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HomeMy WebLinkAboutStairs & Landing @ Sound Dr ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS I~LaRRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING NEW BEACH ACCESS STAIRWAY AT SOUND DRIVE, GREENPORT Bid Opening 8/9/0l at 10:00 A.M. Fivebidswerereceived: Crowley Construction P 0 Box 618 Greenport NY 11944 $18,900.00 Cashier Check $945.00 Costello Marine Contracting Corp 423 Fifth St, P O Box 2124 Greenport NY 11944 $28,794.50 Bid Bond Gatz Landscaping 1800 Sound Ave Mattituck NY 11952 $38,300.00 Certified Check $ l 915.00 Latham Sand & Gravel, Inc. 37725 Main Rd., P O Box 608 Orient NY 11957 $38,452.50 Bid Bond Chesterfield Associates, Inc. 56 South Country Rd., P O Box 1229 Westhampton Beach, NY 11978 $38,750.00 Bid Bon FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (w~{tt6n in words) (~frXt~n 16 II'u~bers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance' of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidd -~~ ,,_ ~ --'~ ~--~-~"~ ~ Business Address: . ~ ~ Telephone Number: Date: Beach Access Stairway: D-2 ~ATE;MENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September t, 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 fo re 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 bythe bidder and affirmed bysuch bidder as tnae under the penalUes of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certlflas, and In the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best'of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of rsstricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION .esolvedthat oft he Ue (Nam~ ~f signatory) / / (Nam~ of Cc~oora~l~n) for the authorized to sign and submit th?~id or proposal of this yorpora~on following Project: Construction of a Ne/w Beach Access Stalrwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION Laws of New York, t965 Ch. 751, Sec. 103-4, as amended & effective on September 1,1965. day of /~0'57~ ,20 (~ / ~ Beach Access Stairway: E-I FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES ~ILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ,nd he further agrees that if this proposal shall be accepted by the Town and that if he hall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the .~quirements of the Town and shall fail to give the required secudty within the ten (10) days ~fter notice of the acceptance of said proposal, shall have been deposited in the mail ~ ddressed to him at the address given in the proposal, that he shall be considered to have ~ bandoned the contract and the sum represented by the certified check accompanying this roposal shall be forfeited to the Town as Liquidated damages; otherwise the certified c ~eck shall be returned to the bidder within forty-five (45) days after the date of receiving ti ~e bids. ¥/e the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by n ~utual agreement may extend this time period. $~gnature of Bidder: __ B,Jsiness Address: T;lephone Number: ~'.~1--~ 77'-//~.~ Date: ~:~ - 3 -- 0 I Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consu)tation, communication, or agreement, for the purpose of mstflcting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed ~)y the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or t6 any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the Penalties of perjury, affirms the truth thereof, such penalUes being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that 3 o~ J~r'- Co '~'l'~,,~o of the CO'~'r~C~.S ]~,4~¢.,,-,~4. ~ be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies er miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL oF THE CORPORATION) Laws of I~ew York, 1965 Ch. 75t, Sec. 103~1, &~ amended & effective on September 1, ~96§, Beach Access Stairway: E-1 COLONIAL SURETY COMPANY Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310 (Feb 1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we Costello Marine Contracting Corp, Greenport, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ......................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of a new beach access Stairway Sound Drive (aka 67 steps),Greenport, New York 11944 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of August 2001. Felicia Brobson COste~lo Marine Contractig~ Corp ~eal~: (Title) COLONIAL SURETY COMPANY (Seal) She~mu~ePirro (Attorney-in-Fact) Form C200-119 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ~ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in w~rds) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall-refuse, fail or neglect to enter into a Contract pursuant to such proposal and to. the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Telephone Number: l~l' ~J~' (~'11 Date: Beach Access Stairway: D-2 .S_TATI~MENT OF NON.COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief; (ti The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise requlrsd by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any cdmpetitor. {3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (~lame of signatory) (Na~e of~tion) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 be and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the dayof~,20..b/ . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103-d, as amended & effective on September l, 1965. Beach Acc~~gnature E-1 TO THE ORDER OF 1800 SOUNO AV~U~ P.O. 80× 45 MA'IT~TUCK, NEW YORK 11952 THE SUFFOLK COUNTY NATIONAL BANK MA~FITUCK, NEW YORK 2104 50-546/2~4 00002~04 ONE THOUSAND NINE HUNDR Southold Town Clerk P.O. Box 1179 Southold, NY 11971 ~l'O0 2 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) C~ (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant.to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the' acceptance of said proposal, shall have been deposited in the mail addressed to him atthe address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving 'the bids. We the underSigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Beach Access Stairway: D-2 ~~-~-iATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2)Unless otherwise required by law, the prices which have been quoted in this bid have not been · knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, t~ any other bidder or to any coml~etltor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that C. 'T-'~-~i- {' ~ )-~_"~'~ of the ~.~.-F~,~,~ ~"~ ,~ ~. ~ ~'~t=t ~)e/ ~'~---~C_ · be (Name of slgr~atory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 75t, Sec, 103-d, as amended & effective on September 1, 1965. Signature Beach Access Stairway: E-I COLONIAL SURETY COMPANY Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by Ti~e American Institute of Architects A.i.A. Document No A-310 (Feb. 1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we Latham Sand And Gravel Inc., Orient, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold Town Hall, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ......................