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Police Communication Cntr Rebid
ELIZABETH A. NEVI~ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 2000 Daniel M. Kirlin Procomm Systems, Inc. Post Office Box 163 Hope, New Jersey 078u, tt-0163 Dear Mr. Kirlin: Enclosed, please find a fully executed copy of the contract between the Town of $outhold and Procomm Systems for your records. Very truly yours, Southold Town Clerk Enclosures AGREEMENT THIS AGREEMENT, made this ~ [ day of January, 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 Procomm Systems, P.O. Box 163, Hope, New Jersey 07844-0163 hereinafter called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a proposal from the Contractor to perform ali the work required for the updgrade and construction of a new Southold Town Police Department Communications Center within the Existing Police Department Facilities located at 41405 Main Road, Southold, New York 11971 in the amount of One Hundred Twenty Thousand Dollars ($120,000) and WHEREAS, the Town of Southoid accepted the proposal of the Contractor on the December 7, 1999, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to construct, complete and install the police communication center to serve the Town of Southoid Police Department. 2. Police Communications Center to be located at the Town of Southold's Police Department located at 41405 Main Road, Southold, New York,,in accordance with the plans, specifications, contractor's proposal and all conditions set forth in the document entitled "Bid Specifications for the Updgrade & Construction of a New Southold Town Police Department Communications Center" dated October 26, 1999, which are annexed hereto and made part of this contract. 3. The Town does hereby agree to pay the Contractor for the work, the total sum of One Hundred Twenty Thousand Dollars ($120,000) the total sum to paid to the Contractor for the upgrade and construction of the Communicatiosn Center within thirty (30) days of the completion of said work and the acceptance thereof by the Town. 4. 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 Southoid and that accordingly, the Contractor does hereby agree to comply with aH of the requirements as described in the "Bid Specifications for the Upgrade & Construction of a New Southold Town Police Department Communications Center" dated October 26,, 1999. 5. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. 6. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Jea~ W. Cochran, Supervisor Procomm Systems, Inc. GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. VtrILSON ASSISTANT TOVf/q ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney~southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Janua~ 18,2000 Via U.S. Mail Pmcomm Systems, Inc. P.O. Box 163 Hope, NJ 07844-0163 Att: Mr. Daniel M. Kirlin Re: Upgrade and Construction of Police Communications Center Dear Mr. Kirlin: Enclosed please find three copies and one attachment of the agreement regarding the above-referenced matter. Kindly sign all and return two copies to my office at your earliest possible convenience. Sincerely, Mary C. Wilson, Esq. (,,.(-~'~.. Assistant Town Attorney MCW:ck AGREEMENT THIS AGREEMENT, made this day of January, 2000 between the TOWN OF SOUTHOLD, a municipal corporation of the state of New York, having its office and principal place of business at $3095 Main Road, Southold, New York 11971, hereinafter called the "Town" and Procomm Systems, P.O. Box 163, Hope, New Jersey 07844-0163 hereinafter called the "Contractor". WHEREAS, the Town of Southoid did heretofore request and receive a proposal from the Contractor to perform all the work required for the updgrade and construction of a new Southoid Town Police Department Communications Center within the Existing Police Department Facilities located at 41405 Main Road, Southold, New York 11971 in the amount of One Hundred Twenty Thousand Dollars ($120,000) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the December 7, 1999, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to construct, complete and install the police communication center to serve the Town of Southold Police Department. 2. Police Communications Center to be located at the Town of Southold's Police Department located at 41405 Main Road, Southold, New York,. in accordance with the plans, specifications, contractor's proposal and all conditions set forth in the document entitled "Bid Specifications for the Updgrade & Construction of a New Southold Town Police Department Communications Center" dated October 26, 1999, which are annexed hereto and made part of this contract. 3. The Town does hereby agree to pay the Contractor for the work, the total sum of One Hundred Twenty Thousand Dollars ($120,000) the total sum to paid to the Contractor for the upgrade and construction of the Communicatiosn Center within thirty (30) days of the completion of said work and the acceptance thereof by the Town. 4. 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 "Bid Specifications for the Upgrade & Construction of a New Southold Town Police Department Communications Center" dated October 26, 1999. 5. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. 6. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold By. Jean W. Cochran, Supervisor By. President Procomm Systems, Inc. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD January 13, 2000 Daniel M. Kirlin Procomm Systems, Inc.. Post Office Box 163 Hope, New Jersey 0780,q-0163 Dear Mr. Kirlin: Please be advised that the Southold Town Board adopted a resolution on December 7, 1999 accepting your bid for the upgrade and construction of the police communications center. A further resolution adopting the capital budget for this project passed on December 21, 1999. Copies of both resolutions are enclosed. The Town Attorney's Office is in the process of writing up the contract and will contact you in the near future. We look forward to working with you. Thank you for submitting your bid. Very truly yours, Southold Town Clerk Enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON DECEMBER 7. 1999: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Procomm Systems, Inc., for the upgrade and construction of the police communications center in the amount of $120,000.00, and carpeting in the amount of $2,150.00, all in accordance with bid specifications and the approval of the Town Attorney. Nevill(~ Southold Town Clerk December 7. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON DECEMBER 21, 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Budget effective immediately: Capital Project Name: Financing Method: Budget: Revenues H.5031.55 Appropriations H. 1620.2.500.100 Police Co~unications Center Upgrade Transfer from the General Fund Whole Town Transfers from other funds $122,150.00 Police Communications Center Upgrade $122,150.00 Southold Town Clerk December 21. 1999 Administrative (631) 765-2600/2601 Fax (631) 765-2715 TOWN PECC Telephor HOLD )ial 911 JOSEPH CONWAY Chief of Police TO: ELIZABETH NEVILLE, TOWN CI,ERK FROM: JOSEPH CONWAY, CHIEF OF POLICE DATE: JANUARY 12, 2000 RE: PROCOMM Request status of radio room upgrade. Has ProComm been notified that they have received contract? Have we received a fully executed contract from them? Has the funding been approved? Please advise and forward documentation for my files. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR UPGRADE & CONSTRUCTION OF NEW POLICE CC:.-T-'.L~NICATIONS CENTER BID OPENING: 10:00 A.M.. FRIDAY, NOVEMBER 12, 19qe ONE (1) BID WAS RECEIVED: Procomm Systems, Inc. PO Box 163 Hope, New Jersey 078u,~-0163 Daniel M. Kirl|n, Contact Person 908 u,59-9300 Tele 908 ~59-930u, Fax $120,000. BID SPECIFICATIONS FOR THE UP-GRADE & CONSTRUCTION OF A NEW SOUTHOLD TOWN POLICE DEPARTMENT COMMUNICATIONS CENTER Date:, October 26, 1999 INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids are sought and requested from qualified contractors to perform the installation of temporary facilities and the construction of the new Police Department Communication Center as described by the following Bid Specifications: Bid Specifications for the up-grade & construction of a New Southold Town Police Department Communications Center Within the existing Police Department Facilities Located at 41406 Main Road, (State Route 25) Town of Southold, Suffolk County, New York 11971 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the installation of a new Communications Center. The modifications to and removal of the existing Communication Center will require the installation of temporary facilities to allow for continued operation of the Communication System during construction. The completed work will be required to provide a complete working, fully functioning, properly balanced system to serve the needs of the Police Department. All work shall be in accordance with the Specifications listed herein. 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 on the, [2th day of, November__ 1999. All Specifications are provided herein. A fee of ten ($10.00) dollars, 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 MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. DaSd: October :)6, 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PROPOSAL FORM DATE: 11/8/'99 NAME OF BIDDER: PROCOMM SYSTEMS~ INC. PO BOX 163 HOPE, NJ 07844-0163 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or freud, 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 all project requirements, including the Project Site, bidding requirements, contract, general and special conditions, specifications, 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 s,uch 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 be will contract to furnish all materials not provided by the Town (See Specifications) and to perl~orm all the work required to construct, perform and complete the specified work; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BID on Specifications for the Southold Town Police Department Communication Center in accordance with the project requirements. The above referenced activities will be completed for the stipulated "LUMP SUM" of: asSpecified: ONE HUNDRED TWENTY THOUSAND DOLLARS (written in words) Delivery Time from Award of Bid: n~,v~ urT~,TnOl~T~ ~,t, Tn mi*t~'~,mv (Number of Calendar Days I~quired for G~I-Iv~/--) ....... ( "a;~t~'n*16 ~d~' ~ Lump-Sum Bid on Altemate "A" : TWO THOUSAND ONE HUNDRED FIFTY (Inmaa~m of Carnet 'nm Fk~) (v,~t~n in (written in numbem) 120 DAYS (written in numbers) $2,1,5~ (w~tt~ fn numbers) And ha 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 pumuant to such proposal and to the requirements of the Town, 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, We the undersigned, further agree that this proposal shall be reviewed by the Town to correct any deficiencies in the proposed scope of work and, if no corrections are neces,sary, 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 of Bidder:. t_ ~ %' \,VJ"-*'~-----'~ & Address: PO BO× 163 Telephone Number. 908 459-9300 HOPE, NJ 07844-0163 Date: NOVEMBER 8, 199q GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that PROCONN SYSTEMS, INC. (Contractor) for and in consideration of the sum of $120,000-00 lawful money of the United States of America, to it in hand paid by: PROCOMM SYSTEMS, INC. (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said PROCOMM SYSTEMS, INC. ,and (OwnedContracting 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. NOVEMBER 8, ,19 99 __and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its VTCE PRES'rDENT and its corporate seal to be hereto affixed and duly attested by its SECt~ETARY this N(~v~ dayof ~T~.'~U ,1999 Principal: INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Town Board. Any and all exceptions to the specifications shall be listed on a separate sheet bearing the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall wdte in ink, both in words & numerals, the price for which he proposed: to fumish all materials, plant, equipment, tools, shoring or bracing, 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 $outhold Town Police Chief and the Town Engineer. Proposals, together with the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" beadng the title of work and the Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. A responsive bid is one, which includeS as part of its presentation packed, sufficient data to prove compliance to the specitications. A bid may be disqualified if it does not contain one or more of the following: b. C. d. e. f. A detailed list of console furniture and equipment to be supplied. Blueprint drawing relative to specifications contained herein. Shipping estimate. Estimated days required for delivery of equipment specified. Technical information to fully assemble console furniture. List of at least ten (10) references of similar public safety agencies with direct relevance to an emergency public safety communications system. Copy of warranty with a ten (10) year minimum. Name of project manager who will oversee the project. Include description of his or her background and qualifications. (It is expected that the project manager will be available to provide on-going verbal and written reports, if required, during the duration of the project.) C. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars 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. D. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications 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 specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Town Engineer who may issue a written instruction to all bidders. E. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, authorized agents, and other interested parties are invited to be present. F. AWARD OF CONTRACT Award of contract will be made as soon a.s 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 a "Standard form of Agreement between Owner and Contractor."(Lump Sum) The Town will either award the project or reject all proposals received within forty-five (45) days after formal opening of proposals. Acceptance of a proposal will be a written notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. G. 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. H. 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. The Town also reserves the right to reject any bid if the evidence submitted in the qualification statement or an investigation of of such bidder fails to satisfy the Town that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. I. 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. J. 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 tirm 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. K. PREVAILING WAGE RATES The New York State Department of Labor's Prevailing Wage Rate Schedules are part of this Contract and are included in this specification. INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, all of the insurance that is required under this contract which has been enumerated herein: COMPENSATION INSURANCE: Public Liability and Property Damage Indurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with and approved by the Town of Southold. Com_~ensafion Insurance: The Contractor shall take out and maintain during the life of this Contract, Workmen's Compensation Insurance for all his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require all subcontractors similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. public Liability_ and Pro_petty Damage Insurance: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property · Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury including accidental death as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to each person and subject to the same limit for each person in an amount not less that One Million Dollars ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability_ and Property_ Damsae Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Uability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor sha~l furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy for, and in behalf of the Owner, providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, one persop and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages arising out of injury to, or destruction of, property during the policy period. This insurance must fully cover the legal liability of the Owner. The coverage provided under his policy must not be affected if the Owner performs work in connection with the project either for or in cooperation with the Contractor or as an aid thereto whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents or if the Owner directs or supervises the work to be performed by the Contractor. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates of each insurer insuring the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability thereunder. Both the certificates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. STATEMENT OF NON-COLLUSION (To ,be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to' induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder· RESOLUTION Resolved that DANIEL M, KIRLIN of PROCOMM SYSTEMS, INC. (Name) (Name of Corporat~,) author[zad to sign and submit the bid or proposal of this co~)oration for the following Project: be Bid Specifications for the up-grade & construction of a New Southold Town Police Depa[bitent Communications Center, 4t4~$ Main Road, Southold, N.Y. 11971 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccumcias or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and conect copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Ch. 7~1, S~:~. t0~, ~ ~n~ PROCOMM SYSTEMS, INC. NOVEMBER day of EIGHTH ,19 99 ^ M £ R I £ ^ N N S T I T U T o F~ A R C Il [ T E C T S AIA Doclu;'~e~H A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been :approved and endorsed by the Associated General Contractors of America. ~yeight 191 I, 1915, 1918, 1925, 1937. 1951, 1958, 1961.1~6~, 19(~, 1967, 1970, 1976. © 19~7 by The American Institute of Architects, 1735 o~t Avenue, N.W., Wn~'~n~to~, D.C., 20006. P. ei~o~uet Ion of the material herein or sob~mttal quotation of ~o~ of the AIA vlo[~ th~ eopyl~ht ~w~ of tl~ t~i~d ,~lt~ ~<[ w~ll ~ ~-t to I~nl p{x~u~k~. CAUTION: You ~,hould u~ an o~lglnal AIA document whl©h hll$ thle oauUon I~rinted in r~d. &n original e~t'~t ~h~! ~han~s Will not I~ ob~:umd es ma,/~ur Wimn do~un~nt~ sm reproduced. INDEX Acceptance of Nonconforming Wo~ 9.6.6, 9.9 3, 12,3 Acceptance of Work 9 6.6, 9 8 2,9.9 3, 9 10.1,9.10.3 Accessto Work 3.16, 621. 12 I Accident Prcventio~ : 4.23, 10 ADMINISTRATION OF THE CONTRACT 333, 4, 9.4, 9.5 Advertisement or Invitafion to ~3id ................ I. 1.1 Allowances 3.8 Approvals 2,4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Arbitration 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Amhlt~ct ....................... 4.1 Architect, Defini0on o f ......................... 4.1.1 ^rchitect, Extent of Authority ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, Architect, Limitations of Authority and Responsibility . 3.3,3,3.12.8, Architect's Additional Services and Expenses .......... 2.4,9.8.2, Archltacr I Admln~trltlon of the Contract .......... 4.2, 4.3.61 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, 12.3.1 Architect's Copyright ................................. 1.3 Architect's Dc~alorl$ .......... 4.2.6, 4.2.7. 4.2. I I, 4.2.12, 4.2.13, A rchit eot's [ naOcetion$ ........... 4.2.2, 4.2 .9, 4.3.6, 9.4.2, 9.8.2, Architect's Intel~l~ltion$ ................. 4.2.1 I, 4.2.1Z. 4.3.7 A rehlt eot's On-Site Ob~er~at ions ........ 4.Z.2, 4.2.5, 4.3.6, 9,4.2, Architect's Rclafionship wit h Sub. mt factors .... I.I.2, 4.2.3, 4.2.4, PmtloM Mth~ Wo~ .............................. 8.2 · i~ltll~ ~ ................ IA.I, 1.1.7,5.2.1, 11.4.1 B~III' Ind MIMIkllrt kll~mn{~ ..................... 11.$.2 ...................................... 9.10.2 and Payment ..... 7,3.6.4, 9. I 0.3, I 1.3 .9, I 1.4 Capitalization 1.4 Certificate of Substantial Completion 98.2 Certificates for Payment 42 5 429,93 'h9.4,95,96.1, 9.66,971,983,9101,9103, 13~ 14 I I 3, 1424 Cer0ficatesoflnsurance 932,9102, II I 3 Change Orders, Definition of 7.2.1 Change~ 7.1 CHANGESINTHEWORK . . 3.11,428,7,831,9.311,10.1.3 Claim, D~nl~on of ............ 4.3.1 Claims and DM~tes ...... 4.3, 4.4, 4.5, 6.2.5, 8.3,2, Clllml and Timely Aslertlon of Claims ......... 4.5.6 Clllml for Addison~l Co~t 4.3.6,4.3.7, 4.3.9,6.1.1, 10.3 Cl~ln~ for Addltlomd Time .......... 4.3.6,4.3.6, 4.3.9, 8,3.2 Ctalm$ for ~m0~al~:l or Unknown C'.,ondltiom~ ........ 4.3.6 Claims for l~trnages.. , 3.18, 4.3.9, 6. l.1,6?5, 8.3.2, 9.5.1.2, 10.1.4 Claitns Subject to Arbitration 432,4.4.4,4,5.1 Cleaning Up ............................ 3.15,6.3 Comm~n~n~nt of gtatuto~ UmltaUon Period ..... 1-q.7 Commencement of the Work, Conditions Relating to .... 2. 1.2, Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration .................. 3.9. I, 4.2.4, 5.2.1 COMPLETION, PAYMENTS AND ........................ 9 Completion, Substantial ........ 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Co~%--~d~l ct' Unknown Condi0o ns ..................... 4.3.6 Consent, Written .................. 1,3.1, 3.12.8, 3.14.2, 4.1.2, CONSTRUCTION BY OWNER O~ BY SEPARATE CONTRACTORS .............................. I.I.4,6 ~ (~an~e D~ecUve, Definition of .............. 7.3.1 Corot ruction ~-~hed~les, Co~trnctor'$ ............... 3.10,6.1.3 WWMW ................ 5.4 Contb~WW ................... 4.3.4 SUSPENSION OF THE ............... 4.3.715.4.1.1,14 Coot tact A~minist ration .................. 3,3.3, 4, 9.4, 9.5 Cont rnct Award and Excoition. Conditions Relating to ...... 3.7.1, Contract Documents, Copies Furnished and Usc o f 1.3,2.2.5,5.3 Col~tllet p~formgnee Doting Arblt ration ............ 4.3.4,4.5.3 Comraet Time ................. 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Contra~ Time. ~ of. .......................... 8.1.t 2 A201.1~87 CONTRACTOR .... 3 Contractor, Definition of .... 3.1, 6 ! .2 Contractor's Bid - . I I I Contractor's Construction Schedules 3.10,6 1.3 Contrlcto¢'l Liability Insurance 11,1 and Owner's Forces 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2 5 Contractor's Relationship wit h the Architect .... 1.1.2, 3.2.1,3.22, Cont factor's RepresentaSons . 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, 3.73 Contractor's Right to Stop the Work ..... : .............. 9.7 Contractor's Superintendent ................. 3.9, 10.2.6 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Coordination and Correlation ............ 1.2.2, 12.4, 33.1, Copies Furnished o f Drawings and Specifications ... 1.3, 2.2.$,3.1 ] Correction of Work 2.3,2.4,4.2.1,9.8,2, Cost, DefinRion of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.15.2, 4.3,6, 4.3.7, 4.3.8. I, 5.2,3, ~ to Construction of Owner or Separate Contractors 3.14.2, ~ to the Wofk ..... 3.14.2,9.9.1, IO.2.1.2, 10.2.5, tO.3, 11.3 D'~ fo~ [3¢{ay .................... 6.1.1, 8.3.3, 9.5.1.6, 9,7 l)ate of ~rnent of the Work, Definition of ......... 8.1.2 Date of ,~d~tantlal Completion, Deflnlt ion o f .............. 8.i.3 Day, Deflnitiotl of ................................... 8. l.4 Rejection and Correction of ............ 2.3, 2.4, 3.5.1,4.2.1, D~nyS and Extra. lone ol Time .......... 4.3.1,4.3.8. I, 4.3.8.2, Dtspute~ ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Doctm~ems and ,~wnple$ at t he Site ...................... 3.11 Drawln~ at~ ~aeclflcatlons. Use and Owne~hlp o f ..... IA.I. 1.3, Emergencies .... 4.3.7, 10.3 Employees, Contractor's 3.3.2, 342, 381,39, 3181. Equipment, Labor, Materials and I 13, I I 6,34,35 I, Execution and Progress of the Work 1. 1.3, 1.2.3, 3.2, 3.4. I, 3.5.1, 42.2, 423, 434, 438, 622,7 I 3, Execution, Correlation end Intent of the Contract Documents 1.2, 37 1 ExtensionsofTime 43.1,4.3.8, 72.1.3,8,3, 1031 Failure of Payment by Contractor 9.5,13, 14.2.1.2 Failure of Payment by Owner ........... 