BM STATE OF M12M Affixed My Commi:rou Egka ?lMlOOf) . President Jo E. Michae ` Secretary Camille J. Hensey RLP 6015 (1/99) PROPOSAL FORM NAME OF BIDDER: �J..� �V ST+? ��S i .��J C . DATE: Phone #: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, RA, 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 su " of: (p coo (written in s)� (written 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 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 to the mal 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 prosal is a formalbid d shall remain in effect for a period of forty-five (45) days, the Town will accept or rej proposal r utual agreement may extend this time period. Signature of Bidder.Date:FF Business Address: Ay. STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that :3 A.,..r k. & e. 1,r a 4f P 5 L - L.✓ c . be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New. York 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 r U ► 7vu e s , �w C. corporation at a meeting of the -� g a C.� Board of Directors, held on the 'S day of A (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 7¢4, Sec. 4034 as amended eff gwlSepp tuber 1,19'65 Roller Hockey Rink E-1 . it 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_ h, O of- le to and, 2. a. 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: L ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: 3. 1 will obtain from each of my sub( administering agency prior to the subcontractor certificationleabid ; and, lors and submit to the contracting or of any subcontractor under this contract the ese, Bid Conditions. (Signature bf AdthoriOdd'7repre'nsfitative of Bidder) Hockey Rink F-1 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its. best knowledge and belief, by any of its employees or agents, to any person not.an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) I L -Z- Bid Bid on 2nno ROLLER HOCKEY RINK FACILITY. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Documnt A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we P.S.L. INDUSTRIES, INC. 3333C VETERANS MEMORIAL HIGHWAY, RONKONKOMA, N.Y. 11779 as Principal, (Here insert full name and address or legal title of Contractor) hereinafter called the Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 202311T. 70 WEST POBOX 4270 CHERRY HILL NJ (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, N.Y. 11971 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 6% OF 810 NITIE TWELVE THOUSAND FIVE HUNDRED 001100 Dollars ($12,600.00 ) 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 (Here insert full name, address and description of project) ROLLER HOCKEY RINK @ PECONIC LANE PARK, EXCAVATION, PAVING, DASHER BOARDS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed March 28, 2000 (Witness) (Witness) COMPANY OF THE STATE OF PENNSYLVAI urety) (Seal) PETER HEp&YAttorney in Fact AIA DOCUMENT A310 •BID BOND •AIA FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF } COUNTY OF Si On this day of before me personally came to me known, who being by duly sword did depose and say that he/she resides at and that he/she is the of the corporation described in and which executed the foregoing instrument/ that he/she knows the seal of said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEW YORK NO. 01 CA602444 NOTARY PUBLIC QUALIFIED IN SUFFOLK COUNTY COMMISSIQI�F�OW�b MENT OF PRINCIPAL IF A PARTNERSHIP STATE OF COUNTY OF }ss.: On this day of I before me personally appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same anf or the act and deed of said firm. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL STATE OF } _ COUNTY OF }�" On this day of , before me personally appeared to me known and known to be to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same. NOTARY PUBLIC ACKNOWLEDGEMENT OF SURETY STATE OF New York }ss ' COUNTY OF Nassau } " On MARCH 28, 2000 before me personally came PETER HENRY to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive Plainview, New York 11803, that he/she is the Attorney in Fact of THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto ty order of the Board of Directors of said corporation. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEWYORK NOTARY PUBLIC NO. 01 CA602444 QUALIFIED IN SUFFOLK COUNTY�o COMMISSION EXPIRES MAY 10 The Insurance Company of the State of Pennsylvania POWER OF ATTORNEY New Hampshire Insurance Company PA4027621 Principal Bond Office: 70 Pine Street, New York, NY 10270 No. (Void unless numbered in red) KNOW ALL MEN BY THESE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and NEW HAMPSHIRE INSURANCE COMPANY have made, constituted and appointed, and by these presents does make, constitute and appoint Peter Henry of Plainview, NY its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ******Three Million Dollars ($3,000,000.00)****** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of January, 1998. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney, qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached::' In witness Whereof, The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents. The Insurance Company of the State of Pennsylvania New Hampshire Insurance Company By • OVA rt��' David J. W h, Senior Vice President STATE OF NEW YORK) COUNTY OF NEW YORK) ss: On this 5th day of January 1998 before me came the above named officer of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corpora- tions thereto by authority of his office. Notary Public, State of New York No. 01SA4974380 Qualified in Suffglk County Commission Expires l y� NOTARY SIGNATURE AND STAMP (REQUIRED) I, Elizabeth Tuck, Secretary of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company do hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and therefore that the Resolutions of the Board of Directors, act forth in the said Power of Attorney, is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 28 day of no Ch , 20 00 Elizabeth M. Tuck, Secretary 675W tMl 7621 The Insurance Company of the State of Pennsylvania Executive otMces 70 Pune Street New York NY 10270 FINANCIAL STATEMENT as of DECEMBER 31, 1998 ASSETS Bonds .....».....»..........»......._....»...».... s 859.271.334 Rosier" for tosses and Loss Expense s .758.14AXt Reserve for Unearned Pnm*A is-».» Cash & Short Tear Reserve for E=wtses. Taws. Agen& Bates or Uncollected Pterrtaaitm— 271.888.607 Funds Field by Ceding Rtassraers Pmvisiaa for Reinsurance ._........._.» Rekm=nm Recoverable an Lass Payments. T1.106.790 ftdbes & Deposits in Pools & Assodatiorts. 21.725.900 OtlWAdmitted Assets �»...........»............ Z3C.1S0.58Z LIABIL MES Rosier" for tosses and Loss Expense s .758.14AXt Reserve for Unearned Pnm*A is-».» 232194.904 Reserve for E=wtses. Taws. Ltzrtsm and Fees......».....__... 2.34S,CdZ Pmvisiaa for Reinsurance ._........._.» 35.172.693 Funds Heid Under Refsraance 35.971.115 Thkades .. ..._............._... Cuter I.iabiC�ties......._..........»...�... a.560.4R Capital Static.»....».........._......:.._.. 5.005.900 surplus 759,0723ZT TOTAL POLCYHOLDERS TOTAL ASSETS ........................ 31 83mk77Q.M& SURPS..US ».......».».».......».......— 763.A^= TOTAL UA13tLt M AND POLICYHOLDERS SURPLUS ».r.., s I=4,T1C.534 Bonds acrd stacks ora vaured at a=9d== omit rite Dssis adapted by the National AM== of k= anoe Conaniss*WX.. Se= tis married at $136:758.978 in the above staterrrertt ars deposited as required bylaw. CERTMCATE EIZABE i A M. TUCit Secmtaryand ROBERT J. BEER, Comptroller of Insurance Company of the Sbate of.. ?ennsytvania being duly swam each for himself, deposes and says that they are above described carers of the said Company and that on the 31 st day of December, 1598, the Company actually pied the assets set forth in the foregoing policyholders and creditors, except as hereinbefore indicated, and that the foregoing sMtement is.. correct exhibit of such assets and Gabirities of said Company on the 31 st day of December, 1998, ac=rding to the best of their information, knowledge and belief respectively. .! i • �. � Sectsary ..r STA—.= PRNEW YORK COt1 � F NEWYORK � SS.: On Uft 1 Slit Day d Maw. 1999, before rte came tate above mored aft= at' haxance Company at bte State of Pennsyw•ania to me known to be Me indfvidwlt and of 4em desa3ed herea% and adatowledge Mat they cwcmd a* foregoing btsWurna t and afffined bte seal of said oorpa&tion thereto by auttway of their df5ce. 31G77 (3199) XSE t L HOZZ000 soft, pmb; .State of saw ?ort H06 Ot-NO46SZT34 oftfisw iw WM dbWer cow" TWO baaes Le. 3% puofer��` � PA �t_ i - / offli, FN avcaILt uL 371xw RUCA 3n9mam 307#atMgnt Maw tba ' E 2xs� cctiPun of sxs s n?. or pE s�Lvutu► llama fiPt mattzsr Pb:"#ix. g 4 YA mutt dig 3jbt ai na State of Pesap"tdt 48, cmem bft tilt c d or p== m tam. tt LU 42CAP MMM to Qa tgig;m tie tmuft at' aeeid=t sad bjwtk6 tSsa. =bMwasm pco_aww.. �raaet A... �.bmtzary ad McIM dM b4w =A H&bMv . ear w. mimic. wldaq. k*r IiablicY. tl4etity sed Slow tao�oe �0° scats. manias zad 3aLod •matiae, MArbegtot� mad zq sad raddVat Val= ia�e, ;a anedned is pis 3.4- 4 a. 7. L % Z4 iL = 13. ib M 16. L7. A 1% 21, tad a d 3=1= UU(4 of *a Nar Yat$ ia=w= LAW Md ib0 Sth Waftee .. &M m�C= a Zq 60 i IndAc w =MMFwMdd Wer VUSUAPU 20 iod U of 1 , tin 1L UU&I iaeittfts �st3m3est demibad is the 's ad Ibmtor Woekat! C maa: Aa "He Lim No. �0�, a as w—dat 33 MC s des 9GZ tc aqr si amwdedJ. sad ss via V S dit 4S9 c). bum=s of oat? UA oz tea= oatsids at the ust d S tad f0iUM M of CICM. Did or to I= cMMC P�b7 MM yarMW ap! of ita dotter dour. os t e is ft DeFMus act a3itftua Mbc=4 3 Mz ta== sce a U LOU m atMcps"VEMElu ailcut 07 of MOW, !ka SVQ& d* tst3av tit A#,.L*sg. NF.Q. D.:�YII�1 3tt�a:inRtt�ef�t at 3asar� 03/28/00 10:01 FAX. 5169812234 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bends to protect labor and material men, the following surety: THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. IM 002 In the event that the above Proposal Is accepted and the contract for the work is awarded to said _ PSL INDUSTRIES, INC. the THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided. E/%74 "LtA)�ce_../ Date: 3/28/00 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOLD, OR BID MAY BE REJECTED, Roller Hockey Rink G-1 •("//4-14n tl�r],S,r�VrI44,s kz- DATE:ER: —A—L, 20IDD /d -,57A (,�e—,5-% r'o ijc�j4 -/`snz YPhone #: l -41� TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y.11968 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. THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: An1) AVP i 4411,/AWS (written in words) (written 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified. check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Date: Business Address: U Roller Hockey /R, ink / ,/' /e//jl� 719 j TG's 6f;1—Zg ,�r D�%`1 -//►plc OQ� lrkirwo 77,*Vc' xn"7a OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or ndt 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 n Resolved tha T 2_tZ of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to ran -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 1 copy of the resolution adopted by(�h 5- ��c. ton nn.S 1.'175 �i� :L- /n corporation at a meeting of the Board of Directors, held on the 7 day of yd -A 4:/ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 761, Sea 103•d, as amended (Signature) effective September 1, 11965 Roller Hockey Rink E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ and, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 will obtain from each of my subcontractors and submit to the contracting or administering agency prior tgVe award of any subcontractor under this. contract the subcontractor certification eq fired by these Bid Con ' ' . ntative of Bidder) Roller Hockey Rink F-1 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Construction Consultants Ll, NY, 125 A Broadway, Port Jefferson, NY 11777 as Principal, hereinafter called the Principal, and the Universal Bonding Insurance Company of 518 Stuyvesant Ave., Lyndhurst,NJ 07071 , a corporation duly organized under the laws of the State of NJ , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold PO Box 1179, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% of amt bid --------------------------------------------------------------------- Dollars ($ 5% of amt bid ) , 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 Roller Hockey Rink Facility @ Peconic Lane, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31 day of March 2000 IRZ.lW-,.!44 Lei//L..04 Construction (tants U, NY, 125 A Broad ort Jefferson, NY (SeaI) thcipal Title Universal Bonding Insurance Company ��Attorney-in-�Fact THERESA SBURKS A`-T0R14EY iWFACT Individual Acknowledgment State of a County of u On this day of , 19 , ,before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of New York County of Nassau . On the31 day of March of the year 2600 before me personally came Joel tt-zk=itz to me known; who being by me duly sworn, did depose and say that he/she/they reside(s) in Q1j-Cr=.1=_ _ _ _ _ that he/she/they is (are) the Aresient of the nns+rnictinn ('nncnitarsi-a T.T T„cthe corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/he7`1 ir name(s) thereto by like authority. M commission expires OARYL HAMILTON Y xP s1 public, state of New Yo* No. 5007879 Notary alified in Nassau county Surety Acknowledgment State of New York County of Nassau On the 31 .. day of March . of the year 2000 before me personally came •tn,�r,,......�.._t_.. tome known, who, being by me duly sworn, did depose and say that he/she/they is an attorney in fact of Universal Bonding Insurance Company , the corporation described in and which executed the within instrument; that he/she/they know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she/they signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standin a olution thereof. My commission expires pppYt, HAMIOf LTON ew V0* N P lic lwtotery Public, uN0.5007879 'SWO Nry Camn�ion expires Feb. CO" -94 � 0 I POWER OF ATTORNEY POA No.:UB 008800 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desires. That UNIVERSAL BONDING INSURANCE COMPANY, a New Jersey corporation (sometimes referred to as the "Company"), does hereby make, constitute and appoint Louis J. Spina, Anthony J. Panno, Anthony M. Spina, Daryl Hamilton, Theresa S. Burke, Donna Davis & Denese Thompson in the City of Syosset in the State of New York its true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS FIVE MILLION DOLLARS ($5,000,000.00)*""**""**......*"****'*"***...... The acknowledgment and execution of such bond by the said Attorney -in -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly -elected officers of the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of, but until such time shall be irrevocable and in full force and effect. ' That,UNIVERSAL BONDING INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Universal Bonding Insurance Company, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations Universal Bonding Insurance Company (hereinafter referred to as "the Company") shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the Company. The signature of any such officer and the corporate seal may be printed by facsimile" (Blue shaded area above indicates authenticity) The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement or letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of the Universal Bonding Insurance Company specifically authorizing said increase. IN WITNESS WHEREOF, the UNIVERSAL BONDING INSURANCE COMPANY has caused these presents to be executed by its President with its corporate seal affixed this _ 1 day of March 7000 State of New Jersey ) SS County of Bergen ) On this 31 st day of December, 1998, before me, a Notary Public, personally appeared Richard G. Adams and Margaret A. Nicosia who being by me duly sworn, each acknowledged that they signed the above Power of Attorney as the President, and Secretary, respectively, of UNIVERSAL BONDING INSURANCE COMPANY and acknowledged said insent to be the voluntary act and deed of said co tion. "Pi Kimberly M. DiBlasi, Tuy Public KIMBERLY M. DiBLASI NpTARy NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 3, 2003 AV B IAG J - JE_RS UNIVERSAL BONDING INSURANCE COMPANY Ae 09-6.0 0&0 By: Richard G. Adams, President CERTIFICATE I, the undersigned officer of UNIVERSAL BONDING INSURANCE COMPANY (the "Company"), a stock corporation of the State of New Jersey, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, except that the same shall terminate if not used, all as set forth above; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of UNIVERSAL BONDING INSURANCE COMPANY this 31st day of Decem , 1998. By: Ii =V•.FP"--- Margaret A. Nicosia, Secretary L BONDING INSURANCE COMPANY FINANCIAL STATEMENT kS OF DECEMBER 31,1998 ASSETS Investments — $4,987,329 Fixed maturities Equity securities Common and Preferred Stock 1,672,934 Investments in wholly-owned subsidiary 5,964,947 12,625,210 Cash and short-term investments 787,586 Collateral deposits 11,454,946 Agents'balances 1,560,771 Contract funds receivable 531,561 Reinsurance recoverable on paid losses 11,094,104 Electronic data processing equipment, net 121,745 Goodwill 607,199 Other admitted assets 627,714 TOTAL ADMITTED ASSETS 3992899091 LIABILITIES AND SURPLUS LIABILITIES: Reserve for unpaid losses and loss adjustment expenses 12,950,779 Unearned premiums 1,762,180 Collateral deposits due contractors 11,454,946 Accrued expenses 534,512 TOTAL LIABILITIES 26,702,417 SURPLUS: Common stock, par value $2.76;1,268,110 shares Authorized, issued, and outstanding 3,500,000 Additional paid -in capital 1,588,769 Unassigned surplus 7,497,905 TOTAL SURPLUS 12,5869674 TOTAL LIABILITIES AND SURPLUS 3992899091 I, Robert A Nicosia, Chairman of the Board of Universal Bonding Insurance Company, do hereby certify that the above and foregoing statement is a full, true, and correct exhibit of the assets, liabilities, capital stock, and surplus of the said company on the 31" day of December, 1998 according to the best of my information, knowledge and belief. :Vb, .......rSN' 0.0fNew ke ofBagen �ibscbaLand S before me iAl f 1999. Robert A. Nicosia ,57H TOTH Chairman of the Board OF NEW JERSEY SIRES JULY 13, 2003 PROPOSALFORM NAME OF BIDDER: Mid -Isle Contracting of LI Inc. DATE: 4-6-00 819 15th Street, Ronkonkoma, New York Phone #: 631 981-2642 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: - - ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: FOUR HUNDRED SIXTY NINE THOUSAND ONE HUNDRED THIRTY EIGHT DOLLARS $469,138.00 (written in words) (written in numbers) NOTE-. Bid Qualification, substitute galvanized dasherboard in lieu of wood per manufacturers rec And he further agrees that if this,proposal shall be accepted by the Town and that if he shall refuse, fail ormdation. neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, -shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified. check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that t forty-five (45) days, the Town will accept period. Signature of Bidder. Business Address: remain in effect for a period of Irpgment may extend this time Ronkonkoma, New York 11779 R-Nor`Hockey Rink STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained. in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that George Guidi,PresidentofMid-Isle Contracting of LI Inc. be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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. 761, Sec. 103-d, as amended effective September 1, 1965 Mid—Isle Contracting of LI Inc. 24th day Roller Hockey Rink 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 Mid -Isle Contracting of LI Inc. (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ Laborers Operators and, 2. a. 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: we will supply if low bidder ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part Il, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: we will supply if low bidder 3. 1 will obtain from each of my subcontractors and administering agency prior to the awar of any s subcontractor certification require b ese Bid G. Guidi, President (Signature of Authorized Rep ser Roller HocVkv Rink ; and, to th ontracting or act rider this contract the F-1 AWAA NAIPM RLI Insurance Company December 31, 1999 Pigs cox 3867 Poorfs, 41*1019 61672.3967 /10.9J 692.1000 Admitted Assets Liabilities and Surplus Invo4ttn nu: uebllitlest Fixed Mmotiss ...... . ............... . 4 160,671,863 Reserve for unpald losses and Iasi Equity sawdtles .. . . . ... . ... . . . . . . . ... . 320,340,296 adfwtment wmensaa .................. 6 174.468,713 shartierm Investments .................. 26,409,496 urlaerned premiums . . .. . .. .. ... .. . . . . . . . 91.136,794 Real am" .......................... . .. 6.870.760 ACCNad aspens as ... , ............ 19,848,627 collateral leans . . ................. Fadarel Income taxes payable . . . .... .. . . . . . -- Cash on hand and on doposh ................. (1,336,1331 Funds held ........................ , .. 1,146,830 Ottw Inveated sosete ...................... 10.466,121 Amounts withheld ...................... 3.669.366 Atom' balances ......................... 12.933,171 Scgtatnry penalties. It , . , , . . , , , , , , , . . . . . . 271,200 Mv-vnent Income due end aoorged , . , ......... 3,764,448 payable to Willow ......... I ...... .. -- Federal Income tax recoverable . . . .. . . . . . ...... 326.767 Drafts outstandino ...................... (1,261.4791 Aaln"Arwo reeaversbk an paid losses .......... 6,046.006 Ndwanla data pf0e366(np sgtdpptant, Total LIabl"so ................... . . . .. , .. 4 326.201.106 M of saeu"ndsod depredation ........... , 6,04866 Reaalveble from offmates ........... . ...... 1 4,021,200 Other adm tnd assets ..................... 38,204.069 awrplu4t comma" otoek .......... . ...... . . . a 104000,379 Total A40dttO Assets ......... I ........... 6 612647.947 AddWof*i p414-ln capital .................. 67,676,474 tlnaasignod sutvlus ................... o. 223.670.992 Stats of 01701s ss County of Peoria Total Surphis .. , .... , ........ . ........... a Z80,244,841 Tani Usbilities and Omplas . ................ . 4 612,847,947 MO undarsjgped, being duty sworn, says. That he Is the Presldent of RLlInsuronce Company; that sold Company is a. aorpomdon duly organized, v4sting and engaged In business In the State of -NEW YORK and has duly comprod with all tho requirements of the laws of sold State applicable of said Company and is duly quamed to act as Surety under such leww that said Company has also eompW wJth and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.0 sec. 6-13; and that to the best of h1s knowledge and bepef the above statement Is fvA, true, and correct statement of the Ananclal condition of the said Company on the 31st day of December 1999. Attest; President Co orate Jonathan E. Michael eat Affixed Secretary Camille 7 k*17SBY Sworn to before me this 15th day of February 2000, "OFFICIAL SEAV Notarial RSR 4 MOOMOMGRY C/MMIs110f6Op'AfE!<Otlo� At'I'Ized • otary Ppbllc Crrorfe L. Mon d �tata of Oa's MY eommitakrt E,rAWS nwr Z 2001 M0068200 D I V I S 1 0 N 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: POWER OF ATTORNEY BOND NO. RNS- 0104646 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint LOUIS J. SPINA, ANTHONY J. PANNO, NICOLE GRUTER, DARYL HAMILTON, DONNA DAVIS, THERESA BURKE, ANTHONY M. SPINA, BARBARA WALKER, DENESE THOMPSON in the City of ST. JAMES , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. State of Illinois SS County of Peoria `0111111 rrrh %��NNCE cot",, OaPORA Grc<`• : y SEAL 00 LrifN.10, On this 1st day of January, 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. Notary Public "OFFICIAL SEAL" CYWHIA S. DOHM NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 02/24/02 RLI INSURANCE COMPANY President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 4 day of April , 2000. RLI INSURANCE COMP President SPA030 (6/99) dividual Acknowledgment date of ounty of On this day of ___120 , before me personally came to me known, and known to me o be the individual in and who executed the foregoing instrument , and acknowledged to me that he/she mecuted the same. My commission expires Notary Public --------------------------- Corporation,,A\\cknowled ment State of /�� County of /17 On the SItI'day of of the year 2000 before me personally came to me known; who b=which m, did depose and say that he resi e(s) i . Y that he is (are) theof the ,�,�,E - ,.mac �� , the corporation describeuted the aboVe instru ent; that he know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he signed his names) hereto by like authority. Maria G. Smith Notary Public State of N.Y. No. 4826625 - Suffolk n My commission expires Commission Expire Notary P blic , Surety Acknowledgment State of New York County of Nassau On the 4 day of April of the year 2000 before me personally came Donna Davis to me known, who, being by me duly sworn, did depose and say that she is an attorney in fact of RLI Insurance Company, the corporation described in and which executed the within instrument; that she know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standing resolution thereof. My commission expires turn -n O OIIQKE 1w Yofk aItet;,.. --!% -.�-� M MI do MENOM Nei' � �w�trr�rt��lt BOND with The American Institute of . A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Mid Isle Contracting of LI, Inc. and the RLI Insurance Company BOND #0104646 as Principal, hereinafter called the Principal, of One World Trade Center, Suite 4073, New York City, New York 10048 , a corporation duly organized under the laws of the State of Illinois , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, New York 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% Of The Amount Bid -------------------------------------------------------------- Dollars ($ 5% Of The Amount Bid ) , 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 Construction of Roller Hockey Rink, Peconic Lane Park NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4 day of April , Witness Witness Mid Isle Contracting of LI, Inc. 81915th Si/eet. Ronkonkoma. New YcAk 11779 Title RLI Insurance One World Tc�e Center. Ste { By aW&Az BaVC:L Donna Davis, Attorney -in -Fact 111 ♦ BIDDERS:INVITATIONTO • CONSTRUCTION 1 ♦ ► OF •ROLLER+ . r Zu -'Y RINK HOC" FACILITY Peconic Lane Park Peconic Lane Peconic, New it •r. r. • as II �■ • ■ e , • i DATED:MARCH 1, 2000e SOUTHOLD TOWN EN tE I �• t' i� • • • , .� Q! GINEERING DEPART i �;,�,40 INVITATION TO BID PROJECT: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic 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 Roller Hockey Rink Facility @ Peconic Lane Park, Pecconic 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 York11971. 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, New York 11971, until 10 AM, Thursday, April 6 ,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 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: December 7,1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Roller Hockey Rink A- 1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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. 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. Roller Hockey Rink B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, 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. 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. Roller Hockey Rink B-2 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. Roller Hockey Rink B-3 INDEX TO SPECIFICATIONS: BIDDING_ REQUIREMENTS Invitation to Bid A - 1 through A - 1 Instructions to Bidders B - 1 through B - 3 Index to Specifications C - 1 through C - 2 Proposal Form D - 1 through D - 1 Statement of Non -Collusion E - 1 through E - 1 N.Y.S. Affirmative Action Certification F - 1 through F - 1 AIA Bid Bond AIA Document # A310 Offer of Surety G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions AIA Document # A201 Supplementary General Conditions H - 1 through H - 2 General Release K-1 through K-1 Prevailing Wage Rates L - 1 through L - xx Non -Discrimination Clause M - 1 through M - 2 Compliance with the Labor Law & Other Dept. of Labor Regulations N - 1 through N -8 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work 1010 - 1 through 1010 -1 Construction Facilities & Temporary Controls 1500-1 through 1500 - 1 Substitutions 1600-1 through 1600 - 2 DIVISION TWO - SITE WORK Site Preparation 2100-1 through 2100 - 2 Earthwork 2200 -1 through 2200 - 3 Paving & Surfacing 2500 -1 through 2500 - 4 Site Grading & Seeding 2800 -1 through 2200 - 2 DIVISION THREE - CONCRETE Concrete Work DIVISION FIVE - METAL 3000 - 1 through 3000 - 2 Fencing 5500 -1 through 5500 - 2 DIVISION SIX - WOOD AND PLASTIC Rough Carpentry - Dasherboard Framing 6100 -11 through 6100 - 2 DIVISION NINE - FINISHES Dasherboard Facing 9650 - 1 through 9650 - 3 PLEXIFLOR In -Line Skating Surfacing System 9750 - 1 through 9750 - 3 INDEX TO DRAWINGS: (SEE ATTACHED) SP- 1 SITE PLAN A-2 CROSS SECTION DETAILS A-1 FOUNDATION Sz A - 3 DETAILS HOCI(EY RINK PLAN Roller Hockey Rink C-1 PROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 DATE: Phone 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 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Date: Roller Hockey Rink D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. Resolved that RESOLUTION of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 11958 be 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. 