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of a New Beach Access Stairway on Sound Drive (aka 67 steps), Greenport, NY 11944 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the OblJgee 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 f~rnished 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 par~ to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of August 2001. (Witness) (Witness) Taren Busick (Seal) (Title) C ONIAL SURE COMPANY (Seal) Sherryanne DePirro ( ttomey-in- ac ) Form C200-119 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) 950.oo (written in numbers) eTV And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or.neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the' acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented bythe certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving 'the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: ~ ,,~,0~"'~ ~4~,---~...~ Telephone Number: ("o ~, I f ~ D ~--5-~ 0 0 Date: ~--1 -o I Beach Access Stairway: D-2 STATEMENT OF NON.COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September l, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. Bysubmission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. 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 'C. Resolved that ~C.Jdk~l~ f3~(.[C~r~ ofthe ~-~h~J~-'~- (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-<1, as amended & effective on September 1, t965. Signature / Beach Access Stairway: E-1 AMERICAN INSTITUTE OF ARCHITECTS AIA D~cument A310 Bid Bond BOND# RNSll5120 ~ A~ ~ BX ~"m~ ~, that we CHESTERFIELD ASSOCIATES, INC. 56 S. COUNTRY RO~, WEST~PTON BEACH, NY ~,~ ~n =~ ~ ~,mm RLI INSU~CE CO~Y ONE WORLD T~E CENTER, SUITE 8023 ~ ~ ~ ~ ~ ~~~y ~z~ ~ ~ ~ of ~ ~ of ILLINOIS TO~ OF SOUTHOLD a~ Cbligee, ~ called the Obligee, in the mm~ of FIVE PERCENT OF TOTAL BID AMT .... Do]3~s ($ 5% OF BID ) b/nd ourselves, our b-{~s, executors, ~Lnistratc~s, su=cessors a~d assigns, jointly and severally, finnly by these prc=cnts. WHEREAS, the Prir~([~l has submitted & ki~ for CONSTR. OF A NEW BEACH ACCESS STAIRWAY,S, i,,o~ ~-zz ,~.,, ,~,,, and d,s~tmeio, o~ ~ot,~) SOUND DRIVE, GREENPORT day of AUGUST 2001 GAY~'CONWL~IN- CHESTERFIELD ASSOCIATES, INC. RLI INSURANCE COMPANY (surety) (Seal) (Title)~ttorney-/n-fact 'A.IA~A210 · BID I~CiqDeAIA@ · =~x~0JA~Y1970EDoT~A~2tICAN IBe,-rrru'l'l~ OF A~/~L'A~L'1~, 1735 N.Y. A~E., N.W., ~%~ttlNGl~, D.C. 20006 /AMERICANINSTITUTE OF ARCHITECTS A~A D~x:ument A310 Bid Bond BOND# RNSi15120 ~ A~L ~ ~ ~ma~ P~S, that we CHESTERFIELD ASSOCIATES, INC. 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY RLI INSU~CE COMPLY ONE WORLD T~E CENTER, SUITE 8023 ~~ ~,ly ~z~ ~ ~ ~ of ~ ~ of ILLINOIS TO~ 0F SOUTHOLD u ~bli~, h~ ~'~,11ed the ~lkJ~m, in t2m m of FIVE PERCENT OF TOTAL BID AMT .... Dollars ($ 5% OF BID ) WHEREAS, th~ Prinuipal has ~l~{tted a hid for CONSTR. OF A NEW BEACH ACCESS STAiRWA~a,~. SOUND DRIVE, GREENPORT Signed~ ="---le:l this 9TH (witn~) day of AUGUST 2001 CHESTERFIELD ASSOCIATES, INC. , / / /~(~x:~:a.~) (s,~.~) RLI INSU~NCE COMP~ ( ~t_-~-~-y ) (s,~) GAYS- CONK~IN- (Title } ~ttorney-/n- fact AIA ~ A3X0 · BID ~ · AIA @ · '~%RY 1970 ED IN~,'-'A%'I~ OF Al%C~,'A~L~I~, 1735 N.Y. AVE., N.W., H~.~A%~, D.C. 20006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Mare 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 FAX TRANSMITTAL To: From: Dated: Jossie Diaz Linda Cooper, Deputy Town Clerk August 6, 2001 Number of Pages (including cover): 2 If total transmittal is not received, please call 765-1800. COMMENTS: List of those who picked up the Bid Specs for New Beach Stairway at Sound Drive, Greenport ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR INSTALLATION OF NEW STAIRS AT 67 STEPS BID OPENING: August 9, 2001 Name Address Phone/Fax Crowley, Marine Inc. Gatz Landscaping Latham Sand & Gravel W.J. Walsh Structure Corp. 25 Wilmarth Avenue, POB 618 Greenport P.O. Box 45, Mattituck, NY 11952 PO Box 776, Orient, NY 11957 10 Verbena Ave., Floral Park 477-1772 298-8877 323-2585 (516) 437-2250 0~/06/200~ 05:16 FAX 1~00~7~$329 Brown'~/c~fD(1) ~OOl ]ossie Diaz -, " Co#$truct/o# Harket Data - 1167 f4cBride Avenue West Paterson, N3 07424 ' Phone: 800-878-8771/973-812-1900 Fax: 800-875-5329/973-812-0799 ' Emaih josepha.diaz@cmdg.com FAX TRANSHZSSZON Construction Market Data CMDGROUP Tl~nks, .~ ~ Town Clerk Company: Southold 631-765-1800 Fax:631-765-61'45 Good Morning! Would You Be So Kind & Fax Me List Of Planholders For Project: , Construction Of A New Beach Stairway At Sound Drive- Due Date 08/09/01 T Really Appreciate Your Time & Help. ELIZABETH A. NEVILLE TOWN CLERK REGISTILa. R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING NEW BEACH ACCESS STAIRWAY AT SOUND DRIVE, GREENPORT Bid Opening 8/9/01 at 10:00 A.M. Five bids were received: Crowley Construction P 0 Box 618 Greenport NY 11944 $18,900.00 Cashier Check $945.00 Costello Marine Contracting Corp 423 Fifth St, P O Box 2124 Greenport NY 11944 $28,794.5O Bid Bond Gatz Landscaping 1800 Sound Ave Mattituck NY 11952 $38,300.00 Certified Check $1915.00 Latham Sand & Gravel, Inc. 37725 Main Rd., P O Box 608 Orient NY 11957 $38,452.50 Bid Bond Chesterfield Associates, Inc. 56 South Country Rd., P O Box 1229 Westhampton Beach, NY 11978 $38,750.00 Bid Bon ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 2001 Certified Mail Return Receipt Requested Costello Marine Contracting Corp. 423 Fifth St P O Box 2124 Greenport, NY 11944 Dear Mr. Costello: The Southold Town Board, at its regular meeting of August 14, 2001, accepted the bid of Crowley Construction to furnish and construct a new beach access stairway at Sound Drive, Greenport. A certified copy of the resolution is enclosed. Also enclosed is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosure cc: Raymond Jacobs, Supt. of Hwy. J. Richter, Engineering Dept. J. McMahon, Exec. Asst ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 571 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2001: RESOLVED that the Town Board of thc Town of Southold hereby accepts the bid of Crowley Construction, P.O. Box 618, Greenport, NY 11944~ in the amount of $18,900., to supply the labor, material and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 119444, in accordance with the plans and specifications prepared by James Richter, Town Engineer. Elizabeth A. Neville Southold Town Clerk COLONIAL SURETY COMPANY Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310 (Feb. 1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we Costello Murine Contracting Corp, Greenport, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% ofamount bid ......................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of a new beach access Stairway Sound Drive (aka 67 steps),Greenport, New York 11944 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 Oblige¢ the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of August 2001. Felicia Brobson C0~o Marine Contract~a'~ Corp ' (P~nc2pal)-" (Seal) (Title) COLONIAL SURETY COMPANY (Seal) ~h~rro~ ~ (Attorney-in-Fact) Form C200-119 COLONIAL SURETY COMPANY Duncannon, Pennsylvania Administr~ttive Office: 50 Chestnut Ridge Road, Montvale, New Jersey 07645 ~R ~OF -ATTORNEY : a corporation duty Form S-100-101 (Rev 10/00) State of New Jersey County of Bergen On this 9th day of August , in the year 2001, before me Theresa Simmons, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company in named and acknowledged to me that the corporation executed it. Theresa Simmons A Hol:ary Public of New Jersey My Commission Expires August 1(~, 2005 Notary Public in an;{ for the County of Bergen State of New Jersey COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT--DECEMBER 31, 2000 ASSETS *Stocks and Bonds .................... $ 4,449,943 Cash in Office & Banks .................. 