4.3.7,9.7, I4A3 Faulty Work (See Defective or Nonconforming Wock) Final Completion led Final Payment ....... 4.2.1,4.2.9, 4.3.2, Financial Arrangements, Owner's .................... 2.2.1 Fire and Extended Coverage Insurance ............... 11.3 GENERAL PROVISIONS 1 GoYemlng Law 13.1 Hazardous IVlaredals ........................... l O. 1, t O.2.4 Identification o f Contract DOcuments .................. 1.2.1 ldentit'Lcation o f Subcontractors and Suppliers ............ 5.2.1 Information end S~nd~ Rm:lulr~l of the Owner .... 2.1.2,2.2, InJu~ or Damage to P~r~on or property ................ 4.8.9 Inspections ........................ 3.3.3,3.3.4,3.7.1,4.2.2, Insurance, ~ I[~tc of ..................... 8.2.2, 11.1.2 Inlumnoe, O~l UIMIRy .......................... 11.2 In~um~, Pral)efSy ........................... 10.2.5,11.3 Insurance, Stored Matevlal~ .................... 9.3.2, 11.3.1.4 n~urance (:o~p~nle$, Con.~ent to Pattie Occupancy . .'9.9. I, 11.3-1 I Insurance Companies, Set tlemens wit h ................. I 1.3.10 Intens of the Consract Documents ................ 1.2.3,3.12.4, Interpretations, Written .................. 4.2.1 I, 4.2.12, 4.3.7 Joinder and Consolidation of CLaims Required ............. 4.5.6 Judgment on Final Awed ................ 4.5.1,4.5.4.1,4.~.? LAIbof end 6ql~, Equipment .... I .I .3, I ,I.6, 3.4, 3.5.1,3.8.2, trebor I:)ispute$ ..................................... 8.3.1 Laws and R.e~ula_flons ....... 1.3, 3.6, 3.7, 3.13, 4. I.I. 4.5.5.4.5.7, Liens .................. 2.1.2, 4.3.2, 4.3.5. [, 8.2.2, 9.3.3, 9.10.2 Uanltatlon~, Statutes of ................... 4.5.4.~, 12.2.6, 13.'/ Umitation$ of Authoclty .................... 3.3.1,4.1.2,4.2.1, LimitationsofTime, SDecific 2.12,2.2.1,24,3 [0,3.11, t.ose O{ Use Insurance ................. 11.3.a Means, Methods, Techniques, Sequences and Procedures of Construction ........ 3.3. I, 4.2.3, 4.2.7, 9.4.2 Minor Chan~s In tho Wonk ........ 1.1.1,4.2,8, 4.3.7, 7.1, ?.4 M~SCELLANEOUS PROVISIONS 13 Modifications, Definition o f ................... 1.1.1 Mutl~l RNpof~lbJJJty ......................... 3.2 Noneonlocmk~ Wodt, Acceptance o! ............. 12.3 Noncon forming WoCk, Rejection and Cot rection o f ....... 2.3.11 Notice ............. 2,3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3A2.8, Notk~, Wrltt~t ............... 2.3, 2.4, 3.9, 3.12.8, 3,12.9, 4.3, No~,cg o( Te~in~ and Irtspeetiot~ ................ 13.5.1.13.5.2 NoUce to Proceed ................................... 8.2.2 Ob~..tvations, Architect '$ On -Sit e ................. 4.2.2,4.2.5, Observations. Cont tact or '$ ....................... 1.2.2, $.2,2 On-Site Inspect k}ns by the Architect .......... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.[ On-Site Observatkms by the Architect ......... 4.2.2, 4.2.5. 4.3.6, Orders, written ...... 2.3, 3.9, 4.3.7, 7, 8.2.2, I 1.3.9, 12,1, OWNER .......................................... 2 Owe~r, O~k~l~ml o f ............................. 2.1 Ovmer, InfMmatlon and Senm~se Requlrnd ~ the ........ Owner ~ MMsSItlt Ineumnee .......................... 11.2 Owner's I~el.tlor~illp lvlth Subcontractors ............... I.I.2, Owner's IUsht to Can7 Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Ow~eIRl~M~o ~ Up ............................ 6.~ Owner's Right to perform Construction and to Awsrd Seperate Contracts 6.1 Owner'e Right to Stop theWo~ 2.3, 4 ~, ? Owner's Right to Susie:nd thc XX/ork 143 Ownership end Use of Architect's Drawings, Specifications and Other Documents Pertlal Occupancy o~ Use 9.6.6,9 9, Patching, Cutting end 3.14, 626 Patents, Royalties and 3.17 Payment, Applications for 4.2.5.9.2.9.3, 9.4. Peyment, Certlfleatse tot ..... 4.25,429,933,3.4,9.5, Peyment, Fellura of ................ 4.37, 95 I 5, Payment, Final 42.1,429, 4.3.2, 4.3.5,9.10, 11.1.2, Payment Bond, Performance Bond and ....... 7.3,6.4, Payments, Progress 4.3.4,9.3,9.6, PAYMENTS AND COMPLETION .............. 9, 14 Payments to Subcont tact ors 5.4.2,9.5.1.3, PCB I0.1 Performance Bond and Paymem Bond ........ 7.3.6.4, Permits, Fe~s lind Notices ...... 2.2.3, 3,?, 3.13, 7.3.6,4, 10,2.2 PERSONS AND PROPERTY, PROTECTION OF ........... 10 Polychlorinatcd Biphcnyl ............. I 0. I Product DitJ ind S~mplse. Shop Drawings 3.11,3.12, 4.2.7 P~ Ind CompleHon ................. 4.2.2, 4.3.4.3.2 Progm~s payments ......................... 4.3.4,9.3, Pro~'t~ Definition of t he ........................... 1.1.4 PIN~ ~ Definition o f the ...................... 1.1.? Project Manuals .................................... 2.2.5 PropMty In~JrmlOe ........................... 102.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 ReSu~tio~s ~nd taws ............ 1.3, 3.6, 3,7, 3.13, 4.1.1, 4.5.5, Re~ctlonofWo{k ~ ........................ 3.5.1,,I.2.6, 12.2 Repcesentntiorts ......................... 1.2.2, 3.5.1, 3.12.7, Representatives .......................... 2.1.1,3.1.1,3.9, I~mo~tlon of CIMnm m~l Dl~oute~ ............... 4.4,4.5 Responsibility for Those Performing the Work ........... 3.3.2, Review of Contractor's Submittals hy Review Of ~ Drawinl~, Product Data and 8mn[~e~ by Corn rector ........................ 3.12.5 Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety P~uflone a~ Pr~mms ~ 2.~, ~ ~ 7, I 0.1 Samples, S~p Drawings. Pr~uct Data and ~ I 1,3.12, 42~ Sampl~ at ~ Site, D~umen~ and 3,11 SC~U~ of Values 9.2, 9.~ I Shop Drawing, Definition of 512.1 S~, ~finidon of the ~ .1.6 Stopping [h~ ~ork ..... 2.3, 45.7,93. 10.1.2, 10.3, 14.1 SUre. ORS 5 4.23, 5.3, 5.4 Su~titut~n of $u~nt ~c[ors ............. 5.2.3,5.2.4 ~ ............................... ~.9~ IO.2.6 Suspension by the Owner for Convenience 14.3 Taxes 3.6, · 364 Termination by the Contractor 14.1 Termination by the Owner for Cause 5 ,~ I I. 14.2 Termination of the Architect 4 I? Termination of t he Cont rector 1422 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests end Inspections 3 3 3.4.2 6,4 2.9,9 4 2, 12 2 1,13.5 TIME ..................... 8 Time, Delays end Extensions of 4.3.8,721,8.3 Time Umlt~ on Cl,',ln~ ...... 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 U NCOV~IING AND OORRECTION OF WORK ......... 12 Uncov~rln~ of Work .......................... 12.1 Un fom~een CondRions .............. 4.3.~, 8.3.1, 10.1 U~ofDo~umcnts ....... 111,1.3,2.2.5,3.12.7,5.3 Vslue~, $oh~duk~ of ...................... 9.2,9.3.1 Wslver of Claims: Flnel Payment ...... 4.3.6, 4,5.1, 9.10.3 Waiver of Claims by the Owfler .......... 4.3.5~ 4,S.1~ 9.9.3, Waiver of Liens .............................. 9.10.2 Waivers of Sub£ogation ................. 6.1.1, 11.3.5, 11.3.7 Weather Delays ................................ 4.3.8.2 When Altaltrltlofl May Be Demanded ............... 4.5.4 Written Cor~cnt .............. 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, lO.1.3, Wrlt~n ~ ........... 2 3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, Written Orders .............................. 2.3,3.9,4.3.7, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1,1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Ek~cuments consist of thc Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addend~ i~ued prior to execution of the Contract, other do<uments listed in the Agreement and Modif'tcations 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 ArchRect. Unless specifically enumerared in the Agreement, the Conrtact DOcuments do not include other documents such as bidding requiremen~ (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- toal relationship of any kind (1) between the Architect and Con- tractor, {2) between the Owner and a Subcontractor or Sub- subcontractor or O) between any persons or entit'ms other than the Ow~:r and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Co~tz~'t intended to facilitate performance of the Az~:hitcct's duties. 1.1.3 THE WtX~ TI~ term "Work" means thc construction and services required by thc Contract Documents, whethcz' completed or cqnliXllC~t and se~'icea provided o;' to be provided by the Contractor to fulfill the Coruractor'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 s~aarare contractors. 1.1.5 THE DflAWlNGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and wbencver issued, shox~4ng thc _,~,'~_,n, location and dlntcs~ons of the Work, 1.1.6 THE 8PE01FIC, ATIONS consbdng of thc written requirements for matemls, equip- 6 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually a~sembled for the Work which may include the bidding requirements, sample 1.2 EXECUTION. CORRELATION AND iNTENT 1.2.1 The Contract Documencs 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 identif3, such unsigned Docu- ments upon request. - 1.9.2 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.$ Unless otherwise stated in thc Contract Docuraents, worcL~ which have wcU-kzlown technical or construction indus- try mcadinss are used in the Contract Documents in accord- 1.3.1 The DrawtnSs, Spe~iflcations and other p~pared by the Architect are Instruments of thc Archlteet's service through which the Work to he cxeeuted by thc Con- tractor is dcscrlb~l. The Contractor may ~ 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 Drawinl~s, Specifications and other documents prel:~u'cd by the Architect, and unless othc'Twise indicated the Azx:htiect shall be deemed the author of th,~n and will retain all common law, statutory and other reserved rights, in addition to the cople~ht. All coDics of them, except the Contractor's record set, shall be returnecl or suitably accounted for to thc Az~hitcct, on request, upon compledon of thc Wonk. The Dzawln~, slx:c~::mom and c~.hcr documcnt~ by the Art:hlteet, and co~:zles thereof furnished to thc ~- tot, are for usc soL-ly with Ix~;Ix~-'t to this Pro,ct. They ;Iz~ Itot to be used by thc Comractor o~ any Subcontractor, SOb- subcontractor o~ material or equllxnent suppllc~ on other ixoj- eets or for additions to rids P~;~'t cmtsidc thc scot~ of thc 1.4 CAPITALIZATION those which are ti) specifically defined, (2) the titles of num- graphs and Clauses in the document or (3) the titles of other 1.5 INTERPRETATION quently omit modifying words such as "~11" and "any" and arti- 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 fomish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give ~ of or enforce mechanic's llen fights. Such information shall include a correct statement of the rcco~d legal title to the properW on which the Project Is located, usually referred to as the site, and the Owner's interest thet~n at the time of exeeutlon of the Agreement alii, within five days al~er any chat~e, information of such change in title, recorded or unrecorded. 2.2 INFO~MA't~ON REQUI~ED O~ THE O~/I~R 2.2.1 The Owner shall, at the requ~t of t~ ~ntm~or, p~r to ex~t~ of the ~ment md promptly from t~e to t~e th~mfter, ~m~h to fi~ ~ have ~ ~ to ~lffil the O~r's obli~t~ u~r t~ ~mm~. [Note: U~ s~ ~o~ et,g~we ~ fumt~ on ~l ~or to t~ ~ution of t~ ~t, t~ r~ui~ to ~ute t~ ~t or to ~m~ t~ Work.] MI ~ O~ ~ ~ ~ ~flb~ ~ys~ ~, ~ ~ ~ u~y ~ f~ ~ she of~ ~, ~ a ~ ~n of ~ ~te. ~$ ~ ~ ~ ~ f~ w~ ~ ~ ~b~ty of ~ ~ ~ ~ ~ ~, ~ O~r facilities 2.2.5 Llnlcss otherwLse provided in thc Contract Documents, the Contractor wi[[ be furnished, free of charge, such copies of Drawings and Project Manuals :zs :ire reasonably necessary for executk)n of the Work 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 as required by Paragraph 12.2 or_persistently fails to carry out by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- 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<lay period after receipt of written notice from default or neglect with diligence and prompme~s, the Owner may after such seven<by period give the Contractor a second seven-day period. If the Comractor within such second seven- day period after receipt of such second notice fails to com- mence and Continue: to correct any deficic~ie~, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order ah.all be ~ deducting from payments then or ther~ftcr due the Contractor the cost of correcting such deft- clenci~, including compensation for the Architect's additional services and expemes made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Comractor are both subject to prior approval of the Alx:hi- tect. If payments then or thereafter due the Contractor are not ARTICLE 3 3.1 3.1.1 The Corttmct~ Is the person or entity identified as such in the A~:em~t and Is referred to throughout the Contract Documents as if ~n~ular in number. The term "Contractor" 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Ior shall assume appropriate responsibility for such p<rfor 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mca Contractor with the Commct Documents before commencing activities. Errors, inconsistencies or omissions discovered shall 3.2.3 The Contractor shall perform the Work in accordance with the Commct Documents and submittals approved pur- suant to Paragraph 3A2. 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 construe and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instmc- 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 potions of the Work under a contract with the Comractor. 3.3.3 .Thc Contractor shall l'~t be iregeved of obligations to per- form tl~ Work in accordance with the Contract Documents either by activities or duties of the &rchitect in the l~.rchltect'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 f'or 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 otberwise provided in the Contract Documents, thc Contractor shall provid~ and pay for labor, materials, equip- necessary for proper execution and completion of the Work1 whether temporary or permanent and whether or not incx}rlx}- rated or to he Incoqx)rated in the Work. 8.4.2 The Contractor shall enforce strict discipline and good oedet amon~ the Contractors employees and other pemons canting out the Contract. The Contractor shall not permit employment of unfit persons or persons not skated in tasks as,s~ned to them. 3.5 WARRANTY mcnts, including substitutions not properly approved and authorized, may be considered defective The C. ontractor's warranty excludes remedy for damage or defect caused by wear and tear under normal usage If required by the Architect, tile Contractor shall furnish satisfacn)ry evidence as to the kind and quality of materials and equipment 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and simila~ taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether of 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 necessary for proper execution and completion of the Work and which are legally required when bids are received or nego 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and law~l 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 cod~, 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 ~ shall be accomplished by appropriate Modification. 3.7.$. If the Contractor perfntm$ Work knowing it to be con- trary to la~s, statutes, ordlnas~es, building codes, and niles and regulations without such notice to the Architect and Owner, the Contractor shall assume full responKibigty for such Work and shall bear the attributable costs. 3.8 ALLOWANCr~ 3.8.1 The Contractor shall include in thc Contract Sum all alibwances stated in the Contract Documents. Items covered by allowances shall be supplied for s0ch 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 C(mtractor mak~ reasonable objection. 3.8-2 Unlexs otherwise provided in the Contract Documents: .1 mated:lis and equipment under an allow'~'~ shall be selected pn~nptly by the Owner to avoid delay in the Work; .2 alibw-.tn...-es shall co",,~r the coet to the Contractor of materials and equllxnent delivered at the site and all required [axes, less appllezble trade dlacounts; the Contract Sum ~hall hc adjusted 3ccordingl? by Change Order Thc amoun{ of thc Change Order shall allowances under Clau~ 3,8.2.2 and (2) changes 3.9 SUPERINTENDENT Pro~c~ si[c durin8 ~r~orm~cc of thc ~ork. Thc su~rtmcn- to thc su~rintendem shall ~ ~s binding as if given to the Con- lng, Other communications shall ~ similarly confi~ed on 3.10 ~'S ~NSTRU~ ~U~S 3.10.1 ~e ~nt~ctor, promptly a~er ~ing award~ the ~n- tract, sh~l p~re and submit for the Owner's and ~chitect's The ~h~ule shall not exceed rime I~Rs current un~r the ~nt~t ~uments, shMl ~ revi~d at appropr~te inte~fls as ~u~ by the conditions of the Work and Project, sh~l related to the entire Proj~t to the extent required by the Con- tract ~umenm, and shall provide for ex~ditious and practb cable ex~ution of the Work, ~.10.2 The Contractor shall prepare ~d keep current, for the A<hite~'s approval, a schedule of submitt~ which ~ c~rdi ~ted with the Contractor's construction ~hedule and Mlows 3.10.~ ~e ~ntractor shall conform to the most recent ~ules. 3.11 ~S ~D SAM~ AT ~ ~E 3.11.1 ~c ~n~or s~ ~ at ~ sim fo~ ~c Owner o~ ~ ~y of ~c ~w~, S~m, a~, ~ O~ ~ o~ M~m, ~ ~ ~r ~d ~dy m ~ ~d~ ~ du~ ~ ~or ~bmlt~ ~o ~hc O~ ~ ~p~ of ~ ~o~k, ~.f2 ~ ~W~, ~ DATA ~ ~ ~.~2,~ Shop ~w~ ~c d~w~. ~, ~h~u~ ~d o~ ~ ~Uy pr~ for t~ ~o~ by ~hc ~)m~o~ o~ 2 Su~)flt~Or, Sub-su~mtm~or, maflufa~urer, supplier or d~tfibutor to fll~tmte ~)~ ~lon of t~ Wo~. ~.12~ P~ ~ta are illmtmt~, fo~n~ cha~a, inst~s, bR~hu~, d~s and other info~t~n ~m~hed by the ~ntm~or to ill.trite materiMs or ~utpm~t for ~}me ~n of the Work. 8.12~ S~ are phys~ c~mpl~ which ill.irate mlt~ ~ to ~mtc f~ t~ ~ ~ t~ Wo~ for 3.12.5 The Comractor shall review, approve and submit to thc Architect Shop Drawings, Product Data. Samples ~ld similar required by the Contract ~cuments may be returned without 3.12.6 Thc (N)ntractor shall pcrlorm no poi'riot1 of requiring submittal ~d review of Shop Drawings, Product iai bzs l~en approved by the Architect Such Work shall be in accordance with approved submittals 3.12.7 By approving and submitting Shop Drawings, Product Data, S~pMs and similar submittals, the Contractor repre~n~ that the Cont~ctor h~ dete~ined and vedfied mate~s, field m~suremen~ and field const~ctJon crite~ re.ted thereto, will do ~, ~d h~ check~ ~d c~rdinated ~e information contained within such submitta~ with the requiremen~ of the 3.12.8 The ~m~ctor shall not ~ relieved of respo~ibility for devmtions from requiremen~ of the Contra~ ~uments by the ~chite~'s approval of Shop Drawing, Pr~u~ ~ta, Samples or similar submittals unless the Commctor h~ s~cificMly info.ed the ~chitect in writing of such devotion at the t~e of submittal and the Architect h~ given written approval to the s~cific deviation. The Contractor shMI not relieved of r~sibility for errors or omBsions in Shop Draw- ings, Pr~uct ~, S~pl~ or similar submitt~s by the ~chi- tect's approvM thereof. 3.12.9 The ~ntm~or shMl direct s~cific attention, in writing or on r~ubmitted Shop ~win~, Pr~uct ~, S~pl~ or similar submit~s, to revbJo~ other than tho~ requ~t~ by the ~chit~ on prev~ submittals, 3.12.~0 lnfo~t~ submit~ u~n which the ~chit<t n~ e~ to ~e ~ive a~n ~y ~ ~ ~d in the ~tm~ ~. 8.12.11 ~ pm~ ~fion of of ~, ~te~ or ~t ~, ~ ~1~ ~ ac~y ~ ~ of such ~t~m ~d ~.ifi- ~.13 3.13.1 ~ ~nt~or sh~l confine o~m~ons at the ~te to ar~ ~itt~ by ~w, ordnances, ~l~ and the ~nt~ ~men~ ~d s~ not un~nably encum~[ the site with mate~b or ~uipm~t. 3.14 ~PAT~ 3.14.1 ~ ~t~tor sh~l ~ r~ible for ~tti~, fitting or ~tch~ ~ to ~mplete the Work or to m~e oft~ W~ ~ ~y ~y ~~ of~ Own~ ~ ~ ~t~ by ~, ~t~ ~ m~r- w~ ~~,or by~. ~t~- tutti.mt or~ .4,201-1987 9 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround lng area free from accumulation of waste materials or rubbish t~used 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 Ihereof 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 patettt 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 thc fullest extent permitted by hw, thc Contractor shall indemnify and hold harmless the Owner, Architect, Axchi- rect's consultants, and agents and employees of any of them from and against claims, damages, Io~es a-etd expenses, indud- Log but not limited to attorneys' fees, axistng out of or resulting from performance of the Work, provided that such claim, dam- age, loss or e~oe~me is attribotable to bodily injury, disease or des~h, or to injury to or destruction of tangible prop- erty (other than the Work ltseLO including lo~ of use resulting therefrotn, but only to the extent caused in whole or In part by negligent acts or omimiom of the Ccmtractor, n Subeomractor, anyone directly or indirectly employed by them or anyon~ for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused In p~t by a patty inclemnlfled hereunder. Such obUs~tinn ~ not be eonatt~d to negate, abridge, or reduce other fights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In al:alms 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 tbem or anyone for who~¢ acts they may be liable, the indemnifica- tion obligation uneler this Paragraph 3.18 shall not be limited by a limitation on amoum or type of damage, eompen~Rinn or benefits pa~ble by or for the Contractor or a Subomtractor under worke~' or v.,orkmen's co~S~atio~ acts, ~lty hearst acts or other em[Moyec benefit acts. 8.'18.$ The obll~ttinns of the Contractor under this Para.apb 3. I g shall not extend to the Uablilty of the A_rehltect, the Al~ni- 10 arising ()ut of (I) tile prcparatinn or approval of maps, drav,,ings, opinions, rCl~)rts, surveys, Change Orders, designs or specifica tions, <ar (2) thc giving of or the failure to give directinns <)r agents and employees of any of them provided such giving or failure to gwe is thc 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 authoriw 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 aga~st whom the Con- tractor makes no reasonable objection and whose status under the Contract DoCuments shall be that of the former architect. 4.1.$. 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 thc Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during tbe correction period described in Para- graph 12.2. The A_~cdtect 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 tn accordance with othe~ provisions of the Contract. 4.2.2 The Architect will visit the site at intetarals appropriate to the stye of comm.'finn to ~ ~y ~ w~ the progress and qnallty of the eomplered Work and to detem~ne in general ff thc Work is being performed in a mmaner indicat- ing that the Work, when completed, will be in aeeordan~ with the Contract Documents. However, the Architect will not required to make exhaustive or continuous on-alte inspections to check quality or quantity of the Work. On the basis of on- site ob~ervations as an architect, the Architect will keep the Owner informed of progress of the Work, and will end. wot 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 r~ponalbic for construction means, methoGs, technique, seqt~nc~ or l:~X:edures, or for safety precautions solely the Cootmctor's ...~amfoalty ~ provided in 3.3. The Arddteet wgi not be ~espott~a~e for the Co~.ractot's fagu~ to ~xry out tbe Wodt in accordance wi0a the Comract of and will not be reqxm~b[e for acts or omisalons of the COn- other persons performing Dortions of thc Work 4,2.4 Communications Fac#Rating Contract Adminlstra- or wben direct communications have been specially autho 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 4.2.6 The Architect will have authority to reject Work which 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, neitbet 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, 4.9,? 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. Tt~ 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 allowin~ sufficient time in the Architect's professional judgment to permR adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeneas of o~ detaiis such aa dimensions and pc:ffot'fnaclce of cquipmeclt Of systems, llll of which t'etn:zin the responMbllltT of the Contractor as n:N:luired by the Contract Doctummt~. The Architect's review of the Contractor's subtnR- tala shall not relieve the Contractor of the obll&arion$ under P$ragraphs 3.3, 3.5 and 3.12. The A~ltltect's review shall not constitute approval of safety pt~ecautiobs or, unless otherwise s~y stated by the Architect, of any construction means, methods, techniques, sequetxc~ or pro<x~ures. Thc Architect's approval Of a specific item shah not indicate approval of an assembly of which the item is a component. 