103-d, as amended effective September 1, 1965 day of Roller Hockey Rink (Signature) ,19 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, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 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) Roller Hockey Rink F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we tHere insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) 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 • (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee'.may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A319 . BID )ONO • AIA A • FEIRUARY 1981 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O.C. 20006 1 V MINWCk UnllowmW plwboopylfII v{o1Mn UL oollMrlplht lasts and 10 tllt11110M 10 food Pm"Cul on. OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 T H E A M E R I C A N I N 1' 1 'F 1' T E O F A R (; H I 'I F, AIA Dom tent 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 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. I CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA OOCIOMIT UN 6-01IN111" CONDMONS OF THE CONTRACT FOR'CONSTRUCTION *• FOURTEEM EDMON AIA* • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2WO6 A201-1987 1 WARNING: UnNowsmd plwWcoWM v1o1an U.S. eapyrWd Iwe rand N wAtiod to NOd pmewullon. INDEX Acceptance of Nonconforming Work . . 9 6.6, 9-93, 12.3 Acceptance of Vi'ork _ _ 9.6 6, 9.8.2, 9.9-3.9 10.1. 9. 103 Access to Work 3.16, 6 2 I , 12.1 Accident Prevention 4.2.3, 10 Acts and Otni.ssiona 3 2- I, 31.2, 3.32, 3- 1 2.8, i 18, 4.2.3, 1 3-'. -4 3 9, 8.3.1. 10.1 a, 10,2 5, 13 -1.2., 13 7, 1-4 1 Addenda I . I . 1 , 3.1 1 Additional Cost, Claims lot X4.3-6, 4.i ,. ^±3-9.6.1 i, to -3 Additional Inspections and besting .. 4.2.6, 9.8.2, 121. t , 13.5 Additional Time, Claims for ........... _ 4.3.6, 4.3.8. 4.3.9, 8.32 ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 9.5 Advertisement or Imitation to Bid ...................... 1.1 .1 Aesthetic Effect ......... .......... ... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 11.3-1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals ... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration ..................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2, 11.3.9, 11-3. 10 Architect ............. ............................ 4.1 Architect, Definition of. ........................... 4.1.1 Architect, Extent of Authority ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9-6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility . 33.3, 3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4, 9.8.2, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract .......... 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 .... 3.5.1, 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, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 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 -Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1, 3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16,3.18,4.2.3,4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1.1.2, 4.2-3,4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations ................. 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits ........ 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Asbestos.......................................... 10.1 Attorneys' Fees ........................ 3.18.1, 9.10.2, 10.1 .4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Pordalns of the Work .............................. 5.2 Bask:DeBnldons.................................... 1.1 Bidding Requittments ................ 1.1.1, 1.1.7, 5.2.1, 11.4.1 Boller and Machinery Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3-6.4,9.10.3,11.3.9,11.4 Contract Time, Definition of ............................ ALA DOCUUM ANI • GENSUL CONDITIONS OF THE CONTRACT FOR CONSTRUCnON • POIIR719M H ZdMON 2 A201-1987 AIAe • 019V THE AMERICAN IN.4T1'1'UTE OF ARCHITEC7B.1735 NEW YORK AVENIJti, N.W., WASHINGTON, D.C. 20006 Building Permit 3 711 Capitalization ......... .. _ 1.4 Certificate of Substantial Completion _ _ _ . _ - - 98.2 Certificates for Payment ..... - ,.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6. I , 9.6.6, 9.7.1, 9-8.3. 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Ce rtiticatcs of Inspection, Testing or Approval _ 3. 12.1 1, 13-S 4 Certificates of Insurance . . . . . . . . ... . . 9.3.2, 9.10.2, 1 1 .l .3 Change Orders .... 1 1 1, 2 4 1, 3.8.2.4, 3.1 1 , 4.2.8, 4.3.3, 5.2 3. 7.1, 7.2, 7.31, 8.3.1, 9.3.1.1, 9.10.3, 11.3 L2, 11.3.4. 113 `), 12 1? Change Orders, Definition of .... . ........ . 7.2 1 Changes ........................................... 7.1 CHANGES IN THE WORK .... 3.1 1, 4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3-6,4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional 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 Claims Subject to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 Cleaning Up ................................... 3.15, 6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ..... -.2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.11, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... 4.2.9, 4.3.5.2,8.1.1,8.1.3,8.2-3, 9.8, 9.9.1, 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11. 1, 11 .3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7, 6.1.1 Consent, Written .................. 1.3.1, 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, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. 7.3.1 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's ............... 3.10, 6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3-7,5.4.1.1,14 Contract Administration ..................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, 3.10, 5.2, 9.2, 11-1.3, 11.3.6, 11.4.1 Contract Documents, The ....................... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of... 1.3, 2.2.5, 5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Performance During Arbitration ............ 4.3.4, 4.5.3 Contract Sum ................... 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 6.1.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3. 14.2.4 Contract Sum, Definition of .. . ......................... 9.1 C6ntraet Time ................. 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 8.1.1 WARNING: UnilcermW plhotooWfing v(oiatss 111111. copyrlpht laws snd is aut d b Ispat prveecu on• CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Bid ..... 1 1A l ............... Contractor's Construction Schedules .. .... 3.10, 6.1.3 Contractor's Employees ....... 3.32, 3.4.2, 3.8.1 , 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10 3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ............ ..... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces . - .... 2.2-6, 3.12 5, 3. 14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ... . - . 11.4, 3-3.2, 3.18.1, 318.2, 5.2, 5.3, 5.4, 9.6.2, 11.3-7, 11.38, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.8316,3.18,4.2.3,4.2.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations .. 1.2.2,3.5-1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 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, 11.4.2, 11.4.3 Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Construction 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, 11.2.1 Coordination and Correlation ............... 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 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, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 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, 6.1.1, 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 11.3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18,4.3.9,6.1.1,6.2.5;8.3.2,9.5.1.2 , .18,4.3.9,6.1.1,6.2.5;8.3.2,9.5.1.2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5.1 Definitions ...... 1. 1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, 4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 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 .............................. 1.1.5 Drawings and Specificaiions, Use and Ownership of ..... 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions ..... 3.2 Effootive Date of Insurance ...................... 8.2.2,1 1.1.2 Emergencies 4.3.7, 10.3 Emplovees, Contractor's _ _ 3 3, 2, 3 41, 3.8_ 1. 39; 3.18.1 . 3-18.2, 41 S. 4 2,o, 8 12. 111.2, 10.3. 11.1.1, 14.2.1 1 Equipment, Labor, Materials and _ I - I .3, I 1 0, 1 4, 3.5 1 . 3.8 2, 3. 12), 3, 1.12 -,. 1. 12.1 I, 3, 13, 3, 15 1, 4?_7. 6.2.1, ,.3.6, 9.3.2, 9-3 _3, 11.3. 12 2.1, 1-+ Execution and Progress of the Work . - . _ .. 1 . 1 ._i, 1 2 3, 3 2, 3.4 1 . 3.5.1, 4.2 2, 42 3, 4 3 4, 4.3.8, 6.2 2, 7 1 3. 7.3.9, 8.2, 8.3. 9.5, 99 1, 10 2, 14.2, 1 � 4 3 Execution, Correlation and Intent of the Contract Documents .... 1. 2, 3. ; 1 Extensions of Time 4.3-1, 4.3.8, 7.2. l .3, 8.3, 10.3. 1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner 4.3.7, 9.7, 14.1-3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9. 10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 1 1.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ 10.1, 10.2.4 Identification of Contract Documents ................... 1.2.1 Identification of Subcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Information and Services Required of the Owner..... 2.1.2, 2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7.1, 4.2.2, 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13.5 Instructions to Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, 4.2.8, 5.2.1, 7, 12.1, 13.5.2 Insurance ....... 4.3.9.6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery .................... 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance, Effective Date of ..................... 8.2.2, 11.1.2 Insurance, Loss of Use ............................. 11.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance, Property ........................... 10.2.5,11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1 A INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1, 11.3.11 Insurance Companies, Settlement with ................. 11.3.10 Intent of the Contract Documents ................ 1.2.3, 3.12.4, - 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest ........................................... 13.6 Interpretation ........ 1.2.5, 1.4, 1.5, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written .................. 4.2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 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, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens .................. 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation or Joinder ................ 4.5.5 Limitations, Statutes of ................... 4.5.4.2, 12,2.6, 13.7 Limitations of Authority .................... 3.3-1,4.1.2,4..2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11-3. 10 AIA DMNM NT J2010-00 MAL CONDITIONS OF THE CONMCI` FOR C NTRUC nON • FOURT1381C - ED117ON AtA0 a 01967 THE AMMUCAN INSTITUTE OF ARCHrMCTS,17SS KW YORK A1INM NX. WASH(NOTON, D.C. 20006 WARNING- Uttlkfa1 WWA0080Vlna v101610S U,fi, 0004daht latl(isww is wAlm to Npal pmeecutlon. A201-1987 3 I.intitatlolls ol IJANIIIN _ 2 i, 1, 21, 3.5 1, 37.3, 3.12.8, 3.12.1 I, i 1'. 3.18. 4.2.(x, 927, 4.2.12, 6.22. 9.42, 96.1, 9.10.4. 101-4,10 2',,11.1.2,11.2.1,11.37,134.2,13.5.2 Lunnauons of I'imc, General _ 2.2 1, 2.2.-1, 3?. 1, 3.7.3, 3.8 2, 3 10, 3.12.5, 3.15.1, -1.2.1, 42 ?, 42.11, 43.2. 4 1 3. A iA,4 3.0, 4.3 9. A 5.42, 5.2.1, 5.2.3, 6.2,4, 73.4, 7.4, 8 2, 9.5, 9.02, 9.8, 9.9, 9-10, 1 1. 1 .3, 11 3.1, 11.3.2, 11.3.5. 11.3.6, 122.1, 122.2, 13.5, 13.7 I.nnhations )I Timc. Specific ... 2-1 .2, 2.2.1, 2.4, 3.10, 3.1 1, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 14 .5, 5.3, 5A, 7.3.5, 7.3-9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3-10, 1 1.3.1 1, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Loss of Use Insurance ...... ...................... 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 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 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3. 11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4. 1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13-5.1,13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On -Site ................. 4.2.2,4.2-5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 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, 9.4.2, 9.8.2, 9.9.2, 9. 10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12. 1, 12.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2, 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1, 4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Owner's Liability Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 OWner's Relationship with Subcontractors ............... 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Own*ea RIWt0 Cieae 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, 3 Owner's Right to Suspend the Work 1 4 i Owner's Right to Terminate the Contract 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.1.1, 1.3, 2.2.5. 5 3 Partial Occupancy or Use 9 6 6.9.9, 1 1 1 1 1 Patching, Cutting and 3.14, 6 2 o Patents, Royalties and 3.17 Payment, Applications for 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of .......................... 4.3.7,9.5.1-3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ........... 4.2.1, 4.2.9. 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1 Payment Bond, Performance Bond and .............. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB.............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices ....... 2.2-3,3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Definition of ........................... 3.12.2 Product Data and Samples, 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, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 Project Representatives ............................. 4.2.10 Property Insurance .....:..................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work ......................... 3.5.1, 4.2.6, 12.2 Releases of Waivers and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5.1, 312.7, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9. 10.1 Representatives ............................ 2.1.1,3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibility for Those Performing the Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage ............... 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1, 3.10.2, 3.1 1, 3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Rights and Remedies ............. 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6. 1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents ............................... .8.17 AIA DOCUMENT Ag01 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION a FOURTEt1NTH EDITION 4 A201-1907 AIA* a ©1997 THE AMERICAN INSTI7'lrm OF ARCHITECT8,1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 WAfiNINti' IIMM>�awA nhM�nnewlnn ,A�iwfwt 11 A w�wwnlnM Iwww w�wl N NAdwM M 4nw1 �www�Alnn Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs 1 2 3. , 2 -, 10.1 Samples, Definition of 3 12 3 Samples, Shop Drawings, Product Data and 3 1 1.3.12, 4.2 Samples at the Site, Documents and . 3.11 Schedule of Values 9.2, v 3 1 Schcdulcs. Construction 3J o tirparate Contracts:uxl Contractors .. I I -1.3.1-1.2. -1 2 1, 4.55, 6, 1 1.3 12 1 2, 121.5 Shop Drawings, Definition of . ..... . .... .. 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2 .7 Site, Use of .............................. 3.13, 6.1.1, 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, 9.4.2,9.5.1,9.8.2,9.9.2,9.10.1, 13.5 Special Inspections and Testing ............. 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1,1.1.6, 1.1.7, 12.4, 1.3, 3.11 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 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, 12.2.4 Subcontractor, Definition of. ...... ... ... .. 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, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 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 Sutlrogsdon, Waivers of ................. 6.1.1, 11.3.5,11.3.7 Substantial Completion .............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ........................... 4.1.3 Substitutions of Materials ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.6 Supervision and Construction Procedures ...... 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, 10, 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 tiuspension of IIIc work -i 5.9. 2, 1 1. 1 _1 1, 1 1 i Suspension or'fCnlination ofthc C.omraC't I.3 ,, 5.-1. 1 1 Taxes . . 3.6, , 3,0 1 Termination by the Contractor 14.1 Termination by the Owner for Cause , 1 1, 14.2 Termination of the Architect A 13 Termination of the Contractor . . .... ... . . .. . . 1 1,2 2 TERMINATION OR SUSPENSION OF THE CONTRACT . 14 Tests and Inspections 3 3.3, 4.2.6, 4.2.9, 9.4.2. 12 2 I , 13.5 TIME..................... ...... .. 8 Time, Delays and Extensions of ..... ........ 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Limits on Claims ......... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................. 9.3.2,9-3-3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10.1 Unit Prices .................................. 7.1.4, 7.3.3.2 Use of Documents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6.1.1, 6.2.1 Values, 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, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens ....................... :............ 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 Warranty and Warranties ......................... 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3 Weather Delays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3.1, 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, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations ................... 4.2.11, 4.2.12, 4.3.7 Written Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Written Orders .............................. 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA* • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 =11-1987 5 WARNING: Unlicensed photocopying violates M& copyright km and is ad*d 10 WO prosecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by 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 oragreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip - mens, construction systems, standards and workmanship liar the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Ov,,ner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have 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, SPECIMATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCURMT A201 • MINERAL CONDITIONS OF THE CONTRACT FOIL MISTRUCTioN • FOURT9 MTH EDM ON 6 A201.1967 AIA• ' • 01987 THE AMERICAN WSTnUM OF ARCHM'EC7S.1735 NEW YORIf AVff A N. V.. WASH040TON. D.C. 20006 WARNING: W dlostteed PhotocoovIna vlo on U.S. ooruvdaM bm and Is ndtleot to hilworasectimm. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made undo this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the 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 rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, lbe prospective contractor would not be required to execute The Agreement or to commence The Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner Shall! secure and pay for necessary approvals, easements, assess- ments and charges required pix construe tion, use or occup:uicv of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner ,vith reasonable promptness w :avoid delav in orderly progress of the Work 2.2.5 t'nless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessan for execution of the: Work. 2.2.6 -I-he foregoing are in addition to other duties and respon sihilities of the Owner enumeratcel herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article I I (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 Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such 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-day 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 defi- ciencies, including compensation for the Architect's additional services and,expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AIA DOCUMM A201 • GENERAL CONDMONs OF THE CONTRACT FOR CONSTRt1CT10N • FOUR18mm EDmoN AIAe • 01967THE AMERICAN INSTITUTE OFARCH TECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 7 WARN*9 : UnNow ed phot000pybta w *ms IM oopyrWd bm end Is sublM so tpa prosecution. Ey 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 and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con tractor performs any construction activity knowing it involves A recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall hear an appropriate amount of the attributahlc costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be 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 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contracti or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good oder 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. 3.5 WARRANTY 3.5.1 The Contractor vwarrants to the Owner and Architect that materials and equipment furnished under the Contract will be Of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized. maw he considered defective. The Contractor's warranty excludes remedy for damage or detect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisf ictory evidence as to the kind and quality of materials and cyuipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 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 therewith, 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- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA OOGIMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 8 A201-1987 AIAe - C 1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVBNUIL N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed phot000pVIng vk*dos U.S. oOPVfWd Idem NW 18 s A*d 10 Ispel proNOutlott. .3 Contracto(s costs lot unloading :incl handling :u the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance :uiiounts shall be included in the Contract Sum and not in the allowances; .4 -,\,hencver costs are more than or less than allowances, the Contract Sum Shall he adjusted accordingly b% Change Order- The amount of the Change Order shall reflect (1) the difference hcm-cen actual costs and ill(- allowances heallowances under Clause 3.8.2.2 and (2) change, in Contractor's COSI; under C13uSC 3-8.2.',. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten dent and necessary assistants who shall he in attendance at ill(- Project heProject site during performance of the Work. The superinten dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review 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 order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, 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 a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for \vhich submittals arc required the wav the Conuactor pntposes to conform to the information given and the design concept expressed in the Contract Documents. RCVicvv by the Architect is subject to the limitations of Subparagraph 1.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in [tie activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 '1 he Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data. Samples or similar submittals until the respective submit tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The 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 thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria Of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 . USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The (Contrac- tor shall not cut or otherwise alter such construction by the AIA 00MOMT AM • GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION r*FOURTMINTH EDMON AIAS • ©1987 THE AMERICAN INSTMrM OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WAHNINO: UMIowmd piwlocopong vlolstes U.S. copye4W Uiw rima M ~ to $@W pern. A201.1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against 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 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 Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount of type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.8 The obligations of the Contractor under this Paragraph 3.18 Shall not extend to the liability of the Architect, the Archl- text's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE .4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden tified 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. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con - AM • GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A2014987 AIAO • O 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. WOW WARNIN : UnNanNd pboUMPIM 9 vloU N U.B. otlpgtlpM &M OW Is Su*d 00 Ipd Pttonealtlon. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- 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 the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require 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. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 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 as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- 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. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the, Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern ing performance under and requirements of the Contract Documents on written request of either the Owner or Contras tor. The Architect's response to such requests will be mads 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 niched 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 deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation Of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) 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 condi ion giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA OOCIN OW A201 • GM49M CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDMON AIAO • ©1987 THE AMERICANINSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 2OW6 A901-1987 11 WARNM: UnNownwi photocopy" vioWa U.B. oopyilght laws snd Is Mblscl ib Ispd ptosecuUm. 4.3.4 Continuing Contract Performance. Pending final resp lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Chvner except those arising from: .1 liens, Claims, security interests or encumbrances aril ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 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 materi- 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 Contractor's cost of, or time required for, performance of any pan 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- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Stun, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 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 shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved 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 in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitrattion may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA OOCUMENT;A201• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 12 ANI 1987 A1Ae • ®1967 THE AMERICAN INSTITUTE OFARCHITECTs, 1735 NEW -YORK AVENUE, NX. WASHINGTON, D.C. 20006 WARNING: UnIfeensed ohotocoovina violates U.B. coovdaht laws and la wblect to rsaN otosecutlon. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor 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 Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arhitration shall be filed in writing \vith the other party to the Agreement between the Owner and Con- tractor and with 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 final and binding upon the Owner and Contractor. If the Architect renders a decysion 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 pursuant to Paragraph 13.7. 4.5.5 Urnhatlon on ConedWedon or Joinder. 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 of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having .jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A parte who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may he entered upon it in accordance with applicable law in any court having jurisdiction thereof. 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" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall fumish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal 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 objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA 00010MIT A901 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTBENTN EDITION AIAs • O 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 A2014987 1.3 WAFtMNG: Unneenasd ohotoaomMa violates U.S. ebovdaM Ism and Is eubWd to lead otoaecuHon. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 13y appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward (tie Contractor all the obligations and responsibilities which the Contractor, by these Docu ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to he performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allo�� to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner- Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 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 AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contr2ctor who executes each separate Owner -Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless othenvise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- 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 borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 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 43 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 maintaining the premises and surround- ing area 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. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR C6N57RUC nON • FOURTEENTH EDITION 14 ANI -I 87 AIAO •01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNMKi: UMicetaad phol000pying vloMM U.S. copytlphl laws and Is w Iiik410 Npal plo"adlon. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the \C'ork ntay be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for It minor change in the Work, subject to the limitations stated in this Article , and clscwhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement anxong the ONv mer, Contractor and Architect; a Construction Change Directive rcgttires agreement by the Owner and Architect and may or may not be agreed to by the Contractor, an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 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 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequendy agreed upon; cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or as provided in Subparagraph 7.3.0. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery 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 .5 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 decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOtXlMP.NT A201 0 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 0 FOURI;N7'H mm ON AIA* • O 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHIN&ON, D.C. 20006 WARNING: Unlicensed Ph0W00pyln9 vI0IMS U.B. ooPltApM Isws OW Is 060d 0011"1111 P1111109MUOn. A201.1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor change:, in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner alld Contractor. ']'he Contractor shall carry Out ,tech �writtcn orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time iv the period Of time, including authorized adjustments, allotted in the Con tract Documents for Substantial Completion of the 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 the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 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 reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 'I he Contract Sum is stated in the Agreement and, includ ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated tO v:u-ious portions of the Work, prepared in such fern and sup ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect. shall be used as a hasis for reviewing the Contractor's Applica tions for Pavment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 a GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION a eUURTtMNTH EDITION 16 ANI -1987 AIAO • C 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING- Unticemed ohofocoovkm v[Mnten U.R. ennvdnht tewie end In NUARM M I*dal 6ftWO NNnn. Chvner .i Certificate firr Payment, with a copy to the Contrar tor, for such amount a the Architect determines is properh due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Arc'hitect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's kno'k edge, information and belief, quality of the Work is in accor- dance xvith the Contract Documents. The foregoing represents tions are subject to an evaluation of the Work for conformance With the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 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 Certificate 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 Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be coni- pleted for the unpaid balance of the Contract Sufi; .5 damage to the Owner or another contractor; .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 or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract ;Documents. 9.5.2 \\ hen the above reasons for withholding certification arc removed, certification will be made for anwunts prcviousl\ withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment. the Ov,,•ner shall make payment in the manner and within IIIc time provided in the Contract Documents, and shall so notifN the Architect. 9.6.2 The Contractor shall promptly pay each SUbComraCtor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's per tion of the Work, the amount to which said Suhcontractor i, entitled, reflecting percentages actually retained from payment, to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement With each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac tor, if practicable, information regarding percentages of com pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 if the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Stun shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy .or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete ' all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUTAENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEI N111 EDITION AIAe ' • ©1987 THE AMERICAN INSTITUTE OFARCHIT CM, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: UnNesn"d phot000p"V violater, U.S. copyAQitt bwe and is wA"d to kpN ptoeuwt on. A201-1987 17 nated portion thereof is substantiall} complete. if the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or 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. 9.8.3 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- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is.=44y for final inspection and acceptance and upon receipt of areadfinal Application for Payment, the Architect wW promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract DOCU- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Suhparagraph 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 been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form 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, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contracior, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. AiA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 18 A201-1987 AIA* • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.V., WASHINGTON. D.C. 20006 WARNING: Unllosna W ohotocowAna vlolataa I. 9. oopytklht laws anti Is aubisot to IMM proaaaAbn. 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. . 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and 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 caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, st uctum and utilities not designated for removal, relo- cation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting clanger sighs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activitic, 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 Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 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 shalt be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any pan 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 compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, . disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOtXIMM A201 • GENERAL CONDITIONS OiTHE CONTRACT FOR CONSTRUCTION • FOURTEEN'!!! EDITION AIAO • 01987 THE AMERICAN INSTITUTE OF ARCWTECI'S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 19 WARNING- UnRMUW plWWWpOV vlolotos U.S. oopyr101at Mow tend M twblsot to MOM pmew logy. .2 claims ti,r damages because of bodily injurv, occupa tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims lior damages insured by usual personal injure liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to emI)IOVnu'nt of such person by the Contractor, or (2) by anuthcr person; .5 claims for damages, other than to the Work itself, because of injure to or destruction of tangible prop erty. including loss of use resulting therefrom; .6 claims for d:unages because of bodily injury, death of a person or property damage arising out of owner ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11. 1.2 The insurance required by Subparagraph 1 1.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained 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 remain 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 Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by. all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity uthcr than the Ov'ncr has an insurable interest in the prop<rt\ required by this Paragraph 11 i to be covered, whichever i� earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy Norm and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false work, temporary buildings and debris removal including demolition occasioned by enfiorcement of -any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be requircd unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop crt} insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 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 increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- 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 the Work in transit., 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all -rights of action against the Contractor for loss of use of the Owner's property, including consequential posses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA OOdIlMiNT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • POURTEENTH'EDITION 20 A0114987 AIA* 4 01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING#: Urdlowo"d photocopykV vlolrates U.B. oopyApht Ntrtat MW Is &IIII" 1b Neal PM60Wtloe. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- co during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 1 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by cndorscmcnt or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, 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 Walvem 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 employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such 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. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as 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- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. if after such loss no other.spedal agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall havc po\vcr to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power, if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with nsureI:~ in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in, . wcordince -,with Panigraph 9.9 shall not commence until the insurance company or com panics providing property insurance havc consented to such partial occupancy or use by endorsement or otherwise. The O"vner and the Contractor shall take rctsonablc steps to obtain consent of the insurance comix.my or companies and shall, Without mutual written consent, take no action xvith respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected 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 after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the dste AIA DOOUMIENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTESM EDITION AIA* • 01987 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHWOTON, D.C. 20006 A2014987 21 WARNING, UnNexwomd nhM#vxwwAi%e v$Mstwn U.R. exmw Md Inm aid h fublaot to 1*0W 00066ciiiM n. for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the 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 arc not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor. should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such 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 caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 if the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which rase the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not, final payment ha's been trade. 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 Contractor" respectively bind them- selves, their partners, successors, assigns and legal represents 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 duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the•Arcthitect may observe such procedures. AIA OOaMAENT A201-• GENERALCONDITIONS OF THE -CONTRACT FO UCTION 0 FOURTEENTH EDITION 22 A201-1987 AIA* • ©1967 THE ANBRICAN INSTITUTE OF ARCHiTECTs, 1735 NEW Y�ICil1 SN & N N.V. WASHINGTON, D.C. z=6 WARNINA-. UnNrAnmd nhnt—AWAna y1010ss U.S. MWIk M bm end Is ad*d to 60" irnoMMIOn. The Owner shall bear such costs cxccpt as 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 �crured by the Contractor and promptly delivered to ill(- Architect heArchitect 13.5.5 It the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT 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 nut 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 Certifl- 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 final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for anv of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a 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 percent pf the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders -of a public authority having juris- diction; 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 - AIA DOCUMENT ANTI • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTBtiI M EDITION AIA- • 01987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 23 WARNING: UeM ameed OwWcopoi%; vlolstss U.S. W ftM9M Isms and Is sublM to ftM pfflam lon. tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor, .2 accept assignment of subcontracts pursuant 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 one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible, or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT ASA" • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 A l-1987 AIAe • 01997 THE Amman INSTITUTE OF ARCHITECTS, 1733 NEVI/ YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unllewood photOOMInll vlolstea U.S. COPY pht laws MKI hi Mod 10 I"M pro secuum. 8187 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual -including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. Roller Hockey Rink H-1 2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate C. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. 3 Comprehensive Automobile Liability (owned, non -owned, hired): a. 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 Roller Hockey Rink 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: -- (Owner/Contracting 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 Attest: day of , 20 Principal: Roller Hockey Rink K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for ROLLER HOCKEY RINK at Peconic Lane Park Peconic Lane PECONIC, NEW YORK 11958 Roller Hockey Rink L-1 NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 1999A Date 12/16/99 T/0 SOUTHOLD PRC 9909143 SUFFOLK COUNTY 01 JAMES MCMAHON,EXEC. ASSIST. Location and Type of Project T/0 SOUTHOLD PROJECT ID #: NONE 53095 MAIN ROAD -TOWN HALL PECONIC LANE PARK ROLLER P.O. BOX 1179 HOCKEY RINK CONST. OF SOUTHOLD NY 11971 ASPHALT RINK,FENCE,BOARDS PECONIC LANE,SOUTHOLD,NY In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT WHEN 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 it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the Department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. This schedule is effective from July 1, 1999 through June 30, 2000. A new updated schedule will automatically be mailed to you each July 1 until we are notified that the project is completed or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF JURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this project, enter the necessary - information and return this page to Bureau of Public Work, Bldg. 12, Rm. 130 SOBC, Albany, NY 12240. PROJECT HAS BEEN COMPLETED/CANCELED: Date Signature Title For additional information, contact our local District Offices: Albany (518) 457-2744 Binghamton (607) 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-4878 New York City (212) 352-6088 PW -200 (6-98) Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 793-2314 White Plains (914) 997-9507 CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article S (Sections 220-223) of the New York State Labor Law: No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by 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 extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July 1st of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascertainable from such collective bargaining agreements. (See Sections 220.3, 220.5) It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio of apprentices to journey - level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey level classification of work actually performed. The contractor or subcontractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supplement rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 6. (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220-e(b)) Note: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (Section 220-e(c)) (d) The contract may be cancelled or terminated by the State , or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or anysubsequent violation of the terms or conditions of the antidiscrimination sections of the contract. (See Section 220-e(d)) 7_ (a) All contractors or their subcontractors shall provide to their subcontractors a copy of the prevailing wage rate schedule specified in the.public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 or the Labor Law. (See Section 220-e(d)) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW -3 (4-95). a ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the 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, flood or danger to life or property. You may apply to the Bureau of Public Work for a DISPENSATION permitting workers to work additional hours or days per week on particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. 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 or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 3. Social Security Number, 4. Occupational classification in which worked, 5. Hourly wage rate paid 6. Supplements provided 7. Daily and weekly number of hours worked in each classification 8. Deductions made 9. Actual wages paid. When payroll records are requested by the Commissioner, each payroll record must be affirmed as true under the penalties of perjury which means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must, within 5 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 every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under penalty of perjury, as provided by Article 8, 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 for three years from the date of completion of the project. . POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to its work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevailing journeyman's wage rate for that classification of work. WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. 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 14-a of the banking law per annum from the date of underpayment to the dhte of the new payment. and may also include the imposition of a civil penalty not to exceed 25% of the amount due. DEBARMENT:. When final determinations have been made against a contractor -or subcontractor in two instances within a six-year period determini#V that it willfully failed to pay or provide the prevailing rate of wa*es or supplements, or if there is one wilful violation that involves falsification of payroll records or kickback of wages, such contractor or subcontractor will be ineligible to bid on or be awarded a public work contract for a period of five years from the second final determination. CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits must post in a conspicuous place notices of such coverage in a form prescribed by the Workers' Compensation Board. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post notices furnished by the State Department of Labor. PW 19 (7-99) ley docm: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination. It is the responsibility of the contracting agency or its agents to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (4-95) docm: letterd VERIFYING THE REGISTRATION APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, State Office BuildingCampus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW -203 (7-99) docm: letter2e T/0 SOUTHOLD JAMES MCMAHON,EXEC. ASSIST. T/O SOUTHOLD 53095 MAIN ROAD -TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 SUFFOLK COUNTY AGY. OF JURIS. : TOWN NAT. OF PROJECT: OTHER NEW CONSTRUCTION -EXPLAIN Schedule Type COMPLETE 1999A Date 12/16/99 Prevailing Rate Case No. 9909143 01 PROJECT ID #: NONE PECONIC LANE PARK ROLLER HOCKEY RINK CONST.OF ASPHALT RINK,FENCE,BOARDS Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.22D.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 prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above ❑ Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. ❑ CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) ❑ Letter of Intent ❑ Contract Signed ❑ Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE ❑(U General Construction ❑ �02) Heating/Ventilation ((0411 Plumbing 05 Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number. Name: Address: City: Amount of Contract ❑ (03) Electrical State: Zip: 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 02 Heating/Ventilation El (03) Electrical �04) Plumbing ❑ Other Signature Date PW -16 (1-91) Page 1 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME 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: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given to the supplemental benefit requirements. Although inmost 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 When 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 the new 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 jurisdiction is required to provide a copy of the current annual determination. Should you have questions, please contact the Bureau of Public Work or visit the NYS Department of Labor's Web site at www.labor.state.ny.us for current wage rate information. WORKERS COMPENSATION In accordance with Section 142 of the State 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 Workers' Compensation Law.' -Contractor to be awarded contract must provide proof of Workers' Compensation coverage prior to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Workers' Compensation coverage in this state. Page 2 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- -Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as 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 Workers' Compensation coverage in this state, and the coverage must be listed under item 3A of the information page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a Workers' Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional information, please contact nearest BUREAU of PUBLIC WORK District Office or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. District Office Locations: Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work - Albany - Binghamton - Buffalo - Hempstead - Rochester - Syracuse - Utica - White Plains - New York City - Central Office OVERTIME Telephone# 518-457-2744 607-721-8005 716-847-7159 516-485-4878 716-258-4505 315-428-4056 315-793-2314 914-997-9507 212-352-6088 518-457-5589 FAX # 518-485-1870 607-721-8004 716-847-7650 516-485-0322 716-258-4708 315-428-4671 315-793-2342 914-997-9523 212-352-6186 518-485-1870 (7/06/99) Following is an explanation of the code(s) listed 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. ( AA) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly' rate after 8 hours per day. ( 61) Time and one half of the hourly rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional )tours. ( C ) Double the hourly rate after 7 hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( D1) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E0 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 during that week due to inclement weather. ( E3) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that 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 ---------------------------------- F G H I J K L M N 0 P 0 R S S1 ( T ) ( U ) ( V ) ( W ) NOTE: PAID 9909143 SUFFOLK i999A when a day is lost during that week due to inclement weather. Time and one half 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. Time and one half of the hourly rate on Sunday. 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. Two and one half times the hourly rate for Holidays, 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. Triple the hourly rate for Holidays, if worked. Four times the hourly rate for Holidays, if worked. Including benefits at SAME PREMIUM as shown for overtime. Time and one half for benefits on all overtime hours. BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME 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: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th, and Labor Day. 6 ) New Year's Day, Thanksgiving Day, and Christmas Day. 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day. 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12.) Election Day. Page 4 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A --------------------------------------7---------------------------------------- ( 13 ) Presidential Election Day. ( 14 ) 1/2 Day on Presidential Election Day. ( 15 ) Veterans Day. ( 16 ) Day after Thanksgiving Day. ( 17 ) July 4th. ( 18 ) 1/2 Day before Christmas Day. ( 19 ) 1/2 Day before New Years Day. ( 20 ) Thanksgiving Day. ( 21 ) New Year's Day. ( 22 ) Christmas Day. ( 23 ) Day before Christmas. ( 24 ) Day before New Year's Day. ( 25 ) Presidents' Day. ( 26 ) Martin Luther King, Jr. Day. ASBESTOS WORKER WAGES(per hour) 7/01/1999 Asbestos Worker....... $ 31.61 OVERTIME: See ( C, O, T*, V ) on OVERTIME PAGE. * overtime code T applies to Labor Day only if worked. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See (.5, 6, 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 19.64 Apprentices Same % as wages of $ 19.64 ---------------------------------------------------------------- WAGES Rem./Abatement only*.... $ 22.00 *On mechanicial systems that are not to be scrapped. OVERTIME: Rem./Abatement: Time and One -Half after 8 hours per day and after 5 work days per week. Journeyman Rem & Abatement $ 4.00 9-12 BOILERMAKER Page 5 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- WAGES(per hour) 7/01/1999 Boilermaker ( 7 -hour day )............. $ 33.00 Boilermaker ( 8 -hour day )............. 34.95 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE for 7 -hour day. See ( D, 0 ) on OVERTIME PAGE for 8 -hour day. HOLIDAYS: PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, at quadruple rate. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 60% 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.96 plus 47% of wage rate 4-5 CARPENTER WAGES(per hour) 7/01/1999 Building Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. •1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 23.89 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 21.53 9-740 CARPENTER Page 6 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- WAGES(per hour) 7/01/1999 Carpet/Resilient Floor Coverer ......... $ 30.30 a+ OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked) - See Below. 9-2287 CARPENTER WAGES(per hour) 7/01/1999 Piledriver........... $ 31.55 Dockbuilder.......... 31.55 OVERTIME PAY: See ( B, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1456 CARPENTER WAGES(per hour) 7/01/1999 Marine Construction: Marine Diver .......... $ 38.79 " " Tender.... 28.67 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. ' Page 7 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- PAID: See ( 5, 6, 10, 11, 13, 16, 18; 19 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1456/D CARPENTER WAGES(per hour) 7/01/1999 Timberman .........$ 28.35 OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER The following Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 - Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: Carpenter ............... $ 29.13 Heavy/Highway: Carpenter ............... $ 29.13 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Page 8 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 16 ) on HOLIDAY PAGE. APPRENTICES ( 1 ) year terms at the following wages. Heavy/Highway Building 1st yr $ 11.65 $ 11.65 2nd yr 16.02 16.02 3rd yr 18.93 18.93 4th yr 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 20.59 Appr 1st & 2nd terms 14.31 Appr 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/1999 Elevator Constructor ..... $ 34.415 " Modern. & service... 