707,618 Accrued interest & Dividends ............. 63,188 Premiums & Agents Balances Receivable .... 539,114 Other Assets ......................... 974,530 Total Admitted Assets .............. 6,734,393 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $973,175 Claim Reserves .......................... 1,263,000 Other Reserves .......................... 259,813 Collateral Held ........................... 778,507 Capital Stock ............................ 1,900,000 Surplus ................................ 2,459,898 Total Liabilities & Surplus ............... 6,734,393 *Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN SS.: I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true end correct copy of the Financial Statement of said Company, as of December 31,2000. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 6th day of February, 2001. Antoinette Vuolo A Notary Public of New Jersey My Commission Expires August 16, 2005 Wayne Nunziata President Antoinette Vuolo Notary Public lan Crowley's check was given to J. McMahon to pass along to lan Crowley on 11/8/01 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOV~ING RESOLUTION NO. 571 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2001: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Crowle¥ Construction~ P.O. Box 618~ Greenport, NY 11944~ in the amount of $18~900. to supply the labor, material and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 119444, in accordance with the plans and specifications prepared by James Richter, Town Engineer. Elizabeth A. Neville Southold Town Clerk RESOLUTION AUGUST 14, 2001 V - 571 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Crowley Construction~ P.O. Box 618~ Greenport~ NY 11944~ in the amount of $18~900. to supply the labor, material and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 119444, in accordance with the plans and specifications prepared by James Richter, Town Engineer. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Crowley Construction, P.O. Box 618, Greenport, NY 11944, in the amount of $18,900., to supply the labor, materials and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 11944, in accordance with the plans and specifications prepared by James Richter, Town Engineer. Southold Town Board Meeting: August 14, 2001 If you have any questions on the above, please call Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 572 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign an agreement with Crowley Construction~ P.O. Box 618, Greenport, NY 11944 to supply the labor, materials and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 11944, in accordance with the plans and specifications prepared by James Richter, Town Engineer, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign an Agreement with Crosvley Construction, P.O. Box 618, Greenport, NY 11944 to supply the labor, materials and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 11944, in accordance with the plans and specifications prepared by James Richter, Town Engineer, subject to the approval of the Town Attorney. Southold Town Board Meeting: August 14, 2001 If you have any questions on the above, please call Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGIST~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 215 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids to install a new stairway and landing at the end of Sound Drive, Greenport, NY, in accordance with thc plans and specifications prepared by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk AGREEMENT THIS AGREEMENT made this 14th day of August 2001, 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 Crowley Construction, P.O. Box 618, Greenport, New York 11944, herein after called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a bid from the Contractor for the demolition and removal of the existing stairway and the construction of a new stairway at Sound Drive, Greenport, in accordance with the plans and specification prepared by James Richter, Southold Town Engineering Department, dated March 1, 2001, in the amount of eighteen thousand, nine hundred dollars ($18,900.) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 14th day of August 2001. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to complete the demolition and removal of the existing stairway and the construction of a new stairway at the of Sound Drive, Greenport, New York, in according to the Invitation to Bidders, dated July 13, 2001, and annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of eighteen thousand, nine hundred dollars ($18,900.). The total sum is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 3. 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 that may arise from the performance of his/her 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 thc Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Jeall/W. Cochran, Supervisor '~'~-~---'~Ian t~row~rowley~uction ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 571 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2001: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Crowley Construction, P.O. Box 618, Greenport~ NY 11944, in the amount of $18,900.~ to supply the labor, material and equipment to install a new beach assess stairway at Sound Drive, Greenport, NY 119444, in accordance with the plans and specifications prepared by James Richter, Town Engineer. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTR3~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MaMNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 572 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign an a~reement with Crowle¥ Construction~ P.O. Box 618, Greenport, NY 11944 to supply the labor, materials and equipment to install a new beach assess stairway at Sound Drive, Grecnport, NY 11944, in accordance with the plans and specifications prepared by James Richter, Town Engineer, subject to the approval of thc Town Attomey. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 2001 Crowley Construction P O Box 618 Greenport NY 11944 Dear Mr. Crowley: Congratulations. The Southold Town Board, at its regular meeting of August 14, 2001, accepted the bid of Crowley Construction to furnish and construct a new beach access stairway at Sound Drive, Greenport. A certified copy of the resolution is enclosed. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure cc: Raymond Jacobs, Supt. of Hwy. J. Richter, Engineering Dept. J. McMahon, Exec. Asst CROWLEY CONSTRU~ION INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW BEACH ACCESS STAIRWAY SOUND DRIVE (aka 67 Steps), GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Beach Access Stairway Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road,Southold,.New York 1197~, Until - 10:00 AM, 9 th , Aug~Jst _ 20 Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid dudng this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Beach Access Stairway: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. This item will be calculated by multiplying the Bidders unit price with the engineering estimates of project quantities contained in these specifications. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Beach Access Stairway: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a pedod 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 an~ technical error, to accept'any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's wdtten 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. Beach Access Stairway: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear beforethe Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Sixty (60) working days. Beach Access Stairway: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion AIA Bid Bond N.Y.S. Affirmative Action Certification General Release A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 AIA Document # A310 F - 1 through F - 1 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 H - I through H - 2 L - 1 through L - ???? M - 1 through M -8 N - 1 through N - 2 Specification & Drawings Sheet #: #1 PLAN & SECTION DETAILS #2 SITE PLAN & CROSS SECTION Beach Access Stairway C-1 ! PROPOSALFORM Telephone: ~'-~). Z/~--/77 Z.. TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 1 t, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Beach Access Stairway Sound Drive (aka 67 Steps), Greenport, New York 11944 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Beach Access Stairway: D-1 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (w~itt~n in words) ...... ' And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented bythe certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period, Signature Business Address: ¢~0 ~ Telephone Number: Date: Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to bythe bidder and affirmed bysuch bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that l'~l~ ~"~-/ of the (//~v~ ,'/~,~ be ~Nam4 ~f signatory) / ~ / (Name of Co~pae~tioh) for the following authorized to sign and submit the~id or proposal of this corporal/on Project: / Construction of a Ne~v Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statementa in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. 103-d, as amended & effective on September t, 1965. Beach Access Stairway: E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document ,4310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obi/gee, hereinafter called the Obi/gee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of projecl) NOW, THEREFORE, il the Obi/gee shall accept the bid of the P~'incipal and the Principal shall enter into a Contract with the Obi/gee 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 ot labor and material furnished in the prosecution thereof, or in the ~'ent of the failure ot the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the ObligLge the difference not Io exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Pr~nc~pal) (Seal) (Title) (Sure~y) (Seal) (Title) (Witness) AIA OOCUMENT A310 · BID BONO · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON~ O.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies t: BIDDER'S CERTIFICATION (Bidder) It intends to use the following listed construction trades in the work under the contract d~es ' ~// / A. As to those tra set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being:  ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: for (c~l~) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,201 and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Beach Access Stairway: G-1 ELIZABETH A. NEVILLE TOWN CLERK REGISTt:L~!~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 2001 Certified Mail Return Receipt Requested Costello Marine Contracting Corp. 423 Fifth St P O Box 2124 Greenport, NY 11944 Dear Mr. Costello: The Southotd Town Board, at its regular meeting of August 14, 2001, accepted the bid of Crowley Construction to furnish and construct a new beach access stairway at Sound Drive, Greenport. A certified copy of the resolution is enclosed. Also enclosed is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure cc: Raymond Jacobs, Supt. of Hwy. J. Richter, Engineering Dept. J. McMahon, Exec. Assr ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 2001 Certified Mail Return Receipt Requested Latham Sand & Gravel, Inc. 27725 Main Rd. P O Box 608 Orient NY 11957 Dear Mr. Latham: The Southold Town Board, at its regular meeting of August 14, 2001, accepted the bid of Crowley Construction to furnish and construct a new beach access stairway at Sound Drive, Greenport. A certified copy of the resolution is enclosed. Also enclosed is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosure cc: Raymond Jacobs, Supt. of Hwy. J. Richter, Engineering Dept. J. McMahon, Exec. Asst SURETY (i ~ inistrative Off, l~estnut Ridge ~tvale, NJ 076, l ~ 01~573-8788 BOND merican Institute of ~ A-310 (Feb. 195~ ' i~ , ,m h~:d,m,tFhml~, bounl i , , 1',3outhold, South I c~em~IIcr called !h~- . ;, , cs m he,rs executors at ,nmtstrato,'s. ~l~~tgns jointly and /VIII RI .Xq thcP, ncpa has subn ,tc¢ a h,d '6i~~ !III! ~ ousfenction ora New Beach Access ~,l:lil'l~;t}' Oa Sound Dri¥~ :tk:l 67 stepsL Greenpo~, NY 1944 q()v~. [llkR~F(>Rl[,il'theObligeeshail ~cccpl~ ft~ePrincipfl~dtN ~ :t d t ~ ,:*1 t mto:tC*)~tt~tctwitt qw : tHigH ~ t'h: ~ork covered by said bid, tb~i thi: ,, i : , shall be null ~d vci I ,:~ ;~ i,~ ;o ~ciB ~li1 ill full (orce and elk cl Signed aad sealed this 9th day of Atlgtls ] ~3 (Wimess) ~.~., I ,/ (Witness) I'aren Busick Latha~amt ArM Gra'~et Inc. /'"h ]' {~-- ~n c.t~.~ -~ Il i, cqJalt (Seal) C~ONIAL ~1 qlk~]~COMPANY (St:alt ' ~ ~ (Arlomey-in-Fact) She~e I ELIZABETH A, NEVILLE TOWN CLERK REGISTt~I~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 2001 Certified Mail Return Receipt Requested Gatz Landscaping 1800 Sound Ave Mattituck, NY 11952 Dear Mr. Gatz: The Southold Town Board, at its regular meeting of August 14, 2001, accepted the bid of Crowley Construction to furnish and construct a new beach access stairway at Sound Drive, Greenport. A certified copy of the resolution is enclosed. Also returned herewith is your Certified Check No. 2104 in the mount of $1915.00. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk l jo Enclosure cc: Raymond Jacobs, Supt. of Hwy. J. Richter, Engineering Dept. J. McMahon, Exec. Asst ELIZABETH A. NEVILLE TOVfN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 2001 Certified Mail Return Receipt Requested Chesterfield Associates, Inc. 56 South Country Rd. P O Box 1229 Westhampton, NY 11978 Dear Sir: The Southold Town Board, at its regular meeting of August 14, 2001, accepted the bid of Crowley Construction to furnish and construct a new beach access stairway at Sound Drive, Greenport. A certified copy of the resolution is enclosed. Also enclosed is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosure cc: Raymond Jacobs, Supt. of Hwy. J. Richter, Engineering Dept. J. McMahon, Exec. Asst AJA Dacumept A310 Bid Bond BOND# RNSll5120 ~ ~LL ~ ~ ~"~ ~, that~ CHESTERFIELD ASSOCIATES, INC. 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY ~gT~,~ ~n ,~ ~ ~,,, RLI INSU~CE COMF~ ONE WORLD T~E CENTER, SUITE 8023 (~ ~ ~ "~ ~ ~~~y ~z~ ~ ~ ~ of ~ ~ of ILLINOIS TO~ OF SOUTHOLD as C~, h~r~tnaftar ,..~.l~,,~d the Oblige, in the m of FIVE PERCENT OF TOTAL BID AMT .... DO]I-~ ($ 5% OF BID ) for the p~,=~.~ of which sum well and truly to be ~, the s.~a Princ'~pA1 ~-~y, firmy b~ th.~ ~t~. WHEREAS, the Pr.