4.9.8 The Arehitei:t will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.:~.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will ~ceive and forward to thc Owner for the Owner's review and records written w.at'rantles and feinted ck)cumems rcqui~d by the Contract and ~at~:mbled by the 4.2.10 If the Owner and A~ct~ect .&ree, the Architect will pro- vkle one or more prolect tepee~n~tives to ~sist in ~ out ti't< Architect's responsibilities a{ thc si~c Thc duties, responsibilities and limitations ol authority of such prolcct rcpr~cmativcs sh~l ~ as mt forth in an exhibit to be incor~- 4.2.11 The Architect will inlerprct and decide matters concern- ing performance under and requirements of the Contract with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on accoum of fat[utc by the Architect to fur- 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 r~able for results of interpretations or decisions so rendered in good faith. 4.:;'.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Document. 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. Claim~ must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4,3.2. Decision of An:hltecL Claims, including those alleging an error or onlL~inn by the Architect, shall be referred initially to the Architect for action as provified in Paragraph 4.4. sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or utisatinn of a Claim between the Contractor and Owner as to all such matters aristn~ prior to the date final payment is due, re~ardle~ of(l) whether such matte~ relate to execution and progre~ of thc Work or {2) thc extent to which the Work has been eom- pleted. The decision by the Architect in response to a Claim shall not be a conditloo precedent to arbitration or Iltigntion 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 ag~ed 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 parsed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.~ Time ~ on OIIIma. Claims by eltber patty must bc ma<lc within 21 days after oecur~nce of the evealt 8tvtn~ rise to such Cfaim or within 21 days after the daltnnnt t~rst teco~l~zes after the initial Claim has been implemented by Cluu~e Order will not be ~ unkss submitted in a timely manner. 4.3.4 Continuing Contract Pe~ormance. pending final reso 4.3.5 Waiver of Claims: Final Payment. The making of final 4.3.6 Claims for Concealed or Unknown Conditions, if con otherwise concealed physical conditions which differ materi- fer materially from those ordinarily found to exist and generally 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 rem'ts of the Contract is justified, the Architect shall so notify Claims by either party in oppo~ition to such determination must be made within 21 days after thc Architect has given the adjustment shall be refer~d to the Architect for initial deter- mination, sub~t to further proceedings pursuant to Paragraph 4.4. 4.~.? Clalma tot Addltlor~ Co~ If the Contractor wishes to make Claim for an tnctesse in the Contract Sum, wrlt~ notice as provided heron shall he given hefore proceeding to execute the Wotic. Prlor notice is no~ requl~ed for Claims relating to an enmgency endange~ng life or pmpe~y.arisin8 un~r Paca- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a wdtten interpretation from thc Architect, (2) an orcler 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- rect, (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 Clalm~ for A~litional Time 4.$.g.1 if the Cc/ntractor wishes to make Claim for an increase in the Contract Time, written no{ice s$ provided herein $h~ he given. The Contractor's Claim ~ inclu{te an estimate.of cost aral of ixot~Me effect of ~iay o~, i:~o~e~ of the Work. In the else of a continuing delay only one c'~tnl is r. ecesaalT. 4.8.8.2 if advers~ weather cortdition~ are the basis fo~ a Claim for additional time, such Claim shall be documented by data period of time and could not have been reasonably anticipated, 4.3,9 Injury or Damage to Person or Property, If either part)' to tfic Contract suffers injury or damage to person or propeny 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 thc other party to invesugatc 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, (Z) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) rejec~t the Claim in whole or in part, stating rea.sons 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 he 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 rertder to the patMes the Aa:ttitect's wdtten dectsion relative to ~le Caaim, Indudin the Contract Sum or Contract Time or both. If there is a susety and there appears to be a po~rollity of a Contractor's default, the Architect may, but is nnt obligated to, notify the sorety and request the surety's assistance in resolving the controversy. 4.$ AR~TRA110N 4.$.1 C~d~emle~ and ~ Sublet to A~oltration. Any controversy or CLaim arising out of or related to ihe Contract, or the breach thereof, shall be settled by acbitratinn in accor- dance wRh the Construction Industry Arbitration Rules of the American Athitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be enter'ed in any court having }ud.sdiction thereof, except controversies or Claims relatin8 to aesthetic effect and except thuse waived as provided for in $~ 4.3.5, Such contlove~$fes or a decision as provided in ~ 4.4.4 shall be ~a~ect to may be coomtellced 1allen 45 days have pe. ssed atqr.£t a Clal~n has been raferred to the Ardlitect as provided in Par~ aC-h 4.3 and no decision has been 12 A201.1987 4.5.2 Rules and Notices for Arbitration. Clahl~ between thc Owner and Contractor not resolved under Paragraph 44 shall, if suhicct to arbitraW, in under Subparagraph 45.1, bc decided by arbirtation ill accordance with the Construction Industry Arbirtarion Rules of the Ameri(ran Arbitration Association cur~ rently in effect, unless the parties mutually agree otherwise Notice of dentand fi~r arbitratinn shall he filed in writing with the other party to the Agreement between thc 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. l)uriog 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 trarion of any Claim may not be made until thc earlier of(I) thc date on which the Architect has rendered a final written deci sion on the Claim, (2) the tenth day after thc parties have pre- scored evidence to the Architect or have been give~ 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 Tv'hen a written decision of the Architect states that (1) the decision is fina~ but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ccedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits spedfied 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 R be made after the date when institutfon of le~l or equitable proceedings based on such Claim would be barred by thc applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5,5 [.k11#atton Off Conaolidatlon o~' Joinder. No a~oitration adsiog out of or relating to the Contract Documents shall Include, by consolidation or joinder or in any other manner, by written eo~nt containing qx'clflc ~-'ference t~ the Agree- ment and s~gned 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 se[~rate contrac* tot 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 per.~a 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 atbltratinn of a dispute no~ described therein or with a pea~xl dC entity nde named or described thereto. The fuce- 8oin8 asmemem to admrate and other asreements to arbltrare to the A~eement shall be q:edlk~y enforceable uncler appli- cable bw In any eou~ havln8 lurbdlehon thereof. 4.5.6 Claims and Timely Asse~on of Claims. A part~ who tion is permitted to bc demanded When a party fails to include a Claim througfi oversight, inadvertence or excusable neglect. 4.5.7 Judgment on Ft~l AwaY. The award rendered by thc arbitrator or arbit~tors shall ~ final, and ~udgment may ~ entered upon it in accord~ce with applicable law in any court having jurisdiction thereof 5.1 ARTICLE 5 SUBCONTRACTORS 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 sin1~ular 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 perso~ 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 COHTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bitiding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall fomish in writing to the Owner through the Architect the names of persons or enti- ties (includiog those who are to fi~mish 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 writin8 stating whether or not the Owner or the Architect, after due investiSation, has reasonable oblection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able oblation. 5.2.~ 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 coptract with anyone to whom the Contractor has made reasonable objection. 5,2.S If the Owner or Architect has reasonable ol~jection 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 C11anse Order shall be issued. However, no inc~se in the Contract Sum shall be allowed for such change unie~a the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 Thc Contractor shall not chanse a Subcontractor, person or entity previously selected if the Owner or Architect makes r~atsonable ob~.'ction to such change. A201-1987 13 5.3 SURCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, wrinen where legally required for v~idity, thc Contractor shall require each Subcontractor, to tile extent of thc Work to be performed by thc Subcontractor, to be bound to the Comractor by terms of the Contract Docu moms, and to assume toward the Contractor all the ohligatinns and responsibilities which the Comractor, by these D~×-u meuts, assumes toward the Owner and Architect. Each subcon tract agreement shall preserve and protect the fights of th(: Owner and Architect under the Contract Documents with respect to the Work to be p~rformed by the Subcontractor so that subcomracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specific',dly provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Cnntractor, 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 hound, and, upon written request of the Subcontractor, identify to the Subcontractor ten'ns and condi- tions of the proposed subcontract agreement which may be at vaJ:iance with the Contract Documents.:Subcoruractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors, 5.4 CONTINGENT A.~SIGNMENT 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 Comract 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 hond relating to the Contract, $.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 CONTt:~. CTOI~ 6,1 OWNER~ RIGHT TO PERFORM CONSTRUCTION AND TO AWARD 8EPARAI~i CONTRACTS 6.1.1 The Owner reserves the right to perform constraction 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 Prolect or other construction or operations on the site under Conditions of the Contract Identical or substantially similar to these iocluding thor, e portions related to insurance and '~tiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor ahall make such Claim aa provided else- wbere in the Contract Documents. 6.1.2 When ~p~rate contracts are award~ for diffe~'nt por- site, the term "Contractor" in the Contract Documenta in each ease shall mean the Contracto[ who exomstea each ~a~ratc Owner-Contractor Agreement. 6.1.3 Thc Owner shall provide for coordination of thc activi- ties of tile 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 hy the Contractor, separate contractors and the Owner until subsequently revised 6.1.4 Unless otherwise provided in the Comract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to he subject to the same obligations and to have the sanae rights which apply tO the Contractor under the Condi- tions of the Contract, inc[uding, without excluding others, those stated in Article 3, this Article 6 and Articles 10, I1 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 apparem discrepancies or defects in such other construction that would render it unsuitable for such proper execution and resutt~. 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 lit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused h¥ dclaFs or by improperly timed activities or defective construction shall be borne by the patty rec, ponsi- hie therefor. 6.2.4 The Contractor shall promptly ~medy damage wrong- fufly caused by the Contractor to oampieted or I:~trtlally com- pleted constmcrion or to prolxmy of the Owner or sol,rate contractors as provided in 5ubiaaragraph 10.2.5. 6.2.5 Clams and other disputc~ and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obll~atious. 6.2.6 The Owner and each separate contractor shall have thc same responsibilities for cutting and patching aa are described for the Contractor in Paraglaph 3.14. 6.3 OWNER'6 RIGHT TO Ct. EAN UP 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7,1.1 Changes m thc Work may be accomplishcd after cxccu. tion of the Comract, and without invalidating the Contract, by Change Order, Consnuction Change Directive or order for a minor change in thc Work, subject to thc limitations stated in this Article 7 and elsewhere in the Contract Documents 7.1.2 a Change Order shall [~ based ul~n agreement ~ong minor change in the Work may ~ issued by thc Architect 7.1.3 Changes in the Work shall ~ ~rformed under appli- toe sh~l pried promptly, units otherw~ provided in the Ch~ge Order, Comt~ion Change Dir~ive or order for a minor chmge in the Work. 7.~.4 If unit prices are stated in the Contract ~uments or su~quently agr~d u~n, and ff qumtiti~ origin~ly con templat~ are ~ ch~ed in a proud Cha~e Order or ~n- struction Change Dir~tive t~t appli~tion of such unit prices to qu~titi~ of Work pro~ will ~ substanti~ inquiry to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 ~NGE 7.2.1 A Change Order is a written instrument prepared by the A<hitect and signed by the Owner, Contractor and Mchitect, stating their age.merit u~n ~1 of the following: .1 a ch~ge in the Work; .2 the ~ount of the ~}~tment in the Contract Sum, if any; and .3 the extent of the adjm~ent in the Contract Time, if any. ~ Meth~ ~ m ~ ad]~ to ~e ~ntmct Sm ~y ~u~ ~ ~t~ ~ ~b~h 7.3.3. 7.3 ~~ ~ ~ 7.3.1 A ~n ~ ~ ~ a wdtten o~r pre- ~ by ~ ~it~ ~d s~ by ~ ~ ~ ~it~t, ~ a ~ m t~ Wo~ ~ ~t~ a p~ ~ for ~h. ~ Ow~r ~y by ~n ~ ~ive, wRh(mt ~v~i~ti~ the ~m~, o~r c~g~ in the Work within t~ g~ ~ of the ~nt~ ~isting of addi- tion, ~t~ or ~r ~, the ~ntrac[ Sum and t~ct T~e ~ing adj~ a~y. 7.3.2 A ~tm~n ~ ~tive shall ~ ~d in the ab~n~ of total ~nt on the te~s of a ~ange Order. 7.~.$ If the ~t~n C~e ~r~tive provid~ for an adl~t to ~e ~tm~ Sum, t~ adj~nt sh~l ~ b~ .1 mut~ ~ ~ a I~ ~m pr~dy item~ mE ~t~; .2 unR ~ ~ ~ ~ ~t~t ~umen~ or su~ .4 :ts provided in Suhp:~ragraph 7 5.0 agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- 7.a.5 A Construcmm Change Directive signed by the Contrac method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. method and the adinstment 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 ca.~ 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 libor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compe~sation insurance; .~ costs or' materials, supplies and equipment, includ- .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes ~lited to the Work; and .S additional costs of supervision and field office person- nel directly attributable to the change. 7.3.'i' Pending t-mai determination of cost to the Owner, amounts not in dispute may be inducted 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, thc allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3,1~ If the Owner and Contractor do not agree with the adjustment in Contract Time or the methcxl for determining it, the adjustment or the method shall be referred to the Architect for determination. ?.3.9 When the Owner and Contractor a~e~= with the deter- ruination m~e by the Architect concerning the adJnstments in the C{mt tact Sum and Contract Time, or otl~rwise tcach a~,fee- ment upon the adjustments, such agt~--ment shall be effective immediately 'and .qaall be recorded by preparation and execu- tion of an approlariate Change Order. A201-1987 15 7,4 MINOR CHANGES IN THE WORK orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work 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 parag~ph 9.8. R.1.4 The term "day" as u.%~l in the Contract Documents shall mean calendar day unless otherwise specifically defined 3.2 PROGR~ AND COMPt. ETION 8.2.1 Time limits stated in the Contract Documents arc 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 1 1 to be f~rnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall n~ify the Owner in writing not less than five days or other agreed period before commet~g the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.$ The Contractor shall proceed eatpeditinusly with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME Work by an act or neglect of ~be 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 casualtie~ or other causes beyond the Contractor's contrt)l, or by delay authorized by the Owner pending arbitration, or by other {mu~ which the Architect determines may lustily delay, then the Contract Time shall be extended by Change Order for such r~-~.c, onabie time as the Architect may determine. 1~3.2 Claims ~elatln~ to time shall be made in accordance with ap[a~able provisions of P'ara~ah 4.3, 8.3.8 This ~ 8.3 does mx preclude recovery of dam- ag~ for delay by either i~rty under ¢Kber provisions of the (Nmttact D{~umeots. ARTICLE 9 PAYMENTS AND COMPLETION 9,1 CONTRACT SUM 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for l'ayment, tile Comractor may require. This schedule, unless objected to hy thc Architect, 9.3 APPL~ATIONS FOR PAYMENT 9.3.1 At ie~t ten days ~fore the ~te established for ~ch progre~ payment, the Contractor shall submit to the ~chitect an itemized Appli~tion for Paym~ for o~tions completed in accor~ with the schedule of values. Such application shall ~ not~, if required, ~d suppled by such ~ subst~tiating the Cont~ctor's r~h[ to payment ~ the Owner or Archit~ may require, such ~ ~pi~ of requ~itio~ from Subcdntmctom an~ material suppliers, and re~e~ing retainage if provided for e~where in the ~ntm~ ~umenm. 9.~.1.1 Such appli~tions may include requests for payment on account of chang~ in the Work which have ~en pro~rly authorized by Construction Change Directiv~ but not yet included in Change Orders. 9.3.1.2 Such appli~tions may not include reques~ for pay- 9,3.2 Unl~ othemi~ provid~ in the Contact ~ments, paymen~ sh~l ~ ma~ on account of mare~b ~d equipment ~liver~ ~d suitably sto~ at the site for su~q~t ~or- ~mtDn M the WoA. If a~mv~ ~ ad~ by ~ O~r, sui~bly ~o~ Off t~ site m a ~n ~ u~n ~ ~. Payment for ~te~ ~d ~Mp~t stor~ on or off ~ she s~ ~ ~t~ u~n ~p~ by the ~nt~ with tit~ to s~ ~t~ ~ ~uip~t ~ ~ ~ the equipm~t sto~ off the site. 9.3.3 The ~)ntr&lOr w~nts that title to ~l Wo~ cover~ by an Application for Payment will p~ to the Owner no later th~ the time of payment. The ~ntr~tor ~Rher warmn~ that u~)n submittal of an Appl~ation for Payment all Work for which ~ifi~t~ for Payment have ~n p~vk)~ly ~u~ and payments ~ceiv~ from the Owner shall, to the ~t of the favor (ff the ~ntr~(~, Su~nt~om, ~te~ ~, or ot~ ~}ns or ~tR~ ~i~ a ~lm by ~m of ~ving p~v~ ~)r, ~t~$ ~d ~u~t ~tl~ to the Work. ~mt~or's A~tion for Pay~t, either ~me to the 16 A201-1987 ment will not be a representation that the Architect has (I) 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 payrnent 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 al~ee 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 repu~en~mtions to thc Owner. The Archi- tect may also decide not to certify payment or, becans~ of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Ce~ficate for Payment previously issued, to such extr~lt a~ may be necessary in the Architect's opinion to pro~ect the Owner from ioss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing uf such claims; ._4 failure of thc Contractor ro make payments prop- erly to Subcontractors or for iab~r, materials or cquipmeot; .4 reasonable evidence that the Work cannot tx: com- pleted for thc unpaid bafancc of the Contract Sum; .9 dama~t k} thc Owner or another contractor; .9 rc~um~ble evidence that thc Work will nm be com- pleted within ~c Co~tract Time, and ~ thc unpaid b~mL.c wo~,kt no~ Ix: adCClUa~e to cover actu~d or liquidated ~ for the antldpated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. of the Work. The Contractor shall, by appropriate agreement 9.9._4 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 acid action taken thereon by the Architect and Owner on account of pot tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation except as may otherwise be required by law, 9.6,9 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.$.9 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Proiect by the Owner shall 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 tiffed by the Architect or awarded by az'oltration, then the Con- tractor may, upon seven additional days' written notice to the Owner and /u'chitect, stop the Work until payment of the amount owing has been received. The Contract Time shall be exterided appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and stat't-up, which shall be accomplished as. provided in Article 7. 9.9 SUBSTANTIAL COMPLETION 9.9.1 Substantial Completion is the stage in the progres~ of the Work wh¢n the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepat~e and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promp~y to com- plete and con'ect items on the list. Fagore to include an item on such ~ does not alter the respoo~a~ty of the Contractor to comp{ere all Work in accue~mee with thc Contract Docu- merits. Upon receipt of the Cxmtractor's list, the Ardllteet will make an inspection to detemalne whether the Work {ac des18- tot shall, before issuance of the Certificate of Substantial Corn Architect Thc Conlractor shall then submit a reques~ for 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 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- 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- mitred to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.9.:3 Upon Substantial Completion of the Work or designated portion thereof and upon application by.the Contractor and certification by the Architect, the Owner shall make payment, reflecting adiustmeot in retalnage, 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* rially 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 hy public authorities having jurisdiction over the Work. Such partial occupancy or use may eommeoce 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, retama8e if any, secu- try, 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 warrantl~ conslde~ a polxion substantially co~lpiete, the Co~tractor shall p~a-afe and submit a list to the Archirect ~ provided under ~b~a$'*~ah 9.8.2. ~t of the Contractor to ps.iai occu- ~ or t~e shall not be unreasonably withheld. The sta~ of the progress of the Work shall be determined by written agree- merit between the Owner and Contractor or, if no agreement is re:ached, by dec. ion 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- tm'Ice of Work not complying wtth the requin.