28.575 Apprentice: (6) month terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 50% 60% 65% 70% 75% 75% 75% 75% 75% 75% OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY:MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman/Apprentice: Construction $ 10.855 Modern./Service 10.705 9-1 GLAZIER WAGES(per hour) 7/01/1999 Glazier ..............$ 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. Page 9 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folowing percentage of Journeyman's wage. 1st 2nd 3rd 4th 35% 45% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 17.21 Appr 1st term 8.61 Appr 2nd term 10.07 Appr 3rd term 11.14 Appr 4th term 12.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 35.25 Audio/Sound............ 34.25 35.25 OVERTIME PAY: See ( B, Q, V** ) on Overtime Page. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 4/29/2000 SWING SHIFT 4:30 P.M.to 12:30 A.M..... $ 40.19 $ 41.36 GRAVEYARD SHIFT 12:30 A.M.to B:A.M........ 45.01 46.33 HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 30% 35% 400/. 50% 60% 700/. SUPPLEMENTAL BENEFITS: (percents based on gross wages -others per hour) 7/01/1999 4/29/2000. 'Journeyman 43.5% + 43.5% + $ 5.43** $ 5.43** App 1st yr 15% + 15% + $ 3.13** $ 3.33** App 2nd yr 15% + 15% + $ 3.13** $ 3.33** App 3rd yr 43.5% + 43.5% + $ 5.43** $ 5.43** � Prevailing Rate Schedule Page 10 ' New York State Department of Labor ----------------------------------Case Number ----------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- App 4th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 5th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 6th yr 43.5% + 43:5% + $ 5.43** $ 5.43** , PUMP & TANK WORK 7/01/1999 6/01/2000 6/01/2002 JOURNEYMAN....... $29.22 $30.10 $31.30 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( 1 ) Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the following percent of journeymans rate. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 85% Supplemental Benefits : per hour worked. 50 1/2% of hourly rate 4-25 ELECTRICIAN For utility distribution & transmission line construction. WAGES (per hour) 04/04/1999 10/03/1999 Lineman / Splicer ....................... $ 30.50 * 31.00* Material Man ............................ 26.54 26.97 Heavy Equip. Oper....................... 24.40 24.80 Groundman ............................... 18.30 18.60 Flagman ................................. 13.73 13.95 OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. * APPRENTICES: 1000 hour periods at the following percentage of journeyman,s wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 601% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages -others per hour) 04/04/99 10/03/99 15 % + 15 % + $ 3.41 $ 3.79 Page 11 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- 4-1049 line ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES (per hour) 7/01/1999 Electrician $ 27.30 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.98 4-25m TREE TRIMMER - Line Clearance Specialist WAGES (per hour) 7/01/1999 01/03/2000 12/30/2000 01/06/2002 $ 19.02 $ 19.50 $ 19.99 $ 20.44 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 11, 16, ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.37+ 12.5 % 12.5 % 12.5 % 12.5 % 4-1049 IRONWORKER WAGES(per hour) 7/01/1999 Page 12 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- Structural...........$ 37.70 Riggers .............. 37.70 Machinery Movers..... 37.70 1. " Erectors... 37.70 OVERTIME PAY: See ( B, E*, Q, V ) on OVERTIME PAGE. * for 1st 8 hours, double time thereafter. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 20.55 21.15 21.15 21.75 21.75 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 22.33 Apprentices 17.88 9-40/361 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing & Metal Lathing .......... $ 31.45 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at the following wage rates. 1st 2nd 3rd 4th $16.00 $18.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 17.48 Appr 1st term 10.68 2nd term 11.68 3rd term 13.68 4th term 16.68 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental .............$ 34.04 S Page 13 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- Chain Link Fence....... 34.04 Guiderail Installation. 34.04 OVERTIME PAY: See ( A, D1, E*, Q, V ) on OVERTIME PAGE. *Double time after 7 hours on Saturday. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTALB_ENEFITS:(per hour worked) Journeyman $ 18.26 Appr 1st term 16.17 Appr 2nd term 16.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr 5th term 17.48 Appr 6th term 18.00 LABORER WAGES (per hour) 7/01/1999 9-580 Building Laborer: Except Abatement...... $21.28 + $1.59 addit.(Allocation to be determined) For Abatement See Below OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Abatement Only: ................ $ 22.00 Supplemental Benefits ( per hour worked )............$ 4.00 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group a 2: Asphalt Shovelers, Roller Boys and Tampers. � Prevailing Rate Schedule Page 14 ' New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A --------------------------------------7---------------------------------------- Group # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES (per hour) 7/01/1999 Heavy/Highway Laborer: Group N 1 ............. $ 25.67 Group ii 2 ............. 25.08 Group # 3 ............. 23.12 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T and other GOVERNMENTAL MANDATED off -shift work. OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.05 after 40 regular hours) 4-1298 MASON -Building WAGES(per hour) 7/01/1999 1/01/2000 Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.83 29.98 Marble Restoration Finishers ............. 14.82 15.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HOLIDAY: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5, 6, 1.1, 15 ) on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 50% __ 55% 60% 65% 70% .80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + wage percentage of $ 6.09 9-7/24 MASON - Building Page 15 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- WAGES(per hour) 7/01/1999 Building: Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of Journeyman's wage. _ 1st 2nd 3rd 4th 5TH (500 Hrs) 6TH (500 Hrs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.46 Appr 8.28 9-1Brk MASON -Building Unit Paving Work* * Shall include but not limited to: fired clay brick pavers, pre -cast con- crete slabs (london walks), pressed concrete pavers, cobble stone, all types of flagging, asphalt concrete pavers- asphaltic cement sand and stone aggregate, unit safety surface. WAGES(per hour) 7/01/1999 8/01/1999 Journeyman ..............$ 23.72 addit. Apprentice ( one year term ).... 20.07 .70/hr. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 10.76 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 Journeyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Prevailing Rate Schedule Page 16 New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------ -------- -- --- HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 1'1, 13, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.65 Appr Same percentage as wage. 9-530 MASON - Pointer/Caulker/Cleaner WAGES(per hour) 7/01/1999 Pointer, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st 2nd 3rd 4th $12.25 16.25 19.75 23.00 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 11.75 Appr 1st term 2.50 Appr 2nd term 2.75 Appr 3rd term 4.50 Appr 4th term 6.50 9-1PCC MASON WAGES(per hour) 7/01/1999 Cement Mason ......... $ 33.25 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 25 ) on HOLIDAY PAGE. Page 17 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.14 9-780 MASON - Building WAGES(per hour) 7/01/1999 Building: Plasterer .............$ 29.27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.25 Appr 1st three months 0.00 All other Appr 12.25 9-202P MASON-Buildina WAGES (per hour) 7/01/1999 Building: Mosaic & Terrazzo Worker ... $ 31.38 Helper...$ 30.07 OVERTIME PAY: See ( A, E, 0, V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 13.85 Page 18 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- 9-7/3 MASON - Buildin WAGES(per hour) 7/01/1999 11/01/1999 Building: Tile Layer ........... $ 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.32 14.82 9-7/52 MASON - Buildin WAGES(per hour) 7/01/1999 12/01/1999 Building: Tile Layer Helper & Finisher ....... $ 25.74 26.24 OVERTIME PAY: See ( A, -E, Q ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 11.08 11.23 9-7/88 IRONWORKER WAGES(per hour) 7/01/1999 Derrickman/Rigger.... $ 30.59 + $1.59 Addit. (Allocation to be determined) OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: t Page 19 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 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 3rd 4th 5th 6th 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) $ 22.64 9-197 MASON - Buildin WAGES(per hour) 7/01/1999 1/01/2000 Building: Marble Cutters & Setters .............$ 33.73 34.88 OVERTIME PAY: See ( B, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. ist 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON -Building WAGES(per hour) 7/01/1999 1/01/2000 Marble -Riggers, ' Crane & Derrickman... $ 27.72 28.72 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day for Labor Day. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) ' Prevailing Rate Schedule Page 20 New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- $ 16.87 16.82 PAINTER AND DRYWALL FINISHER WAGES (per hour) 7/01/1999 9-7/20 Brush, Paper Hanger,Taper $ 26.05 Structural Steel......... 33.63 Spray, Scaffold,Sandblast 28.47 Repaint/Renovation....... 20.89* *Additional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting, and Rolling Scaffold 20' and over. Lead Abatement at same rate as classification. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates. 1st 2nd 3rd Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17.62 21.09 Struc.Stl. 12.94 19.24 23.08 Rpt/Ren. 10.73 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 other terms 10.18 4-1486 PLUMBER WAGES (per hour) 7/01/1999 10/31'/1999 Plumber ............... $ 33.65 $ 34.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentages of Journeyman's wage. ' Page 21 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- 1st 2nd 3rd 4th 5th 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (per hour worked*) Journeyman $ 15.63 $ 15.90 Appr 1st term 9.26 9.42 Appr 2nd term 10.34 11.07 Appr 3rd term 10.95 11.25 Appr 4th term 11.64 11.95 Appr 5th term 12.02 12.53 *Sunday and Holiday Benefits paid at Double Time rate. PUMP & TANK WORK Journeyman .................$ 28.50 Overtime:.( B, E, 0 ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the following percent of Journeyman,s rate. 1st 2nd 3rd 4th 40% 50% 60% 70% Supplemental Benefits ; per hour worked. Journeyman .................$ 14.71 App. 1st yr...................6.06 App. 2nd yr...................7.37 App. 3rd yr...................8.83 App. 4th yr..................10.29 HwX9191 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter .......... $ 35.30 Sprinkler Fitter...... 35.30 For Work on Temporary Heat & Air Conditioning ....... $ 25.88 bVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. t)VERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) Prevailing Rate Schedule Page 22 New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- Journeyman For Work on Temporary Heat & Air conditioning Apprentices $ 17.50 + .34 per hour worked 14.49 + .34 per hour worked term percentage of 17.50 plus .34 per hour worked 9-638A STEAMFITTER WAGES(per hour) 7/01/1999 Steamfitter......... $ 22.30 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower. OVERTIME PAY:See ( B, E, Q*, S** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 6, 9, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: * ( 2, 6, 9, 15, 17 ) ** ( 10, 11, 26, Memorial Day } APPRENTICES: ( 1 ) year terms at the following wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th yr $6.72 10.83 13.04 15.19 18.31 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 8.06 Appr 1st term 7.00 Appr 2nd term 6.56 Appr 3rd term 6.01 Appr 4th term 5.56 9-638B ROOFER WAGES {per hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.50 OVERTIME PAY -New Roof: See ( A, E. Q ) on OVERTIME PAGE. OVERTIME PAY-Reroof: See ( B, E, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 13, 16 } on HOLIDAY PAGE. ' Page 23 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- APPRENTICES: ( 1 ) year terms at the following percentage of journeyman,s wage. 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 17.57 Apprentices 1st 2.00 2nd 3.75 3rd 9.37 4th 13.91 4-154 SHEETMETAL WORKER WAGES (per hour) 07/01/1999 Sheetmetal Worker.... $ 31.89 For Temporary Operation or Maint.of Fans and Decking & Siding Work: --------80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, 0, V ) on OVERTIME PAGE. ( D, E2, 0, V ) for FAN MAINT.-DECKING & SIDING. HOLIDAYS: PAID: See ( 1 ). on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ) year terms at the following percent of journeyman rate 1st 2nd 3rd 4th 5th 6th 7th 8th 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.91 Appr 1st term 5.53 Appr 2nd term 6.46 Appr 3rd term 7.31 Appr 4th term 8.32 Appr 5th term 9.41 Appr 6th term 11.85 Appr 7th term 13.18 Appr 8th term 15.56 4-28 WELDER Welder... To be paid the rate of the mechanic performing the work. TEAMSTER -Building Prevailing Rate Schedule Page 24 New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A --------------------------------------7---------------------------------------- Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 26.955 Drivers of three -axle tractors & trailers, $4.00 per day additional. Drivers of heavy equipment & tagalong trailers, $10.00 per day additional. Drivers of boom trucks, $8.00 per day additional. OVERTIME PAY: See ( B, E, R } on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 )* on HOLIDAY.PAGE. * must work two days in holiday week. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME...:........ $ 18.0025 OVERTIME ................. 9.40375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 Truck Driver, Chauffeur or Loader/Operator Stright Jobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B, L. S, S1,) on OVERTIME PAGE. HOLIDAYS: PAID: * See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. (*) Must work two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Stright time $ 12.35 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 7/01/1999 Sign Erector ......... $ 24.65 Plastic Mechanic..... 19.72 ` . Page 25 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 35% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS: Journeyman $ 4.62 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 ist yr $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month Appr 2nd yr $ 2.44 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month Appr 3rd yr $ 2.922 per hour paid + 18°% of gross wage + $ 2.00 per day paid + $ 0.20 per hour worked Appr 4th yr $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked Appr 5th yr $ 3.468 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Striping Highway WAGES(per hour) 7/01/1999 Painter (Striping -Highway): Striping -Machine Operator ....... $ 21.57 Helper .................... 15.79 Linerman....................... 24.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. Prevailing Rate Schedule Page 26 New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- HOLIDAYS: PAID: 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 BENEFITS:(per hour paid) 22% of wage + $0.50 9-8a/28a (230) SURVEY CREW - Building WAGES:(per hour) 7/01/1999 Survey Rates -Building: Party Chief ......... $ 30.01 Instrument Man...... 25.60 Rodman ............... 17.48 OVERTIME PAY: See ( A, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 8, 11, 15,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 16, 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/01/1999 Survey Rates-Heavy/Highway: Party Chief .............$ 29.14 Instrument Man.......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 ' Page 27 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- SUPPLEMENTAL BENEFITS (per hour paid) Journeymen $ 15.15 Apprentice 8.65 9-15D-N/S CO. SURVEY CREW - Consulting Engineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. WAGES:(per hour) 7/01/1999 Survey Rates: Party Chief ......... $ 23.96 Instrument Man...... 20.66 Rodman .............. 17.88 OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.55 Apprentice 6.75 9-15dconsult CORE DRILLING WAGES(per hour) 10/16/1998 10/16/1999 Core Drilling: Driller ..............$ 22.23 addit. Helper ................ 18.72 $1.00/hr.(Allocation to be determined) Note: Hazardous Waste 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: When required to work on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E•, K*, P, R** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. Page 28 Prevailing Rate Schedule ' New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. ** See ( 8, 10, 11, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7.69 9-1536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 7/01/1999 8/01/1999 Well Driller: Well Driller:.......... $ 23.61 $ 23.72 Well Driller Helper:... 21.07 21.10 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year terms at the following rates; 1 ist.yr............... $ 11.00 $ 11.00 2nd.yr............... 12.50 12.50 3rd.yr............... 14.50 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman...... $ 8.30 + $ 7.95* + *overtime $ 9.95 + 10% of rate 10% of rate 10% of rate Apprentice...... $ 5.00 + $ 5.00 + 10% of rate 10% of rate 4-138we11 POWER EQUIPMENT OPERATOR - Buildin BUILDING: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Crane, Derrick, Dragline, Dredge, Gradal,l_,_ Grader, Hoist, Loading Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop -Carryall -Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Broing Machine/Auger, Cherry Picker, Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, -Mulch Machine (Machine fed), Power Winches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine,. Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. Ll • Page 29 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac -All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-shing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater, Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Class "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. WAGES (per hour) 7/01/1999 Class " A $ 31.16* *Add $3.00 for Hazardous Waste Work Class " B 29.48* *Add $2.00 for Hazardous Waste Work Class " C 28.36* *Add $1.00 for Hazardous Waste Work Class " D 26.11 Class " E 24.99 *Cranes : Boom length over 100 foot add $ 0.50 per hour " 150 $ 0.75 " " 250 $ 1.00 " 350 $ 1.50 " OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.** **must work day before & day after, or receive 2 hours per intermittent day OVERTIME: See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.** APPRENTICE........ $ 16.89 SUPPLEMENTAL BENEFITS:.(per hour worked) $ 21.04 Note Note: OVERTIME JOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note OVERTIME APPRENTICE $ 8.40 4-138 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete pump, Crane, Derrick, Dragline, Dredge, Gradall, Grader, Hoist Loading Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop -Carryall -Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader' (Self Propelled), Tank Work, Tower Crane Engineer,Track Alignment Prevailing Rate Schedule Page 30 NeW York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker, Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine and Front Loader, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), d Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac -All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind, Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater, Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Class "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. Class " F Lead Tec TV Crew. Class " G Wet Out Tec. Class " H Technician. WAGES (per hour) 7/01/1999 Class " A $ 32.06* *Add $3.00 for Hazardous Waste Work Class " B 29.82* *Add $2.00 for Hazardous Waste Work. Class " C 28.69* *Add $1.00 for Hazardous Waste Work. Class " D 26.45 Class " E "............. 25.32 Class " F 28.10 Class " G 28.10 Class " H "............. 26.98 *Cranes : Boom length over 100 foot add $ 0.50 per hour " i50 $ 0.75 " „ 250 $ 1.00 350 „ $ 1.50 „ NOTE: PREMIUM RAY 20% on straight time hours for NEW. YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off -shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 16 ) on Holiday Page.** ** must work day before & day after or receive 2 hrs per intermittant day OVERTIME: See ( 5, 6, 8, 9, 10, 16 ) on Overtime Page.** Page 31 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ----------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- APPRENTICE........ $16.89 UPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME JOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note: OVERTIME APPRENTICE 8.40 4-138 MARINE CONSTRUCTION WAGES (per hour) OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. 7/01/1999 10/01/1999 Hydraulic Dredge: Class A: Leverman............. $ 25.18 $ 25.78 Engineer, Derrick Op. 22.34 22.61 Chief Mate on Dredge. 22.01 22.28 Class C: Maint. Eng........... 21.83 22.07 Mate ................. 20.35 20.57 Boat Captain......... 20.50 20.72 Class D: Deckhand............. 16.58 16.74 Fireman, Oiler....... 17.23 17.39 Shoreman............. 16.58 ------------------------- 16.74 Tug Boats: Class A: Tug Master........... 22.69 23.09 Tug Chief Engineer... 21.10 21.47 Class C: Tug Captain.......... 22.69 23.09 Tug Engineer......... 21.10 21.63 Class D: Tug Deckhand......... 16.80 ------------------------- 16.96 Dipper and Clamshell Dredges: Class A: Operator ............. 25.64 26.26 Engineer ............. 22.83 23.12 Class C: Maint. Engineer....... 21.83 22.07 Mate ................. 20.35 20.57 Boat Master, Welder.. 21.49 21.74 Boat Captain......... 20.50 20.72 Class D: Oiler ................ 17.23 17.39 Deckhand............. 16.80 ------------------------- 16.96 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. Page 32 Prevailing Rate Schedule New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9909143 SUFFOLK 1999A ------------------------------------------------------------------------------- SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B All Class C All Class D $ 4.81 ( OVERTIME $ 0.80 EXTRA ) plus 23.51 23.81 8% of 23.25 23.55 wage 19.34 19.53 $ 4.51 ( OVERTIME $ 0.65 EXTRA ) plus 23.03 23.30 8% of wage 20.25 20.46 $ 4.21 ( OVERTIME $ 0.50 EXTRA ) plus 18.38 18.56 Helper............ 8% of wage 4-25a MARINE CONSTRUCTION WAGES (per hour) 7/01/1999 10/01/1999 Drill Boat: Class A: Engineer.......... $ 23.24 $ 23.54 Blaster........... 23.51 23.81 Driller........... 23.25 23.55 Boat Capt......... 19.34 19.53 Class C: Welder/Machinist.. 23.03 23.30 Class D: Oiler/Helper...... 20.25 20.46 Deckhand.......... 15.83 15.97 Core Driller...... 18.38 18.56 Helper............ 16.41 16.56 OVERTIME PAY: See ( B, P, R, ) on Overtime Page. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on Holiday Page. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 4.08 plus $ 4.38 plus 8% of wage 8% of• wage Class C $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage Class D $ 3.11 plus $ 3.21 plus 8% of wage 8% of wage Overtime Benefits Time and one half A &'B add................ $ 1.06 $ 1.21 C add .................... 0.82 0.92 D add .................... 0.58 0.63 Double Time A & B add ................ $ 2.12 $ 2.42 C add .................... 1.63 1.83 D add .................... 1.15 1.25 4-25/3 r STATE OF NEW YORK BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 N 6 -• 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 SUBMITTED 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 ❑ 07 City ❑ 01 DOT ❑ 08 Local School District ❑ 02 OGS ❑ 09 Special Local District, i.e., ❑ 03 DORMITORY AUTHORITY Fire, Sewer, Water District ❑ 04 STATE UNIVERSITY ❑ 10 Village CONSTRUCTION FUND ❑ 11 Town ❑ 05 MENTAL HYGIENE ❑ 12 County FACILITIES CORP. ❑ 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 PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY THIS PROJECT TELEPHONE: ( ) B. PROJECT PARTICULARS 5. Project TITLE and/or description of work to be performed. 6. Location of Project: Include contract identification number, if applicable Location on Site Route No/Street Address Village or City Town County 7. Nature of Project - Check One 8. OCCUPATION FOR PROJECT ❑ 1. New Building ❑ Construction (Building, Heavy ❑ Guards, Watchmen ❑ 2. Addition to Existing Structure Highway/Sewer/Water) ❑ Janitors, porters, cleaners ❑ 3. Heavy and Highway Construction (New and Repair) ❑ Tunnelling ❑ Moving furniture and ❑ 4. New Sewer or Waterline ❑ Residential equipment ❑ 5. Other New Construction (Explain) ❑ Landscape Maintenance ❑ Trash and refuse removal ❑ 6. Other Reconstruction, Maintenance, Repair or Alteration ❑ Elevator maintenance ❑ Window cleaners ❑ 7. Demolition ❑ Exterminators, Fumigators ❑ Other (Describe) ❑ B. Building Service Contract 9. Name and Title of Requester OFFICE USE ONLY Signature SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS �.ga� STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (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 protect. 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 thepublic work contract. Upon the signing of the contract, the Department of Jurisdiction MUST 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 220-b and 235.2 of the Labor 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, including interest and any civil penalty that may be assessed by the Coxpmissioner of Labor. The withholding continues until a final determination of the underpay&ent 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 OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12 - ROOM 130 ALBANY, NEW YORK 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: ****s*ssssssssss****s*s**t*sssss*s*******s*s**ttssass**sss***s***sssss*ssss****sss*sss 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. The 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 S T A T E O F N E W Y O R K THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 3-a of section 220 of the labor 2 law, as amended by chapter 565 of the laws of 1997, is amended to read 3 as follows: 4 a. It shall be the duty of the department of jurisdiction as defined 5 in this section to ascertain from the plans and specifications the clas- 6 sification of workmen, mechanics and laborers to be employed on such 7 project. Such department shall file with the fiscal officer, as defined 8 in this section, the classification of workmen, mechanics and laborers 9 to be employed upon such public works project, together with a statement 10 of the work to be performed by each such classification. From such 11 statement it shall be the duty of the fiscal officer to make a proper 12 classification of such workmen, mechanics and laborers taking into 13 account whether the work is heavy and highway, building, sewer and 14 water, tunnel work or residential and to make a determination of the 15 schedules of wages and supplements to be paid or provided, as the case 16 may be, therefor. The contractor and every sub -contractor on public 17 works contracts shall post in a prominent and accessible place on the 18 site {of the work} WHERE THE WORK IS PERFORMED a legible statement of 19 all wage rates and supplements as specified in the contract to be paid 20 or provided, as the case may be, for the various classes of mechanics, 21 workingmen, or laborers employed on the work. SUCH POSTED STATEMENT 22 SHALL BE WRITTEN IN PLAIN ENGLISH AND TITLED, IN LETTERING NO SMALLER 23 THAN TWO INCHES IN HEIGHT AND TWO INCHES IN WIDTH, WITH THE PHRASE 24 "PR.EVAILING RATE OF WAGES". SUCH POSTED STATEMENT SHALL BE CONSTRUCTED EXPLANATION --Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. LBD04189-01-9 Page 2 1 OF MATERIALS CAPABLE OF WITHSTANDING ADVERSE WEATHER CONDITIONS. The 2 contractor and every sub -contractor shall keep original payrolls or 3 transcripts thereof, subscribed and affirmed by him as true under the 4 penalties of perjury, showing the hours and days worked by each workman, 5 laborer or mechanic, the occupation at which he worked, the hourly wage 6 rate paid and the supplements paid or provided, on the site of the work 7 where the contractor or sub -contractor maintains no regular place of 8 business in New York state and where the amount of the contract is in 9 excess of twenty-five thousand dollars. All other contractors or sub - lo contractors shall produce within five days on the site of the work and 11 upon formal order of the commissioner or his designated representative 12 such original payrolls or transcripts thereof, subscribed and affirmed 13 by him as true under the penalties of perjury, as may be deemed neces- 14 sary to adequately enforce the provisions of this article. Every 15 contractor, and sub -contractor, shall submit to the department of juris- 16 diction within thirty days after issuance of its first payroll, and 17 every thirty days thereafter, a transcript of the original payroll 18 record, as provided by this article, subscribed and affirmed as true 19 under the penalties of perjury. The department of jurisdiction shall be 20 required to receive and maintain such payroll records. The original 21 payrolls or transcripts shall be preserved for three years from the date 22 of completion of the work on the awarded contract. The department of 23 jurisdiction as herein referred to shall be the department of the state, 24 board or officer in the state, or municipal corporation or commission or 25 board appointed pursuant to law, whose duty it is to prepare or direct 26 the preparation of the plans and specifications for a public work 27 project. MWYWk ilio - Iltrltllti MAW EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK - Under Article S of the NYS Labor Law, when two final determinations have been rendered against a contractor, subcontractor and/or Its successor wkft any consecutive stx-year period determining that such contractor, subcontractor and/or Ks successor has WILLFULLY failed to pay the prevailing wage and/or supplements, or when one final dellaink ort Invokes falsification of payroll records or the kickback of wages and/or supplements, said contractor, subcontractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any pubticwork with the state, any municipal corporation or public body for a period of five years from the date of debarment. NOTE: Where the Fiscal Officer is donoted "NYC", the information has been proelded by the Now York City Comptrollers Office, the agency, 8 the determIndkins. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Depertrnert of Labor will respond in regard to listings where the Fiscal Officer is fisted as "DOL". at LM Fbel atti�■rai■ AIM C" no oar � M IRR MMM oft 4H RdIrigeration a Air Conditioning 1484 Merlktg Piece Bronwyn 0 1123& 6/12/96 NYCF6—/12—JO--I] falsifkd payrolls & L Landscape Mai tenertce -- � FNY 142 see William A Satzberger Jan Sfailoer Associates Inc 1216 Meek Road 12/4/00 14221- 1/10/97 1/10/97 DOL 1/10/02 Plus Fim Protection Inc I 131 13th Avenue I lHdWk NY 11742- 929/97 Ifalsified payrolls R OK3Irts l 1331 Bello Avenue Utica 10/11/91 ®C� 13501-= 4/30/01 Isuccessor to LBS of Frankfort Inc and/or Clean Air Asbestos Removal Inc JA -11 Fence Company Inc HNlside Labs Road LWappingers Falls NY 12590- � 1/30J98 DOL 1/30/03 [�willful violations JAA General Contractors, Inc. 11765 Mt. Read Blvd IRwheder NY 14808- F willful violations - see Dominick] Antonuccl Aabedoa Abatement Corporation iW' Avenue Brooklyn Ifaisifed payrolls Inc2622 Chesbrough Avenue 18rolx Abars All Cent/ OV Inc 215 -04104th Averxw It]treterns Acce1 CorwrUction Co Inc 951 Niagara Street I lauffab 1 Alm Construction Corp 11432 W 5th Street I 18rooklyn CCA ht M*les Inc 117&190 Catherine Street ALJ E166Mc Co Inc I 717 Elk Street ji lBuftio J M*ft Specially Services Inc 1087 Jackson Avenue Long Island City 1 Cantradirg and Demolition 11-15 31st DrWe I 11-ong Island City Appkwood Construction Co NY 10461- 1!7198 NYC 1!1/03 falsified payrolls 11429- 9/21/98 NYC 921/03 �" Payrolls__ N 14213 6113/96 11/4/96 DOL 11/4/01 NY 11204 � 8/4/96 NYC 6/4/03 Asbestos & Lead Abatement Technology Corp I 17WM&*StrW lRochester N� 14611- 10!9/97 DOL C 10/9/02 additional address: 12913th Street, 2nd FI, Brooklyn NY 11215- falsified payrolls falsified payrolls imultipie willful violations see Dion R. Defedericis --� 3 willful violations Tuesday, November 16, 1999 Page 1 of 10 12202- � 0 DOL 6/3/03 FNY 142 10/3195 10/3/9 DOL 12/4/00 W -1F— ® NYC �2/2 NY 11106- 10/11/91 ®C� 4/30/01 Asbestos & Lead Abatement Technology Corp I 17WM&*StrW lRochester N� 14611- 10!9/97 DOL C 10/9/02 additional address: 12913th Street, 2nd FI, Brooklyn NY 11215- falsified payrolls falsified payrolls imultipie willful violations see Dion R. Defedericis --� 3 willful violations Tuesday, November 16, 1999 Page 1 of 10 11t lM REM a■II■A►�• Ailfeilil acy iteb a ale UrrM Mm No Bey Hwborx Ebchic Inc 110M Harper Qr PO Boa 8312 11005- 3/16799 "DOL Beywood Elecirb Core multiple willful violations 3/16/04 jAlhados hldustrles of America I 20..28 38th Strad jAdoria IP O Box 1246 Bseverly Hills Textures and Paint Bd,ft Electric Inc 130 Steward Street payrolls Environments! Services Inc 1325 Frdhg Huysen Avenue lNewark Asbestos Inc 151&2C Industrial Loop Staten Island 1555 50th Street 10309 0 1275195 NYC 12/'x/00 falsified payrolls B H triterrdiord Corporation 59-15 56th Street I IMaspeth 13&31 10th Shed 11378- 8731198 NYC 8731 /03 multiple willful violations Barbi Construction F— 13M Lakeview Ism Bafflm Construction Company Barthos Construction Company285 Pulaski Sheet Brooldyn aka Barlex Construction - falsified NY 11206- 6/18198 NYC 6/18/03 Bey Hwborx Ebchic Inc 110M Harper Qr PO Boa 8312 Bdlyvi6w Pkrnnbhug Inc 14591 MwIck Roed Beywood Elecirb Core Baywoorl. Ebctric Inc 1188 New York Avenue Beatran 3 Chadum Construction IP O Box 1246 Bseverly Hills Textures and Paint Bd,ft Electric Inc 130 Steward Street 8avery Heb Textures and Paints Blxriya 11Wderwoflng 1555 50th Street Big Tres Garden Center F— —� Bleck Obmond Fabricating Co P O Sax 252 Brow fJemoedon Contracting Corp 13&31 10th Shed f9 A*q Black Contracting Core Cafran Construction Corp 15059 Coolidge Avenue Cel W Safety Inc 13M Lakeview Erb Nlassapa4ua Bay Shore Buffalo, HerMett Brooklyn Niagara Falls tong Island City PaY"Ab PA 16505- 124/98 1022/98 DOL 1082/01 �– 11758- 3112793 6730J97 DOL 4 willful violations see Baywood Electric –1 11708- 6✓11/90 1/3796 DOL 1!4/01 aka Baywood Electric Corp NY 14240- � I�J DOL 413/01 NY 11557- � 7/9/97 DOL 7/9/02 11208- � 428/97,l NYC r��� 14304 1!18/98 1/18196 DOL 1/18/01 NY 11107- � 7H/97 NYC 7/1/02 multiple willful violations Ism Gary C MardnkowsM falsified payrolls see Gary C Man:inkowsM falsified payroes see Military Auto Service Inc and Citi Cleaning Corp - falsifled payrolls 0 L J L--1 see CPN Cortstniction Corp — Jamalca NY 11432- 11!3197 DO� 11/3/02 faIgified payrolls Tifton NJ 07011- ®® DOL �i/il94� Caristo Associates Inc JV falsified records and kiddack of wages - debarment edended after additional violation see JER Constnxion Corp Tuesday, November 16, 1999 Page 2 of 10 at titin flied oInr A&M City :tfb a ani � � OMW MMM Mftl CBC ktdtattrbs Inc 272-60 Grand Car" Pwy I JFWM Park ® 11006- 4N 5/96 DOL 4/15/01 Central Absorption Inc 11-15 31st Drive ILoni Island City 11106- 3116/98 NYC Ct okee Plate Glass Inc 114 -Brom Street lidinson City NY 13790- 0 827197 DOL 827/02 Colonlel Painting Co NY 10029 327/95 DOL 327/00 CMetlen Catstrnwtbn Corp 420E 111th Street I New York Chddkrs O Foster 3 Donna Foster -� RR *1 Boot 67 1 1Boucwft 14612 Clinton Avenue I lCortlarid Chits Cartstruction Corp. CB CM"V Corp Clean Atr Asbestos Removal Inc clo S. Fitter, 258 Genesee jutics Gurdon Conshwtlon Corp 16 HewW Drive lEastWEldon 600 Hilside Ave III Hyde Park CMK PdMV & Constnwtlon Co Inc Colonlel Painting Co COMWNET Solutions Inc NY 12232- 122/99 DOL 9/1/03 NY 13045- � 7/9/97 DOL 7!9/02 NY 11598- � 4113199 NYC 4113/04 11040 Corrstnercid Glazing Inc 11718 Joseph Avenue I IRW*ster] NY 14621- (� DOL 0 Consakfaled Envkortrrtental Corp 1150 East New York Avenue I 11I NY 11212- ® NYC 0 CPN Construction Corp 42 -06192nd Shed I lFk*ft Fiff-I 11358- ® NYC Crag Bay Contracting Corporation 11242 Nevkts Street 18rooldyn NY 11217- 10/17/96 7/9197 NYC 7/9/02 CVM Badric Inc r Dirtgens Street III ID 3 C Trucking -- J 1�---� Darlene E Chardon 1 L__ _._ . 1 I ( DWWO M Edwards IF Dendtr Construction Inc 1164 Route 96 rVNaterloo --� NY 14206- C� 11/5197 DOL 11/5/02 F-1 F__1 F__]F__1F--iF- -i ooE_o�u NY 13165- 11 /4/94 321 /95 DOL 321 /00 JV with CMK Painting 8 Canstr Co Inc - falsified payrolls 3 wiiful violations 3 willful violations -� also 798 Lake Avenue, Greenwich, CT 06830 - 4 willful violations IYM D s C Tnrci ting - falsified girds falsified payrolls Ism Bravo Demolition Contracting Corp falsified records -� multiple willfub - falsified records JV with CBC Irtdtrstries Inc. see S.I.M.G. Ppeinting Co Inc successor to Integrated Communications Infrastructure Systems Inc. al® Emergency Glass 8 Boerdup Services - falsified_ payrolls falsified payrolls - dba Building Block Contracting Corp - falsified records falsified payrolls - debarment period extended multiple vitiations - see Christine D Foster 8 Donne Foster see DME Contrading Inc Lsee DME Contracting Inc Tuesday, November 16, 1999 Page 3 of 10 11t LUt fhed a4 M. AM= city no Zr to wry wry n1hR Mid ■tu Ndu DePadm & Son Phmbing & Heating Inc 112104 Niagara Street Niagara Falls NY 14303- �- 9/16197 DOL 9/16ro2 falsified payrolls Dhwvplon 2 Assoc. Lawn SprinWers I F --r— -� �� U see Dimension 2 Associates - OImenalon 2 Ates 11189 Commack Road Commack jor Dimension 2 Assoc. Lawn SprinWers Dion R. Delledericis ISM Sherwood CouR—� Depew NY 14043 ® DOL ® dba Applewood Construction Co - 3 willful violations DWe SlNeepirrg Service Inc 1618 W Newell Street Syracuse NY 13205- 1/2/98 1127196 DOL OME Contracting Inc 1375 Vertazano Avenue Copiague NY 11726- 12/31/96 DOL DWI' H m , Construction Associates Inc DOME National Constnrctian Corp DME National Roofing Systems DMECA DMENRS Donde Antonucci I 1765 ML Read BNd I lRochester 12i31ro1 DmwAooe r Products Inc 6286 HurtRoad I 11-lorn Lake MS 38637- ® 2/27/97 DOL 227ro2 Dram Construction Corporation 201-01 Northam Blvd jBayslde DSR Asbestos Removal Company 189 Westbrook IStaten Island Oum-Tech Systems Inc I 19 Bergen Plans I 1port Jefferson Sta NY 11361- � 1126/96 DOL 11/26!01 NY 10303- � ® NYC 628/01 aka DME National Roofing Systems, DMENRS, DMENCC, DMECA, Titan, and Peter Chardon, and Darlene M. Edwards, Darlene E Chardon and Mary Lydia Chardon, Mary L Restrepo, DME National Construction Corp. DME National Construction Associates Inc - multipie willful violations. Violated original debarment order. see DME Contracting Inc Is:": DME Contracting Inc Ism DME Contracting Inc see DME Contracting Inc see DME Contracting Inc see DME Contracting Inc multiple willful violations - ase AA General Contractors Inc. multiple wilful violations - original debarment period erdended falsified payrolls falsified payrolls NY 11776- t `� 1024/97 DOL 1024ro2 dba Hy -Tech Coatings - falsified payrolls and 6 willful vkrlstions - original debarment period extended East Coast Detention Equipment Systems Inc 2909 Bridge PlazeSte 37 Long Island City 11101- ® DOL 623104 falsified records Tuesday, November 16, 1999 Page 4 of 10 tet tet H1d •pam area city M Ware am rl/IM IMW rerlNOU Nft � yrale period NY 14059 NY DOL 718102 10803 11/19/38 DOL 11/19/03 falsified payrolls 629 5th Avenue—� Pelham Co En*onmetrtai Corporation 12303 ®® u� �� NY �� �� see Commerc:fal Glazing Inc � WWI Get & Boardup Services 11231- !Rochester�- NYC F jEmpke Floorhq Inc 11765 Mt. Read Boulevarad I 118M Bath Avenue Brooklyn NY 11214 l _ J L�"" J NYC ® (faieifled payrolls ESNA b teebtional General Contractors Inc Ifte Perfect Power Corporation F-- Experiw. Electric Corp PO Box 180 I Isuftlo l --J 14220 8!24/93 1114198 DOL 111M01 L = FA%m Electric Company Inc Flve Bom Air Condlaor" & Refrigeration Inc 1519 Coney isbr►d AvenueluresNyn� NY 11218- �� ® NYC 9/6/01 t multiple willful violations I89 Weal Route 59—^� Car�trai Nyack NY 10960 7118197 DOL 7118102 Frank Valerio General Contradklg Corp G A Contractors I 13931 Queens Boulevard 1 Jamairsi 11435- 6!21/96 11/25197 NYC/DOL 11 /251n2 multiple willful violations - falsified r Or" incl debamrerrt C,BC Gonolrudton Corp 1370612th Avenue I 113moldyn NY 11218- ® 1018192 DOL 10/16/00 Gary C Msrdn*w all 11051 Rice Road Ehna NY 14059 L� 718197 DOL 718102 General Design & Development Inc 1865 Christer Avenue ISchenec" NY 12303 ®® OOL Germeft General Contracting Co Inc IBM82nd Street�18rooklyn NY 11220 ®® DOL George Luoey, Manuel Tobio(see rote) I 11501(ingaStreet -^I Brooklyn 11231- 8/19P98 NYC F Gerace cw*sdkv Corp 2437E 29th Street, Ste 1-H GNP Contracdrrg Corp 153 Woodruff Avenue Gd*ick Custom Homes IF 1 Happy Homes Services Inc 1150 5th Avenue, Rm 7200 Horn Exterior Corp 32-45 Queens Boulevard Brooklyn —� NY 11235- L 7/22/98 DOL 7/22!01 Scarsdale � NY ((1��0--''S--8__3�� � 11/4/98 DOL 11/4/03 New York NY C� L_ __� 5(1/97 NYC 517102 9 extended third willful violation on 10/16195 - debarment period extended. Alter ego of Plato Construction Corp dba Beaverly Hills Textures and Paint and dba Beverly Hills Textures and Paints multiple violations Manuel Tobio and Lake construction and Development Corporation (individually and as a whole) grand larceny - falsified records, debarred permanently falsified payrolls falsified records see Thomas Goldrick 3 willful violations Long Island City NY 11101- C_� 5113/99 NYC 5/13!04 dba Hom Exterior Restoration, aka Hom Maintenance Corp. (and) Horn Roofing Corp - multiple wiilfuls Tuesday, November 16, 1999 Pages of 10 h Uld HMO yNWI AM= City sM. MCW M NNh11 IMW BE am Nfltfa Interpheas Company Ltd 111301 f West Elizabeth Avenu I jUnden NJ 07036• �� ® DOL 2/9101 & A Roofing and Skft Co Inc 1394 Hasbrouck Avenue Kingston l E R Coultruetion Corp 1258 East Meadow Avenue East Meadow f Jernee Spans Constriction Inc � 1___1 DOL DOL see Hom Exterior Corp Horn Exterior Restoration 14580- 14615- �_� 786/96 � � 1124196 L� see Horn Exterior Corp Horn Wintenence Corp KBH Consbuction Co Inc L Harbert Inc L R M FkdWM Co Inc LWeks C.onsin.-Won Corporation 190 River Rd - P O Boa 30 11871 Wagon Avenue 9449 Button Road 1124 Meacham Avenue F - see Horn Exterior Corp Horn RoMtng Corp Iu �� 9130197 160 Sackett IBMMP J� NY 11231- ®® NYC 4/23/0t NY NY NY Hunt Construction Corp 12120/95 �� l_ _ __1 M1197 521!99 —J�1 216!01 411!02 521104 Is" Dura -Tech Systems Inc F y -Tech P O Bolt 851 Portland ME 04104 7/1!99 8/19198 DOL 8119103 multiple willful violation$ Hydroblaat inc 1174 9th Street---� lBroWyn � NY 11215- 1289/93 7!18195 DOUNYC 7!18100 Jason Bulk" Cordbuction Corp F— L _ _� C�� �� see Jeanne Bentivegna Impact PaN>ting I 1688 Wik'ter Road J 11-111ton land successor COMWNet SokAona Inc Integrated Communications IMrastructures Sys Interpheas Company Ltd 111301 f West Elizabeth Avenu I jUnden NJ 07036• �� ® DOL 2/9101 & A Roofing and Skft Co Inc 1394 Hasbrouck Avenue Kingston l E R Coultruetion Corp 1258 East Meadow Avenue East Meadow f Jernee Spans Constriction Inc 125 SotAhf* d Drive 6!12195 681195 227197 227!97 DOL DOL Jeanne Bentivegna J. Qross C**8cting Corp PaMMCwft&Sonsft&ft 1120C n Avenue 12104 Niagara Street 131 Clinton Street +l 14580- 14615- �_� 786/96 � � 1124196 G6—ft &A&V Corsiniction Co Inc 17001 Ridge Boulevard KBH Consbuction Co Inc L Harbert Inc L R M FkdWM Co Inc LWeks C.onsin.-Won Corporation 190 River Rd - P O Boa 30 11871 Wagon Avenue 9449 Button Road 1124 Meacham Avenue Webster Rochester —� Niagara Fails Brooldyn Isoottsville Bromr Cicwo NY 12401- 11554- 6!12195 681195 227197 227!97 DOL DOL 6121!00 2127102 NY NY 14580- 14615- �_� 786/96 � � 1124196 DOL_ OOL� 7!29103 1!24101 NY 14303- �� 9130197 DOL 9130102 NY NY NY 13905- 11209- 14546- 12120/95 �� l_ _ __1 M1197 521!99 DOL NYC DOL 216!01 411!02 521104 3 wistful violations - also debarred by NYC for fault W W0111s. untN 0125104 and Caristo Associates Inc JY multiple willful viafatlons _ dba impact Painting - fahsified payrdb 3 wailful violations falsified payrolls multiple wilIfuls NY 10453 L_ 6!14199 NYC 8114104 falsified records NY 13039- 6110/99 DOL 6110/04 multiple vvsiifuis Elmont –� NY 11003- f l 4110!95 QOL Lawrence K Woods Condniction I 13446112th Street Iow'a NY 11368- 11!14!95 NYC 11/14/00 LBS of Frankfort Inc1055 Jefferson Avenue Utica NY 13501- ®�� DOL 62103 and Lfon Gonstrtwtion Corp. as alter ego -falsified a ils rMIsified profs Tuesday. November 18, 1999 Page 8 of 10 tit Lot RUN a�■r� AIMe City no aAle M rani OW MMM Nan Lion Conebvctbn Corp 11497 Tulip Avenue —1 Floral Park NY 11001- DOL ep of Corporation Construction LMB EbwInc 12320 Narragenset Avenue Loge Inc 29 Hewett Boulevard Louis A Stllloe Roofing 8 Siding Inc P O Banc 68 Southview Static, NY 11934 787 Military Road Lads J MigNoro M a M Bull ft Contractors Inc P O Boot 514 M 3 M Electrical Cordraodng Inc 122 -1915th Avenue M & M Glow 8 Window Corp 1168 Brooks Avenue M & M Glass Group iFMi—g—onent Services Mandy Electric Inc I F - ji4 Grand Canyon Lam Mary L Rastrepo Mary Lydla Chardon MEG Enterprises Ltd 101 Bloomingdale Road NY 11934 Msgs General Contracting Corp Mega Imperial Construction Corp IMarchsnts I & S Corp 20.44 20th Street 35-11 Vemon Boulevard 17732 Victor/Mendon Road 1/23/02 3 willful *Moons Merry Auto Service Inc 16953 Ridge Road Seaford NY 18 willful violations with falsified payrdls Canter Moriches NY 11934 1/9!97 1/23197 DOL 1/23/02 3 willful *Moons Binghamton 11103- ® DOL 2/9/01 falsified payrolls 1`Ny Island Coy NY NY 13903- ®� DOL ® falsified records 14564 5✓17/93 4/18/99 DOL 4!18104 _ _ ___� Lockport l" ' I 14217- 2/28/97 8111/97 DOL 8111 /02ddbaM Kenmore Military Contractors - falsified ls Cairo 12413- 8115197 DOL 8/15102 falsified payro0s Collesge Point 11358- U 0 NYC ® multiple violatbm RochesterNY 14624 2/28!97 4/10/97 DOL 4110/02 ak M&$ Glass Group - 9 wilful L� see M 8 M Glass & Window Corp —� see Wayne Lancaster Tangkawood Hills IfaWW payrolls liilitaryCont actom —�I I F— iFW i 'mart' 91ecMc Company Inc 13581 Bayvlew Avenue ISeeford —� Nuf eConstruction Corporation 155 Knickerbocker Ave, Ste 1 Bohemia Natkormi BulkNng a Restoration C 11010 Tkien Avenue jUtIca F— L F Louis J Migliore -- - NY 11783- 12/20/'97 12/20/97 DOL 12/30102 NY 11716- � ® NYC 2/9/01 falsified payrolls _ _____ _ __ NY 13501- � 9/4/98 DOL 9/4103 falsified payrolls 1 Tuesday, November 16, 1999 Page 7 of 10 see DME Contracting Inc see DME Contracting Inc HkkwAlle Ifalsifled payrolls Astoria NY 11103- ® DOL 2/9/01 falsified payrolls 1`Ny Island Coy NY 11106- ® DOL ® falsified payrolls —� NY 14564 5✓17/93 4/18/99 DOL 4!18104 _ _ ___� Lockport Idba Big Tree Garden Center - falsified liilitaryCont actom —�I I F— iFW i 'mart' 91ecMc Company Inc 13581 Bayvlew Avenue ISeeford —� Nuf eConstruction Corporation 155 Knickerbocker Ave, Ste 1 Bohemia Natkormi BulkNng a Restoration C 11010 Tkien Avenue jUtIca F— L F Louis J Migliore -- - NY 11783- 12/20/'97 12/20/97 DOL 12/30102 NY 11716- � ® NYC 2/9/01 falsified payrolls _ _____ _ __ NY 13501- � 9/4/98 DOL 9/4103 falsified payrolls 1 Tuesday, November 16, 1999 Page 7 of 10 Had d•ani�• wren an nes Wale wwin wi iInW arrd at, aft Nlagara Top Line Builders -. -I l� LJ LlF Isee Scott Gamache NoM Shore Construction Enterprises 1464 New York Avenue I 11-1untington NY 11743 6/21/96 4!30/97 NYC/DOL 4130/02 8139-31 Queens Blvd, Jamaica NY 11435 8 22 Hill House Ln, Old Brookville, NY 11545 - falsified payrolls. Originally debarred by NYC - wdension by DOL North Shore EnvironnwmWl Solutions Inc Nu -Con Construction Corporation Oatka Vaesy Construction Co Inc DLCO Construction Inc Orange County Paving Inc 127 Glencove Avenue 108 Meacham Avenue 212 North Main Street Morris Rase P O Bon 233 11542- 12/161'96 12116!96 P 3 C Gfenrpilis Contracting Co Inc P & P Contractors of Roctteder Pec American Car *uctlon 8 Panantormt Systems Inc 62-49 30th Avenue 8 Ambrose Street Wingate &i East 1563 Montauk Highway PC & J Contracting Co Inc 33.46 56th Strad Pdw Chardon 4/10195 Prier Pan Spraykg Inc Pic M Ertkrprises Inc 21 Rlctwrd Lane IOne Marine Midland Plaza Pleb Construction Corporation I'1 PoloervirhrsM Ceramic Tile 13 Juneberry Lane DOL 411402 Puod Masonry 8 Construction Corp 12 HucMebetq► Lane 4 willful violations Rochester Reay Gorton Company 208 Meadow Rd, PO Boor 386 RIP Marine Systems Inc 1332 -0411th Avenue 6127102 employer stipulated to debamroM Roxo 1=1st�eetti 8 Sons Services 12DO Hempstead Avenue Tuesday, November 16, 1999 Glencove NY 11542- 12/161'96 12116!96 NYC 12!18101 ElmontNY BUIMIle 11003 4/10195 DOL 4/9/00 falsified payrolls Warsaw --j NY 14589- 424196 4/14/97 DOL 411402 Schenectady NY Ifatsifled payrolls BUIMIle NY 10915- 1/27/98 DOL 1/27103 fais1w payrolls Woodside NY 11377- ® DOL ® 4 willful violations Rochester NY 14608 �� 887/97 DOL 6127102 employer stipulated to debamroM Valley Stream Ifalsifled payrolls Oakdale 11769- 7/15/97 2!497 DOL 2/4/02 3 willful violations and falsified payrolls - original debarment period edended Woodside —� NY 11377- 10/31/95 10/31195 NYC 10/31/00 u L�J see DME Contracting Inc Huntington ^� NY 11743 4/10/97 4!10/97 DOL 4/10102 Bingtmmton NY 13901- 8/12/97 DOL 8112102 falsified payrolls — = = ism G&C Construction Corp Liverpool NY 13090- 12128/95 126/95 DOL 126AD0 Hampton Bays NY 14 wilful violations and falsified payrolls Elbridge NY 13060- 420194 7/31P96 DOL 7/31/01 College Point I NY 11356- r_-� ® NYC ® falsified payrolls West Hempstead NY 11532- ® NYC 518/01 6 Wilful violations Page 8 of 10 rt ttllt flwl �0111111111 AIW= city nbb a0oII1 M IIThI KrjW U.riI eta lam Roof Derrrics Inc 289 F Skidmore Road NY 11729- �3/26/9t� DOL �I yn S & D Contracting Inc 1035 Boyce Road, Ste 116 IPKWxnh S I M G Painting Co Inc. 1364 Buffalo Road l ochester 1 Sschern Structural Steel Inc P O Box 562 Conon SdwyW SpecWtles Inc 324 May Avenue Schenecta�r—� Scott Garneche F 2 Dorchester Street �lagara Falls Savis Construction Inc 255 52nd StreetBrooldyn 4/18197 Sheraef Enterprises Inc I230 Pralt Shad IBuffalo Soulhvvedem Envkorxnentd 676 MountairMew Drive jLewlsbw Speer Management Inc I 3657 Clover Street Henrietta Sperisieri Painting Co Inc 101 Dwight Park Drive (S cyracuse � Supeft Rooft Inc 15M Cedar Street jOgderisWrg Supreme Beotrical Contracting Inc 5306 Church Avenue Brooliyn TBK D"M Construction Thanes and William Waebel Tharnas GokM,* Boor 228 86 Courier Boulevard Laurel �— � Diamond Masonry Inc Than P O Bax 485 F--� Famringvilk� C� � 10/15197 DOL 10/15ro2 Tower Bukdng Maintenance & M TPK Construction Corporation Turco Cmdniction Inc 134716rgstand Avenue I 1116124 S Van Bnmt Street 14 Nursery Lane I 18rooklyn—� Englewood JlRye --1 PA W-1 15231- 4/18197 DOL 4/18102 NY 14624 1/8/99 1/8199 DOL 1/8/04 NY 11727- � 5120197 DOL 5/4100 NY 12301- L J 4/30/97 DOL _ �4/30� NY 14305- I--- F&13197 OL- [D6[-- 9!9/01 24 willful violations with falsified p!yrolls LOW payrolls - ---_— - dbba Colonial Painting Co ] falsified payrolls 4 willful violations dba Niagara Top Line Builders - falsified payrolls 3 willful violations falsified payrolls ——� 5 willful violations falsit�ed records Ism Thomas and William Kraebd dba TBK Drywrall Construction dba Goldrick Custom Homes 1 see DME Contracting Inc 1 multiple willfuls falsified payrolls 3 willful violations - debarment period e)Qended Tuesday, November 16, 1999 Page 9 of 10 11220- ® 727/97 DOL/NYC 7127/02 NY 14203- � 12N8196 DOL 12/18/00 NY 14092- 321/90 514195 DOL 5/4100 14467- 9/1/94 ® DOL 0 13209- Z/12/96 � DOL 9!9/01 NY 13669- � 10/15197 DOL 10/15ro2 NY 11203- � 8✓11 /99 NYC 6/11 /04 NY 11948- 1/9/97 1/9/97 DOL 119/02 NY 14217- 9/30/96 � DOL 9130/01 11738- ® 10H 3195 DOL 10H 3100 NY 11222- � 1124/98 DOL 11/24/03 NJ 07631- � ® DOL 2/2/03 NY 10580- ® 11/25198 DOL 11/25/03 24 willful violations with falsified p!yrolls LOW payrolls - ---_— - dbba Colonial Painting Co ] falsified payrolls 4 willful violations dba Niagara Top Line Builders - falsified payrolls 3 willful violations falsified payrolls ——� 5 willful violations falsit�ed records Ism Thomas and William Kraebd dba TBK Drywrall Construction dba Goldrick Custom Homes 1 see DME Contracting Inc 1 multiple willfuls falsified payrolls 3 willful violations - debarment period e)Qended Tuesday, November 16, 1999 Page 9 of 10 rt tett Wal a�l�• !!!!±belt MY no aair M 111fIil OW In. IM llttit VIOM Cmeading Corporation P O Box 176 Mamaroneck NY 10543- 117/97 NYC 611/00 the date of debarment commences on date the contractor entered into a guilty plea to one count of Offering a False Instrument for Filing in the Second Degree, a Class A misdemeanor - 6 falsified payrolls violations atwway Construction Corporation 1201-01 Northern Blvd`! ISayskle NY 11361- 11/26196 DOL 11126!01 talsitxai payrolls Tuesday, November 16, 1999 Page 10 of 10 18eaver Dams nagement Services - falsified NY 14612- �J I � '� I DOL 6!30104 gyne Lancaster, Individually JWW McLaughlin Hill Rd I reooro IFlushing NY 11354 L� 9/11 /96 NYC 9111 /01 multiple willful violations and falsified est Coast Construction Inc 144 M 25th Road I payrolls Places -M ThMgs Inc I ISefldrk NY 12156- 10116/98 DOL 10/26/03 falsified payrolls A SdWberger 152 High St, P O Box 836 I NY 14456- 3/25x97 3/25/97 DOL 3±15102 dba A & L LwKIscape Mainlenance� lGeneve willful violations Yatwo Fence Company 10 High Sheet West Nyack � NY 10994- 8/24/93 ® DOL Tuesday, November 16, 1999 Page 10 of 10 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. 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. b. 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 withouf-discriminationbecause 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. C. 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. d. 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. Roller Hockey Rink M-1 e. 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. g. 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. h. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as 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). Roller Hockey Rink M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. 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. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 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 of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Roller Hockey Rink N-1 2. 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.S.C. 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 furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (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 otherwise provided by law. Roller Hockey Rink 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." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required 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 -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Sub -part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub -contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (1), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub -part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Roller Hockey Rink N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) 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 are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Roller Hockey Rink 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 PROCUREMENT STANDARDS A. All contracts for construction or repair shall include -a prevision for compliance with the Copeland "Anti -Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. 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.Q 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, ro 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. Roller Hockey Rink N-5 C. 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 prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. D. 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. E. 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. F. 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. G. 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. H. 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 subgrantees and to assure that suspected or reported violations are promptly investigated. Roller Hockey Rink 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. 2. 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. 3. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration 'of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Roller Hockey Rink 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. 6. 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. 7. 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. 8. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Roller Hockey Rink ow SPECIFICATIONS: CONSTRUCTION OF A ROLLER HOCKEY RINK FACILITY Peconic Lane Park Peconic Lane Peconic, New York 11958 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: A. 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. B. The work in this project includes the construction of a roller hockey rink as detailed in the plans and specifications contained herein. C. 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. C. This contract includes all site work necessary for the completion of work, including but not limited to the final grading of drainage areas immediately adjacent to the perimeter of the rink, including topsoil & seeding. D. The contractor shall be responsible for the installation of a four (4") inch diameter PVC conduit @ 24" below grade that shall run from the scorers table located at center line and shall extend in both directions. The conduit shall be capped off two feet beyond the extent of proposed asphalt pavement and the cap locations shall be recorded for future electrical installations. E. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS A. The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Roller Hockey Rink 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 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. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Roller Hockey Rink: 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Roller Hockey Rink: 1600-1 1.05 SUBSTITUTIONS The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Roller Hockey Rink: 1600-2 DIVISION TWO - SITEWORK 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 . lsewhere:1. Earthwork - 2200 1.02 MEASUREMENT & PAYMENT: A. Quantities shall not be measured and payment shall be at the contract 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 in the Parking Lot in an approved location designated by the Town. This material shall be removed by Town Highway Personnel at no cost to the ` Contractor. Roller Hockey Rink: 2100-1 B. All construction debris generated at the site shall be removed by the contractor. Burning of material on the site will not be permitted. C. 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. D. 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 Roller Hockey Rink: 2100-2 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the Roller Rink limit 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. 3. Excavation and Backfilling of trenches. Limit of work under this contract shall include the entire site. B. 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. Roller Hockey Rink: 2200-1 3. 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 dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. C. In excavating for footings, take care not to disturb bottom of excavation. Excavate by hand to final grade just before form -work and concrete reinforcement is placed. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. 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. C. Paved Areas: Compact top 12" of sub -grade and each layer of backfill or fill material at 95% maximum dry density. 3.03 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 rink. 3.04 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. Roller Hockey Rink: 2200-2 B. All rough grading along the North side of the rink to establish the proposed drainage swale shall be the responsibility of the Contractor. This swale shall extend for the entire length of the Rink (200'+/-) and be approximately thirty (30') feet wide with one on six (1:6) side slopes converging in the center. 3.05 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 Roller Hockey Rink: Section 2500 - PAVING & SURFACING Part 1 - GENERAL 1.01 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 1.02 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. B. Requirements of Regulatory Agencies: Comply with all applicable requirements of the Town of Southold Highway Specifications. 1.03 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. Part 2 - PRODUCTS 2.01 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. 2.02 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. 2.03 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. Roller Hockey Rink: 2500-1 B. The Asphalt Binder Course: shall be two and one-half (2'/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.). C. The Asphalt Wearing Course: The wearing course shall be one and one-half (1 '/2) 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 (percent Sizes passage) passage) 1 inch 100 0 '/2 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. Roller Hockey Rink: 2500-2 B. 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 vibratory 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. C. 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. 2. 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. Roller Hockey Rink: 2500-3 D. Asphalt Base Course: 1. The binder course shall be placed on the stabilized base course when it has been satisfactorily completed and approved by the Engineer or Inspector. The material shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen -foot width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten -ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by one-half ('h) of the roller wheels. A minimum of four (4) passes of rollers will be required. 2. The temperature of the material, when placed, shall not be less than two hundred twenty-five degrees Fahrenheit (225° F.). No material shall be placed when the air and surface on which the material is to be placed is below forty degrees Fahrenheit (40° F.). E. Asphalt Wearing Course: 1. The wearing course shall be placed on the binder course when it has been satisfactorily completed and approved by the Engineer. The material shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen -foot width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by one-half (Y2) of the roller wheels. A minimum of four (4) passes of rollers will be required. 2. The temperature of the material, when placed, shall not be less than two hundred twenty-five degrees Fahrenheit (225° F.). No material shall be placed when the air and surface on which the material is to be placed is below forty degrees Fahrenheit (40° F.). Roller Hockey Rink: 2500.4 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 proposed drainage swale area immediately adjacent to the proposed hockey rink and as specified herein. B. Related work specified elsewhere - 1 . lsewhere: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. Commercial fertilizer shall have the following composition by weight: nitrogen, ten (10%) percent, phosphoric acid (P205), twenty (20%) percent, 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 specked 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 Roller Hockey Rink: 2800-1 Part 3 - EXECUTION 3.01 GRADING OF DRAINAGE SWALE: A. The Contractor shall construct a drainage swale immediately adjacent to the North side of the Hockey Rink. This swale shall extend for the entire length of the Rink (200',/-) and be approximately thirty (30') feet wide with one on six (1:6) side slopes converging in the center. 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 pre -emergent weed control shall be applied to the area 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 Roller Hockey Rink: 2800-2 DIVISION THREE - CONCRETE 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 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. Provide all galvanized steel Anchor Bolts & steel reinforcing bars as required by the work and as indicated on the drawings. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACI 318 "Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air -Entraining Admixture: ANSI/ASTM 260. D. Concrete mixes shall have minimum design strength of 3,000 PSI @ 28 days. Roller Hockey Rink: 3000-1 2.03 STEEL REINFORCEMENT MATERIAL: A. Reinforcement shall be # 4 Bars - Grade 40 deformed type reinforcement. 2.04 CONSTRUCTION JOINT MATERIAL: A. Construction joints shall have 1/2" pre -molded joint filler - full surface. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form -work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form -work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form -work to be readily removable without impact, shock or damage. 3.02 PLACING REINFORCEMENT: A. Comply with concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars", for details and methods of reinforcement placement and supports. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. C. Accurately position, support and secure reinforcement against displacement by form work, construction, or concrete placement operations. D. Place reinforcement to obtain at lease minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in place during concrete placement operations. Set wire ties so ends are directed into concrete. 3.03 CONSTRUCTION JOINTS: A. Locate and install construction joints, which are not shown on the drawings, so as not to impair strength and appearance of the structure. B. Place joints @ a minimum of 50'-0" on center and perpendicular to the main reinforcement. All reinforcement bars shall run continuous across and through construction joints. END OF SECTION Roller Hockey Rink: 3000-2 DIVISION FIVE - METAL 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 5500 - FENCING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all fencing work with gates and locking hardware as shown or indicated on the Plans and in these specifications. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. Southold Town Code "Highway Specifications". B. Qualification of Field Welding: Qualify welding processes and welding operations in accordance with AWS "Standard Qualification Procedure". C. Performance requirements: Impact Loading - All fence posts & rails shall have heavy duty connections capable of withstanding an impact or lateral load of 200 pounds applied midway between posts and at the center of all horizontal members. All chain link fabric shall be capable of withstanding a concentrated lateral load of 100 pounds applied anywhere between supports on an area 12 inches square. Part 2 - PRODUCTS 2.01 MATERIALS: A. Fence Posts - Three (3) inch diameter Schedule 40 Galvanized Pipe. Typical (Provide 4 each - 4 inch diameter Schedule 40 Galvanized Pipe as noted.) B. Concrete Footings - 3,000 PSI Concrete C. Top, Bottom & Intermediate Rails - Two (2) inch diameter Schedule 40 Galvanized Pipe. Typical D. Fence Gate - Two (2) inch diameter Schedule 40 Galvanized Pipe. Typical E. Vinyl Clad Chain Link Fabric - Six (6) gage aluminum with Two (2) inch mesh. Black Vinyl coating. Roller Hockey Rink: 5500-1 F. Aluminum Ties - Six (6) gage aluminum. G. Galvanizing - ASTM A 525, G 60. H. Galvanizing Repair Paint - high zinc -dust content paint for repair of damaged galvanized surfaces complying with Military Specifications MIL -P-21035 (Ships). Part 3 - EXECUTION 3.01 PREPARATION: A. The contractor shall study the plans and specifications contained herein in order to ensure completeness of all work. B. The contractor shall coordinate and schedule the work with other trades. Anchors, sockets, fastenings, or other miscellaneous items to be embedded in concrete or asphalt, or required for securing metal work to other construction shall be furnished as required so as not to delay progress of the work. C. All gates shall be constructed with lock -able latch mechanisms suitable for the proposed construction. 3.02 INSTALLATION: A. Install all items to the configuration called for on the drawings or specified herein. Completed items, including welds, shall be smooth, clean, straight, true and free of blemishes. B. Install all items plumb, level, true and properly aligned. Provide anchor straps at each vertical fence post and fasten to the dasherboard frame with non- corrosive fasteners of type and materials appropriate for the installation. C. Contractor shall be responsible for cutting and removing a minimum 12" diameter hole in the Asphalt Surface for the installation of fence post footings. All such work shall be clean and uniform in nature and may require painting depending on the appearance as provided in the final installation. D. Chain Link Fabric shall have aluminum ties at 12" on center minimum for each vertical and horizontal member of the fence system. E. All fence gates shall be constructed of two (2") inch Schedule 40 Galvanized stock with diagonal bracing constructed of type and materials appropriate for the installation. The ten (10') foot wide access gate shall have diagonal cross bracing. END OF SECTION Roller Hockey Rink: 5500-2 DIVISION SIX - WOOD & PLASTIC 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 6100 - ROUGH CARPENTRY - DASHERBOARD FRAMING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all Structural, Non-structural, and miscellaneous wood framing, including, but not limited to the following: 1. Wood Studs. CCA Pressure Treated 2. All miscellaneous framing, wood plates, blocking, back-up, etc. CCA Pressure Treated 3. All fasteners, screws, nails and rough hardware. B. Related work specified elsewhere: 1. Dasherboard Facing - 9650 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks & shall be CCA Pressure Treated. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, Class, identification index, and inspection agency mark. Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). Roller Hockey Rink: 6100-1 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. All wood materials shall be CCA Pressure Treated Lumber. 3. Blocking, furring, grounds and nailers shall be grade #2, Southern Yellow Pine. No grade #3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Pressure Treated Lumber. B. Plywood: 1. Sheathing shall be CCA Pressure Treated 3/4" & 3/8" thickness as Indicated on the plans. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, backup, etc., as shown on the drawings, called for in the specifications or as necessary for the proper installation of any item, fixture, or trim that shall be constructed as appropriate for intended use. C. Wall Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints & increase spacing during damp weather. 2. Screw all plywood panels as per APA recommendations to develop full rated panel strength. All screws to be countersunk at all exposed surface locations. 3.03 DRAINAGE SCUPPERS - DASHERBOARD SYSTEM A. Provide 1-1/2" high x 8" wide drainage scupper openings in the bottom plate of the dasherboard wall at 8'-0" on center. B. Scupper openings shall be uniform in size and shall be located along the straight section of the northern most wall extending from the access gate to the beginning of the radius wall section. Openings shall extend through the dasherboard finishing system. END OF SECTION Roller Hockey Rink: 6100-2 DIVISION NINE - FINISHES 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 9650 - DASHERBOARD FACING Part 1 - GENERAL 1.01 DESCRIPTION: A. The Contractor shall furnish and install one complete set of Dasherboards as indicated on the drawings and specified herein. The Contractor shall be responsible for all necessary labor, materials, equipment and services to provide a complete, fully functioning dasherboard system. Any and all necessary items that have not been specifically detailed or specified for the completion of this project shall be the responsibility of the Contractor. B. Related Work Specified Elsewhere: 1. Rough Carpentry - Dasherboard Framing - 6100 1.02 SUBMITTALS: A. Samples of all dasherboard facing materials shall be submitted to the owner prior to fabrication of any item, for approval of quality and color. 1.03 QUALITY ASSURANCE: A. All materials shall be as indicated on the plans and specifications and shall be constructed, manufactured and installed as per plans and specifications. All equipment and material supplied under these specifications shall be new and of the highest grade material and construction. B. Approved Manufacturer: Rink Systems, Inc - 1103 Hershey Street, Albert Lea, Minnesota 56007. 1-800-944-7930 Alternate manufacturers may be submitted for the Architects review. Part 2 - PRODUCTS 2.01 MATERIALS & EQUIPMENT: A. Dasherboard Facing: TM 1. Dasherboard cladding shall be Rinkmaster Outboard FRP facing or approved equal. 2. The facing shall be constructed of 1/2" Exterior Grade Plywood with .090 Fiberglass Reinforced Plastic (FRP) laminated to the play side. Roller Hockey Rink 9650-1 3. FRP shall be factory laminated, color white, texture smooth. The top edge shall have an all-weather Polyaspartic Aliphatic Polyurea (PAP) spray -on coating. 4. On panels that require red or dark blue lines, the facing shall be removed by the widths specified so that a Y2" thick red or dark blue panes of high molecular weight polyethylene can be inserted. Lines shall extend from the kickplate to the caprail. 5. The Y2" polyethylene and RFP Laminates shall be attached to the dasherboard surface one (1 ") inch Phillips flat .head type, 14 gage wood screws. Spacing of fasteners shall not exceed 12" on center and installed in a uniform pattern throughout. All exposed fastener heads shall be countersunk and painted to match facing color. 6. All panel edges exposed or butted to each other shall be painted with two (2) coats of white porch and deck alkyd enamel paint with mildewcide additive. B. Dasherboard Gates: 1. Access gate shall be eight (8'-0") feet wide as indicated on the drawings. Provide diagonal bracing as required to prevent sagging. (Swing as indicated'on the drawing) Threshold for Access Gate shall be one & one half (1- Y2') inch above floor level. 2. Players gates shall be eight (3'-0") feet wide as indicated on the drawings. Provide diagonal bracing as required to prevent sagging. (Swing as indicated on the.drawing) 3. The single bar gate latch mechanism for player gates shall be as designed on the drawings and shall be adjusted such that it can be closed and latched tight in a single movement. All latches shall be constructed of solid welded steel construction. 4. The sliding bar type gate latch for the Access Gate shall be constructed of 2" x 2" x .12" square tubing for structural rigidity, with a large grasp handle. Slide bars fabricated from round tube shall be unacceptable. (Provide top & bottom latches at Access Gate.) Gate shall lock into the Steel Threshold with 3/4" x 12" long cane. bolts. .5. All single swing access and player gates shall have door stops anchored to the dasherboard frame. C. Caprail: 1. The caprail shall be constructed of 3/4" thick high density polyethylene. Color shall be Dark Blue. The caprail must have a textured or mat finish. A smooth finish shall be unacceptable. 2: The caprail shall be attached to the top plate with 1" Phillips flat head type, 14 gage wood screws. Spacing of fasteners shall not exceed 24" on center. All exposed fastener heads shall be countersunk and painted to match caprail color. 3. The caprail shall have radiused edges on the front and back edges. Roller Hockey Rink 9650-2 D. Kickplate: 1. Kickplate shall be constructed of 1/4" thick x 8" high, high density polyethylene and shall surround the entire rink. 2. Color shall be Yellow. 3. The top edge of the kickplate shall be beveled. 4. The kickplate shall be attached to the dasher panel with 1" Phillips flat head type, 14 gage wood screws. Spacing of fasteners shall not exceed 24" on center. All exposed fastener heads shall be countersunk and painted to match caprail color. 5. Red center line and blue lines shall be flush or integral with the kickplate. E. Goal Frames & Netting. - 1 . etting:1. Goal frames shall be model # 109 - 0121 "roller hockey package with rubber pegs" as manufactured by Rink Systems, Inc. 2. Hockey nets shall be 2" diamond mesh and treated with a vinyl coating for strength and shall be of one piece construction. 3. Goal frame padding shall be installed on all interior frame members As manufactured by Rink Systems, Inc. Part 3 - EXECUTION 3.01 Installation: A. The Contractor shall provide, construct, fabricate and deliver all materials to the job site as needed to construct the dasherboard system as detailed on the plans and specified herein. All materials shall be installed in a workmanlike manner with all boards and shielding to be straight and true in line and properly braced. B. Installation of all pre -finished materials and manufactured products shall be in strict conformance with all manufactures guidelines, requirements and instructions. 3.02 Cleaning: A. Clean all surfaces removing all evidence of dirt, packaging materials and protective wrappings. B. Replace all damaged materials including scratched or gouged FRP facing materials. END OF SECTION Roller Hockey Rink 9650-3 Section 9750 - PLEXIFLOR IN-LINE SKATING SURFACING SYSTEM Part 1 - GENERAL 1.01 DESCRIPTION: A. The Contractor shall be responsible for the application of the Plexiflor Color Finish System over the prepared Asphalt Surface intended for use as a roller Hockey Arena. The materials specified in the site plans shall be of colors indicated and for application over the Plexipave Acrylic Latex System. B. Related Work Specified Elsewhere: 1. Dasherboard Facing - 9650 1.02 QUALITY ASSURANCE: A. All work shall consist of suitable cleaning and preparation of the asphalt surface to assure a satisfactory bond of the system to the existing surface. B. The application of the Acrylic Latex Color Surface System shall be installed as per all manufacturers specifications. C. All coverage rates contained herein are calculated prior to dilution. Part 2 - PRODUCTS 2.01 MATERIALS: A. All materials shall be Plexiflor in-line Skating Surfacing System or approved equal. 1. One Coat Acrylic Resurfacer 2. 2 Coats of Fortified Plexipave 3. 2 Coats of Plexiflor 4. Plexicolor Line Paint Part 3 - EXECUTION 3.01 SURFACE PREPARATIONS: A. The new Asphalt surface shall be prepared to meet minimum requirements of surfacing manufacturer's specifications prior to application of surfacing system. The surface must be checked for birdbaths, cracks, and other irregularities and repaired with Court Patch Binder according to Manufacturer's Specifications. B. Court Patch Binder Mix shall be as follows: 100 lbs. #80-100 Mesh Silica Sand (dry) 3 gallons Court Patch Binder 1 to 2 gallons Portland Cement Roller Hockey Rink 9750-1 3.02 APPLICATION OF ACRYLIC FILLER COAT.- A. OAT:A. Application of the Acrylic Resurfacer Mix shall be applied to the clean, dry, level surfaces to receive the Plexiflor Surfacing System. The mix shall be applied according to manufacturers specifications using the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20-40 gallons Sand (60-80 Mesh) 600-900 pounds Liquid Yield 112-138 gallons B. Apply the Acrylic Resurfacer Mix in two coats at a rate of .05-.07 gallons per square yard per coat. 3.03 APPLICATION OF FORTIFIED PLEXIPAVE: A. After the filler coat application has dried, apply two coats of Fortified Plexipave at an undiluted rate of .05-.07 gallons per square yard per coat using the following mix: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons 3.04 PLEXIFLOR APPLICATION: A. Plexiflor is factory premixed and ready to use from the container. The material may be diluted with one (1) part water to six (6) parts Plexiflor to flowability and provideuniform application. B. Coverage shall not be less than .04 gallons per s.y. per coat. Total application not less than .10 gallons per s.y. A 50 durometer M.F.G. adjustable squeegee shall be used. If total application rate cannot be met in two coats, a third coat will be necessary to meet specification. C. Plexiflor is applied in windrows (in a similar manner to Plexipave) on the surface with sufficient quantity to cover as the squeegee is pulled over the surface. Apply only light pressure to the squeegee. Do not allow ridges to form between passes of the squeegee. Ridges existing after material dries shall require corrective action. D. Plexiflor and its preliminary coatings should be allowed to thoroughly dry prior to application of subsequent coats. 3.05 PLAYING LINES: . A. Four hours minimum after completion of the color resurfacing, playing lines shall be accurately located and marked. All markings shall be inspected by the Town prior to application of paint. Approved layout shall be painted with Plexicolor Line Paint as specified by the National In -Line Hockey Association. Roller Hockey Rink 9750-2 3.06 GENERAL SPECIFICATIONS & LIMITATIONS: A. The contractor shall remove all containers, surplus materials and debris upon completion of work leaving the site in a clean, orderly condition that is acceptable to the owner. Gates shall be secured and all containers shall be disposed of in accordance with Local, State & Federal Regulations. B. Materials specified for the Plexiflor System shall be delivered to the site in sealed, property labeled drums with manufacturers labels that are stenciled with the proper batch code numbers. Products packaged or labeled in any other manner will not be accepted. Mixing with clear, fresh water shall only be done at the job site. Coverage rates are based upon material prior to mixing with water as specified. C. Limitations for placement of materials are as follows: * Do not apply if surface temperature is < 50 degrees F or > 140 degrees F. * Do not apply when rain or high humidity is imminent. * Do not apply when surface is damp or has standing water. * Plexiflor will not hide surface imperfections of previous coatings. * Keep from freezing. Do not store in the hot sun. * Keep containers tightly closed when not in use. * Coefficient of friction = 0.78 * Keep Court clean and free of debris at all times during placement of finish system. * Coating Application Drying Time: 30 minutes to 1 hour at 70 degrees F - 60% relative humidity. END OF SECTION Roller Hockey Rink 9750-3 N fn �y 111 ` J 0 �L'�� D o<") Z 5UR\v/EY OF PROPERTY U H � SITUATE: PEGONIG xx Q� TOWN OF SOUTHOLD r•i rl 17 A SUFFOLK COUNTY, NY � SURVEYED 11-20-10 o - ^ e a SUFFOLK COUNTY TAX • 10W- l4 - 5- 6 ' ,-•``="."`` 1 Road .�, a CERTIFIED TO, 1 g l a n d 20 1 .� F TOM OF 50VTHOLD TITLE�TM MANY O T•- °�.: ,.11` q A ......---""' d U W a c W cn a cnU C'U � w MEyro9� O W 11►pg L� °p14O m �oEW 2 SPACE t ... •. o, oo E� -3 joA-2E#. PN A , s9 4l i o �1 O- L y Sheet ' o W W OAS, PL • SEE o- N N 1 T d Cl 7 SWALETN�S SPE CIFICATIONS'' i CD . 14EWpRA1N SEE AREA ! 30' 1 +i- 95' ! 1 SPA CES 11 :•.�i r M + ■ F� FOUND 0 PIPE FOUND 1 1hj�✓ '1 j C7=1'.CC—C HEDGE '- - MVA REFERENGE DEED L. 6492 P. 142-143 i °a.31� - � 1 FSR a i'"'j ze1 i` Graphite Scale 1" = 1001 N fn �y 111 ` J 0 �L'�� D o<") Z U H � xx Q� r•i rl 17 A z o U a ' O U w a a U q A d U W a c W cn a cnU C'U � w MEyro9� O W 11►pg 0 00 10'-0" 34'-0" 132'-0" 34'-0" 10'-0" HIGH FENCE 6'-9" HIGH FENCE 6'-9" HIGH FENCE 10'-0" HIGH FENCE 10'-0 4" DIAMETER 4" DIAMETER FENCE POST FENCE P ---- -------------------------- - ----- -------- OST 5 _ TOP OF CONCRETE N PROVIDE 10'-0"Wide x 6'-8" High FOUNDATION l DOOR IN FENCE & 8'-0" Wide GATE TOP OF CONCRETE ELEVATION 0 + 0" IN WALL. (Full Height this location.) FOUNDATION ELEVATION 0 + 0" 4" DIAMETER PVC CONDUIT p FOR FUTURE ELECTRIC THIS z m w v AREA. SEE SPECIFICATIONS. 1 U (n i a A- opo a0 CL � i=„ J N w v PROVIDE 3" Dia. PVC CONDUIT a Q ~ n. @ 24" BELOW GRADE FOR FUTURE ELECTRICAL CONNECTIONS BY OTHERS (Verify -exact location in field.) PROVIDE 3'-0" x 6'-8" GATE IN FENCE. TOP OF CONCRETE 2 TYPICAL AT THREE LOCATIONS. FOUNDATION A - TOP OF CONCRETE ELEVATION (+) 10" FOUNDATION ELEVATION (+) 10" , 4" DIAMETER 4" DIAMETER i o- / FENCE POST FENCE POST c 0 6'-9" HIGH ' 10'-0" HIGH FENCE 6'-9" FENCE 1 FENCE 10'-0" HIGH FENCE 34'-0" 24'-0" 30'-0" 8' 8' 8' 30'-0" 24'-0" 34'-0" 58'-0" 84'-0" 58'-0" 200'-0" ROLLER HOCKEY RINK PLAN SCALE: 1"=20.00' N ti oM L) U) O IZ .. ' 6 6 p F� cZ W x � � ti C7 O � w U � a z ' 0 U W a SECTION DETAIL 2" DIAMETER TOP RAIL 3" DIAMETER FENCE POST @ 8'-0" O.C. - TYPICAL. 2 1/4" VINYL CLAD CHAIN LINK FENCE FABRIC. PROVIDE TIES @ 12" O.C. TYP. @ ALL POSTS & RAILS. 2" DIAMETER INTERMEDIATE RAIL. 2" DIAMETER BOTTOM RAIL. �2x6 CCA TREATED DECKING. j— 2x6 CCA TREATED JOISTS @ 16" O.C. 2x6 CCA TREATED SLEEPERS. FENCE POST FOOTING 3,000 PSI CONCRETE 12" DIAMETER (Min.) 2 SECTION DETAIL DASHERBOARD FACING SEE SPECIFICATIONS. Typ. 0 0 3'-0" WIDE DOOR SEE PLAN DETAIL. SEE SECTION DETAIL # 1 FOR ADDITIONAL NOTES o � 2 1/4" VINYL CLAD CHAIN E� W H 2" DIAMETER TOP RAIL. I LINK FENCE FABRIC. N U) PROVIDE TIES @ 12" O.C. ' 3" DIAMETER FENCE POST TYP. @ALL POSTS &RAILS. @ 8'-0" O.C. TYPICAL. •� 'n (4'-0" O.C. @ EACH RADIOS) I G 2" DIAMETER INTERMEDIATE RAIL. NOTE: PROVIDE HEAVY DUTY - - m O w CONNECTORS BETWEEN ALL I 2x8 CCA TOP CAP - PROVIDE f� FENCE POSTS & RAILS. TYP. w 9L 2 LAYERS CCA TREATED O W 3/4" PLYWOOD CUT TO 20' 2" DIAMETER BOTTOM RAIL. RADIUS WHERE REQUIRED. M ANCHOR EACH FENCE POST TO 2x6 CCA TOP PLATE - PROVIDE WALL WITH METAL STRAPS. 2 LAYERS CCA TREATED - 3/4" PLYWOOD CUT TO 20' RADIUS WHERE REQUIRED. 2x6 CCA STUDS @ 16" O.C. � W 3/4" TREATED PLYWOOD 2-2x6 CCA PLATE. (BOTTOM u F FASTEN WITH SCREWS PLATE TO HAVE 12" WIDE M @ 8" O.C. & COUNTER SINK SCUPPER OPENINGS W ALL HEADS, TYP. (PROVIDE @ 8'-0" O.C. FOR DRAINAGE. 2 LAYERS 3/8" WITH STAGGERED JOINTS 1 ''/z" ASPHALT WEARING SURFACE. 8,, @ RADIUS) 1 %:" ASPHALT WEARING SURFACE FLUSH WITH N TOP OF CONCRETE. 2 %" ASPHALT BASE COURSE. 2 '/2" ASPHALT 2 - #4 BAR - CONTINUOUS. TYP. BASE COURSE. o rn '/" x 18" GALV. ANCHOR BOLTS ( 4" RCA /STONE BLEND BASE. @ 4'-0" O.C. TYPICAL I FENCE POST FOOTING - 3,000 PSI CONCRETE @ 12" DIAMETER (Min.) 3,000 PSI CONCRETE FOOTING. 12„ SECTION DETAIL 2" DIAMETER TOP RAIL 3" DIAMETER FENCE POST @ 8'-0" O.C. - TYPICAL. 2 1/4" VINYL CLAD CHAIN LINK FENCE FABRIC. PROVIDE TIES @ 12" O.C. TYP. @ ALL POSTS & RAILS. 2" DIAMETER INTERMEDIATE RAIL. 2" DIAMETER BOTTOM RAIL. �2x6 CCA TREATED DECKING. j— 2x6 CCA TREATED JOISTS @ 16" O.C. 2x6 CCA TREATED SLEEPERS. FENCE POST FOOTING 3,000 PSI CONCRETE 12" DIAMETER (Min.) 2 SECTION DETAIL DASHERBOARD FACING SEE SPECIFICATIONS. Typ. 0 0 3'-0" WIDE DOOR SEE PLAN DETAIL. SEE SECTION DETAIL # 1 FOR ADDITIONAL NOTES o � E� W H N U) 00 ' •� U oM 9Z G E� W H 00 x U a Com.. -ti m O w � f� w 9L O W M a � W O u M ^v W DOUBLE STUDS @ JAMBS. TYP. HEAVY DUTY GALV, HINGES. TYPICAL NOTE: FABRICATION OF GATE & LATCH MATERIALS SHALL BE WELDED & GROUND SMOOTH ON EXPOSED SURFACES. GALVANIZING SHALL BE APPLIED TO ALL SURFACES & FIELD REPPAIRED WITH GALV. PAINT AS REQUIRED AS PER INDUSTRY STANDARDS. 