{n='~,',~l hms ~,,w,,~tted a bid for CONSTR. OF A NEW BEACH ACCESS SOUND DRIVE, GREENPORT Si~ sealed this 9TH day of AUGUST 2001 CHESTERFIELD ASSOCIATES, INC. RLI INSURANCE COMPANY (Sur. ty) (~) GAY~ CONk~IN- (Title) Att~ ~-/n- fact · JA ~ A310 "BID BOND · AIA @ · ~ 1970 ED I~T£'A~TE OF ARU~'i~'~S, 1735 N.Y. AVE., N.W., ~%~--~u~A~, D.C. 20006 J~OSTELLO MARINE CONTRACTING CORP. INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW BEACH ACCESS STAIRWAY SOUND DRIVE (aka 67 Steps), GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Beach Access Stairway Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 9th , ___Au~ 20 01. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid dudng this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: February. 27:2001 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Beach Access Stairway: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. · Each proposal must be s!gned in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a'guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. This item will be calculated by multiplying the Bidders unit pdce with the engineering estimates of project quantities contained in these specifications. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Amhitect who may issue a written instruction to all bidders. Beach Access Stairway: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and .responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, Or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Beach Access Stairway: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. h. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Sixty (60) working days. Beach Access Stairway: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion AIA Bid Bond N.Y.S. Affirmative Action Certification General Release A - 1 through A - 1 B - I through B - 3 C - 1 through C - 1 D - 1 through D- 2 E-lthmugh E-1 AIA Document # A310 F - 1 through F - 1 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 H - 1 through H - 2 L - 1 through L - ???? M - 1 through M -8 N - 1 through N - 2 Specification & Drawings Sheet #: #1 PLAN & SECTION DETAILS #2 SITE PLAN & CROSS SECTION Beach Access Stairway C-1 PROPOSALFORM Date: ~::~-' ~' -o I NAME of BIDDER: Telephone: ~- ~/'77- /I,~ TO: SOUTHOLD TOWN BOARD TOWN HALL.- 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 11, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Beach Access Stairway Sound Drive (aka 67 Steps), Greenport, New York 11944 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Beach Access Stairway: D-1 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (writtenirlwo~ds) -- ' ~----'~ ~'"~l '7~'/' "~ J (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the' acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: __ Business Address: Telephone Number: ~'.~1--~ 77-//.~.~ Date: Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perju~;, non-collusive bidding certification. A. By submission of this bid, each bidder and each pemon 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: (f) The prices in this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or i~directly, to any other bidder or t6 any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in Its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~ ou~. J~-. ~:) '~'r'~,~.Lo of the C¢:~$ ~..~¢.t~.~ ~:~T'~_17~ be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 1{)3-<f, &z amended & effective on September 1, t96§, Beach Access Stairway: E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, herein~,fter called the Principal, and that we IHere insert full name and address or legal title of Contractor) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert fuji name ancJ address or legal lille of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of lhe Pgincipal 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 faithlul performance of such Contract and for the prompt payment ot 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 Oblig~e 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 obligalion shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT AJIB · BID BOND · AIA ~ · FEBRUARY 1970 ED ,, THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D.C. 20006 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) 1. It intends to use the following listed construction trades in the work under the contract ~'l/~"~r~ (ZA ~Z.~-~oT-C~. Co~~o~S ;and, 2. A. As to those trades set fo~h in the preceding p~mgmph one hereof for ~hich it is eligible under P~ 1 of these Bid Oonditions for p~icip~tion in the M~s~u-~u~olk Ooun~ Plan It ~ill comply ~ith the s~id Oounty ~re~ ~ithin the scope of ~vemge of that Plan, those trades being: 1~ ~ ~~~ / ~&o~ ;and/or, / B. As to those trades for which it is required by these Bid Conditions to comply with Pad II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Pa~ II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ~ ~ ~o~s ;and, / 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor ce~iflcation required by these Bid Conditions. (Signature of Authodzed Ropresentafive of Bidder) Boach Accoss Stai~ay: F-~ GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (~ontra~or) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 Attest: Principal: Beach Access Stairway: G-I GATZ LANDSCAPING, INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW BEACH ACCESS STAIRWAY SOUND DRIVE (aka 67 Steps), GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for fumishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Beach Access Stairway Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southotd, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 · Main Road, Southold, .New York 11971, until 10:00 AM, 9th ,~2001 . Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: Fehruary 27_ 2001 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Beach Access Stairway: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each. proposal must be signed i.n writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. This item will be calculated by multiplying the Bidders unit price with the engineering estimates of project quantities contained in these specifications. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not · likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Beach Access Stairway: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and respopsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right io waive any technical erro'r, to accept any bid, or to ' reject any or all bids. The contract form will be the current edition of AtA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Beach Access Stairway: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before 'the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Sixty (60) working days. Beach Access Stairway: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion AIA Bid Bond N.Y.S. Affirmative Action Certification General Release A - 1 through A - 1 B - I through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 AIA Document # A310 F - 1 through F- 1 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 H - 1 through H - 2 L - 1 through L - ???? M - 1 through M -8 N - 1 through N - 2 Specification & Drawings Sheet #: #1 PLAN & SECTION DETAILS #2 SITE PLAN & CROSS SECTION Beach Access Stairway C-1 PROPOSALFORM Date: QU <ll~l.'