-ments of thc ~.10 FINAL OOMPt_~'IO~ AND FINAL pAYMENT 9.10.1 upo~ rccaix of w~tten notice that me Work ts ready for final InspeoJon and acc~c~_c~ and upon receipt of a final Appl~tiun for Payment, the Arehl~x will promptly make able under the Contract Documents and thc Contract fully per formed, the Architect will promptly issue a final Certificate for ioformation and helief, and on the basis of the Architect's observations and inspections, the Work has been completed in tot 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 have been fulfilled 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (I) 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 wdtten 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 tlnal 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. Ifa Subcon- tractor refuses to f~mish 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~ If, after Substantial Completion of thc Work, final com- pletion thel~of is materially de~l throt~h Iio fault of the Contmc~r or by issuance of ~ Order$ ~ final comple*don, and the Architect so eonllrma, the Owner shall, upon application by the Contractor and eettlt~ation by the of the I:~dance due for Ihat portions of the Work fully c~mpleted and ac'cepted. If the remaining balance for Work not fully com- pleted or corrected is less than retalnage ~ipulated in the Con- tract Doct~ments, and if bonds have been furnished, the written consent of surety to payment of the balance duc for that por- tion of the Work fully completed and aeee~ed shall be submit- ted by the Contractor to thc Aw. hitect prior to certifumtlon 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. Thc making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- ~h 4.3.5. 9.10.4 Accc~,mcc of final payment by the Contractor, a Sub- comract~ o~ material supplier ~ constitute a waiver of claims by that payee ~ tho~e prtwiomfy nmde in writing and Idemlfied by that payee as unsetded at the time of final Al~l~Acation for I~lyment. Such ~:ll~et'$ shall be in acklftlon to tl~ walv~ de~tlb~d in St~i~'aph 4.3.5. t8 A201-1987 AIA~ ,, O 19t~'/THE AM~tncAI4 II~i~TITUTE O~ ARCHrri~.CT$, i 735 Nt~W YORK AV~qU~ N.W., WASHINGTON. D.C, 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS area shall be resumed in the absence of asbestns or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or i~)lychlorinated 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 log 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 no! been rendered harmless, provided that such claim, damage, loss or exper~se is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel0 including loss of use resulting therefrnm, but only to the extent caused in whom or in part by negligent acts or omissions of the Owner, anyone di~-'tly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regal~ of whether or not such claim, dama~, loss or expense i~ 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 ~ this Subparagraph 10.1.4.- 10.2 S~-t:l t' OF PERSONS AND PROPERTY 10.2.1 Thc Contractor shall take reasonable prec~autions for safety of, and shall provide r~.~)nable protection to prevent damage, iniury 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, whetber in storage on or off the site, under care, custody or contrnl of the Contractor or the Contractor's Sulx:ontn~ctors or Sub-.suboaotrac- tom; and eation or n~ In ~he cooke of co~;ux~tlon. danger signs and other warnings against hazards, promulgating qualified personnel. 10.2.5 The Contractor shall promptly remedy danlage and boss required by the Contract Documents) to property referred to in Clauses 10.2. 1.2 and 10,2.1.3 caused in whole or in part by the directly or indirectly employed by any of them, or by anyone for whose acts they may be 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 negitgence of the Conrtactor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor 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, vent threatened damage, injury or loss. Additional compensa- of an e~a'lergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S MABII.ITY 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 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 un<k=r workers' or workmen's compensation, disability benefit and od~r s~m- emlY, oyee bend~ acts liability coverage whicb arc sustained (I) by a I~X~rson cmpk)ynlcnl of such ~rson by thc Contractor, or (2) .~ claims for ~ges ~c~u~ of ~ily injury, d~th of .1 claims involving contractu21 liability insurance appli~ 3.18. ~ 1.],~ The i~ur~ required by Subp~r~ph 1 I. I. 1 sh~l wriuen for not I~ th~n limi~ of l~bflity s~cified in the Ir~ct ~umems or required by h~, whichever coverage is d~s-m~de ~is, sh~l ~ m~int~ned without interruption from ~te of commencement of the ~ork umil ~te of final p~yment ~d te~inat~n of ~y coverage required to ~ m~in- t~ined after fin~ payment ~ ].~.~ ~nifi~tes of I~u~ce accep~ble to the Owner sh~ll ~ filed with ~e Owner prior to commencement of the ~ork. Thee ~ifi~t~ ~d the insu~ce ~lici~ required by ~is ~ph 11.1 s~ll con~n ~ provbion that cove~ ~fforded unde~ the ~lici~ w~l not ~ ~lled or ~lowed to expire until ~t le~t 50 ~ys' prior written notice h~ ~ given to the O~ner. If ~y of ~e for~oi~ ~u~ cove~ ~re ~ui~ to r~ in force ~er fin~ ~ym~t ~d ~ r~n- ably av~ble, ~ addition~ ~mifi~te ~nc~g ~nt~tion of such ~ve~e sh~ ~ submRt~ wi~ ~e f~ ~pli~tion for Pa~t ~ requir~ by Subp~h 9.10.2. ~fo~tion ~n~r~ ~n of ~v~ ~ ~ ~ by the ~m~or's ~tion ~ 11.2 ~'S ~ ~ thc ~r ~ ~ ~d ~ o~ I~ ~r ~- i~u~ un1~ 5~fl~ly ~ui~ b~ thc 11.3 ~ ~ 11.3.1 Unl~ otbc~L~ p~vi~d, Thc Owner ~l n) ~) b~in~ i~ thc ju~di~ion in which thc P~J~ tr~ ~ ~ w~ ~ su~t ~t~ ~o for the ~tl~ Wo~ at t~ site ~ a ~t ~ ~ ~m vol- ~ ~ ~ in ~h 9.10 ~ until ~ N or ratify earlier 'this insurance shall inckldc interests of tile Owner, ibc coverage, theft, van~lism, malicious mischief, collapse, false- work, tem~)rary buildin~ ~d debris removM including demolition {~casioned by enforcement of any applicable legal 11.a.1.2 if the Owner ~oes not intend to purch~ such prop- crty ~surancc required by the Contract and with all of thc the Work. The ~ntractor may then effect insurmce which will protect the inter~ of the ~nt~ctor, Su~ont~cto~ and Sub- su~ontta~o~ in the Work, and b9 appropriate Chmge Order the mst ther~f sh~l ~ charg~ to the Owner. If thc ~nt~c- tot is d~aged by the f~lure or neglect of the Owner to put- ch~e or mainta~ insu~ce ~ de~ri~d a~ve. without notifying the Contractor, thru the Owner shMl ~r able cos~ pro.fly attributable thereto. l ~.a.1.a if the pro.cry ~su~ce requires m~imum deducti- bles md such deductibl~ are identified in the Contract D~u- men~, the Cont~ctor sh~l pay ~s~ not cove~d ~ of such deductibles. If the Owner or ~urer inc~ ~c requi~d minimum deductibl~ a~ve the ~ounts m identified or if the tible ~oun~, the O~cr s~l ~ res~iblc for ~ym~t of volun~ deduc~bl~. If dcductibl~ a~ not identified ~ the Contm~ ~umcn~, the Owner s~l pay ~ not ~ve~d beca~ of d~uctibl~. 11.3.1.4 Unl~ othc~ provid~ in the ~nt~ct ~u- men~, th~ p~ny ~u~ce s~ cover ~nio~ of the Work sto~ off t~ site ~ wriu~ approv~ of the O~cr at v~uc ~b~ in the appro~, ~d a~ ~n~ of tM Work pur~ ~d ~ ~r ~d ~c~ ~u~ ~u~ by ~ ~t~ ~ or by ~w, ~i~ su~ntr~Oom in the Work, ~d the Owner and ~nt~or sh~[ ~ ~ed in~r~. 11.3.3 L~ ~ U~ [~. The Owner, at the Owner's insure the Owner ~ ~ of u~ of the Owner's pro~rty waiv~ ~1 ~i~ts of ~n ~t the ~ntra~or for of the Ow~r's pro~y, including ~)n~qu~t~l [o~ due to fire or ot~r ~ howler ~ ~ ~ to t~ ~t~or by a~te 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 211 generally applicable conditions, dcfini tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance hem by the Owner as fiduciary. The O~ner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tots, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otberwbe 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 iosumble interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fidudary and made [{zl. rable to the Owner as ltdociary for the lnsurecis, as their inte~sts may appear, subject to requirements of any applicable mo~'~e. clause and of Subparagraph 11.3.10. Thc 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 i~ured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be cha~ged against proceeds received as fldudary. The Owner shall deposit in a SelmUate account pro- ceeds so received, ~MCh the Owrm' shall distribute in aecor- Dc in a;xx)rdance with m m~:,ltradon award in which ease the plx)eedure altall be as peoYtdi~d in Panl~ra0h 4.5. If after such 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to fi~roish bonds coveting faitl~f~l performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the 11.4.2 Upon the request of any person or entity appeari.ng to be a potential beneficiary of bonds covering payment of obBga- 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 thc 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 observarion 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 specifg:ally requested to observe prior to its being covet%-d, thc 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~ in~ 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 cnsts unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be resFA)nsible for payment of such costs. 12.2 CORRECllON OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of Su~t~t -iai Completion and whether or not fabricated, installed or completed. The Contractor shall bear ct)sts of correcting such re~=eted Work, Including additkmal testing and inspec- rio~s and com~ for tbe Al~hitect's servlc~ and expenses made necessary thereby. 12.~.2 If, within one yem' after the date of Suhatantial Comple- tion of the Work or de~lgnat ed portkm thereof, or after tbe date paragraph 99.1, or by terms of an applicable special warranty required by the GOntract DOCuments, any of the Work is found rance 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 acceI) Contract. The Owner shall give such notice promptly after dis- 12.2.3 The Contractor shall remove from the site portions of the Work which ~rc 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 falls 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 co~t of correcting destroyed or damaged construction, whether completed or pa~.lally completed, of the Owner or separate contractors caused by the Contractor's correction or t~-moval of Work which ts not in accordance with the requirements of the Con- tract Documents. 12.2.~ Nothtn~ contained tn this Paragraph 12.2 shall be con- stmed to establish a period of limitation with respect to o~ber obligations which the Contractor might have under the Con- tract Documents. Eatabllshrnent of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to .'.he time within which tbe obli~Rion 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 NONCONFO~MIH(~ WORK 12.~,1 It' thc Owncr prefers to accept Work which ~s not in the Owner m~ do so instead of ~qubin~ Its removal and cor- ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 Thc Contract shall hc governed hy the Law ,.)f thc plac(' where thc Project is located 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, Their partners, successors, ~ssigns and legal represcma tires 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 Documems. Neither party to the Contract shall assign the Comract 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 d~emcd 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 de[ivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing, 13.5 TESTS AND INSF~CTK~iS 13.5.1 Tea~, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- rmnces, rules, regulations or orders of public anthodties having jurisdiction shall be made at an appropdate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- in4g 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.$.2 If the Architect, Owner or public authorities having iurisdtction determine that portions of the Work require addi- tional testing, Inspe~lon or approval not included under Sub- paragraph 13.5. I, the Architect will, upon written authorlaatinn from the Owner, Instruct the Contractor to make an-,at~$ements for such additional testing, inap~ctioct or appro~li by an entity aceel~ab~ to the O~.~', and the Contractor shall give timely notice to the Architect of when and where teats and iosp¢ctions are to be made so the Architect may observe such procedures. paragraph 1355 under Subparagraphs 15.5.1 and 15.5.2 reveal failure of the 13.6.4 Required certificates of testing, inspectkm or approval silall, unless odlerwise required by the Contract l~)cuments, be secured hy the Contractor and promptly delivered to thc Architect 13.5.6 If the /trchitect is to observe tests, inspections or appruvals 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- merits 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 nm and any ~ canse of action shall be deemed to have a~cn~-d in any and all events not later than such date of Substantial Completion; ~=ate fo~ Paymer4. ~ to acts or ff, dlums to act occur- ring subsequent to the relevant date of Substantial Compl~ion and prior to issuance of the final Certifi- cate for Payment, an~' applicable statutc of limitations shall commence to mn and any elK-ged cause of action shall he d~-m~d to have accrued in any and all events not later than thc date of issuance of thc final Ccrtificatc for Payment; and .3 After Final Ce~iflr,,ate for Payment..~s to acm or failures to act (x:curring after thc relevant date of issu- ance of thc final C~[lifi~'atc R)r Payment. any appli- cable statute of limitations shall commence to run and any alleged cause of actk)n 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 (Xintractor pursuant to any warranty pR)vJded trader Paragraph 3.5, the date of any correctkm of the Wo{k or failure to cxtrrect the work by the Contractor ulador Paragraph 12.2, or the date of actual commission of any {~her ~ or failure to perform any duty or obligation by the Cxmtractor or Owner, whichever ooaurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 Thc Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of tile Contractor or a Subcontractor, Sub-sobcontractor 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: ity having jurisdiction; 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 .4 if repeated susper~sions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to f~rnish to the Contractor promptly, upon the Contractor's request, reasonable evidence ar required by Subparagraph 2.2.1~ 14.1.2 If one of the above reasons exists, the Contractor may, 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 6~ days through no act or fault of the Contractor or a Subcontractor or their agents or e~pioye~ 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 14.1.7.. enough propedy skilled workers or proper materials; .3 persistently disregards laws, ordinances, or rules, reg- 14.~.2 When any of the a~)ve reasons exist, the Owner, upon A201-1987 23 graph 54; and finished {lac case may be, shall bc certified by d~c Architect. upon appli 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order thc Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as tile Owner may determine, 14.3.2 An adjustment shMI be made for increases ~n the cost of performance of the Contract, including profit on the increased tion No adjustment shall be made to the extent: pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustmem is made or denied under 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percenta~ge fee 24 A201-1987 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located," 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned per!od. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION NEW YORK SLATE DEPARTMENT OF LABOR QF PUBLIC WORK STATE CE BUILDING CAMPUS NY 12240 SCHEOULE 1999A Date 09/10/99 T/O SOUTHOLD dAMES MCMAHON TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 PRO 9907341 SUFFOLK COUNTY Location and Type of Project PROdECT ID #: NONE SOUTHOLD POLICE DEPT. COMMUNICATION CTR. IMPROVEMENTS,RT. 25 SOUTHOLB,NY In respohsa 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 Nottce of Contract Let (PW-16) for your use, THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROdECT WHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepareq and forwarded in accordance with Article 8 of the NYS Labor Law, which provides that it shall be the duty of the ftscal officer to ascertain and determine the schedules of supplements to be provtded and wages to be patd to workers, laborers and mechanics employed on public WOrk projects, and to f~le such schedules with the Department having Jurisdiction. The attached rates are baseq on the latest information available to the Department of LaPor, Burea~ 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 ~s the responsibility of the Public Work contractor to use the proper rate. If~ there Is a question on the proper classification to be used, p3ease call the dlstr~ct office located nearest the project. Thts schedule is effective from duly 1, 1999 through dune 30, 200(3. A new updated schedule w111 automatically be mailed to you each duly I until we are nottfled that the project is completed or canceled, Note: A 1997 AMENOMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF JURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECOROS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Vary truly yours, OHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: PROUECT HAS BEEN COrPLETED/CANCELED: 130 For additional information, contact our local Dlstrtct Offices: AlPany (518) 457-2744 Blnghamton (607) 721-8005 Buffalo (716) 847-7159 Hampstaad (516) 485-4878 New York City (2t2) 352-6088 Syracuse (315) 428-4056 Rochester (716) 258-4505 Uttca (315) 793-23t4 White Plains (914) 997-9507 PW-200 (6-98) , Prevaili{ !ate Schedule ~ New York State Oepartme Labor .................................. Case Number .................................. 9907341 SUFFOLK 1999A WAGES(per hour) 7/0t/1999 Building: Bricklayer .......... $ 31.78 OVERTIME PAY: See ( A, E, E2, O ) 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 Hfs) 6TH (500 Hrs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.46 Appr 8,28 9-1Brk MASON-Building Unit Paving'Work* * Shall include but not 1Fimited to: fired clay brick pavers, pre-cast con- crete slabs (london walks), pressed concrete pavers, cobble stone, all types of flagging, asphal~ concrete pavers- asphaltic cement sand and stone aggregate, unit safety surface. WAGES(per hour) 7/01/1999 8/01/1999 Apprentice ( one year term 23.72 addit. 20.07 .70/hr. OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLJOAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIOAY PAGE. SUPPLEMENTAL 8ENEFITS:(per hour worked) dourneyman $ 10.76 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOATING WAGES(Per hour) 7/01/1999 dourneyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Page ~6 Prevailing Rate Schedule _~ New York State Oepartment of Labor ............................... Case Number ........................... 9907341 SUFFOLK 1999A HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year teems at the following percentage of iounneyman's wage. 1st 2n~ 3rd 4th 5th 6th 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) dounneyman $ 12.65 9-530 MASON - Pointer/Caulker/Cleaner WAGES(pep hour) 7/01/i999 Pointer, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) 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:(peP hou¢ worked) dourneyman $ 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 ( I ) on HOLIOAY PAGE. OVERTIME: See ( 5. 6, 8, tl, 13, 25 ) on HOLIDAY PAGE. Page 17 Prevaili Rate Scbedu)e ' ~lew YOrk State I Departmer~ Labor ................................ ~ase Number ......................... 9907341 SUFFOLK 1999A APPRENTICES: wage. 1st 50% 60% 70% SUPPLEMENTAL BENEFITS:(pen hour worked) $ 14.14 8O% 9O% 95% 9-780 MASON - Building WAGES(per hour) Building: Plasterer ............ $ 7/01/1999 29.27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of journeyman's wage. 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.25 Appr 1st three months 0.00 other Appr 12.25 9-202P MASON-Butldinq WAGES (per hour) 7/01/1999 Building: Mosaic & Terrazzo Worker...$ 31.38 Helper...$ 30.07 OVERTIME PAY: See ( A, £, Q. V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: PA[D: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 1t, t5, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL 8ENEFITS:(per hour worked) $ 13.85 ................................. Case NumPer ............................. 9907341 SUFFOLK 1999A 9-7/3 MASON - Buildin~ WAGES(per hour) Building: Tile Layer ........... 7/O1/1999 lt/O1/1999 30.26 31.26 OVERTIME PAY: See ( A, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, tO, 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:(Der hour worked) 14.32 14.82 9-7/52 7/01/1999 12/0t/1999 16 ) on HOLIDAY PAGE. 9-7/88 IRONWORKER WAGES(per hour) Oerrtckmen/Rlgger .... $ 7/01/1999 30.59 + $1.59 Addit. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: .............................. O Case Number PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( t/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th Sth 6th 50% 60% 70% 80% 90% 9O% SUPPLEMENTAL BENEFITS:(per hour worked) $ 22.64 9-197 WAGES(per hour) 7/01/1999 1/01/2000 Marble Cutters & Setters ............. $ 33.73 34.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen 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 ( I ) 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% 7O% 8O% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 HASON-Butldtnq WAGES(per ~our) 7/01/1999 1/01/2000 Marble-Riggers, Crane & Derrlckmen...$ 27.72 28.72 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. PAID HOLIDAY: t/2 Day for Labor Day, OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) .............................. Case Number ............. gg07341 SUFFOLK lgggA $ 16.87 16.82 9-?/20 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* · Additional $2.00 per hr. for Hanging Scaffold, Spray. Sandblasting, and Rolling Scaffold 20' and over. Lead Abatement at same rate as classification. DVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( I ) 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 ~UPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman $ t3.67 All other dourneyman 13.67 Appr 1st year 4.76 Appr all other terms 10.18 4-1486 PLUM~ER 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 ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the.following percentages of douPneyman's wage. 9907341 SUFFOLK 1999A lst 2nd 3rd 4th 5th 40% 50% 65% 7O% 75% SUPPLEMENTAL BENEFITS: (pe¢ hour worked*) dourneyman $ 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 dourneyman ................. $ 28.50 Overtime: ( B. E, O ) on Overtime Page. Holidays: Paid ( I ) Overtime ( 5. 6. 9, 10. 16 ) on Holiday Page. 40% 50% 60% 70% Supplemental Benefits ; per hour worked. dourneyman ................. $ 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/t999 Steam Fitter .......... $ 35.30 Sprinkler Fitter ...... 35.30 For Work on Temporary Heat & Air Conditioning ....... $ 25.88 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. B. 7, 11. 16 ) on HOLIDAY PAGE. APPRENTICES: ( t ) year terms at the following percentage of dourneyman's w&ge. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) page 22 '--~partment of LaDor 9907341 SUFFOLK ~999A $ 17,50 term percentage of 17.50 9-638A STEAMFITTER WAGES(per hour) 7/01/1999 Steamfitter ......... $ 22.30 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on 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, ~S, 17 ) · * ( 10, 11, 26. Memorial Day ) APPRENTICES: ( I ) year terms at the following wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th yr $6.72 10.89 19.04 15.19 18.31 SUPPLEMENTAL 8ENEFIT$;(per hour worked) dourneyman $ 8.06 Appr 1st term 7.00 Appr 2nd term 6.56 Appr 3rd term 6.0i Appr 4th term S.56 9-638B ROOFER WAGES (~er hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.S0 OVERTIME PAY-N~W Roof: See ( A. E, O ) on OVERTIME PAGE. OVERTIME PAY-RePoof: See ( B, E. O on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. t0, 13, t6 ) on HOLIDAY PAGE. Page 23 Prevail.~g Rate Schedule ....................... Number-~ 9907341 SUFFOLK 1999A APPRENTICES: ( 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 17.57 Apprentices 1st 2.00 2nd 3.75 3nd 9.37 4th 13.91 4-154 SHEETMETAL WORKER WAGES (per hour) Sheetmetal Worker .... 07/01/1999 $ 31.89 Decking & Siding Work: ........ 80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2.