2x6 CCA TREATED STUDS @ 16" ON CENTER. Typical 3/4" CCA TREATED PLYWOOD DASHERBOARD FACING 3'-0" 3/4" CCA PLYWOOD 10° - 2x6 CCA FRAMING 1/4" x 5" LAGG BOLTS LATCH CONSTRUCTION TO BE DOOR PLAN 2" x 1/2" THICK FLAT METAL GALVANIZED MATERIAL. TYP. 1/2" DIAMETER GALV. HAND HOLD @ LATCH. 2 - 2x6 CCA TREATED BOTTOM PLATE. PROVIDE 1-1/2"x8" WIDE DRAINAGE SCUPPER @ 8'-0" ON CENTER IN DASHERBOARD Typical @ NORTH WALL. ASPHALT PAVEMENT See Section Detail # 1 2 - #4 BAR - Continuous 1/2 " x 18" Galvanized Anchor Bolts @ 4'-0" on center. Typ. 3,000 PSI Concrete Foundation h�O�g�ff0(�coGy m STED LATCH ELEVATION PITCH = END VIEW DASHERBOARD FACING SEE SPECIFICATIONS. ASPHALT PAVEMENT See Section Detail # 1 -DRAINAGE SCUPPER DETAIL Bid Specifications For: ROLLER HOCKEY RINK - PECONIC DANE PARK PECONIC LANE, PECONIC, New York 11958 SOUTHOLD TOWN PREPARED BY., JAMES A. RICHTER ENGINEERING DEPARTMENT REGISTERED ARCHITECT NTS DATE: 3/1/2000 SCALE: Not to Scale DWG. # : A -3- A N O � e STED LATCH ELEVATION PITCH = END VIEW DASHERBOARD FACING SEE SPECIFICATIONS. ASPHALT PAVEMENT See Section Detail # 1 -DRAINAGE SCUPPER DETAIL Bid Specifications For: ROLLER HOCKEY RINK - PECONIC DANE PARK PECONIC LANE, PECONIC, New York 11958 SOUTHOLD TOWN PREPARED BY., JAMES A. RICHTER ENGINEERING DEPARTMENT REGISTERED ARCHITECT NTS DATE: 3/1/2000 SCALE: Not to Scale DWG. # : A -3- NAME OF r /' BIDDER. Z, Z4*tl DATE: __W0114 Phone #: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: r ' (written in w ds) (written i 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified, check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this forty-five (45) days, the Town will acceptor period. Signature of Bidder: Business Address: and shall remain in effect for a period of mutual agreement may extend this time Roller Hockey Rink 100 D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that jJaQXdo e zZ iA� of inc be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 G'o2� zz�.�c- /a.iph9�T � r✓c #&47 day (SEAL OF THE CORPORATION) / Laws of New York, 1965 Ch. 761, Sec. 103-d, as amended effective September 1, 1966 Roller Hockey Rini. JUDITH B. WURTI_ iNo.. 4787124 Suffolk COUP') Term Expires March 30, ?1� E-1 C.) NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) �R ren l Bid on 7nnn ROLLER HOCKEY RINK FACILITY 4,su1(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 i —E rye (Bidder) Certifies that: I intend to use the following listed construction trades in the work under the contract and, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: and, 3. 1 will obtain from each of my subcontractor and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certificati eq d by th a Bid Conditions. J (Sign ure u - e Representative of Bidder) - Roller Lockey Rink F-1 'd&e � �J THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Were insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Mere insert full name and address or legal title of Surety! a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) 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 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the PNncipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the pent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee'.may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain to full force and effect Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A316 • BID BOND • AIA A • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 2oW6 WARNINti: U NA pi M - aprNtB violalaa QL copyrlBht Awa and a uib(aot b (pal proaaeutlon. t 4 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: .lrsL•.e f9ae-e Cao - SURETY COMP Signed: ✓ (Bidd r) CERTIFICATE OF SURETY to be signed by a duly au orized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said G'o �2A z z �c�- AS/h A� T _irYC the tri '2 Iry S fir, (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 PROPOSALFORM NAME OF BIDDER: -R, 'Q gC '��&--lC 'ZS�\ S-, -, `L \\y03e, Phone #: N" TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 (written in numbers) And he further agrees thatif this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject/ is proposal or by mutual reement may extend this time period. / ;; / 41- /L 1 / / /�/- Signature of Bidder: 110e l'Llll" Date: \,A . • l�1 Business Address: Roller Hockey Rink D-1 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 apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ��c��-_-, of cv�a p�es� ,•�\ a . �� be (Name) -� (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 day of ';Z�so< (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended (Signature) effective September 1, 1965 Roller Hockey Rink E-1 6 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, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcgntr ctor under this contract the subcontractor certification required ji tt pse Bid qd'ni ions. (Signature of AVthorized Represedative of Bidder) Roller Hockey Rink F-1 ATLANTIC COVERAGE CORP. BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, East Area General Contractor Inc 1448-5 Speon k -Riverhead Rd., Speonk, New York 11972 as Principal, hereinafter called the Principal, and the RLI Insurance Company of 1 World Trade Center, New York, NY 10048 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Town Board of the Town of Southold 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of five percent of amt bid--------------------------------------------------------------- ; Dollars ($ five percent of amt bid ) , 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 Roller Hockey Rink Facility @ Peconic Lane Park, Peconic Lane, Peconic, NY i NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such „ Y larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. , Signed and sealed this 16 day of March 2000 East Area General Contractor Inc (Seal) 1448-5 Speonk-Riverh a d., Spe , New York Principal: /� Witness A Title' v RLI Insurance Company 1A S -C Witness { By Theresa Burke Attorney -in -Fact 2 w� �-0054/GEEF 7/98 fndMduat Acknowledgment State of County of On this day of , 19 before me personally came _ to me known, and known to me - to be the individual in and who executed the foregoing instrument, and acknowledged to me that he executed the same. My commission expires Notary Public Corporation Acknowledgment State of County of On this' ay of ��� �\ , before me personally came > to me known, who being by me duly swom, did depose and say that he is the Q� of -the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said rtff@%jthat he signed his name th to b e order. Notary Public, State of New York , My commission expires No.01CA6012159 unty Commission Expires August 24. ZO.Sj� o ublic Surety Acknowledgment " State of New York County of Nassau On this 16 day of March Qpmbefore me personally came Theresa Burke to me known, who, being by me duly sworn, did depose and say that he is an attorney in fact Of— RLI UM==Ce C== the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of.said corporation and by authority of this office underthe standing resolution. thereof DENESE THOMPSON My commission expires k.. ctatw of New York No. 01 TH46233 7 Qualified In Nas s a Commission Expires ®I I, iff- HAVU D I V I S 1 0 N 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: wry 'rj ara-■uaaala � .� �',. POWER OF ATTORNEY BOND NO. RNS- 0104542 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint LOUIS J. SPINA, ANTHONY J. PANNO, NICOLE GRUTER, DARYL HAMILTON, DONNA DAVIS, THERESA BURKE, ANTHONY M. SPINA, BARBARA WALKER, DENESE THOMPSON in the City of ST. JAMES , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. On this 1st day of January, 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael. who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. Notary Public "OFFICIAL SEAL" CYNTHIA S. DOHM NOTARY PUBLIC. STATE Of ILLINOIS MY COMMISSION EXPIRES 02/24/02 I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 16 day of MarCh 2 RLI INSURANCE COMP President Q �,p 0O IFJcICI, v r DffN :. Qecwnber3T,19M 80ZS.i+latttt•LbrOc•peoaa.B-s1e1s •. _ ' : :.: .- ( s1 glow w i i AdnVded- ssets u2biu es and Stzplus h'+xed tviat]aiHes $ 178.609.573 - Reaarve for losses and foss Y� 322054.799 tentezpenses SYO2:i.41T met-Latus kweatmer�s - 15.946.82? Urnsamad pnYnnuns 6T 248.134. r> � acme 4582.387 R� expenses 18.218.$73 Cdloerat Ioans ...... Federal irteastse tam payable S,tSZ5.3O9 Castran hand and. an depest 1,385.198 Funds held 1.288.IITi tam 11571.736 Amounts witYtheid 561 Z�5 l vestaw t bu=n* due and ==ad 3,929.481 Staattcry P 388,200 Fidel ai in=n ne taxrw=varable • • • • • • Rayatf�.ta ailtIIates • • • • • Ra nCs mmverabie an-paid tenses 4.228.1 OrafLs autstaed q 32164 McMmie dos= ptecos>ictg egWptstertt; 3,816.678 Taal L1at fifti es S 238.687,-a8T net'ataeaanutasad-depraeia�los -- ' Baeaivsble faun ails - .. 1.5x9.164 . - . t thwadmMed assets 5.927.116 surpl� S 3.1T1.t8t Ccmman 1wck S 10.000.373 Ti#a1 Admired Assets . A paid.4n �+ft 5t.ti19.338 Unassigned strphts 2'1' .863.884 Taal supkm S 314,483._94 Taal Llabitf3lea and Surplus . SSi'.3.t71.181 Sia[e of NJ Ccwrrfy'of Penna Tne urrderzigne4 being duly sworn, say= That he is President of RU-Insurarrce Ccmparry; that said Company is a Corpor2ffcn- duly organized, eadZdng and engaged #7 business in the State •of NEW YORK - artd /rat duly complied. witty a!1 the requirements of the laws of said State.appricable of said Company and is duly cnralrfred -to act as Surety undersuch laws; that MO Company has also complied WI& and is duly qualified ter act as - Surety Ur7der the Act of Congress approved Jud 1947, 6U.S.C. sec. 6-1.?;-and that to the best of his larowtedge end be the above statement is full, true, and cor eCt statement of the {rnanc.W condition of the said Company ori the 31 day of December 1� - I S�iF`CO,%� President �� �gPCRg7, A Co rate F • 9 = Jon E Mictr Affixed S�'rethry _. Car4e J. Herr - .. sey Nroar fc betfoce me tins lzi& day. of February lssg 5 Nataiiat - U C d (4- q - � Aum Chute L Mor>t�inery Stale of�rrors MY conmr>ssbrr E t FLF 6MECtJW NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) - (Corporate Title) (if any) Bid on -)nnn ROLLER HOCKEY RINK FACILITY THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A370 Bid Bond Bond No: SII 2952649-2 KNOW ALL MEN BY THESE PRESENTS, that WePaul Corazzini Jr. & Sons, Inc. 3120 Albertson Lane, Greenport, NY as Principal, hereinafter called ta^e Principal, and Utica Mutual Insurance Company I/leve i'sell Ivli name 180 Genesee Street, New Hartford, NY 13413 a corporation duly organized under the laws of the State of New York as 5urety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, NY 11971 'NefQ insert'"" ^� iddr'"r ''R'' -,0, " as Obligee, hereinafter called the Obligee, in the sum of Five percent of the bid amount Ooilars tS for the payment of which sum wcll and truly to be made, the said Principal and the said Sure(,,-, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmiv b> these presents. WHEREAS, the Principal has submitted a bid for (Here insert full v+ne, address end description or r-rorcrt Construction of the Roller Hockey Rink facility @ Peconic Lane Park NOW, THEREFORE, if the Obligee sisals actor, the bid ai the PtIncipal tod the Principal shall enter info a Ccntrac' wids rise Obligee in accordance with the terms of such bid, and give such bond or bonds as rrwy be specified in the bidding or Contract Documents withgood and sufficient sumfy for the faithful performance of such Contract and for the prompt ymen pat of labor and materia furnished in the prtrsectition thereof, or In the sv nt of the failure of the Prindpal to enter such Contract and gine such bond or bonds, It the Principal shall par to the Otrligae the difference not to =teed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee'may In good faith contract with ,another party to perform the Work covestd by said bid, then this obligation shalt be null and void, otherwise to remain In full force and effect Signed and sealed this 4th day of April X)q92000 ,Paul Co azzini Jr. & Sons Inc. it � /�,J �i �Prrneioalf .' sear, (Title) Utica Mutual Insurance Company fwltness) Marie D. RevereltreJAttorney—In—fact ALA OOCUhUNT Alit+ • SIO aoNO • AIA A • fESRUARY IWO W • TME AMERICA INSTITUTE Of ARCHITECTS. 1715 N.Y. AVL. H.W. WASHINGTON, 0. G 11416 l WAF*4W0: tlrtaowavd aiwwc* 911- via tLfi. cwp 6Qrt Woo grid In aabW4 to sages prvweurk t. ujTHt FACE, OF THIS DOCUMENT HAS A COLORED BACKGROUND - NOT A WHITE BACKGROUND THE BACK OF THIS 40CU9 rn UTICA MUTUAL INSURANCE COMPANY a NEW HARTFORD, NEW YORK 0 0 Z LL EXPIRATION DATE January 31, 2005 n a POWER OF ATTORNEY n a Z Know all men by these Presents, the UTICA MUTUAL INSURANCE COM- vn PANY, as a New York Corporation, having Its principal office in the Town of New Hartford, County of Oneida, State of New W a = York, does hereby make, constitute and appoint Michael J. Huss, Marie D. Revere, Richard P. Pesano, Gregory A. Gerrard, Maureen A.Krol, Debra A. Wichowsky, Judith E. Horvath 0 Z Its true and lawful Attorney(s)-in4act in their separate capacity If more than one is named above to make, execute, 7 sign, seal and delivery for and on its behalf as surety and as its act and deed (without power of redelegation) any and all bonds and undertakings and other writings obligatory In the nature thereof (except bonds guaranteeing the payment a ° exceeds' 13n" "" sand mortgages) provided the amount of no one bond or undertakingrn of principal and Interest of notes, mortgage bond 1rrirmit Cn Dollars" ). The execution of such bonds and undertakings shall be as binding upon said UTICA M UTUAL INSURANCE COMPANY W o as fully and to all Intents and purposes as If the same had been duly executed and acknowledged by its regularly elected Y officers and Its Home Office In New Hartford, New York. _ U O a This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the c w UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. H°ResoMd,thatthePresident orany Vice -President, inoon)unetionwith the Secretary oranyAssistantSecretary, beandthey are herebyauthorized n ° and empowered to appoint Attorneys-in4act of the Company, In its name and as Its acts, to execute and aoknowlidgefor and on itsbehalf as surety Z Z an and all bonds rscoynizarices,contracts ofIndemnity and all otherwritinpa obligatory In the nature thereof, with power to attach thereto the sea# O of the _y and be binding upon the Company as If they had bsen'duly acknowledged ii 0O by the regularly elected Officers of the Company In their own proper persons. -,I C7 "Now Therefore, the signatures of such officers and the seal of the Companyy maybe affixed to an yy such Power of Attorney by a facsimile, and to Vany such Power of Attorney bearing such facsimile signatures or seal shall be va►id and binding upon the Company." m M In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its W Authorized Officers, this 31 day of January 2000 m aSUgf�o UTICA MUTUAL INSURANCE COMPANY Z- i m ' 0 ° Secretary :31914 0 -� Z STATE OF NEW YORK n ce •s A.44L ent 0 COUNTYOFONEIDA as: o On this 31 clay of January 2000 . before me, a Notary Public in and forthe State of New York, c personally came DANIEL D. DALY and GEORGE P. WARDLEY to me known, who acknowledged execution of the m m preceding Instrument and, being by me duly sworn, do depose and say, that they are Vice President and Secretary ° respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said Instrument is the corporate z seal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal Is affixed and their signatures 0 0 subscribed to said Instrument by authorityand orderof the Board of Directors of said Corporation. n o In Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year first above written. 0 U a 1s Ug0 xn m = g 1914 0 41Notary Public Z STATE OF NEW YORK L Ao� n A 0 W as: COUNTY OF ONEIDA J ( N I, Stephen J. Lorenz Assistant Secretary of the Utica o 0 Mutual Insurance Company do hereby certify that the foregoing Power of Attorney executed by said Utica Mutual ° Insurance Company and the above -quoted Resolutions of the Board of Directors adopted November 27, 1961 are z N still In full force and effect. , In Witness Whereof, I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford, New York, Z 0 this 4th day of Auril 2000 1 > a Assistant Secretary LL3111 M31A 01 3-10NV lir a -10H - )IHVWl:J31VM -ldI01311HV NV SNId1NOO 1N3Wf1O0a SIHl 30 NOUS 3H1 aNf1ou-3. 3 R -R-2 Fri 9-47 ACKNOWLEDGMENT OF SURETY Q Utica Mutual Insurance Company ❑ Graphic Arts Mutual Insurance Company STATE OF. New York ss.. COUNTY OF. _-•.--- Oneida On this ..--nth................ day of. ... AMU .......................................... ......... rX =99.9 before me personally came ------- -------------------- ---- -Marie.-D..--Revere-........................................ to me known, who, being by me duly sworn, did depose and say: that Ehe resides in -Utica, -.1gY .................................................... ........................•---------------•-------• •-----------•----•---•------------------ that he is Attorney -in -Fact of the Corporation described in and which executedd the attached instrument; that he knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal;- that eal;that it was so affixed pursuant to power conferred on him by a Power of Attorney granted to him by said Corporation and that he signed said instrument as Attorney -in -Fact of said Corporation pursuant to such authority. ................... -------- ----- - NOTARY PU IC PRINCIPAL'S INDIVIDUAL ACKNOWLEDGMENT ROSEMARY WAD:as Notary Public In the Stale of f;. vv York STATEOF .................................... Appointed in Onei;_a County ��^^ UyCommissio.n Explreo 1,pril COUNTY OF ............................... On this .............................. day of ..................... ........ _......................................... 19......... before me personally came .................................................. ............................................. -............................................... r to me known and known to nie to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. NOTARY PUBLIC PRINCIPAL'S CO -PARTNERSHIP ACKNOWLEDGMENT STATEOF ..................................... ss.. COUNTY OF -------------------------------- On this ----- . ----• -------.day of .............. =...... --.................................................. i9.294before me personally came - ............................................ -............. I a member of the Co -partnership of •-------- -----.................................... to me known and known to me to be the person who is described in the foregoing instrument and he acknowledges that he executed the same as and for the act and deed of the said Co -partnership. ..............................•-•---------------••-•---•-•-•-••-•----•---•-•••-•-•••--.....----•-.... NOTARY PUBLIC PRINCIPAL'S CORPORATE ACKNOWLEDGMENT �OZ'ZZ 3Nnf S381dX3 NOISSIV&M STATE OF -New York AiNnoo HlOddnS neM38W -ON ss.: NH0A M3N d0 31Va'0j-Mnd AliV10N COUNTY OF: -.Suffolk N300383 On this .........5th day of April 1 2 0 0 (fore me personally came Pauld-o"razziqi.,-...j.jj ................................................................... to me known, who, being by me duly sworn, did depose and say, that he resides in...Greenport, NY ..................................................... ...----; that heisSecretary--------------••-•--•-of----Pau1... o a te • �r------& So- a•;....I :- ----- - - __, the Corporation described in and which executed the foregoing instrument; that he knows the Corporate Seal of said Corporation; and the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed name thereto b e order. ----•------ ...: ................................... UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1998 ASSETS I LIABILITIES AND SURPLUS U.S. Governmental Direct Guaranteed Bonds All Other Bonds Stocks Mortgages Cash Equities & Deposits in Pools and Associations Premiums in Course of Collection Interest Due and Accrued Other Admitted Assets Total Admitted Assets Surplus Funds $ 77,029,999 Reserve for all Losses 1,217,255,420 Unearned Premiums 120,949,626 Reserve for Claim Expenses 0 Dividends (16,005,575) Taxes Accrued 5,421,634 Federal Income Tax 117,326,717 Amounts Withheld on Account of Others 19,747,697 Provision for Reinsurance 98,953,484 Miscellaneous Accounts Payable $ 1,640,679,002 Total Liabilities Dividend Reserve General Voluntary Reserve Special Contingent Surplus Divisible Surplus Surplus as Regards Policyholders Total STATE OF NEW YORK COUNTY OF ONEIDA ss: $ 1,825.144 1,500.000 1,700,000 442.697,478 447,722,622 $ 1,640,679,002 $ 632,376,536 251,898,219 198,049,442 8,152,801 8,491,705 6,029,032 12,792,588 15,861,386 59,304,671 $ 1,192,956,380 W. Craig Heston, Chairman & CEO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31 st day of December, 1998, all of the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1998, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 19th day of March, 1999. Chairman & CEO Notary Public in the State of New York Appointed in Oneida County My Commission Expires April 30, 2000 Attest Secretary 8-B-50 Ed. 3-99 PROPOSALFORM NAME OF //11 T BIDDER: ?,a u I L6/1ZZ%rt J Sort—�s0�'. DATE Phone TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Ov #A/ : 740 ` "Zv, 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 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: o e h4(oJ1e44 , v -V syr41 /311 Z5-0 (written in words) I (written 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Date: qq6o Business Address: Roller Hockey Rink D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that J �r7✓ti Z Z yr of& 1 d"4 Z z%V1j r r 54L.0c, be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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. 103-d, as amended effective September 1, 1965 rLfK 1 �O✓QZZJ�y� JY, d JOHS.Lu � day of 19 G (Sig i6e) Roller Hockey Rink 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 2l Tv� Say, s %Ic (Bidder) Certifies that: I intend to use the following listedconstructiontrades in the work under the contract_ and, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 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 y these Bid Conditions. (Signatur of #6thoriled Representative of Bidder) Roller Hockey Rink F-1 4 1 t PROPOSALFORM NAME OF BIDDER: 1'�-� �lI S?ileS �i�� c - DATE: tll�C_ Phone #: G.3L)l73B--o"5- TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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 su of: (written in words), (written 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this pro osal is a formal bid*d shall remain in effect for a period of forty-five (45) days, the Town will accept or rej ct this proposal r utual agreement may extend this time period. j/ / Signature of Bidder: Date: Business Address: .41- Roller l Roller Hockey Rink D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Aw r kof +7 S L n v 4 Tnic s L_'V c . be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 TL% corporation at a meeting of the Board of Directors, held on the day of A P ►2 i L_ (SEALOF THE CORPORATION) Laws of New York, 1965 Ch. 781, Sec. 103-d, as amended effective; September 1, 1965 Roller Hockey Rink E-1 W A- 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 ontract: BIDDER'S CERTIFICATION (Bidder) Certifies that: I intend to use the following listed construction trades in the work under the contract_ and, 2. a. 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: '-�L ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: 3. 1 will obtain from each of my sub( administering agency prior to the subcontractor certification,Ce4id and, !ors and submit to the contracting or of any subcontractor under this contract the ese Bid Conditions. (Signature bf duthorizWd"Wepre's�6—ntative of Bidder) Hockey Rink F-1 0 , NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) S I- -v o L, T Bid on 2nnn ROLLER HOCKEY RINK FACILITY THE AMERICAN INSTITUTE OF ARCHITECTS to AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we P.S.L. INDUSTRIES, INC. 3333C VETERANS MEMORIAL HIGHWAY, RONKONKOMA, N.Y. 11779 as Principal, Here insert full name and address „r Legal title of Contracto,! hereinafter called the Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 2023RT. 70 WEST POBOX 4270 CHERRY HILL NJ (Hes- insert full dame and IdiI or legal title of ;uratl a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, N.Y. 11971 ;N..ie in �'I.+.- fu11 n amu an 1 a 11c a. :, , 11111! '.1111'- of O�-n lei 1 as Obligee, hereinafter called the Obligee, in the sum of 5% OF BID NME TWELVE THOUSAND FIVE HUNDRED 001100 Dollars ( $12,500.00 ) 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 ROLLER HOCKEY RINK @ PECONIC LANE PARK, EXCAVATION, PAVING, DASHER BOARDS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed March 28, 2000 (Witness) (Witness) THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA urety) (Seal PETER HE)ay Attorney in Fact AIA DOCUMENT A310 ,BID BOND AIA FEBRUARY 1970 ED 4THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF } COUNTY OF ss}. On this day of before me personally came to me known, who being by duly sword did depose and say that he/she resides at and that he/she is the of the corporation described in and which executed the foregoing instrument/ that he/she knows the seal of said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEW YORK alp NO. 01CA602444 NOTARY PUBLIC QUALIFIED IN SUFFOLK COUNTY COMMISSI�P1F.xP�i WWBGMENT OF PRINCIPAL IF A PARTNERSHIP STATE OF COUNTY OF }ss.: On this day of I before me personally appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same anf or the act and deed of said firm. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL STATE OF COUNTY OF }ss.: On this day of , before me personally appeared to me known and known to be to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same. NOTARY PUBLIC ACKNOWLEDGEMENT OF SURETY STATE OF New York ss.: COUNTY OF Nassau } On MARCH 28, 2000 before me personally came PETER HENRY to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive Plainview, New York 11803, that he/she is the Attorney in Fact of THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto ty order of the Board of Directors of said corporation. ROSANNE CALLAHAN ' -,.� `- ct . A.-.., NOTARY PUBLIC STATE OF NEW YORK NOTARY PUBLIC NO. 01 CA602444 QUALIFIED IN SUFFOLK COUNTY Z Op COMMISSION EXPIRES MAY 10 The Insurance Company of the State of Pennsylvania POWER OF ATTORNEY New Hampshire Insurance Company PA4027621 Principal Bond Office: 70 Pine Street, New York, NY 10270 No. (Void unless numbered in red) KNOW ALL MEN BY THESE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and NEW HAMPSHIRE INSURANCE COMPANY have made, constituted and appointed, and by these presents does make, constitute and appoint Peter Henry of Plainview, NY its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ******Three Million Dollars ($3,000,000.00)****** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of January, 1998. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney, qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.." In witness Whereof, The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents. 'e "s jM�dRO� STATE OF NEW YORK) COUNTY OF NEW YORK) ss: On this 5th day of January 1998 before me came the above named officer of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corpora- tions thereto by authority of his office. The Insurance Company of the State of Pennsylvania New Hampshire Insurance Company By David J Senior Vice President / LUCILLE SALERNO Notary Public, State of New York No.01SA4974380 Qualified in Suff Ik County Commission Expires //�3/F - NOTARY SIGNATURE AND STAMP (REQUIRED) I, Elizabeth Tuck, Secretary of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company do hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and therefore that the Resolutions of the Board of Directors, act forth in the said Power of Attorney, is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation co, F this 28 day of march 20 00 Elizabeth M. Tuck, Secretary 67560 (6/98) 7621 The insurance Company of the State of Pennsylvania Executive Offices 70 Pine Sheet New Yotir- NY 10270 FINANCIAL STATEMENT as of DECEMBER 31, 1998 ASSETS t3onds ._._..._.»._.»..._.....»._.__........._ S 55s.271.33•t Codauval- Cash b Short Tenn _....... 253.736 AgertW Balances or Uncolac ted Pramiursa... ZT1.SMSC7 Funds Heid by Ca*V Rei:rscah>us .»_._.�_» ZZTS401 Rum==* Recoverable on ems Payrtwim 71.108.790 F..stes a Oeposits in Pacis & Associmbom 21.725.904 Other Admitted Assets ._...... ..._.._--------- — 2:70.150.682 LIABILITIES Rem" for Lassos and toss Stene S .796.144,571' Reserve for unearned Prsrmarhs._..._ 232194,904 Raserve for Expermm Taxes, Licenses and Provision for Reinsurance ._»._._»... 