~j ~, ~,I)H. BIDDER:NAME of TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only pemons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 11,200t, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish ail materials not provided bythe Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Beach Access Stairway Sound Drive (aka 67 Steps), Greenport, New York 11944 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Beach Access Stairway: D-1 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: And he fudher agrees that if this proposal shall be accepted by the Town and that if he shall.refuse, fail or neglect to enter into a Contract pursuant to such proposal and to. the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him atthe address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented bythe certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Business Adclr~e~ J ~"0~) .~b~ Telephone Number: Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September t, t966, every bid or proposal hereafter made to a political su bdivislon of the State of any pu blic department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each pady thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the b. idder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any cdmpefltor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) (Na~le of~J~orporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-thrae-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 75t, Sec. 103-d, as amended & effective on September 1, 1965. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description ol project) NOW, THEREFORE, il the Obligee shall accept the bid ol 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 biddin8 or Contract Documents with good and sufficient surely 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 Oblig~e 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 Jaith contract with another party to perform the Work covered by said bid, then this obiigalion shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety] (Seal) (Witness) {Title) AIA DOCUMENT A310 · BID BOND * AIA O * FEBRUARY 1970 ED * THE AMERICAN INSTITUTE OF ARCHITECFS, 1735 N.Y. AVE., N.W., WASHINGTON, O.C. 20006 1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION ~ (BiC.~er) Certifies that: It intends to use the following listed construction trades in the work under the contract in-J u ;and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ' ~ll)i4 t~ ltl- ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency pdor to the award of any subcontractor under this contract the subcontractor certification required by these Bid Con~ (Signature ~'~trrbrized Representative of Bidder) -· Beach Access Stairway: ~ F-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said ·, and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Beach Access Stairway: G-1 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the construction of a New Beach Access Stairway at Sound Drive (aka 67 steps) Greenport. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m.. A fee of $25.00 made payable to the S?thold Town Clerk will be required for a copy of the bid specifications. No refunds will be made The sealed bids, together with a Non-Collusive Bid Certificate and Bid Bond or Certified Check in the amount of 5% of the base bid, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, August 9, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and ali 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 the New Beach Access Stairway at Sound Drive, Greenport", 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: July 13, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 19, 2001, 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 James McMahon Jamie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board LATHAM SAND & GRAVF' INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW BEACH ACCESS STAIRWAY SOUND DRIVE (aka 67 Steps), GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Beach Access Stairway Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold,.New York 11971, until 10:00 AM, 9th , _~St~ 20 01 · Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project· Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Beach Access Stairway: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each pr. oposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. This item will be calculated by multiplying the Biddem unit price with the engineering estimates of project quantities contained in these specifications. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. Ail other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Beach Access Stairway: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as'practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and respons!bility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to Waive any technical error, ~o accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate pert'ormance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Beach Access Stairway: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific.time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southotd and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Sixty (60) working days. Beach Access Stairway: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion AIA Bid Bond N.Y.S. Affirmative Action Certification General Release A ~ 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E-lthrough E-1 AIA Document # A310 F - 1 through F - 1 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 H - 1 through H - 2 L - I through L - ???? M - 1 through M -8 N - 1 through N - 2 Specification & Drawings Sheet #: #1 PLAN & SECTION DETAILS #2 SITE PLAN & CROSS SECTION Beach Access Stairway C-1 PROPOSALFORM Date: BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095. MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, orthe supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 11, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to fumish all materials not provided bythe Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Beach Access Stairway Sound Drive (aka 67 Steps), Greenport, New York 11944 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will fumish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Beach Access Stairway: D-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifieS' that this bid'has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of' materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief', by any Of its employees or '~ents, to any p&rson not an employee or agent of' the bidder or its surety on any bond furnished ' herewith prior to the official opening of' the bid. (Corporate Title) (if'any) ~O~,~ ~ I ~ e ~'~r- FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in win'ds) cJ C~ ' / - (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant.to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: O, '-Bo,/. Date: Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, t966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as tree under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pHcas in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been · knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, t(~ any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~'- -'1--~-_.. ~' ~' ¥ ).-. ~-1'1~ ~..-~ of the L ~.T~,. ~',.~ ~"o, ,~ ~ ~ ~'~-,-~ ~;~, / ~ '~---.-~ c._. be (Name of slgftato~/) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (t03-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the dayof ,20o t . (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. 