~O, V ) on OVERTIME PAGE. ( 0, E2, O, 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 te¢ms at the following percent of journeyman Pate SUPPLEMENTAL BENEFITS: (pen hOMP ~orked) dourneyman $ 19.91 Appr 1st term 5.53' Appr 2nd term 6.46 Appr 3rd term 7.31 AppP 4th te~m 8.32 4-28 WELDER Welder... TO be paid the rate Of the mechanic performing the work, TEAMSTER-Building 9907341 SUFFOLK 1999A 7/0~/1999 Truck Driver (Building and Heavy/Highway): Group t ................. $ 26.955 OVERTIME PAY: See ( B. E, R ) on OVERTIME PAGE. HOLIOAY: pAI,~: See ( 5, 5, 16, 25 )* on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 )~ on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME ............ , $ 19.0025 OVERTIME ................. . 9.40375 4-282~sh TEAMSTER- Oemolition/DeDris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 Truck Driver, Chauffeur or Loader/Operator StrtghE dobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B. L. S. S1.) on OVERTIME PAGE. HOLIDAYS: PAIO:(*)See ( 5. 6. 7. 8. 11, 12. 26 ) on Holiday Page.' (*) Muse work two days in Holtday week SUPPLEMENTAL BENEFITS: (per hour worked) StrtghE Etme $ 12.35 Addlttonal for Overtlme 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 7/01/1999 Sign ErecEor ......... $ 24.66 Plestto Mechantc ..... 19.72 Page 25 .............................. ~-Case Number ...................... -~ ........ 99073A1 SUFFOLK 1999A OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 1t, 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 dourneyman's 38% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS; $ 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 Appr 2nd yr Appr 3rd yr Appr 4th yr Appr 5th yr $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month $ 2.44 per hour paid + 2% of gr°~s wage + $ 0.20 p~r hour worked + $ 115.00 per month $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day patd + $ 0.20 per hour worked $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked $ 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) Painter (Striping-Highway): Striping-Machine Operator ....... $ He]per .................... Linerman ....................... OVERTIME PAY: See 7/0t/1999 21.57 15.79 24.09 8, E, P, S ) on OVERTIME PAGE. 9907341 SUFFOLK 1999A HOLIDAYS: PAID: See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. SUPPLEMENTAL 8ENEFITS:(per hour paid) 9-8a/28a (230) WAGES:(per hour) Survey Rates-Building: Party Chief ......... $ Instrument Man ...... Rodman ............... ?/0t/1999 25.60 17.48 OVERTIME PAY: See ( A, E*, Q, V ) ON OVERTIME PAGE. *DouPletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( S, 6, 8, 1t, 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 pates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 15.15 Apprentice 8.65 9-15DP SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/01/1999 Sunvey Rates-Heavy/Highway: Party Chief ............. $ 29.14 Instrument Man .......... 23.41 Rodman .................. 20,63 OVERTIME: See ( B, E*, Q. V ) ON OVERTIME PAGE. *Doubletime patd on the 9th hour on SeturQey. HOLIDAYS: PAIO: See ( 5, 6, ?, tt, 12 ) on HOLIDAY PAGE, OVERTIME: See ( S, 6, 7, 11, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st tePm $ 9.97 2nd term 14.14 Page 27 Prevail Rate Schedule .............................. ~Case Number ............................... 9907341 SUFFOLK 1999A SUPPLEMENTAL BENEFITS (per hour paid) dourneymen $ 15.15 Apprentice 8.65 9-15D-N/S CO. SURVEY CREW - Consultln§ Engineer CONSULTING ENGINEER SURVEY WAGES:(per hour) 7/01/1999 OVERTIME PAY: See ( 5, E*, Q, v ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, B, 7, 11,~ 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 7: 11. 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the fo]lowing wage rates. 1st term $ 9.87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9,5§ Apprentice 6.75 9-15dcomsult CORE DRILLING WAGES(per hour) 10/16/1998 Core Drilling: Driller .............. $ 22.23 Helper ................ 18.72 10/t6/1999 Note: Hazardous Waste Pay Differential: For Level C. an a~tttonal $ 0.25 per hour For Level B, an additional .75 per hour For Level A, an additional 1.eX:) per hour Note: When required to work on water: an additional $ 0.25 par hour. OVERTIME RAY: See ( 5, E, K*, P, R** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5. 6 ) on HOLIDAY PAGE. ............................... Case Number ............................ 9907341 SUFFOLK 1999A OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. · * See ( 8, 10, I1, 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 $ 23.61 $ 23.72 21.07 21.10 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5. 6, 10, 12, OVERTIME: See ( 5. 6. 10, 16 ) on HOLIDAY PAGE. 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year terms at the following rates; 2nd.yr ............... 12.50 3rd.yr ............... 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman ...... $ 8.30 + 10% of rate 12.50 t4.50 $ 7.95* + 10% O~ rate *overtime $ 9.95 + 10% of rate Apprentice ...... $ 5.00 + $ 5.00 + 10% of rate 10% of rate POWER EQUIPMENT OPERATOR - Buildlnq BUILDING: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler. Boring Machine, Cherry Picker (over 50 tons), Concrete Pump. Crane, Derrick, Dragline, Dredge, GPadall, Grader. Hoist, Loading Machine (10 yds DP mope), Milling Machine, Pile Ortver, Power Winch-Stone Setting/Structural Steel/Truck MOUnted, Powerhouse, Road Paver, Scoop-Camry&Il-Sot&per in TarK~em, Shovel, Sfd~13oom Tractor, Stone 9907341 SUFFOLK 1999A CLASS "C": Curb Machine. Maintenance Engineer (Small Equip. & Well Point), Field Mechanic. Milling Machine (Small), Pulvt-Mixer, Pumps, Roller (Dirt), Var-All. Welding/Burning, Compressor (Structural Steel & 2 or more in Battery). (Structural Steel & Pile Work), CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Sew 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 I to 3 inches/Gypsum/Double Actio~ 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 WAGES (per hour) 7/01/1999 *AdO $3.00 for Hazardous Waste Work Class "B " ............... 29.48* *Add $2.00 for Hazardous Waste Work Class " C ". .............. ; 28.36* *Add $i.OO for Hazardous Waste Work *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: **must work day before & day after, or receive 2 hours per intermittent day OVERTIME: See ( 5. 6, 7, 8. 11, i6 ) on HOLIDAY PAGE.** APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21,04 Note Note: OVERTIME dOURNEYMAN $ 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 Case Number ............ 9907341 SUFFOLK 1999A CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading CLASS "C": Curb Machine, Naintenance 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 Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/Double Class "E": Berthing Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inches). Root Cutter. Stump Chipper. Oiler on Tower WAGES (per hour) 7/01/1999 *Add $3.00 For Hazardous Waste Work *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 " ............. 2B.10 Class " H " ............. 26.98 *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.00 350 $ t.50 and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( D, 0 ) Oh OVERTIME PAGE, HOLIDAYS: P~D: See ( 5, 6. 8, g, 10, 16 ) on Holiday Page.** .............................. 9907341 SUFFOLK 1999A SUPPLEMENTAL 6ENEFITS: (per hour worked) Note: OVERTIME dOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note MARINE CONSTRUCT[ON WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer, Derrick Or. Chief Mate on Dredge. Class C: Class D: Fireman, Oiler ....... Class A: Tug Master ........... Tug Chief Engineer... Tug Captain .......... Tug Engineer ......... Class D: Class A: Claes C: Boat Captain ......... Class O: 7/01/1999 10/01/1999 $ 25.18 $ 25.78 22.34 22.61 22.01 22.28 21.83 22.07 20,35 20.57 20.50 20.72 ,16.58 16.74 ;17.23 17.39 16.58 16.74 22.69 23.09 21.10 21.47 22.69 23.09 21.10 21.63 16.80 16.96 25.64 26.26 22.83 28.12 21.83 22.07 20.35 20.57 21.49 21.74 20.50 20.72 17.23 17.39 16.80 16.96 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6. 8, 10, OVERTIME: See ( 5. 6. 8, 15 ) on HOLIDAY PAGE. 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC. DIPPER, CLAMSHELL DREDGES and TUG BOATS. 32 9907341 SUFFOLK ~999A SUPPLEMENTAL BENEFITS: All Class A & B All Class C All Class D 8% of $ 4.51 plus 8% of wage $ 4.21 plus 8% of wage MARINE CONSTRUCTION WAGES (per hour) Drill Boat: Class A: Engineer .......... Blaster ........... Driller ........... 8oat Capt ......... Class C: Welder/Machinist.. Class D: Oiler/Helper ...... Oeckhand .......... Core Driller ...... t6.41 16.56 7/0t/1999 $ 23,24 23.25 19.94 23.03 20.25 15.63 t8.38 10/01/1999 $ 23.54 23.81 23.55 t9.53 23.30 OVERTIME $ 0.80 EXTRA OVERTIME $ 0,65 EXTRA OVERTIME $ 0,50 EXTRA · 4-25a 20.46 15.97 18.56 Helper ............ 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 $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage S 3·1t plus $ 3.21 plus 8% of wage 8% of wage Class C 0.92 0.63 Class D $ 2.42 Overtime Benefits Time and one half A & B add ................ $ 1.06 C add .................... 0.82 D add .................... 0.58 Ooubie Time A & B add ................ $ 2,12 C add .................... 1.63 D add .................... 1·15 4-25/3 WAGES (per hour) 7/01/1999 Heavy/Highway Group ~ I ............. $ 25.6? Group # 2 ............. 25.08 OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.0§ after 40 regular hours) 4-1298 WAGES(per hour) 770t/1999 1/01/2000 29.98 OVERTIME PAY: See ( A. E. O, V ) on OVERTIME PAGE. PAID HOLIDAY: dourneymen receive 1/2 days pay for LaDor Day. Cleaner, Maintenance and IST three terms of Apprentices See ( 5. 6. 1t. 15 ) on HOLIDAY PAGE. All others See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 11. 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage. 5O% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Cleaner/Maintenance Appr $ 12,33 2.40 5.80 + wage percentage of $ 6,09 9-7/24 MASON - Building Page 13 Case Number 9907341 SUFFOLK ~999A Chain Link Fence ...... 34.04 Guiderail Installation, 34.04 OVERTIME PAY: See ( A, D1, E*. O, 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 dourneyman's 1st. 2nd. 3rd. 4th. Sth. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 18.26 Appr 1st term 16.17 Appr 2nd term 16.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr Sth term 17.48 Appr 6th term '18,00 9-580 LABORER WAGES (per hour) 7/01/1999 Building Laborer: Except Abatement ...... For Abatement See Below $21.28 + $1.59 addit.(A11ocation to be determined) OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID; See ( I ) 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. Structural ........... $ 27.70 Riggers ........... 27.70 Machinery Movers ..... 27.70 Erectors.,, 37.?0 OVERTIME PAY: See ( B, E¢, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( t/2 ) year terms at the following wage. 1st, 2nd. 3rd, 4th. 5th. 6th. $ 20.55 21.15 21.15 21.75 21.75 SUPPLEMENTAL BENEFITS:(per houc worked) dourneyman $ 22.33 Apprentices 17.88 21.75 9-40/361 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing & Metal Lathing .......... $ 31.45 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE, OVERTIME: See ( 5, 8, 8, 10, 11, 13, t8, 19 ) on HOLIDAY PAGE. APPRENTZCES:( 1 ) year terms at the following wage rates. Ist 2nd 3nd 4th $16.00 $18.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS;(pec hour worke~) dour~eyman $ 17,48 AppP 1st term t0.68 2nd term 11.68 3rd term 13.68 4th term 16.68 9-46 IRONWORKER WAGES(Der hour) 7/01/1999 Ornamental ............. $ 34.04 ................................. Case NumDer 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: ( I ) year terms at the following wage. lst 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 01/06/2002 $ 19.02 $ 19.50 $ 20.44 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: OVERTIME: See ( S, 6, 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.3?+ 12.5 % 12.5 % 12.5 % 12,5 % 12/30/2000 $ 19.99 4-1049 IRONWORKER WAGES(per hour) 7/01/1999 New ork stat. ............................. NumOer ................ Apr 4th yr 43.5% + 43.5% + App 5th yr 43.5% * 43.5% + $ 5,43-' $ 5.43** App 6th yr 43.5% + 43.5% + PUMP & TANK WORK 7/01/1999 6/01/2000 6/01/2002 dOURNEYMAN ....... $29.22 $30.10 $31.30 OVERTIME; See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: Paid ( t ) Overtime ( 5, 6, 9, 15, 25 ) on HOLIDAYS PAGE. 40% 50% 60% 70% 85% 50 1/2% of hourly rate 4-25 ELECTRIC[AN WAGES (per hour) 04/04/1999 Lineman / Splicer ....................... $ 30.50 * Mate~fal Man ............................ 26.54 Heavy Equip. Oper ....................... 24.40 Gmoun~man ............................... t8.30 Flagman ................................. 13.73 OVERTIME PAY: 'See ( ~, O ) on OVERTIME PAGE. 10/03/1999 26.97 24.80 18.60 13.95 PAID: 9ee ( 1 ) on HOLIDAY PAGE. OVERT{ME: See ( 5, 6, 8, 9. 10, 1t, 16 ) on HOLIDAY PAGE. *APPRENT[CES: 1000 ~ouc periods at the fol{oulng percentage of joucneyman,s wage. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based o~ gross wages-othems pe~ houm) 04/04/99 10/09/99 15 % + 15 % + $ 3.41 $ 3.79 9907341 SUFFCLK 1999A OVERT[ME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year tepms at the folowing percentage of dourneyman's wage. 1st 2nd 3PO 4th 35% 45% 6O% 80% SUPPLEMENTAL BENEFITS:(per hour worked) 9-1087 (DC9 NYC) ELECTRICIAN WAGES (pep hour) 7/01/1999 4/29/2000 Electrician ............ ' $ 34.25 $ 35.25 Fine Alarm ............. 34.25 35.25 Audio/Sound ............ 34.2S 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 REOU[REO,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 4/29/2000 SWING SHIFT 4:20 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: PA[D: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 30% 35% 40% on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the following percentage of doumneyman's 4th 5th 6th 50% 60% 70% suppLEMENTAL BENEFITS: (percents based on gross wages-othePs pep houP) 7/01/1999 4/29/2000 dourneyman 43.5% + 43.5% $ 5.43** Apo 1st yr 15% + 15% + $ 3.13.* $ 3.33** $ 3.t3.* $ 3.33** PAID: See ( 1 OVERTIME: See APPRENTICES : 1st yr 2nd yr 3rd yr 4th yr on HOLIDAY PAGE. 5, 6, 10, 18 ) on HOLIDAY PAGE. I ) year terms at the fo]lowing wages. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 20.59 Appr 1st & 2nd terms t4.31 Appr 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/t999 Elevator Constructor ..... $ 34.415 28.575 Apprentice: (6) month terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th lOth 50% 60% 65% 70% 75% 75% 7~% 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. ?, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman/Apprentice: Construction $ 10.855 Modern./Servtce 10.705 9-t GLAZIER WAGES(per hour) Glazter .............. $ 7/01/t999 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. ................................. Case Number ................................ CARPENTER WAGES(per hour) Timberman ......... $ 7/01/1999 28.35 OVERTIME: See ( B, E, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See PAID: See OVERTIME: See APPRENTICES: ( 1 WaGe. 1st. 2nd. 3rd. 40% 50% 65% SUPPLEMENTAL BENEFITS:(peP hour paid) 18, 19 ) on HOLIDAY PAGE. 5. 6. 11, 13, 18, 18. 19, 25 ) for 1st & 2nd yr. Apprentices 4th. 8o% - See Below, 9-i536H CARPENTER The following Supplementa! Benefits apply to the pPecedinG Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 21,65 Apprentices 15.35 G-NYC/SUpp CARPENTER WAGES (per hour) 07/01/1999 Building: Carpenter ............... $ 29.13 Heavy/Highway: Carpenter ............... $ 29.13 O~ERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: WAGES(per hour) 7/01/1999 Carpet/Resilient Floor Coverer ...... $ 30.30 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See S. 6. 11, 13. 16, 18. 19, 25 ) fop lst & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 13. 16, 18, i9. 28 ) on HOLIDAY PAGE. APPRENTICES: ( 1 year terms at the following percentage of dourneyman's wage. 15t. 2nd. 3rd. 4th, 40% 50% 65% 8O% SUPPLEMENTAL BENEFITS:(peP hour worked) - See Below. 9-228? CARPENTER WAGES(per hou¢) PileOriven ........... $ Dockbuilder .......... 7/01/1999 31.55 3t.55 OVERTIME PAY: See ( B, E2. 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18. 19 ) on HOLIDAY PAGE. PA[D: See ( 5. 6, 11; 13. 16, 18. 19, 25 ) for 1st & 2nd yr. Apprentices OVERT[ME: See ( 5. 6, 11, 13, 16. 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage Of dounneyman'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 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. Marine Construction: Marine Diver .......... $ 38.79 Tender .... 28.67 ................................. Case Number ............................... 9907341 SUFFOLK 1999A WAGES(per hour) OVERTIME PAY: See ( C, 0 See ( D, 0 HOLIDAYS: 7/01/1999 $ 33.00 34.95 ) on OVERTIME PACE for 7-hour day. ) on OVERTIME PAGE for 8-hour day. PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PACE. OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PACE. LABOR DAY, if worked, at quadrupie rate. APPRENTICES: ( t/2 ) year terms at the fotlowing percentage of journeyman's wage. 1st 2nd 3rd 4th 60% 65% 70% 75% SUPPLEMENTAL BENEFITS: 5th 6th 7th 8th 8~ 85% 9O% 95% (per hour worked) $ 3.96 ~lus 47% o¢ wage 4-5 CARPENTER WAGES(per hour) 7/0t/1999 Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, 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. SUPPLEMENTAL 8ENEFITS:(peP hour paid) dourneyman $ 23.89 Al~r 1st term 15.94 Appr 3rd term 19.42 Appr 4th term 21.53 9-740 CARPENTER Page 3 9907341 SUFFOLK 1999A F L N 0 P 0 Oouble the hourly Double the hourly S Two and one half times the hourly rate for Holidays, if worked. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise HOLIDAYS PAID Paid Holidays are days for which an eltgiPle 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 sectton listings for each classification. Following Is an explanation of the code(s) listed in the HOLIDAY section of each classification contained tn the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally 2 3 4 5 6 7 8 g None. Labor Day. Memorial Day and Labor Day. Memorial Day and duly 4th. Memorial Day, duly 4th, and LaDor Day. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Washtngton's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. Washtngton's Birthday. Columbus Day. Election Day, ............................... Case NumDer ......................... 9907341 SUFFOLK 1999A ( 13 ( 14 ( ~5 ( 16 ( 17 ( 18 ( 19 ( 20 ( 2~ ( 22 ( 23 ( 24 ( 25 ( 26 ASBESTOS WORKER WAGES(per hour) 7/01/1999 Asbestos Worker ....... $ 31.61 OVERTIME: See ( C, O, T*, V ) on OVERTIME PAGE. PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. B. T, 11. 18 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. 40% 50% 70% 80% SUPPLEMENTAL BENEFITS;(per hour worked) dourneyman $ 19.64 Apprentices Same % as $ 19.64 WAGES Rem./Abatement only* .... $ 22.00 OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after ~ work days per week. Rem & Abatement $ 4.00 9-12 BOILERMAKER ............................... Case NumPer ................................ 9907341 SUFFOLK 1999A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION PAID HOLIDAYS 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 applicaPle holidays are ]tstect under HOLIDAYS: OVERTIME. The required rate of pay fop these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should De given to the supplemental Peneftt 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 EFFECTIVE DATES When you review the schedule for a particular trade op occupation, your attention should be directed to the date above the column(s) of rates. This is WORKERS COMPENSATION -The policy of insurance must be issued Pya company authorized to provide Workers' Compensation coverage in this state. Page 2 PFevailing Rate Schedule Case Number ......................... 9907341 SUFFOLK 1999A Bureau of Public Work - Albany Bureau of Public Work - Blnghamton Bureau of Public Work - Buffalo Bureau of Public Work,- Hampstead Telephone# 518-457-2744 716-847-7159 516-485-4878 716-2BB-4BOB 315-428-4056 315-793-2314 914-997-9507 212-352-6088 518-457-5589 FAX # B1B-4BB~IBTO 607-721-8004 716-847-76B0 516-485-0322 716-258-4708 315-428-4671 315-793-2342 914-997-9523 212-352-6186 51B-485-1B70 (7/06/99) OVERTIME 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 rata after 7 hours per day, AA) Time and one half of the hourly rate after 7 and one half hours par day. B ) Time and one half of the hourly rata after B hours per day. B1) Time and one half of the hourly rate for the gth & lOth hours week days and the 1st 8 hours on Saturday. Double the hourly rata for all additional hours. C ) Double the hourly rate after ? hours per day. C1) Oouble the hourly rate after 7 and one half ~ours 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 rata on Saturday. El) Time and one half 1st4 hours on Saturday. Double the hour]y rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost durtng 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 durin~ that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTNOLD Schedule Type COMPLETE 1999A Date 09110/99 JAMES MCMAHON TOWN HALL PO. BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY AGY. OF JURIS. : TOWN NAT OF PROJECT: ADDITION TO EXISTING STRUCTURE Prevailing Rate Case No. 9gO7341 O1 PROJECT [D #: NONE $OUTHOLD POLZCE OEPT COMMUNICATION CTR. IMPROVEMENTS,RT 25 Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.220.3a of the Labor Law reqmres that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE ..of thee.e, requests for EACH prime contract let immediately upon notifying a successful bidder for this rublic work project. Photocopy as many blank forms as required to supply one for each con,fractor. Retum 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.) J-]Letter of Intent [-JContract Signed r-lResolutiort Work to be done by this prime contractor:. Type of Contract: CHECK APPLICABLE TYPE E]l1411 General Construction 8(02)(05) 0therHeating/Ventilati°n [-1(03) Electrical Plumbing Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Numben Name: Address: City: State: Zip: Amount of Contract'¢' J "~Z.0~ OO--~.. ~ Approximate Starting Date: ~ / I / Approximate Completion Date: ~' / I ! Estimated Date Entire Project Will be Completed: .