35.17Z.f93 Funds Heid Under Reinsurance 35,471.115 Treaties.»._ _ ________ Other Ljabdities.»...._ ..» .»_.--- _... a.860,442 Capital Stock_»._...._ ...__.....:.._.. 5.005.500 Suous .»_._ »_ _.._.»____. 754.073.227 TOTAL PCLiCYHCLOMS' TOTAL ASSETS ........................ S 1,834,770.53•t suRPt.tss ._...._.».»__..._.»._... 763.449,727 TOTAL LIABILtfttc.S AND PCUCYMCLDEW SURPLUS �_._ S 1,834,770,534 a SOnds and ssadcs ore v-atued in a=rdanar YAM cue bass atop',- by -re Nanonai Association of insurance Canwnisswnes. Secunties carried at 3136:7580M in the above statement aro deposited as rewaired by law. CMkTW[CATE c-'_ZkBE ri M. TUCK. Sec. etary and RCBERT J. BEIER, Ccmptroiler of Insurance Company of the State at. Pennsytvania being duly swam each for himself, depeses and says that they are abeve described cfftcers of the said Company and that on the 31 st day of December, 1998, the Company actuaity possessed the assets set forth in the fcregcing pciicyhoiders and educes, except as hereinbefore indicated, and that the , rregeing statement is oznvG extiibit of such assets and 11abitittes of said Company on the 31 st day of December, 1998, ac=rding to the best of their infomlatICn, kncwtedge and belief respecdveiy. 5'7A l c OF'NEW YCRK C.'`t.N tYC 6F NEW YCfLK ISS.. Surf On Ili$ 18M Oay of March. 1949. before me ash, the shove narned officers of insurance Carrpany of the Stade of Penrrsytrania to ax twwn to be the irC victuals and aflrcxxs descrbed herek% and aciaxmiedge that they amcsted Me foregoing i=urmera and affmad the seal of said corporation theme try authority of their cf5ce. 31077 (3194) twofer i "CL a -!104657751 QU00ed in Wewdmww C=wWt idea bzwm Y& 2% 4WLair uL .547.YW Ruta 31-ilca= 307#arty �tarsa � a�+mr� tbsc TKS IX3=As= COMAAY OF M STJlTE or P8�iA54t.�7iNIJ1'• *oars Ommm imms Phu"Vbim- iadmt of ft Stow of Pemsry"tdz tag MIRtM btt thr =W=7 r r, I of or gvm= to tam. it is fi�P m 3a � �d;t3tt tit im6ftttfS ai sodatas and bpm, f!M msscsQUaaad ptontq, MW ftUaia..bvgzbv ad ftem dm •bad and =Ukma. eiavim —mf aotdaa, pem=w wxT tiab�lity. tldetily aed � t�omr & "I? =Wma and inland mage, mare tar. snd bdm&c�g, and raddwl KP=Mod in PaUrMbs ro. ;L d. 7. L 9, M IL 21. M 14. 15% 16. M 1% Z4, 21, s ad a of Section Iu3W of the Nar Yarlt kmrm= LAW a:.:i sbo aster wedeae jipa tAmulaOC a =T be ladii=4S m t9DTaisli GCoiTCQljlLitl� mtd4 ¢ZPii3 20 :ad Z1 at seeaott 21I.3W. laCittd�= 4tmts=m deamsmi is tmc I.aopborrmeQm and harbor warkaw ca ad= AS "b LAW Na f03, a dim& as a mmdaa~ 33 CCC s.a0-g 9M ae saq, a imsadod). snd' a suttta d 3y � 4Iff 0. mswo= of aft? Ma of da cftptbm 9cmdds at die united Stagy :trod MUM= of eter_r Aid or 4 i t-ti;coa to U czMc � � d b7 Z0ariffed 0 copy of its cbmOxt da mmt on fila in toss Detest art wimm mna=l. 3 bda tam= Ste rr4 am ma atti�t t$r aitidai ami n{ fifid $gtasatact "tie 07 4f Aug". Aft NVa& d3& l st 3aa of Yc#,,1999, `lFm D. LZYN *u;u =1wr at at 3mmrm= 317 � d2 - � '03/28/b0 :0 OFFER oF SUgETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. 002 In the event that the above Proposal is accepted and the contract for the work is awarded to said PSL INDUSTRIES, INC. the THE INSURANCE COMPANY OF THE STATE_ OF PENNSYLVANIA (Bidders Name) (Surety Company) Will execute the Surety Bonds as herein -before provided. Signed; Authorized O , Agent or Attorney PETER HENRY Date: 3/28/00 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 t 1 333 . THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNIC 1 ALL MEN' BY THESE PRESENTS, that we BOND# RNS0104227 CHESTERFIELD ASSOCIATES, INC. (Here insert full name and address or legal title of Contractor) 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY 11978 as Principal, hereinafter called the Principal and RLI INSURANCE COMPANY ONE WORLD TRADE CENTER, NEW YORK, NY 1004$ (Here insert full name and address or legal title of surety) a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD (Here insert full name and address or legal title of Owner) ._ as Obligee, hereinafter called the Obligee, in the stun of FIVE PERCENT OF TOTAL BID AMT---- Dollars ($ 5% OF BID ) 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 CONSTR. OF A ROLLER HOCKEY RINK FACILITY (Here insert full name, address and description of project) NOW, FORE , if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6TH tness) (Witness) day of APRIL i'�t 1 1 CHESTERFIELD ASSOCIATES, INC. /, ( cipal) (Seal) �T4( Ate !�. pt✓t (Title) YrC� PPS -S ItIJT RLI INSURANCE COMPANY (Surety) (Seal) DAVID A. GOLDSTEIN- (Title)Attorney-in-fact AIA DOCUM= A310 • BID BOND • AIA @ • FEBRUARY 1970 ED • THE AMERICAN INSTI'I= OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGION, D.C. 20006 CHESTERFIELD RSSOC. Fax:516-288-5161 Mar 23 2000 08:44 P.03 OFFER OF SURETY (To be completed by Each Bidder) the event the above proposal is accepted and the undersigned is awarded the Contract for the.work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: RLI INSURANCE COMPANY SURETY COMPANY CH E D ASSOCIATES, INC. Signed: s� rN . �c.c .W (Bidder) V i c. P( spa r&)r CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said CHESTERFIELD ASSOCIATES, INC. the RLI INSURANCE COMPANY (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein -before provided. Signed: Authorized O tial, Agent or Attorney DAVID.A. GOLDSTEIN-ATTORNEY IN FACT Date: 4/6/00 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Roller Hockey Rink G-1 ACKNOWLEDGMENT OF CONTRACT OR, IF A CORPORATION State of NEW YORK County of Sof FFy� K On the6TH day of APRIL in the year 2000 , before me personally came 5C -4h 1) - A( (ate to me known, who, being_ by me duly sworn, did depose and say that he re ides at u -s— , that he is the Vice- Sii-E of CHESTERFIELD As�sbCIATES, INC. , the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the Board of Dirq-�tors of said corporation Notary Publio State of New York No. 01WA4833043 Qualified in Suffolk County Commission Expires May 31, 20 ACKNOWLEDGMENT OF SURETY State of NEW YORK County of NASSAU Notary Public or Commissioner of Deeds On the 6TH day of APRIL in the year 2000 before me personally came DAVID A. GOLDSTEIN to me known, who, beinc by me duly sworn, did depose and say that he resides at MERRICK, NY that he is the ATTORNEY IN FACT of RLI INSURANCE COMPANY the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the Eoard of Directors of said corporation GAYE CONK! +Ni,r �nrk Notary Public, State No. 010049( Qualified in Nas` Commission Exp res i. Noiary Public or Commissioner Of Deeds i rD I V-1 S I O W 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: POWER OF ATTORNEY BOND NO. RNS- 0104227 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint GEORGE O. BREWSTER, DAVID A. GOLDSTEIN, NANCY B. SCHNEE, FERN PERRY, GAYE CONKLIN in the City of JERICHO , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January , 1999. State of Illinois SS Countv of Peoria On this 1st day of January , 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. Notary Public "OFFICIAL SEAL" CYWHIA S. DOHM NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 02/24/02 RLI INSURANCE COMPANY President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this _ day of RLI INSURANCE COMP President SPA030 16/99) A. "Dl i SI O N 9025 North Lindbergh Dr. • Peoria, IL 61615 (309)692-1000 Admitted Assets Investments: Fixed Maturities....................................................... Equity securities...................................................... Short-term investments .......................................... Realestate.................................................................. Collateral loans ............................ Cash on hand and on deposit ................................. . Agents' balances........................................................ Investment income due and accrued ........................ Federal income tax recoverable ................................ Reinsurance recoverable on paid losses .................. Electronic data processing equipment, net of accumulated depreciation ........................... Receivable from affiliates ........................................... Other admitted assets ............................................... Total Admitted Assets... State of Illinois SS. County of Peoria RLI insurance Company December 31, 1998 3.816.678 1,509,164 5,927,116 ......... $ 553.171.181 Total Liabilities ....................... Surplus: Common stock.. Additional paid -in capital ............ Unassigned surplus .................... Total surplus Total Liabilities and Surplus ..... $ 238,687,587 ................... $ 10,000,375 ......................... 51,619,335 ......................... 252, 863, 884 I .................... 5 314,483,594 S 553,171,181 The undersigned, being duly sworn, says: That he is President of RLI Insurance Company:� that said Company is a corporation duly organized, existing and engaged in business in the State of NEW M., and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and correct statement of the financial condition of the said Company on the 31 day of December 1998. Attest: Liabilities and Surplus Liabilities: $ 178.609,579 Reserve for unpaid losses and loss 322.054,799 adjustment expenses ........................................... $156,023,917 15.946,825 Unearned premiums ............................................... 61,148,194 4.582.387 Accrued expenses .................................................. 18.218,873 ...... Federal income taxes payable ................................ 1,026,909 1.385.198 Funds held............................................................. 1,288,071 11,571,796 Amounts withheld ................................................... 561,259 3,539.481 Statutory penalties .................................................. 388,200 ...... Payable to affiliates ................................................ ..... . 4,228.158 Drafts outstanding .................................................. 32,164 3.816.678 1,509,164 5,927,116 ......... $ 553.171.181 Total Liabilities ....................... Surplus: Common stock.. Additional paid -in capital ............ Unassigned surplus .................... Total surplus Total Liabilities and Surplus ..... $ 238,687,587 ................... $ 10,000,375 ......................... 51,619,335 ......................... 252, 863, 884 I .................... 5 314,483,594 S 553,171,181 The undersigned, being duly sworn, says: That he is President of RLI Insurance Company:� that said Company is a corporation duly organized, existing and engaged in business in the State of NEW M., and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and correct statement of the financial condition of the said Company on the 31 day of December 1998. Attest: P O , �! ' Rq2� CIO Corporate Seal SEAL _ Affixed �I President ZJonlE Michae Secretary Camille J. Hensey Sworn to before me this 15th day of February 1999 "OFFICIAL SEAL' Notorial CHERI L MONTGOMERYSeal Notary Public NOTARY PUBLIC, STATE OF 0114015 Affixed Cherie L Montgomery State of Illinois My Commission Expires 2/12000 My commission Expires February 2, 2000 RLP 6015 (1/99) 3 PROPOSALFORM NAME OF / i BIDDER: 0,h��Ie�r�1�,1c� S`XiC-1>i�S , TnQ . . DATE: A� R o - 9 ox 122-9 , lkl Q+ha mi]t§jo c� ,0 V 1I 'Phone #:((�,22() Q H -,5 / 0 0 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: &0 L600 ' 7 VtvMo ,// (written in words) (written 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder. /ZO 1110e, Date: ¢ e 00 En -t - Business Address: Roller Hockey Rink D-1 STATEMEWTbAON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ��'T it A I QW) of C_� e,5+ e_6 diA ieS ,, ►�1 C . be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 � (` l `� copy of the resolution adopted by _ l ,�l C, sicx -#- t G A S aCa 1 a 4� Tnc corporation at a meeting of the (( -- Board of Directors, held on the (P day of ''1'q '90Oo (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 L�"k "J_-- JEI L?�. Cr&k(Signature) SaMf p (Z y T26 ASU e F i2 Roller Hockey Rink E-1 NON -COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, -and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) r 9 Z/,� SE -r4 b, p LLa N (Corporate Title) V 1 c�SPiZE SI )E J T (if any) �'_I k �.S-r�2 F%E L6 A Ssoc «1►'�s Bid on Znnn ROLLER HOCKEY RINK FACILITY 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. 1 intend to use the following listed construction trades in the work under the contract_ 0_h a k �) W k Tc nc, ,�,- a and, 2. a. 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: N e �_ V6 Fc,L2Tt-1 _'c_ C --L-A 2-1 r IC,q-f i oto,) and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: and, 3. 1 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 certificatio requ're by these Bid Conditions. (Signature of Authorized Representative of Bidder) SET(-( h ,ALL AN, VICE. (9 StbMT Roller Hockey Rink F-1 F PROPOSAL FORM NAME OF J BIDDER: (� n S I rl �[ inn l_DhS c �1�C�lf�S �` L-�/�? C_� DATE: SLa_ VVPhone i TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: ;G` �Gr1y Al r�?IwO 22 COQ, 00 (written in words) (written 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 of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period.4AA /00 , !� Signature of Bidder: Date: Business Address: Roller Hockey Rink 7/1��� (J��S f �' /�fl� �� CA�/� E�q� 1, /�� ✓J��J���%,� �i/ii�'� ,�'; D1�1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved tha T L Z-k�'2.- ' of r �i �(� c� tS �-- be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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 (-Aph S-LLc C, oil L)tl Sc. corporation at a meeting of the Board of Directors, held on the day of d_�/) jj:� 14,�a) (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended (Signature) effective September 1, 1965 Roller Hockey Rink 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, 2. a. 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, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, 3. 1 will obtain from each of my subcontractors and submit to the contracting or administering agency prior tqtpe award of any subcontractor under this contract the subcontractor certification eq ired by these Bid Con . (Signat#6,af Authorlr�epresentative of Bidder) Roller Hockey Rink F-1 CATLANTIC COVERAGE CORP. BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Construction Consultants LI, NY 125 A Broadway, Port Jefferson, NY 11777 as Principal, hereinafter called the Principal, and the Universal Bonding Insurance Company of 518 Stuyvesant Ave., Lyndhurst, NJ 07071 , a corporation duly organized under the laws of the State of NJ , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold PO Box 1179, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% of amt bid --------------------------------------------------------------------- Dollars ($ 5% of amt bid ) , 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 Roller Hockey Rink Facility @ Peconic Lane, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31 day of March i 2000 _ Construction Cqwswltants LI, NY, 125 A Broad)0y,Port Jefferson, (Seal) ( - cipal Witness {` Title Lv'payla� V (—/ —/ Witness Universal Bonding Insurance Company Attorney -in -Fact A— ToF4jgE'Y IN -FACT Individual Acknowledgment State of County of On this day of , 19 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of _ New York County of Nassau On the31 day of March of the year 2000 before me personally came Joel 11 -7 -kr.,; tz to me known; who being by me duly sworn, did depose and say that he/she/they reside(s) in n f-rhn= ,a that he/she/they is (are) the Aragj rlpnt of the ConGtM,ci-; cin (-nnG„1 imnt-, T T T„cthe corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/fir name(s) thereto by like authority. / 1 n J / pAFYL HAMILTON My commission expires �CJ"v v .,_.__, p+,taua Mate of New York No. 5007879 Notary Publ iified In Nassau County _-�-�-s-vntres FE$-99r--�---- Surety Acknowledgment State of New York County of Nassau On the 31 day of March of the year 2000 before me personally came D to me known, who, being by me duly sworn, did depose and say that he/she/they se is an attorney in fact of Universal Bonding Insurance Company , the corporation described in and which executed the within instrument; that he/she/they know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she/they signed the said instrument and affixed the said seal as Attomey-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standin a olution thereof. My commission expires ` DARY1-HAMILTON l�dt N ry Public V,t f, y public, State of Naw No. 5007879 j Qrfallm edion Expires Feb -04 % " /� Q 1 Com POWER OF ATTORNEY POA No.:UB 008800 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desires. That UNIVERSAL BONDING INSURANCE COMPANY, a New Jersey corporation (sometimes referred to as the "Company"), does hereby make, constitute and appoint Louis J. Spina, Anthony J. Panno, Anthony M. Spina, Daryl Hamilton, Theresa S. Burke , Donna Davis & Denese Thompson in the City of Syosset in the State of New York its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS FIVE MILLION DOLLARS ($5,000,000.00)... . ..... ............ ..... " The acknowledgment and execution of such bond by the said Attorney -in -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly -elected officers of the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of MARC♦f39 2ee4 but until such time shall be irrevocable and in full force and effect. That UNIVERSAL BONDING INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Universal Bonding Insurance Company, and now in force, to -wit: All bonds, policies, undertakings, Powers of Attorney, or other obligations Universal Bonding Insurance Company (hereinafter referred to as "the Company") shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the Company. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement or letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of the Universal Bonding Insurance Company specifically authorizing said increase. IN WITNESS WHEREOF, the UNIVERSAL BONDING INSURANCE COMPANY has caused these presents to be executed by its President with its corporate seal affixed this 3h day ofMath 2000 . State of New Jersey } SS County of Bergen ) On this 31 st day of December, 1998, before me, a Notary Public, personally appeared Richard G. Adams and Margaret A. Nicosia who being by me duly sworn, each acknowledged that they signed the above Power of Attorney as the President, and Secretary, respectively, of UNIVERSAL BONDING INSURANCE COMPANY and acknowledged said insent to be the voluntary act and deed of said co oration.vmw,' • j a Kimberly M. DiBlasi, I tary Public KIMBERLY M. DiBLASI �� %0TARy NOTARY PUBLIC OF NEW JERSEY ~ MY COMMISSION EXPIRES MARCH 3, 2003 PUBL`G SFW J ER`'� UNIVERSAL BONDING INSURANCE COMPANY 4. By: Richard G. Adams, President CERTIFICATE I, the undersigned officer of UNIVERSAL BONDING INSURANCE COMPANY (the "Company"), a stock corporation of the State of New Jersey, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, except that the same shall terminate if not used, all as set forth above; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of UNIVERSAL BONDING INSURANCE COMPANY this 31st day of Decem , 1998. By: Margaret A. Nicosia, Secretary UNIVERSAL BONDING INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1998 ASSETS Investments - $4,987,329 Fixed maturities Equity securities — Common and Preferred Stock 1,672,934 Investments in wholly-owned subsidiary 5,964,947 12,625,210 Cash and short-term investments 787,586 Collateral deposits 11,454,946 Agents' balances 1,560,771 Contract funds receivable 531,561 Reinsurance recoverable on paid losses 11,094,104 Electronic data processing equipment, net 121,745 Goodwill 607,199 Other admitted assets 627,714 TOTAL ADMITTED ASSETS 39,289,091 LIABILITIES AND SURPLUS LIABILITIES: Reserve for unpaid losses and loss adjustment expenses 12,950,779 Unearned premiums 1,762,180 Collateral deposits due contractors 11,454,946 Accrued expenses 534,512 TOTAL LIABILITIES 26,702,417 SURPLUS: Common stock, par value $2.76; 1,268,110 shares Authorized, issued, and outstanding 3,500,000 Additional paid -in capital 1,588,769 Unassigned surplus 7,497,905 TOTAL SURPLUS 12,586,674 TOTAL LIABILITIES AND SURPLUS 39,289,091 I, Robert A. Nicosia, Chairman of the Board of Universal Bonding Insurance Company, do hereby certify that the above and foregoing statement is a full, true, and correct exhibit of the assets, liabilities, capital stock, and surplus of the said company on the 31" day of December, 1998 according to the best of my information, knowledge and belief. Ate of New Jersey ' fi` ! Canty of Bergen Subsc_"zbed and Swo before me '"his)l ay, of IIS 1 ,1999. ELI BETH TOTH t 11 ' 'RY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JULY 13, 2003 Robert A. Nicosia Chairman of the Board PROPOSALFORM NAME OF BIDDER: Mid -Isle Contracting of LI Inc. DATE: 4-6-00 819 15th Street, Ronkonkoma, New York Phone #: 631 981-2642 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: MARCH 1, 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: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park, Peconic Lane, Peconic, N.Y. 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: THIS ITEM WILL INCLUDE THE TOTAL PROJECT: this item will include all of the work for the entire project 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: FOUR HUNDRED SIXTY NINE THOUSAND ONE HUNDRED THIRTY EIGHT DOLLARS $469,138.00 (written in words) (written in numbers) NOTE: Bid Qualification, substitute galvanized dasherboard in lieu of wood per manufacturers recom- And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail ormdation. ' neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that t forty-five (45) days, the Town will accept period. Signature of Bidder: Business Address: remain in effect for a period of Irpgment may extend this time Ronkonkoma, New York 11779 Roller Hockey Rink D-1 STATEMENT OF NON -COLLUSION (To be completed by each Bidder) In accordance with Section 103-4 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to apolitical subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non -collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that George Guidi,PresidentofMid-Isle Contracting of LI Inc. be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ROLLER HOCKEY RINK FACILITY - Peconic Lane Park Pecconic Lane, Peconic, New York 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. 103-d, as amended effective September 1, 1965 Mid -Isle Contracting of LI Inc. 24th day Roller Hockey Rink 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 Mid -Isle Contracting of LI Inc. (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract Laborers Operators and, 2. a. 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: we will supply if low bidder and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore- mentioned area subject to these Bid Conditions, these trades being: we will supply if low bidder and, 3. 1 will obtain from each of my subcontractors and subm' to th ontracting or administering agency prior to the away of any subc ract and is contract the subcontractor certification requiredSbyese Bid C itio G. Guidi, President (Signature of Authorized Rep sentativBidder) Roller Hocifcev Rink F-1 CATLANTIC COVERAGE CORP* BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Mid Isle Contractinq of LI, Inc. 81915th Street, Ronkonkoma, New York 11779 and the RLI Insurance Company BOND #0104646 as Principal, hereinafter called the Principal, of One World Trade Center, Suite 4073, New York City, New York 10048 , a corporation duly organized under the laws of the State of Illinois , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Road, Southold, New York 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% Of The Amount Bid-------------------------------------------------------------- Dollars ($ 5% Of The Amount Bid ) , 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 Construction of Roller Hockey Rink, Peconic Lane Park NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of Witness Witness April 2l? Mid Isle Contracting of LI, Inc. 819 15th S eet, Ronkonkoma, New Y 11779 (S Title RLI Insurance4e'Nanter, ny One World T Ste 4073, NYC, NY { By aX/ Donna Davis, Attorney -in -Fact Individual Acknowledgment State of County of On this day of 20 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------------------- Corporation Acknowled ment State of County of On the ��I'day of of the year 2000 before me personally came to me known; who bein y me duly sw rn, did depose ansa say t at he resi e(s) i that he is (are) the of the /�,��,C %%ham c �� , the corporation described in and which executed the above instrument; that he know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he signed his names) hereto by like authority. Maria ;Smith Notary Public -tate of N.Y. No. 4826625 - Commission cxpire;l Suifolk C/f�°`�un� My commission expires /i/ Notary Public , Surety Acknowledgment State of New York County of Nassau On the 4 day of April of the year 2000 before me personally came Donna Davis to me known, who, being by me duly sworn, did depose and say that she is an attorney in fact of RLI Insurance Company, the corporation described in and which executed the within instrument; that she know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standing resolution thereof. My commission expires NOS' N YA X�110�.. Not Public D I V I S I O N Iffi 'A 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: POWER OF ATTORNEY BOND NO. RNs- 01 0 4 6 4 6 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint LOUIS J. SPINA, ANTHONY J. PANNO, NICOLE GRUTER, DARYL HAMILTON, DONNA DAVIS, THERESA BURKE, ANTHONY M. SPINA, BARBARA WALKER, DENESE THOMPSON in the City of ST. JAMES , State of NEW YORK its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January, 1999. On this 1st day of January , 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. ot Rn , 4 LN� N Notary Public "OFFICIAL SEAL" CYWHIA S. DOHM NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 02/24/02 I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 4 day of April 2000. RLI INSURANCE COMP President SPA030 (6/99) Peoria, ANnals 61612.3967 (3091692.1000 Admitted Assets Investments: faxed Maturlelas ...... . .... . ...... . ... . 180,671,863 Equityseourldes ....................... 320,340,286 Short-term Investments ............... 36,469,496 Real estate .......................... . .. 8,070,769 Collateral loans. ........ ...... -- Cash on hand end an deposit ................. (11,336,133) other Invested assets ...................... 14,486,121 Atlanta' balance& ,,, , , , , , , , , , , , , , , , , ,,,,,, 12,933,171 Investment Income due end eeenled , . , , , , , , , ... 3,764,448 Federal Income tax recoverable , , , , , , , , , , , , ,,,, 326,757 AalrWrance recoverable an paid losses , , , .. , , , . , 5,046.006 Heatronio data processing equipment. net of accumulated depreciation ............ 6,08$066 fiecalvable from affd(etas ..... , , , , , , , , , , , , , , , 4,021,200 Other edmltted assets .................. .. . 211,204,059 Topl Adrnkttd Auau . . . . . . . . . ............ =812847.947 State of 1/11rois SS. County of Peoria RLI Insurance Company Decefnber 31, 1999 Liabilities and Surplus uabll(tles: Reserve for unpa(d losses and loan adjustment expensea .................. S 174,468,713 unmarred premiums , , , , , , , , , ... I ..... , .. 91.138,794 Accrued axponsac .. ...... ........ . 15,948,427 Federal income taxes payable ... I ... I .... I . -- Funds held ........................... 1,148,830 Amounts withheld ....... . ......... . • .. 3.809,366 Statutory penalties, . . . . . . . . . . . . . . . . . . . . . 271,300 Payable to Wilhtes ..................... — Drafts outstanding ...................... (1,261,4791 Total uablikles .............. . .... . .. . . , .. 0 328,301,106 surpluol Common stook ...................... 11 a 10.000,375 Additional pa(d-In cap(tal ....... . .......... 62,675.474 unsaslgned surplus ............... I . , , 223.8 882 Total surplus . . . . . . . . . . . ................. 1 281111,1411,8411 Total Usbifitias and Surplus . .... . . . . .. . . . . . 11 1 612,847,847 771e undersjgped, baing duty sworft, says. That he is the President of RLllnsurence Company, that said Company is a corporation duly organized, existing and engaged In business in the State of I=- YORK and has duly complied with al/ the requirements of the laws of sold State applicable of said Company and is duly quallfled to act as Surety under such laws, that said Company has also complied with and is duly qualff/ed to acs as Surety under the Act of Congress approved July 1947, 6V.S.0 sec, 6-13, and that to the best of his knowledge and belief the above statement Is full, true, and correct statement of the >!nanclal condition of the sold Company on the 31st day of December 1999, Attest: Pmaident Corporate Jonathan E. Michael Scat Affixed Secretary Camille J Nonsey Sworn to before me this 15th day of February 2000. "OFFICIAL SEAL" � A��I r �oO j glary Ppb/lc Greek C. Man ornery $tate Of lll/nols My commiasmn Errpbtia ebrtmrY Z 2004 MOOSS200