103-<1, as amended & effective on September 1, 1965. Beach Access Stairway: E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and C"'m J o ~-, ~ ~ ~ ~' ~.~ ¢ e~ C~ ~,~ (~ ~[ (Here insert lull name and add~'ess ~legaJ title of Surkty) / a corporation duly or§anized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddin8 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 thereo~ 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 Oblig~e 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 obligafion shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title) AIA DOCUMENT A311 · BID BOND . AIA O ,, FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTONI D.C. 20006 WARNING: Unlic~nsed p~otooopylng violates U,S. copyright laws and Is subject to legal p~secution. NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) . Certifies that: It intends to use the following listed construction trades in the work under the contract and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: .; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature o Authorized Representative of Bidder) Beach Access Stairway: F-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IH WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Beach Access Stairway: G-'I tESTERFIELD ASSOCIATES, INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW BEACH ACCESS STAIRWAY SOUND DRIVE (aka 67 Steps), GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Beach Access Stairway Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 9th , ___August_ 20 01. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Secudty in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: February. 27, 2001 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Beach Access Stairway: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. This item will be calculated by multiplying the Bidders unit price with the engineering estimates of project quantities contained in these specifications. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Beach Access Stairway: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the .bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept afiy bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Beach Access Stairway: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a broach of the agroement effected by the acceptance of the Proposal. The damages to the Town for such broach 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 heroin before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereup'on, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Sixty (60) working days. Beach Access Stairway: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion AIA Bid Bond N.Y.S. Affirmative Action Certification General Release A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 AIA Document # A310 F - 1 through F - 1 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 H - 1 through H - 2 L - 1 through L - ???? M - 1 through M -8 N - 1 through N - 2 Specification & Drawings Sheet #: #1 PLAN & SECTION DETAILS #2 SITE PLAN & CROSS SECTION Beach Access Stairway C-1 PROPOSAL FORM Date: NAME of BIDDER: Telephone: (._¢~-D ~- .%~/0o/ TO: SOUTHOLD TOWN BOARD TOWN. HALL- 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS Of THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 11, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Beach Access Stairway Sound Drive (aka 67 Steps), Greenport, New York 11944 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Beach Access Stairway: D-1 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (writt~n in wor~s) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or.neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: .~~.~'/~ ~ ~ Business Address: ~ -~ o ~_~-~-, ~ ~ ~ ~ ~o ~c~ Telephone Number: ~ ~ I ~ D- D ~-5'-I o o Date: ~- ~ -o i Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September l, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise rsqulrsd by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the troth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~l-.~'O ~(g~n ofthe C~-~*~& ~-e---~ga'~-'-~'L~:='AZ~ (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September I, t965. Beach Access Stairway: Signature E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and [Here insert lull name and address or legal lille of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for {Here insert full name~ address and description of project) NOW, THEREFORE, if the Obi{gee shall accept the bid of the Pi'{nc{pal and the Principal shall enter into a Contract with the Obi{gee in accordance with the terms ot such bid, and give such bond or bonds as may be specified in the biddin8 or Contract Documents with good and sufficient surety for the faithful performance ot such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the .event o1: the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obi{gee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT AJIB · BID BOND * AIA & · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE.~ N.W.~ WASHINGTON, O.C. 20006 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ;and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certifi ,catio~ required by these Bid Conditions. ~ "~/~f Aut~rized Representative of Bidder) Beach Access Stairway: F-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: for (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 1 and any admiflance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Beach Access Stairway: G-1 Chesterfield Assodates, Spedal Meeting of the Board of Directors December 20, 1999, 9:00 a.m. Westhampton Beach, New York 11978 Whereas the purpose of ~ls meeUng Is to reassign and reaffirm the powers granted to the four ofllcers of the CorporaUon who are also Board Members, as follows: E. Davies Allan, President Seth Nlan~ Vice President Alexander Nlan, Vice President Jeffrey E. Grebe, Secretary/'rreasumr ,lohn L. Lesser Is no longer an officer or employee and shall no longer represent the Corporation In any transaction whatsoever. Now Therefore, Be It Resolved, that each of the four officers/board members listed above acting on their own, Indlvldually~ Is authorized to execute agreements, bid documents, Instruments, cedJflca~es and obher documents as they may deem necessary or appropriate for the day-tz~day operation of the business to Include the signing of Company checks to the extent separate spedflc resolutions have been adopl~l for the Bank of New York. The President Is the only officer empowered to create Indebtedness on behalf of the Gorporabon. All the Board members being duly present muffed and appmve¢t the resolution as presented above and there being no further business to come before the Board, the President adjourned ~se_e_~fi~y E. Grube fy/Treasurer Chesterfield Associates, Inc. Equipment List Aa of 5/31/01 Classification Yca__r Make _Model VIN/Serial Crane 1964 American Truck Crane TR/C 29121 1964 Bantam TR350 1967 Bantam CR350 10913 1987 Ford Boom Truck 1FDXR82~2HVA66066 1986 P&H Omega 128 53846 1972 Bucyrus Eric Super 30 B 133651 1984 P&H Omega20 Ton 51505 1976 Eaton Yale CM40 25T1021 1979 P&H Omega40 Ton 46522 1973 Grove TPJC 18526 1953 International Crane 3417 1980 .1LO 886 0408000242 1952 GMC Boom Crane 41148465 1973 Bueyms Erie 25B 139650 Grader 1959 Caterpillar 112 3U6510 Roller 1987 Ingersoll-Rand SP5600 7808 Forklift 1988 Case 586D 9879123 1967 Anthony RT MLT667 DAAK0 167CD013 1962 Clark Ranger CR60B83~,046 l Farm Tractor ~1956 Ford l~ractor NAA34915 Rubber Tire 1988 Komatsu WA250-1L 60084 Loader 1985 Komatsu ~A450-1 10364 1979 Trojan 1700 1%1813 1996 Case 621B EE0042702 Skid Steer 198l New Holland L455 709551 Loader Bulldozer 1986 Ease ~50D 7403111 1984 Komatsu D65E 45119 Crawler 1978 Case ~50B 7078116 Loader 1986 Ease ~55D 7500359 John Deers ~44E CK444EB000369 1996 ~aterpillar ~53C 375 1981 ~as~ ~50B 3073247 Excavator 1993 Kobeleo 5K200 YN15455 1990 Caterpillar EL300B 3Fi'00113 1985 Komatsu PC220LC-3 20118 1995 Komatsu PW210-1 10088 1985 Kobclco K907C LN00391 Back]lOC 1999 Fermec l~LK860 SiVIFB44ECOV8601759 1990 Ford ~ A.