~/ \ / CONTRACTS NOT YET AWARDED Type of Contract {Check all applicable contract types) BioOll .s,ruc,io. BigOtherHeating/Ventilati°n O(O~ Electrical Plumbing Signature Oate VERIFYING THE REGISTRATION APPRENTICES This information is computerizeq 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, dob Service and Training Division, ~ullding 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 It shoulq be noted that the existence of a registered appremticeship program is not conclusive proof that any individual is registered in that program. PW-203 (7-99) dorm: letter2e NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES, 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 Decomes effective duly PW-202 (4-95) doom: letterd ATTENTION: ALL TRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC PROdECTS IN NEW YORK STATE INTRODUCTION: Be]ow are the major provisions of the Labor Law covering workers on public work projects. particblar public work project. WAGES AND SUPPLEMENTS: The wages and supplements to De paid and provided for where the work is performed. If a prevailing rate schedule for the project has PAYROLL RECORDS: Every contractor and subcontractor must keep originals or 1. Name 2. Address and phone numPer 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. Oeductlons 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 Every contractor and subcontractor shall submit to the Dept. of durtsdictton within thrtty days after issuance of it's first payroll, and every thirty days APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered ureter a program or egree~l~nt registered with the Commisatoner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of LaPor alleging the failure of a contractor or subcontractor to pay or provide INTEREST AND PENALTIES: If an underpayment of wegea or supplements is found, CRIMINAL SANCTIONS: Willful violations of the Prevai)ing Wage Law (Article 8 POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits must post in a conspicuous place notices of PW 19 (7-99) ~ocm: letter2b REOUIRE~ENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law ~s 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: 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 wag~ schedule provided (See Sections 220.3, 220.5) It shall be the 0uty 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) 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 es above, shall be paid (a) 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. (Sea Section 220-e(b)) (c) provisions of the contract. (Section 220-e(c) 7. (a) (b) 220-e(d)) 220-e(d)) Section 220-a) PW-3 (4-95). mlt I' Ii 1 Ii STATE OF NEW YORK ~. BUREAU OF PUBLIC WORK D&PARTMENT OF LABOR ~ STATE OFHCE BUILDING CAMPUS ALBANY. NY 12240 REQUEST FOR WAGE ~D S~P~NT ~FO~ON AS ~Q~D BY ~C~S 8 ~D 9 OF ~ ~OR ~W Submit ~is fora for new ~hedules or for de~na~on for ad~onal ~cupafions. ~de all info~afion ~ques~d Below ~'rA'~O BY: ~NG AGENCY ICHECX O~) ~ ~H~Cr Ga Z~G~m~G MR~ ~ 1 1 / 8 / 9 9 A. ~O~UCWORKCO~T~ ~maandcompteteaddr~(number,~reeLc~ortown, zipcode) PROCOMM SYSTEMS, INC. 7B NIGHTINGALE RD. BLAIRSTOWN NJ 07825 SEND REPLY TO (NAME AND ADDRESS): PROCOMM SYSTEMS, PO BOX 163 HOPE, NJ 07844 INC. TELEPHONE: {908 459-9300 B. PROJECT PARTICULARS Project TITLE emgor description of work to be performed. Include contract identification num bar. if applicable REMODELING OF POLICE STATION 7. Nature of Pro~- Check One 2. AdditionteExistingStsucture 3. HaavyandHighwayComtruction(NewandRepeir) 0 4. NewSewero~Wete~ne S. OthezNewCoflstr~ctiofl(Explain) &. OtherReconstructio~oMaintenenca, RapairorAIteration [] 7. Demolition r-I 8. Ouildifl~lSlrvicaContract Name and Title of Requester DANIEL M. KIRLIN. [] N.Y. State Units rlO~ DOT E]o2o~s ~103 OORMITORY AUTHORITY I-I 04 STATE UNIVERSITY CONSTRUCTION EUNO I'1 OS MENTAL HYGIENE FAOUTIES CORP. I-I 06 OTHER N.Y. STATE UNIT I-107 C~ I-108 Local School Di~rict I-10g Special Local District, i.e., Fire, Sewer, Water District I"'110 Village ~ 11Town 12 County I-113 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide I~oject information. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE [] Addit~l Occupation and~or Redeterminet~on PRe NUMBER ISSUED PREVIOUSLY FOR I OFFICE USE ONLY THIS PROJECT 6. Location of Project: Locatk~onS~te SOUTHOLD POLICR DRPARq~MRNT Ro~eN~tre~dr~ 41405 MAIN Village or City SOUTHOLD Town OCCUPATION FOR PROJECT [] Consttuction(OuiMing, Heavy [] Guards, Watchmen Highway/Sewer/Water) [] Janitors, porters, cleaners I-I Tunnelling [] Moving furniture and I'1 ResklenUal equipment [] Landscape Maintenance I-I Tresh and refuse removal [] Elevato~ maintenance I-t Window deaoe~s I-I Exterminators. Fumigators. ~] Other (Describe) S~gnature ~, ~ County 8. OFFICE USE ONLY I I I I I I I I I I I I I I I I I I I I I I I I II II II II II II Il ii II II II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I SEE OTHER IDE FOR LAWS RELAllNG TO PUBUC WORK CONTRACTS IlW.~ t10-~$ STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Seciion 250,2~9) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and su.bcontractors to pay laborers, workers or mechanics employed m the performance of a pubhc work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locah'ty where the work is performed. The Department of Jurisdiction aw.~,~,'.ni~.a, public work contract MUST obtain a prevailing .r.a~ schedule from the Bureau of Public~Vork of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule m.~.y be obtained by completing and forwarding the Request for Wage~;~,~d Supplement !,~f~rmation on the reverse side hereof. The prevailing rate schedule MUST be included in 1 for the contract to be awarded and is deemed the sl~Cp~fincations part o.f .t~.e public work contract, the signing of the contract, the Department of JurisdictionMUST advise the Bureau of Public Work on a form supplied by the Bureau as to the n~me of the contractor to'Whom the contract was awarded, the date and the ~mount of the contract. A "Dep .ar?ent 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 Se~tlons ~.20-b and 235.2 of the Labor Law to so notify the financial officer of the D.e.t~ .art~..ent of Jurisdiction that awarded the public work contract. Such officer MUST then mthhold or cause to be .w~.tl~..eld from any payment due the prime contractor on account of such .c?ntract the amount ~ndicated bythe Bureau of Public Work as sufficient to satisfy the unpmd wages.and supplements, including interest and any civilpenalty that may be assessed by '_the Conunissioner of Labor. The wi~ng continues un.til a final determination of the underpayment by the C.o .mmiesi~..er of Laber or .by .t~.e .Co.urt m the event a legal proceeding for review of the Conumamoner of Laber's deternunation ~s ~nstituted. . e_Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the C, ourt with respect to the release ofth~ f{mds ~o withheld. INFORMATIONAL BULL I IN Thc followin$ is a ch&nSc to ~he New Yo~ Staze Del~rtment of Labor's policy on the applicability of the provisions of A~i~le $ (prevailing wase rates) to off-site borrow pitt/'oatch plants and related tn~¢kin8 of mater~l ~iv~du&ls w~o t~e employed by a vendor to deliv~ mate~als excavated ~om e~t~ off-site ~ow p~ts ~ ~tch plants ~e ~ ~bj~ to ~ilin~ rite. mia applies w~th~ ~ n~ ~ pl~t ~ ~t is ~i~t~ to t ~51ic w~k ~oje~. 2) The payment of a prevtilin$ wage me is required to individuals involved in either the operation or construction of o~site borrow of IXX~able batch plants thet are dedicated exclusively to public work. 3) The only exception to this policy w~ld require the pe).mcm ofprevailin$ wase rates to ,ti individuals ensa~,ecl in work activities relative to off-site bo~ow of portable ~tch plants when the contractin$ amity cle~ly identifies the specific location of the borrow pit or batch plant in the scope ofth~ p~oject. if)~u have an), questions, please ~nt&ct this o~ce located ~s: New York State Department of Labor, Bureau of ~blic Work, Governor W. Ave~ell Harriman State O~ce Building Campus, Albany, New Yod~ 12240, ($15) 457-$$19. Decemhe~ I, 1991 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promo~.ion, 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 wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. 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 nomdiscrimination 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). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or othen~vise 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 ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities ara maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or sub(xmtrac~or agrees that a breach of this sertificaticm is a violalJo~ of the Equal Opportunity clause in his contract As used in this cartirx~tion, the term 'segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, perking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit diredive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or othenvise. He further agrees that (except where he has obtained identical cartifications from proposed subcontractors for specific time periods) he will obtain identical cedJficeti(m$ fi'om proposed subcontractors pdor to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportun~ clause; that he will retain such certifications in his files; and that he will for~vard the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): 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 odgin. 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 odgin. 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 odgin. (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 Septamber 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or purSuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Govemrnent 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 othenvtse provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or pumhase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pumuant 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 witt take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL pROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each pdme contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such pdme contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a pdme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or pumhase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective pdme 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 pdor to award. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent pedod or such other pedod specified by the agency or the Director. A bidder or prospec~ve prime contractor or proposed subcontractor shall be required to submit such informaiton as the agency or the Director requests pdor to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or 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. ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland 'Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited fi'om inducing, by any means, any person employed in the construction, completion, or repair of public ~:)rk, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for constr~ti(;)n contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a prevision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of J). hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provk:led 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 ex_ _re~___~ 8 hours in any calenda? day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or ~ 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, sefe~, 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~ Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $ t00,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate, All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, 'Equal Employment Opportunity", as supplenmnted in Deportment 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. 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 ever~ subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the apprepdate rations and wage rates, for the area of construction pdor to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subconbactor, nor any person acting o~ 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; (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void, OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty 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 postetl 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 odgin. THE AME CAN INSTITUTE OF ARC TECTS AIADocurnentA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obli§ee, 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 blOW, THEREFORE, if the Oblisee shall accept the bid of the Principal a~l the Principal shall enter into a Contract with the Obligt~ in accordance with the terms of such bid, and 8ire ~ bond o~' bonds as may be specified in the bidding or Co~tract Documents with sood and sufficient ~urety for the faithful pa~mance of such Crmtl~lct and for the prompt palrmeflt of labor and material furnished in the prosecution thereof, ~' in the ~went of Ihe failure of the Principal to enter such Co~tract and 81ve such bond or bonds, if the Principal shall pay to the Oblis~e the differem:e not to exceed the penalty hereof .b~veen ~he emount specified in said bid and such larKe~ amount for which ~e Oblisee may in sood faith con~ict wi~ another party to perform the Work covered by said bid, theft this oblisiliofl shall be null and void, otherwise ~o remain in full force and effoct. Signed and sealed this day of 19 (witness) (Prir~ipal) (Title) (Surety) (Title) (Seal) (Seal) AIA DOCUMENT ~ · lid BONO · AIA · · FEBRUARY 1970 ED * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O.C. ~ 1 RFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Conlractor shall promptly and fa,thfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in fuji force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete tl~e Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with ds terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under lhe conlracI or contracl) of completion arranged under this paragraph) sufficienl funds to pay the cost of complelion less the balance of the contract price; but not exceeding, including olher costs and damages for which the Surety may be liable hereunder, the amount set forth in the f~rs/ paragraph hereof. The term "balance of the contracl price," as used in this paragraph, shall mean the tolaJ amounl payable by Owner to Conlraclor under the ContracI and any amendments thereto, less the amount properly paid by Owner to Contractor. At~y suit under this bond must be instituled before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Sisned and sealed this day of 19 t Titlel tTi(l(,) AIA OOCUMENT A3II · 1~/3'(N~MANCE IOND AND LAIO~ ANO MATElilAL PAYMENT IONO · AIA · F~i~UARY ~ ED. · THE AMEIUCAN INSTITUTE (lf ARCHITECTS. 113S N.Y. A~., N.W., WASHINGTON. O. C. ~ 2 LABOR MATERIAL PAYMENT )ND NOW. THEREFORE, TH[ CONDITION OF THIS OBLIGATION is such lhat, if Principal shall promplJy make payment to all claimants as hereinafter defined, for all labor and maleriaJ used or rea,onably required for use in the performance of the Contracl, then Ihis obligation shall be void; olherwise il shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and malerial being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable Io Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after Ihe date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other Iban one having a direct contract with the Principal, shall have given written nolice fo any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party lo whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail~ postage prepaid, in an envelope dressed to the Principal, Owner or Surety, at any place where an office ,s regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following Ihe date on which Principal ceased Work on said Contract, it being understood, however, that if any limifation em- bodied in this bond is probibiled by any law controlling the conslruction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other Ihan ;n a state court of competent jurisdiclion in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 AIA OOCUMENT A~E1 · PERF()RMANCE RONO AND LAROR AND MAT[RIAt PAYMENT ~()NO · AIA FERRUARY 1970 EO. · THE AMERICAN INSTITUTE OF ARCHITEClSo 17t~; N.Y. AV~., N.W.. WASHINGTON, D. 4 CONSTRUCTION SPECIFICATIONS July 30, 1999 Article I Project Description & Requirements: 1.01 It is the intent of the Town of Southold to contract for the purchase and installation of special communications consoles that include both furniture and equipment for use in their Public Safety Communications Center all in accordance with the specifications contained herein. The intent of these specifications is to provide a functional and technical description of the dispatch console furniture & equipment that is required by the Town of Southold. Note: Deviations in the design and intent of these specifications will not be accepted. The console furniture and equipment described in these specifications will be awarded to one vendor. 1.02 Temporary_ Communication Center: The contractor will also be required to establish a temporary communication center to provide for continuous, uninterrupted operations of all communication during all phases of construction. This will include the demolition phase of the existing facility as well as the time it takes to complete aH new construction requirements for the complete installation of the new communication center. The temporary center will be located in the lobby of the Police Department building. The temporary communication center must be capable of performing aH functions of the present permanent communication center including the following: Enhanced 911; administrative telephones; public safety communications; computer aided dispatch (CAD); NYSPIN (state interface computer network); prisoner detention area visual/audio monitoring; and contact area for exchange of information and reeords with the public. 1.03 Delivery_ Requirements: Time of delivery must be stated on the Proposal Form and shah indicate the number of calendar days required for delivery of goods and services following the execution of the contract. The time of delivery will be a consideration in awarding the bid. All deliveries must be coordinated with the Southold Town Chief of police. AH console equipment shall be packaged, wrapped and protected from abrasion and corrosion as well as being clearly labeled to aid in quick identification on arrival at the delivery point. AH deliveries shah consist of only new materials. AH damaged material and equipment delivered to the job site shah be replaced by the contractor at no additional cost to the Town of Southold. 1.04 Time frame for completion of Project: At such time that all equipment & materials have been manufactured and delivered to the site the contractor shall have ten (10) working days to complete the entire project. During this time frame, the temporary communication system shall be set-up & made operational prior to the construction phase of the project. The construction phase will include the dismantling & removal of the existing system and the complete installation and start-up of the proposed Ne? Communication Center. This time period may be extended by the $outhold Town Chief of Police only if project conditions or other unknown facts cause a justifiable delay in the completion of the project. 1.05 Default by Vendor: In case of default by vendor, the Town of Southold may procure the console furniture and equipment from other sources and may deduct from any moneys due, or that may thereafter become due to the vendor. The amount of money deducted will be the difference between the price named in the contract or purchase order and actual cost thereof to the Town of Southold. Prices paid by the Town of Southold shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended, if the facts as to the cause of delay justify such extension in the opinion of the Southold Town Chief of Police. 1.06 Vendor Oualifications: The Town of Southold reserves the right to consider the following among other factors in making the award: a. Vendor's ability, facilities, and experience to perform the work of the character and magnitude required herein. b. Vendor's reputation in the manufacture and performance of communications and dispatch console furniture projects similar to the requirements of the Town of Southold. c. Vendor's list of references for the installation of similar systems. 1.07 Liabilities: The vendor shall hold the Town of Southold, it's officers, agents, and employees harmless from liability of any nature or kind because of use of copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid. The vendor further agrees to defend, at their own expeus.e, any and all aetious brought against the Town of Southold or themselves because of unauthorized use of such aFfleles. 1.08 Equipment Performance: Items in these speciKcations, which materially contribute to the console furniture esthetics or durability, will not be compromised. Items in these specifications, which materially contribute to the performance of electronic equipment, will not be compromised. Vendors shall offer that furniture and equipment which meets the specific requirements of these specifications. Evaluation of furniture and equipment offered will be made on the following basis (but not necessarily in the order listed): g. h. I. L n. Whether or not the console furniture and equipment meets specifications. Quality of workmanship and materials to be utilized. Performance and reliability. Freedom from premature obsolescence. Ease of installation and removal. Ease of servicing and adjustment. Environmental tolerance. Ergonomic compliance with A.N.S.L standards. Safety and security provisions. Warranties. Economy of maintenance. Availability of replacement parts. Physical appearance of furniture and equipment. Ease of use, and functional operation of furniture and equipment. 1.09 Warranties; The contractor shah provide written warranty for aH labor, parts, materials and general conditiolls within this section for a period often (10) years. The warranty period shah not commence until after the acceptance of aH items specified. The vendor shah warrant that aH items described herein shall be free from defects in materials, design and workmanship, meet aH normally acceptable quality standards for this type of installation and usage, be one of a kind in quality and shall perform fully the requirements of the Owner and in the manner described in this specification. 1.10 The vendor shall certify that they maintain a stock of replacement parts for each item included in this specification, and shall be in a position to replace such part or parts as may be required for a period of not less than ten (10) ~ears. It is further required that the vendor shall be capable of replacing any and all assemblies and components in this ' furniture system for as long as the furniture is in actual service. 1.11 EIA. ANSI. NEC. and NFPA Standards: The successful vendor shall provide console equipment that meets or exceeds all applicable standards set forth in the following: EIA (Electronic Industries Association) ANSI (American National Standards Institute) NEC (National Electric Code) NFPA (National Fire Protection Association). 1.12 Res_nonsive Bid: A responsive bid is one, which includes as part of its presentation packed, sufficient data to prove compliance to the specifications. A bid may be disqualified if it does not contain one or more of the following: a. A detailed list of console furniture and equipment to be supplied including applicable pricing. b. Blueprint drawing relative to specifications contained herein. c. Shipping estimate. d. Estimated days required for delivery of equipment specified. e. Technical information to fully assemble console furniture. f. List of at least ten (10) references of similar public safety agencies with direct relevance to an emergency public safety communications system. g. Copy of warrnnty with a ten (10) year minimum. h. Name of project manager who will oversee the project. Include description of his or her background and qualifications. (It is expected that the project manager will be available to provide on-going verbal and written reports, if required, during the duration of the project.) 1.13 The contractor shah use adequate numbers of skilled worioaen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this section. AH electrical and electronic equipment, components, products, etc., specified herein shah bear U/L ratings. Contractor shall submit verification of U/L listings prior to ordering materials. Ail equipment, assemblies and related items described herein shah meet or exceed afl applicable standards of the ELS. (Electronic Industries Association), ANSI (American National Standards Institute), NEC (National Electric Code), and NFPA ( National Fire Protection Association). Console design and layout shall conform to ADA requirements and A.N.S.L standards related to VDT & CRT usage, including wheelchair aceeesibiHty. Article II Scope of Work: THE SCOPE OF WORK SHALL INCLUDE ALL LABOR, MATERIALS, EQUIPMENT, SCAFFOLDING, TRANSPORT, GENERAL CONDITIONS, ETC. REQUIRED FOR A COMPLETE AND FINISHED INSTALLATION OF ALL FURNITURE, ELECTRONIC EQUIPMENT, RELATED ACCESSORIES AND COMPONENTS SPECIFIED HEREIN. 2.01 SCOPE OF WORK FOR THE DISPATCH CENTER: The scope of work for the dispatch center will begin with construction of a temporary despatch center to be erected in the lobby of Police Headquarters. Vendor will relocate all pertinent equipment and electronics needed for daily dispatch operations. This will include electronics, radios, telephones, computers, cameras, monitors, printer alarms and intercoms. Installation of temporary video cameras and monitors to be provided on loan from vendor to view the front and rear doors as needed. Vendor will also provide and install a small two-station intercom for communications between the public and police depactment personnel. The vendor shall dismantle, remove and dispose of all existing dispatch furniture and electronics. Vendor will provide a minimum trade in allowance of $1,500.00 for the existing console system and electronics. The actual trade in allowance provided by the vendor shall be as specified by the vendor in the Proposal Form. The vendor shall redress and label all existing cables to remain and reconfigure equipment room and install new panel on wall for purpose of mounting telephone blocks and auxiliary controls. The vendor shall remove unueed antenna cables and control cables from equipment room and supply new equipment rack to house console common equipment controller and equipment. The contractor shall ground new and existing radio equipment in the equipment room and supply and install lightning protection as needed. Provide cable ueecss through floor to new dispatch room and seal up existing cable access ports in the center of dispatch room. Supply and install new cabling for dispatch, cameras, intercoms, telephones, alarms, and electronics. The vendor will install new computer cable, panic alarms, printer cables and gronDdlng as needed. Wire connect electrouic door leeks and keypads. Supply and install new jail cell intercom to replace existing intercom. New construction will include installation of new STS (or equivalent) furniture consisting of enstom six and seven bay consoles and a enstom four bay console with two 45 degree wedges caeh. It shall also include console bases, countertops, 716 RU's of rack mountable openings, top vented panels, e. nd panels, rear lift-off doors where required, three keyboard trays cut into countertops, steel support frame and coutertop returns, 3/4" maple grade plywood countertop with ARP laminate, red oak bull nose trim, rear fabric panels, hardware, and six plug power supply strip per bay. Custom countertoPs as per drawing and one custom printer countertop with paper feeds and one high printer counter top with electrical feeds above. Supply three sets of three-unit low voltage quartz lighting with dimmer switches for dispatch positions. Installation of three Zetron (or equivalen0 dispatch position console electronics model number 4024/4018/4118 communication console with 4115 expansion panels and central electronics bank installed in communication equipment room. Install paging encoders, auxiliary switches to operate doors and electronic locks, foot switches and microphones. Configure consoles for call director/headset interface operation. Vendor will install all new equipment into console furniture including a new five-station intercom system. Vendor will install all existing electronic equipment including computers, printers, cameras, monitors, alarms, and phone systems, etc. Vendor will supply and install a new Ericsson VHF Orion (of equivalen0 256 channel desktop station with four station remotable through console electronics. Vendor will provide system setup, optimization and prepaid freight. Warranty for parts and labor extended to ten (10) years is required. 2.02 Specification Drawings: Drawings provided at the end of this Specification (Dwg's # Al, A2, A3 & A4) are schematic plans, sections, elevations and details that have been provided to depict the general desired layout of the proposed control room system. All shop drawings and construction details and fabrication drawings shall be the responsibility of the vendor. 2.03 Submittals: The contractor shall submit samples of all finish materials, including metal plastic laminate and wood surfaces for approval by the Architect prior to ordering materials. Product data: a. Manufacturer's Literature: Description of all products. b. Manufacturer's Data: U/L listing, showing rating levels of ail products. Shop Drawings: a. Submit detail drawings indicating complete fabrication and erection details. Architect's review of shop drawings will be for general consideration only. Compliance with requirements for materials, fabrication, and erection is the Contractor's responsibility. The contractor shall submit sample of standard service contracts to the Owner for approval prior to award of the contract. 2.04 Contractors Responsibilities: The Contractor shall examine the Contract Drawings and Specifications in order to assure the completeness of the work required under this Section. Supplementary parts necessary to complete work in this Section though not definitely indicated on drawings or specified herein, shall be included. The Contractor shall be responsible for ali dimensions, quantities, or completeness, and the correct fitting of work as specified in this section. 2.05 Delivery_. Storage & ]~ndlin_~: All equipment and construction materials shah be delivered to the site at such intervals to insure uninterrupted progress of the work. Contractor shall be responsible for storage of materials and equipment to permit easy access. The contractor shall protect aH product and packaged materials delivered to the site from the weather or any other cause that may damage same. Article III Furniture & Communication Equipment: 3.01 The furniture design criteria are based on maximum reliability and ease of service. The furniture must be modular where possible and reflect all the latest state-of-the art concepts in furniture design utilizing ergonomic design and being A. D. A. Compliant. Field service of the console furniture shall be quickly accomplished by a technician and require the use of only common hand tools. the communication console furniture for the Southold Town Police Department Communication Center must meet the following requirements: A. There shah be three (3) consoles and one (1) storage cabinet fabricated. Two consoles (A & B) are custom six and seven bay consoles and console © is a custom four bay console. Storage cabinet (D) is a custom counter top with shelving above and four, 4-drawer stacks below. [See drawings A1 through A4 for schematic plans, elevations, sections & details.] B. Each end bay shah be 54-1/8" tall inclusive with 7/6 RU's of rack mountable openings. Each of the console bays shall include: one (1) top fixed mounted panels (with in-set air vents), countertops (measuring 20") and one (1) front removable panel located underneath the countertop for easy access of console cavities (each panel shall have a Southco brand latch or equivalent. Each console bay shall measure 19-1/8 "wide (as per standard EIA spacing). C. Each countertop shah include an adjustable keyboard tray which adjusts up and down easily via a gear locking system. The adjustable vertical span of each keyboard shall be at least six (6") inches to accommodate the 5th percenffie female up to the 95th pereenffie male. D. There shall be a fixed end panel on the left side of bay "1" on Console "A', a ftxed end panel on the right side of bay "7" on console aB", a fixed end panel on the left side of bay "1t* on console "C' and a fixed end panel on the right side of bay "4" on Console "C", a fixed end panel on the left side of the "sintra' panel below the countertop on the right hand side of Console "B', for a total of five (fi') end panels. E. There shall be two (2) 45-degree wedges per each of the three consoles. F. There shah be three (3) clear plexiglass doors on each compartment of bay "7" on the right side of console "B'. Each door shah be easily accessible and shall be constructed of fittings and materials that are strong enough to withstand frequent operation on a daily basis. Ho There shall be a total of two (2) lift off front panels with Southco brand latch or equivalent on console "C'. (Southold Police Chief will specify console bays to be outfitted with rear panels.) Each rear panel shall have a Southco brand latch or equivalent. The Vendor shall provide space to include a pre-mounted "Little Light" (or equivalen0 adjustable desk light (pre-wired) for each console. The Vendor shah provide a total of three (3) pull out pencil drawers. Each console shall have one of these pencil drawers in the second bay to the right of center to be securely mounted underneath the countertop. The Vendor shall provide a total of.six "clip on" ergonomic wrist wrests. A wrist rest is to be clipped on to each adjustable keyboard tray. A Printer countertop with support frame shall be provided on the right hand side of console "B". The bottom right side of this counter shall have a base bay "sintra" panel installed for the enclosure of the NYSPIN Computer with slide out keyboard. A 12" deep paper shelf shah be installed below the printer countertop between bay "7" of console "B' and the NYSPIN Computer Bay. A high countertop with support frame shah be provided on the right hand side of console "B' above the Printer Countertop. The storage cabinet, unit (D) is a custom counter top with shelving above and four, 4-drawer stacks below. Each drawer shall have a Southco brand latch or equivalent. [See drawings A1 through A4 for schematic plans, elevations, sections & details.] 3.02 S_oeeifications for Fabrication and Materials: 1. Metal Fabrication 1.1 The internal framework shall consist of 3/4 inch x 1 ~1/2 inch .060 and 1-1/2 inch X 1-1/'2 inch .060 mild steel tube. 1.2 The base of the console shall consist of 1-1/2 inch X 2-1/2 inch .060 mild steel tube. 1.3 The oonve~ible caster/leveler plate shall be 3/16 inch hot rolled steel Metal Finish 2.1 The internal framework shall have a powder coated, baked on polymer finish (''black wrinkle" in texture). Wood Fabrication 3.1 Console front and rear doors shall be fabricated of 3/4 inch MDF (medium density fiberboard) covered with high pressure bonded Nevarmar ARP laminate exterior surfaces with black laminate on all interior surfaces. 3.2 3.3 3.4 3.5 3.6 3.7 Console side panels and top panels and all other side panel parts shall be 3/4 inch MDF (medium density fiberboard) covered with high pressure bonded Nevamar ARP laminate on exterior surfaces with black laminate on all interior surfaces. Console countertops shall be 314 inch Paint Grade Maple core covered with high pressure Nevamar ARP laminate on the top surface to prevent warpage. Interior surfaces shall be v-32 grade high pressure Nevamar laminate. Cleating material shall be 1-3/4 inches wide and 1-5/8 inches Poplar lumber. Kick panels below countertop shall be 1/4 inch thick Sentra material; black textured. "Southco" lever latches are specified for front and rear "lift off' doors. Wood Finishes 4.1 Bull nose edge shall be Red Oak with a 1-3/4 inch planned thickness. 4.2 All Oak hardwood surfaces shall be belt sanded with 80 grit sandpaper, followed by block sanding utilizing 120-180 grit ~andpaper. Following sanding, hardwoods shall be sealed with two clear l~zluer ~ utilizing a w~__~ soluble base lacquer. Following each application of laCzlUer, hardwoods shall be lightly sanded with steel wool to remove all grit and uneven edges. General Fabrication Requirements 5.1 Console design and proposed layout shall conform to all A.D.A. requirements and A.N.S.I. standards related to VDT and CRT usage, including wheelchair acc~sibility. 5.2 F_.aw, h base and turret component is to be comprised of modules offering 19 horizontal inches oflrack mountable interior, in accordance 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 Each console'S/base frame shall be 24" deep; ali banJO' shall be 54-1/8" in overall height (including exXerior panels) with the upper turreted section ensuring 20-5/16" in depth. All panel openings shall be 19-1/8" wide (horizontal). The sloped RU panel area of bays shall be 15 degrees from the countertop. Each console base and turret module shall have internally mounted rack rail (EIA spaced), both front and back, for utilization of mounting of sub-assemblies. End panels shall be used in assembling the console's varying heights, for cohesive finished appearance; and to allow modular expansion or revision in the field to meet future growth and development. Each console base station shall include four (4) convertible comers plates with levelers to compensate for uneven fiooring or to properly align adjoining cabinet section s as may be necessary. (Convertible comer plates must accept casters for future expansion.) Rear latched, totally removable, panels are roquired and are to be supplied. Ventilation grilles will be required in each top console bay section to assure adequate escape of heated air from the console. Red Oak bull nose trim shall be installed across the front countertop edge to absorb front edge shock and for aesthetic purposes. All comers of the front "bullnose" edging will have a 5-degree angled finish All joints of the writing surface are to be perfec~dy matched to a knife edge line. No spaces or cracks will be acceptable. No joints may be made where they will be d~Mmental to normal writing with pen and paper. Design of the console positions and writing surface support components shall permit a load weighing 300 pounds to be placed anywhere on the writing surface without damage to it. The specified load i~all not the support suucture to bend or distort, or the dispatch position to tip OVer. Customer will specify color choice of Nevamar ARP laminate for all exterior console panels, and will also specify their choice of Nevamar ARP laminates for the non-refleetive work surface. Mounting screws and washers are to be supplied for each half-panel of pro-threaded rack mountable space provided. 5.14 A solid oak~stable keyboard tray is to be center ~lnted at each console as part of the front countertop work surface. The adjustable keyboard tray must easily lift and lower with a 6" span. The keyboard tray must have a geared locking mechanism to keep the keyboard tray firmly in place once a position is chosen. Keyboard tray configuration must meet ANSI specifications for human factors (5th porcen[ile female through 95th percentile male for seated reach). 5.15 A 6 outlet (3 prong each) power strip is to be provided, and preinstalled, with each console bay. Each power strip shall be grounded, with a 15 amp circuit breaker and a 6 foot cord including grounded plug for immediate on-site connection. 6. Functional Requirements 6.1 The completed work must have the physical appearance, dimensions, and configuration as specified in the attached drawings. 7. Replacement Parts 7.1 The vendor of award for the console fumitore shall maintain a complete stock of component parts for the system, both for repair, maintenance, for future expansion for a period often (10) years from date of purchase. 7.2 Such parts shah include: all panels, turrets, writing surfaces, trim, steel frames, mounting components, finishing materials, etc. as used in the original fabrication of the units. 7.3 Support for both pans repair, and system expansion, shall be continued for a period not less than five (5) years from the date of acceptance of the system. 8. Warranty 8.1 The vendor of award for the console furniture shall provide a 10 year replacement warranty for all manufactured parts described herein. 3.03 Electronics: Vendor shall provide, Install, Calibrate & insure full operating capabilities of the following equipment: Two (2) Zetron model 4118 (or equivalen0 dispatch consoles, one (I) Zetron model 4008 (or equivalent) dispatch console, and one Zetron M4024 (or equivalent) common control equipment (CCE). The electronics will be built and configured to Southold Town specifications. The three (3) dispatch consoles will be duplicate dispatch positions. Each console will be furnished with built in paging encoders. The console will be built with auxiliary switches to operate doors and electronic locks. Also included will be foot switches and microphones. All three (3) positions will be configured for headset/call direction operation. Ooert~ng Positions 1.1 Basic Radio Functions The console positions will be configured and equipped to provide control of following communication functions: a. Police b. Police c. Fire/EMS d. Fire/EMS e. Fire/EMS f. Fire/EMS g. Police/EMS h. primary repeater tactical simplex Peconie tower site F 1,F2,F3,F4 Greenport tower site F I,F2,F3,F4 Orient tower site Fishers Island repeater multi-frequency VHF radio MarineVHF marine radio (one console position only) Scanner (one console position only) Voting primary PD repeater voting display and control Basic Operating Functions The following operator features will be required: System Control - Programmable system control keys (e.g. "Transmit", "Simul- select", "Group Select", "Alert", "All Mute", "Monitor", "Page Enter", etc.). Channel Control - A means for the operator to monitor and control status of the available channels using push buttons and LED indicators. Select and Unselect Speakers - Audio from selected channel is routed to the Select speaker. Remaining channels are summed and routed to Unselect speaker. Includes volume controls for each. Independent Channel Volume Control - Operator may independently set the volume and mute levels of each individual channel. LCD Display - Shows time, date, volume settings, paging codes, ANI codes, system status, and audio VU-like audio level indicator. PagingEncoder - Includes 16 key pad for page entry ahd DTMF dialing. The standard encoder is capable of generating Motorola Two-Tone, GE Two- Tone, and DTMF signaling formats in addition to alert and priority channel tones. The following extended paging formats will also be supported: Rotary Dial 1500 Hz_J2805 Hz, Plectron, Quick-Call 1 (2+2), and 5/6 Tone Sequential. Frequently used pages or sequences of pages may be initiated and automatically steered to the correct channel with a single conl~ol action. Pages may also be initiated by selecting the desired channel, entering appropriate paging code on the 16-key pad, and activating the "Page Send" system control key. Patching - In conjunction with the required Console Interface Card (CIC) located in the Common cona-ol Equipment, each operating position will have a built-in cross channel patch capability. This feature will allow the console operator to establish a single voice actuated )VOX) or COR activated patch between two or more radio channel, or radio channel(s) and a two-wire "POTS" telephone line (provided that the CCE is appropriately provisioned with a telephone interface). Both full and haW-duplex operation will be suppom~d. Console Intercom - Will allow an operator to call and talk to another console operator within the syatom. Only the called console is involved, other console operators are not affected. This feature also supports an intercom to the PTT hands~ interface in the M4024 "Reflected" Status - Control actions initiated from one operating position are shown on all other operating positions as well (e.g. frequency saloction, aux I/0 status, etc.) . FieM Programmability - Key function and other operational characteristics of the Series 4000 will be field programmable. This will be accomplished using the Console Programming System (CPS) software which runs on a PC compatible computer. Confignration files will have the ability to be transferred from computer to console, and also from console to computer disk for archiving. The CPS package will include a 3.5 inch diskette, programming manual, and a connecting cable to be used between the PC's RS-232 port and the programming connector on the operating position console. While each operating position features an LCD display which shows ANI codes, the CCE must have the corresponding ANI decoder board installed for the display to function in that mode. Channel Check - To provide I minute of recording time on each channel for instant review by operator utilizing additional IRR control buttons on the consoles. A dual-channel memory option providing speech delay during function tone transmission. Telephone - Provisions will be made for installation and integration of present "Motorola Centralink 911" panels and equipment to provide both E911 emergency and administrative telephone functions. Provisions will be provided for integration of all present radio tieline circuits ( Laurel tower, Peconic back-up tower, Greenport tower (2 circuits), and Orient tower (2 circuits). Future expansion capability will be provided. Multi-Frequency Rad/o - A Ericsson Orion VI-IF (or equivelent) 256 channel desk top station with four station remotable through the console electronics will be supplied and installed. Provisions for frequency and CTCSS tone programming will be provided by vendor at no additional cost. Article IV Installation specifications: 4.01 Execution: All furniture in this Project shall be installed in strict accordance with manufacturer's specifications. All console units shall be laid out in place prior to being secured to adjacent wall and floor surfaces. All units shall be laid out level, plumb, square and true, without gaps or voids between the individual units, or between units and adjacent surfaces. Properly sized mechanical fasteners suitable for supporting assemblies shah be used. Fasteners shall, in general, be concealed type. Where this is not feasible, fasteners shah match finish of adjacent surfaces. Installation of furniture shall be carried out by installers skilled in the installation of the specific products specified in this Section. Electronic equipment, both new and relocated shall be installed in strict accordance with local building codes, fire safety codes and U/L standards, as well as Manufacturer's specifications. All wiring shall be properly sized to specific load requirements. In general, all electrical work in this Section shah comply fully with requirements of New York State Codes Rules & Regulations, Title 9 Volume B, building codes as well as compliance with ASHRAE & ACCA recommendations for proper installation. All installations of electronic equipment shall be undertaken only by personnel skilled in the installation of those respective items and sub- assemblies. Upon completion of installation of aH designated equipment, the Contractor shall calibrate or otherwise adjust each piece of equipment to insure full operational capabilities within Manufacturer's standards. All equipment designated to be re-used in the new Communication Center shah be properly disconnected and de-mounted, then properly stored and protected to prevent damage. Only personnel properly trained in this type of procedure shah be employed. The Contractor shah coordinate his work with the operations of the Police Department to prevent any interruption of service whatsoever, except as specifically agreed to in advance by the Police Department. 4.02 Clean-up: Upon completion of aH work as specified herein, the Contractor shall remove aH debris, packing materinls, cuttings, waste, etc., where related to work in this project. The Contractor shah clean aH wood, metal, glazed surfaces, hardware, etc., with non-abrasive elcaning agent upon completion of aH installations. '~ ~ ~ .... 1 ' ~' II IIIII X ~NN F---~' ii iilll . . ~1 II ~ ' II II ~F--¢ ...... L---JL ..... ~ .... ~~~~ X " ~ Not to . - - SO--OLD ~ PREP~D BY: J~S A. ~CHT~R ENG~E~G DEP~T~ ~GIS~D ~C~B~ MATCH LINE ~ ~ }--~~ ', MATCH LINE ~O~OLD ~ POLICE DEP~ CO~CATIO~ ~ Not to S~le I ~, SO~O~ ~ POLICE D~ffi CO~ffiC~ON C~R Not to I 41405~RO~(N.YS~u~25)SO~O~, N,~%~k 11971 DWO.~: [ , ~ ' " I " , I~ " POLICE D~~ CO~ffiC~ON C~R Not to S~le 41405~RO~(N.~S~.~26) SOU'I'HOLD, N..~rk 11971 DEP~T~ ~GIS~D ~C~E~ , 5 Z 0 Z ][ Z 0 0 z 0 T =i I [ . Z 0 b.I Ld 0 Z 0 'R Z 0 0 PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 · 908-459-9300 Fax 908-459-9304 SCOPE OF WORK FOR THE DISPATCH CENTER: The scope of work for the dispatch center will begin with construction of the temporary dispatch center to be erected in the police lobby. We will relocate all pertinent equipment and electronics needed for daily dispatch operations. This will include electronics, radios, phones, computers, cameras and monitors, printers, alarms and intercoms. Installation of temporary video cameras and monitors to be provided on loan to view the front and rear doors as needed. We will also provide and install a small two station intercom for communications between the public and the police department officers. Dismantle, remove and dispose of all existing dispatch furniture and eleclronics. Procomm Systems, Inc. will offer Southold Police Department a trade in allowance of $1,500.00 for existing consoles and electronics. Redress and label all existing cables to remain. Re configure equipment room and install new panel on wall to mount telephone blocks and anxiliaty controls. Remove unused antenna cables and clean. up equipment room. Supply new equipment rack to house console common equipment controller and equipment. Ground new and existing radio equipment in the equipment room. Supply and install lightning protection as needed. Provide cable access through floor to new dispatch room. Seal up existing cable access ports in the center of dispatch room. Supply and install new cabling for dispatch, cameras, intercoms, telephones, alarms and electronics, etc. (see specs). We will also install new computer cable, panic alarms, printer cables and grounding as needed. Wire in electronic locks, key pads, and garage door controls. Supply and install new jail cell intercom to replace existing set up. Construction will include installation of new STS furniture two custom six bay consoles and one custom four bay console with 2-45 degree wedges each, console bases and countertops and 7/6 RU's of rack mountable openings, top vented panels, end panels, rear lift-off doors where required, three keyboard trays cut into coantertops, steel support frame and countertop returns as shown, 3/4" maple grade plywood countertop with ARP laminate, red oak bull nose ~ rear fabric panels, hardware, and six plug power supply strip per bay. Custom countertops as per drawing and one custom printer countertop with paper feeds and matching book case above (approximate size 12" x 39" x 72"). Supply three sets of three unit low voltage quartz track lighting with dimmer switches for dispatch positions. Installation of Zetron three dispatch position console electronics model number 4024/4018/4118 communication console with 4115 expansion panels and central electronics bank installed in communication equipment room. Install paging encoders, auxilimy switches to operate doors and electronic locks, foot switches and microphones. Configure console for call director/headset interface operation. We will install all new equipment into console furniture including a new five station intercom system. We will install all existing electronic equipment including computers, printers, cameras, monitors, alarms, an~l phone systems, etc. We will provide and install new Ericsson VHF Orion 256 channel desk top station with four station remotable through console electronics. Price also includes system set up, optimization, and prepaid freight. Warranty for parts and labor extended to one year also included. PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 · 908-459-9300 Fax 908-459-9304 November 8, 1999 Southold Police Department 41 450 Rt. 25 PO Box 911 Peconic, NY 11958 Dear Sir or Madam: Here is the quote you have requested on a new finished flooring system. The new finish flooring shall be a heavy duty carpet tile as manufactured by FREEWAY. Carpet Specifications: CONSTRUCTION Total Fiber Weight Total Carpet Weight Dimensions Classification Flammability Static Electricity Appearance Static Load Recovery Dynamic Load Loss Dimensional Stability Color manufactures 100% polypropylene fiber bonded structure. 35 oz. 14.6 oz. 19.75 X 19.75 (inches) Contract Use To meet or exceed the requirements of Part 772 N.Y. State C.R.R. Title 9 Executive (B) Titles will not generate a static charge above human Sensitivity level 2.Sky ~ 30% R.H.=2.0 x 10 (10) ohms, 40% R.H.=I.1 x 10 (10) ohms. Tiles will lay perfectly flat, will not expand, shrink, creep, curl, or fray when cut. >80% (after 24 hours) <20% (after 1000 impacts) <0.4% Shall be as selected by the Police depamnent from the Full range of colors. TOTAL PRICE: $2,150.00 Thank you for your interest in Procomm Systems, Inc. Should you have any questions or concerns, please feel free to call. Daniel M. Kirlin PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 · 908-459-9300 Fax 908-459-9304 November 8, 1999 Southold Police Department 41 450 Rt. 25 PO Box 911 Peconic, NY 11958 To whom it may concern: Please find the following an equipment list of parts and pieces. Two (2) C-3 1 bay, four (4) C-3 2 bay, three (3) console base units, twelve (12) console base rear panel, six (6) 45 degree wedges, six (6) 45 degree rear wedge panels. Eight (8) fabric panels, three (3) non-retractable keyboard trays, six (6) cable cups installed, one (1) 6 foot return, one (1) 8 foot return. Sixteen (16) front sintra panels with southco latched, four (4) drawer file units, one (1) storage countertop with shelving above. Please call for any additional information. Sincerely, Daniel M. Kirlin STS Consols Samples of typical designs: Our designers will assist you in choosing the right complement to make best use of your available floor space. Ergonomically correct counter heights and display slants for computer or video applications contribute to establishing the best working environment possible. So, before you make any furniture decisions, come to STS. 5290 South Main, Murray, Utah 84107 (801) '~61-4400 Fa~: (801) 261-1580 Toll Free: 800 879-1787 PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 · 908-459-9300 Fax 908-459-9304 November 8, 1999 Southold Police Department 41 450 Rt. 25 PO Box 911 Peconic, NY 11958 To whom it may concern: Please find enclosed the copies of sufficient data requested in construction specification section #1.12 responsive bid. In addition to these spec sheets, please note the following information, the shipping estimat~ is included in the different equipment pricing and reflected in the total bid amount. Estimated days required for delivery of equipment varies per supplier. The electronics generally ships quicker than the furniture. The radio equipment is some what in between. I would estimate delivery of all equipment needed to complete the project to be 8-12 weeks. Once all the equipment is in house we will begin the construction of your new dispatch center. We estimate construction completion time to be 10 days to 2 weeks in your particular application. In any case we will make the transaction as smooth as possible. Daniel M. Kirlin PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 908-459-9300 Fax 908-459-9304 November 8, 1999 Southold Police Department 41 450 Rt. 25 PO Box 911 Peconic NY 11958 Dear Sir or Madam: Daniel M. Kiflin is the owner, Vice President, and manager of Procomm Systems, Inc. and he has been for the past twelve years. Prior experience entails working as an installation manager at Motorola Bergen County Center for a total of eight years. His job them included overseeing more than twenty communication center installations of 2-10 dispatchers, and he also has extensive background experience in electronics, construction, and electric. PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 · 908-459-9300 Fax 908-459-9304 AMITTYVILLE POLICE DEPARTMENT 16 GREEN AVE. AMITTYVILLE, NY 11701 CHIEF CROMARTY (516) 264-0400 DENVILLE POLICE DEPARTMENT I ST. MARY'S PL. DENVILLE, NJ 07834 LT. C. WALSH (973) 6274900 HACKENSACK POLICE DEPARTMENT 225 STATE ST. HACKENSACK, NJ 07601 LT. LOMIA (201) 646-7755 LITTLE FERRY POLICE DEPARTMENT 215-217 LIBERTY ST. LITTLE FERRY, NJ 07643 CHIEF FLEMMING (201) 641-2770 LITTLE SILVER POLICE DEPARTMENT 480 PROSPECT AVE LITTLE SILVER, NJ 07739 CHIEF BRUNO (732) 747-5900 MOONACHIE POLICE DEPARTMENT 70 MOONACHIE RD. MOONACHIE, NJ 07074 CHIEF MCGAHN (201) 641-9100 NEW MILFORD POLICE DEPARTMENT 930 RIVER RD. NEW MILFORD, NJ 07646 SGT. GERITY (201) 261-1400 PASSAIC POLICE DEPARTMENT 330 PASSAIC ST. PASSAIC, NJ 07055 SGT. SISTO (201) 365-3900 UNION TWP. POLICE DEPARTMENT 981 CALDWELL AVE. UNION, NJ 07083 CAPT. WEISENBACKER (908) 851-5025 WARREN 911 CENTER 1024 RT. 57 WASHINGTON, NJ 07882 ED BRUDER (908) 835-2061 WASHINGTON TWP. POLICE DEPT. PO BOX 421 LONG VALLEY, NJ 07853 CAPT. ZELLMAN (908) 876-8302 WOODRIDGE POLICE DEPARTMENT 85 HUMBOLT ST. WOODRIDGE, NJ 07075 LT. BANCA (201) 939-0476 Additional references are available upon request. 10 Year Limited Warranty Skaggs Telecommunications Service Electronic Console / Workstation Furniture Skaggs Telecommtmtcat~ous Service ("STS") warrants to the original us~r that the elacmanie housing racks and consoles will I~ f~e of defects in material or workmanship for ten year~ from the date of shipment from the factory If: The allegedly defaclive component is r~rumed ~o gTS at the address I~low. Fr~lgh! mus~ be prepaid, Thc defective componen! i~as not been abused, misused or improperly maintained and/or repaired during the warranty period. The defect is not caused by water damage, flooding, fire, explosion, earthquakes, improper lnstallalion (unless installed by ST$ personnel), or shnilar phenomenon. If, after inspection, ST$ Iin~ that the component is defective as claimed, gTS will, option, repair or r~place the component, fi'ce of charge, or if a~r~¢d upon, ~fund the purchase prim in ex¢liange for the de£ective component. gTS makes no other warrenS, expressed or implied, and all implied warranties including a~y warranty of fimess for a particular purpose are limited to the duration of the warranty period s~ forth above. No STS representative or ~nploye~ is authorlz~d to make any modification or addition to this warrenW. STS's maxmlum liabiUW hereunder is limited to r. he purchase price of the product. 1N NO EVENT SI-IALL STS ]~E LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, WHETH£R ALLEGED AS A RESULT OF TORTUOUS CONDUCT OR BREACH OF WARRANTY, OF ANY NA'fl..~LE ARISING FROM ANY BREACH OF WARJLANTY OR USE OF TIlE ELECTRONIC FURNITURE OR COMPONI~NT$ TIIEt¢,EOFr Incoming and outgoing freight charges, inolud ng special packing, handling, customs and broker exp¢nees are not included in warranty coverage. .~...ka~l$ T¢leoommunlcarions Service 5290 South Main Street Murray, Utah 8410'/ Telephone: 1-800-g79-I 787 Fax: 1-801-261-1580 Console Assembly Instructions Common Congole Fasteners 1/4" Fender was{~er 1/4" Washer 1/4" Nut 2" Panl~ea¢l screw 1 1/4" Panhead ~orew 5/8" Panheed sorew 1 114" Grabber 5/18" Tek screw Rt~.ult SOllne Console assembly instructions will Insure that your =onsole wfl! be attractive and provide yea~ of serv~oe. P/ease call us at 1.~100~7tL1787 ~f you have any que~t~ona. Tools req~red for aaseng~y 7/1e Wmnc~ ~th ~ ~ a~ num~ m~ with me I~ ~o. ~e ~ are ~ I~n~e. 2. U~g t~ ~stene~ shown In ~e ~n~te ass~ly di~mm ~[t ~o ~ ~. Care ~ ~ taken ~en ~igni~ the t~ ~goe to ~vent d~ or o~. mm~ the mar d~. 9. A~h ~e ~unta~o~ eu~ a~. 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G'~' X 6L X ql Lg "u! Z~ x GZ'~ x ql 9'~ "u! G~'Z x 6L x ql OL "u! ~'t, x 6L x ql §L "u! rd. x GL x 6 (lq§!eM pue Q x M x H) dtuei Ou!leJed0 800~' lepOl/~ speoJI!ebl · ~\\\\\\\\\\\\ sJalueo ~3ue6JaLU~ I. [6:1 · slueLu]~edec] eJ!=l · s]uel8 lep~snpul · se!ueduuoo X]!I!~FI · s~ueLui]edec] eO!lOa · · speeu Jesn ~o ~]e!Je^ e ],eeuJ o] se¢],s uop,!$od ee]Ll] §u!Jn]ee~ suJels~s pe)tunJ] pue leUO!]Ue^UO9 Jot elOeUOO IOJ],uo9 o!peJ uo!]!sod-!]lnuJ 'leUUeLIO-!]lnuJ 'elqeLuuJe~6o]d ¥ uJels~[s IOJlUOO suo!l~o!unuJuJOO Three Bay -Model #6683 This classic call-taker console efficiently fits small dispatch areas. By joining several of these work stations together, multiple positions will line up ~or an efficient use of space. 1¥ further customize our consoles we offer a full complement of desktop rack enclosures and acc~essories to support electronic requirements. Three Bay Monitor Style - Model #6685 This attractive work station offers expanded countertop space for monitors and other equipment. The aesthetically pleasing acoustical fabric panels are matched with laminate countertops. Wide wedge construction takes full advantage of the console's design. Fabric~anels are available in various heights. I~ft 518 Stuyvesant Avenue P.O. Box 615 Lyndhurst, NI 07071-9836 Bid Bond Bond No. UB-1002SS8 KNOW ALL MEN BY THESE PRESENTS, that we PROCOMM SYSTEMS, INC. PO BOX 163 HOPE NJ 07844- as Principal, hereinafter called the Principal, and UNIVERSAL BONDING INSURANCE COMPANY 518 Stuyvesant Avenue. P.O. Box 615 Lyndhurst. New Jersey 07071-9836 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinaffercalled the Surety, are held and firmly bound unto SOUTHOLD TOWN POLICE DEPT. 41405 MAIN ROAD /ST. RT. ~25/ SOUTHOLD NY 11971- as Obligee, hereinafter called the Obligee, in the sum of *Five Hundred & 00/100' Dollars ($ *********'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 INSTALL ZETRON COMMUNICATIONS ELECTRONICS, SKAGGS DISPATCH FURNITURE AND INTERCOMM SYSTEM 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. Bond b-B-lO02558 has been signed, sealed and dated 11/12/1999. ~" "(Title) UNIVERSALBONDING INSURANCECOMPANY By o Attorney-i n-Fact ~ Bond #b'B~2558 (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; Universal Bonding Insurance Com~ny SURETY COMPANY · Pr~o~ml Systems, Inc. (Bidd/~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 Procc~. Systea~, Inc. the Universal Bondins Insurance Oxx~any (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: , Universal Bonding Insurance Co~pan¥ Erika Arroyo, Attorney-in-Fact Date: 11/12/99 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. ACKNOWLEDGEMENT OF SURETY State of New Jersey County of Bergen Bond Number: UB-1002558 On 11/12/1999, before mo personally camo srika Arroyo to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Universal Bonding insurance Company the corporation described in and which executed the within instrument; that she knows 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 Resolutions thereof. ANN MARIE KEANE NOTARY PUBLIC OF NEW JERSEY My commission expire~Y COMMISSION EXPIRES AUG. 2. 2000 /'~ ~(Not~ry Public I -- ~ Bond #UB-1002558 ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION STATE OF NEW JERSEY .)SS: COUNTY W~RR~N ) On the NOVEMBER day of ~;~H in the year 19 ,~9 . before me personally came ~T.~,S n. Z-~STZSTn to me known, who, being by me duly sworn, did depose and say that (s)he resides at '/ NIG}~TINGALE RD.. RT,A~a~e is the PREST~N~ of P~OCO~ SYSTEMS. ;NC. tbecorporationdescribedinandwhich executed the above instrument; and that (s)he signed her/his name thereto by order of the Board of Directors of said corporation. ~ Nota~ Public ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP STATE OF .)ss: COUNTY OF .) On the day of before me personallycame to me to be a member of the firm CHERYL D, BANGHART MOTARY PUBLIC OF N.J. MY COMMISSION EXPIR% ~ ~00' in the year 19 , /~l~ u~ to me known and known described in and who executed the foregoing instrument, and (s)he duly acknowledged to me that (s)he executed the same for and in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL STATE OF )ss: COUNTY OF ) On the day of in the year 19 , before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument and (s)he duly acknowledged that (s)he executed the same. Notary Public POWER OF ATTORNEY 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 desired. That UNIVERSAL BONDING INSURANCE COMPANY, a New Jersey corporation (sometimes referred to as the "Company"), does hereby make, constitute and appoint Michelle Nicosia, Ann Marie Keane, Erika Arroyo, John R. Lawrence and Margaret A. Nicosia in the City of LYNDHURST, State of NEW JERSEY its hme and lawful Agent and Attumey-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 bend: The acknowledgment and execution of such bond by the said Attorney-in-Fact shall be as binding upon the Company as if such bend had been executed and acknowledged by the regularly-elected officers of the Company. 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 Univarsal Bonding Insurance Company, and now in force, to-wit: (Blue shaded area above indicates authenticity) The penal amount of the bond herein described may be increased if there is attached to this Power, wrilten authority so authorizing in tbe 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 12th day of NOV., 1_999 . UNIVERSAL BONDING INSURANCE COMPANY Richard G. Adams, Presidem State of Now Jersey } County of Bergen } SS On this 22nd day of July, 1999, 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 instrument to be the voluntary act and deed of said corporation. ~tary Public My Commission Expires Aug. 25, 2001 ~ CERTIFICATE 1, 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 abevc; 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 22nd day of Jdiy, l~9. m'~l~ By: __ 'cosia, Secretary jjJJ¥'i'_'R~AL ]]O~l)l~g geS'URANCE CO, i~AN~ }'I]gA,~C1AL STATEMENT AS, OF DECEMBER 31, Equi~ srruri&s- ~n,,"c.qmcnu in whol~y-e,~-nci:l subslclia~ ASSETS and shon-4crm mv¢.t'tmenu Collawral d~pasils Contr~'~ f~n~ ~ccc~'~blc LIA}~ILITIES AND SURPLUS ...................... L~A.~L1T'~.... S_ :_ ................................................... 1J~c.~mcd i~ ¢ miums Coll~ml dcposks duc co~tnc~ms A c c n~wiJ c :q:x nscs TOTAL LIAB1L]TIXS SURPLUS: CommOn nod,, p~u value ~Z./6; I,~6~,,] 3(} $1~s~ ^uthorizcxt, issu~L ~nci OUL~mnding Add~fonal paid-in c~pita] Unassignc~ surplu~ TOTAL SURPLUS 'TOTAL L1AI~}LITIES AND SURPLUS &4,9~7,329 1,672,934 5.964,94'/ 12,625,210 787,5~6 11¢4M,946 I .b60,77 I 531,561 · 121345 627.714 39,2 ~9,09! .12.950,779 2,762.180 11,4~4~46 534~12 3.500,00~ 1.593,769 7.497.905 12,586,674 39,'~89,09! 1, Robert A Ni(osia, Ckaimtan of b~c Bo~d oJ Un}v¢,~J Bonding ln~ur~ct Comp~my, do hereby ccrtily thai thc ~box,c and Jmcgoinl s~31~'m(,nl is 2 J~d], L~lt, ~ (onect exkibil ol O~c ~seu. Ii~biliti~, c~pital stodt, and surplm of the said romps)' on tht 2 l' cb3. ol D¢(emN:L 1991i ar to,ding ~o the bes~ ol my bdormztion, knm~-Icdg~ and htlid. Robert A. Nic~sia Clnb-m. aa of thc Eoard $10.00 ~ Nonrefuncbble UPGRADE and CONSTRUCTION OF A NEW SOUTHOLD TOWN POLICE DEPARTMENT COMMUNICATIONS CENTER Bid Opening: FRIDAY. NOVEMBER 12. 1999 - 10:00 A.M. 10/28/99 1. I0/28/99 2. Eastern Long Island Electronics, Old Country Rd., Quogue, NY Attn: Jim Welker 653-6650 Procomm Systems Inc., P.O. Box 163, Hope, NJ 07844-0163 908-459-9300 Fax: 908-459-9304 Attn: Jamie Mulch 11959 e 10. PROCOMM SYSTEMS INC. Professional Communications Systems P.O. Box 163, Hope, New Jersey 07844-0163 · 908-459-9300 Fax 908-459-9304 October 25, 1999 Township of Southhold 53095 Main Road Southhold, NY 11970 Attn: Elizabeth Neville Dear Ms. Neville: Please let this letter serve as a written request for a copy of the specifications for the purchase and installation of communication consoles and electronics for the Southhold Police Department. We understand the bid opening will be November 12, 1999. Please find enclosed our check for $10.00 to cover the cost of the specifications. Please send them to either of the addresses below. Mailing address: Procomm Syst~ms, Inc. P.O. Box 163 Hope, NJ 07844-163 At~: Jnmie Mulch iShipping address: Procomm Systems, Inc. 7-B Nightingale Road i Blairstown, NJ 07825 At~: Jamie Mulch Thank you in advance for you help and cooperation. Sincerely, Jam~h ~ Bids and Quotes Manager accordance wi~ the ~rovisions of Section 103 of ~e Gener~ Municipal Law, ~at ~ b~ a~ ~t ~nd ~ for ~ all of the la~r, mate~ ~d eqMp~ for ~ ~ ~tem~m~ ~ ~ ~ ~ ~mlm~oa ~ the New Poli~ Depa~enl Co~ Cemer, ~ Ro~, fi~ons to a~d removal of thc exist- ing Communication ~nter r~ the ~sta~t~n of t~ra~ far,ties to al]ow for continued ation of the Communication ~u~g ~truct~n. ~c work w~ ~ required to ~vide complete work~n~ full functioning, proper~ ~ed ~tcm to the needs of ~e ~fi~ Department. S~c~icafi~ may ~ o~med the O~e of the Town Clerk,Town SouthoM, Town Hall, 5309~ Ro~d, Southold, New York ll~L upon a pa~ent of a $10.~ non- ~.~~ a five hundred dollars ($5~.) payable to ~c Southold Town HaB, 53095 Main Road, Southold, new York 11971 until 10~ A.M., ~May~ Novem~r ~ 1~, at which time they ~tl ~ o~ned and read aloud public. ~is invitation to bid is not an offer and shall M no way bind the Town of Southold to awed a contract · r pcdormance of the project. Shoed the Town of Southold decide to award a contract, it shall be award- ed to the lowest responsible bidder. ~e Town Board of the Town of Southold reserves the ri~lt to reject any and a~ bid~ and to retain bi~ for 45 days from the date of receipt. ~e con,actor shall not withdraw hh bid dung ~is period, and to waive any and ~1 informalities in any bid should it be deemed in the best interest of the Town of Southold W do so.. AH bi~ must be signed and sealed in envelops plainly marked "Bid on Up-Grade & Constru~ion of Sou~old To~ Po~ Depa~enl Comm~imtions Centnr", and sub- mitted to the Office of the town Clerk. ~e bid price shMl not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 26, 1999. BY O~ER OF THE TOWN BOARD OF THE TOWN OF SO~HO~ E~Z~E~ A. NEVILLE SOU~O~ TO~ CLERK 1~7-1~4 STATE OF NEW YORK) }SS: COUNTY OF SU~FOLK) ~ llCL/'x. ~. L.~i / ~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 regu- larly published in said Newspaper once each week for \ weeks successively, th~ ~L-4J'~ day comm, evcing on of ~-JDX/. 19 ~ - [I Principal Clerk Swor_q~tO befor_e_~,~ ~0~L~ bY~'~'~ - 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 of the labor, materials, and equipment for the installation of temporary facilities and upgrade and construction of the New Police Department Communication Center, Main Road, Peconic, New York 11958. The modifications to and removal of the existing Communication center will require the installation of temporary facilities to allow for continued operation of the Communication System during construction. The completed work will be required to provide a complete working, full functioning, properly balanced system to serve the needs of the Police Department. Specifications may be obtained at the Office of the Town Clerk, Town of Soutbold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $10.00 non-refundable fee, payable to the Southold Town Clerk. The sealed bids, together with a Non-Collusive Bid Certificate and bid security in the form of a certified check or bid bond in the amount of five hundred dollars ($500.) payable to the Southold Town Clerk will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 until 10:00 A.M., Friday, November 12, 1999, at which time they will be opened and read aloud in public. 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 Board of the Town of Southold reserves the right to reject any and all bids and to retain bids for u~5 days from the date of receipt. The contractor may not withdraw his bid during this period, waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Up-Grade F, Construction of Southold Town Police Department Communications Center", 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. Dated: October 26, 1999. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH E. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER q., 1999, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Data Construction Browns Letters Dodge Reports Burrelle's Information Chief of Police Conway Town Clerk Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 1st day of November 1999 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 Hallr 53095 Maln Roadr Southold~ New York. Legal Notice - Notice to Bidders aUpgrade and Construction of New Police Departemnt Communications Center - bid opening at 10:00 a.m., Friday, November 12, 1999. ~ Sworn to before me this · 1st day of November, 1999:. JOYCE M. WlLKINS I~ _RJ_ bile. State of New Yo~k · 4952246. Suffolk Counly_ Expires June 12, lg.~ 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