-400570 ~irusher 1968 Ce, dar Rapids 2A-2A 29432-A Screener 1985 Power Screen Mark II 2715117 1995 Viper Model 120 V0108 ~late Tamper 1998 Wacker BPU3345A 1128961 ~Velder 1998 Multi-Quip MQ 300 ~1786399 Vibrohammer 1995 APE 50 940517 1989 ICE 416 180832 Power Unit 1995 APE 230 040615 Compressor 1987 IR 185WJ 160698 ATV 1999 Bi8 Boss 500 6X6 ~XAAE50A7XD073243 Chesterfield Associates, Inc. iVehicle List As of 5/31/01 Classification Year Make '- - Model VIN/Serial-- !Bucket Trucks 1977 Ford Utility F61DVY40186 !Cars 1992 Ford auras 1FACP5849NA118147 [Dump Trucks 1989 Ford F8F 1FDXK84AXKVA31459 ~ 1988 Mack RD688SX 1M2P143C5JW005651 1982 Mack RD6 1M2P139C7CA010352 1980 Mack DM685 DM685SX43978 1974 Mack D685 D685SX20570 i Fire Truck 1960 Mack C85F 1156 iFlatbed Trucks 2000 Ford F650 3FDNX6569YMA20848 ~ 1998 GMC SC3 1GDJC34R7WF019085 i 1983 GMC K35 1GDJK34W7DV524152 1983 GMC K35 1GDIK34W3DV524164 i 1981 GMC TK-6500 1GDT7D4G5BV600148 ~ 1976 Ford F37MEB27995 i 1974 Ford F75FVS85508 1972 Ford Louisville W90JVNI6858 i Guide Rail Truck 1969 Ford Fa0EJF 10889 iMilitary Trucks 1970 American 4X4 with 04J14070053610044 Auger i 1962 DIFF Dump 640184 i 1962 Intl Harvester M139 Cargo 4446 i 1961 Curtis Wright M36 52830 __ 1960 International Dump 3599 i 1956 Mack M123 1252 i 1954 Reo Tractor/Wrecker USA54K4017 i 195z Studebaker M-35 Cargo 164470 i ................................................................... 195z Dodge 3/4 Ton 19327M · }Chesterfield Associates Inc. iVehicle List ias of 5/31/01 Classification i Military Trucks Pick-Ups i Sport Utilities iTractors Make Model V1N/Serial Reo Dump 120202 Mack 2111 GMC DUKW Amphibian - 18946 Dodge 1/2 ton T214555 Intl Harvester Loadster 1600 416060H185340 GMC TK15753 1GTEK19T5XE503801 GMC 1 GTHK34ROWF002280 GMC SK3 1 GTHK34R3WF017971 Chevrolet C 1500 1GCEC 14W1TZ 128104 GMC SK2 1 GTGK24KSLE501604 Ford F35 Chevy GC 1 GMC FK Chevy K20 GMC C25 2FDHF38M4KCB29733 2GCDC14Z2J1102655 1GTEV 14K1 HF726726 1 GCGK24M9GJ109014 2GTGC24M4F 1502408 Jeep Cherokee Chevy l'ahoe Isuzu trooper 1J4FF48S 1YL 109299 1 GNEK 13R5TJ406197 JACCH58R9K8923893 Jeep Cherokee 1JCMT7846JT218094 Mack RD6 1 M2P267Y6WM037395 Mack RD688 1M2P26Y2TMO24851 Mack R7W 1M2AY 12Y 1JM003615 Ford LTL-9000 1FDYA92W7GVA15061 Peterbuilt 87446N GMC TCM664V572327 Mack R685T13219 iChesterfield Associates, Inc. iVehicle List iAs of 5/31/01 Classification iTrailers Trailers Make Model VlN/Serial Mid-Atlantic 5ANAF182XWR000878 Homemade NYA363228 Summit ISSSD283XR0008445 1UN105E24L1005968 On The Road ET6000 109FS2122L2022351 Frallboss P125TBA 1T9P2524K1118722 l'railboss P125TBA 1T9P2524K1118723 Brunco 0441H00300B 100389 Redi Flatbed 1R9F213T4J1109348 Borco 1BgLS432XHP137016 Continental Boat Trailer CTV23502178B69 rransglobal 148FS4525 GA002130 Value TX9AS4838EB001116 Trailboss 1T9FP2021F 1118039 Trailboss 1TgTP2525F 1118038 Great Dane 1 GRAA8625FB044605 Load Rite 25T--6200 1PHEBWW28E 1012002 Dorse 1DTPI 6T24EP016803 Janne 1 J9VT3629DR028005 Homemade A333904 Great Dane 1GRDM9021 CM029702 Great Dane 1 GRDM902XCM029701 TA/LO EG6M350DX Transcraft TC 16630 Budd !185344L Tonco 35DDHS879569 Stfic !230423 Hill 3281 Hill 3280 Cox 180338 Stric Miller 15723 Great Dane 54253 iChesterfield Associates, Inc. "~ ............................................................. iVehicle List 5/31/01 Classification Year Make iTrailers 1972 Floria 1972 Brown 1971 Kentucky 1968 Fmehauf 1965 Starcraft Boat' 1985 ~Calkins Boat' 1959 rrailmobile 1949 Trailmobile iUtility Service 1986 GMC iTrueks 1985 GMC C35 1984 GMC K35 1991 Chevrolet GCI iVans 19881Chevy TK 1984 Ford 35C 1972 GMC Step~ Model VlN/Serial FEC72022801 CM713055 40004 FHJ574709 9035/656864 1CXBPI613FS856645 U16309 55X12298 1 GDE5D 1 A 1 GV507052 1 GDJC34M2FV503207 1 GDJK34W7EV522063 1GAFG35K9J7128 ! 74 IFDJE37G9EHA22254 ~Van TPS4PWV553129 INVITATION TO BIDDERS: CONSTRUCTION OF A NEW ~ BEACH STAIR ~ FOR SOUND DRIVE SCTM #: 1000 - 33 - 04 - 78 GREENPORT New York, 11958 Date: July 11, 2001 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAI~ ROAD, SOUTHOLD INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW BEACH ACCESS STAIRWAY SOUND DRIVE (aka 67 Steps), GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Beach Access Stairway Project in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until. 10:00 AM, 9 th , ~ 20 01. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Secudty in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: Februnry 27:2001 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Beach Access Stairway: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. This item will be calculated by multiplying the Bidders unit price with the engineering estimates of project quantities contained in these specifications. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work orthe cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Beach Access Stairway: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency a.nd responsibility of the bidd. er and his sub-contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. Beach Access Stairway: B-2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his contrei, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than Sixty (60) working days. Beach Access Stairway: B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion AIA Bid Bond N.Y.S. Affirmative Action Certification General Release A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 AIA Document # A310 F - 1 through F- 1 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause AIA Document # A201 H - 1 through H - 2 L - 1 through L - ???? M - 1 through M -8 N - 1 through N - 2 Specification & Drawings Sheet #: #1 PLAN & SECTION DETAILS #2 SITE PLAN & CROSS SECTION Beach Access Stairway C-1 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HA~_L - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July '11,200t, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Construction of a New Beach Access Stairway Sound Drive (aka 67 Steps), Greenport, New York 11944 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Beach Access Stairway: D-1 FURNISH AND CONSTRUCT A NEW BEACH ACCESS STAIRWAY FOR SOUND DRIVE ROAD END AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in woeds) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the' acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: Beach Access Stairway: D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section t 03-d General Municipal Law, effective September t, t966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be Performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as tree under the Penalties of Perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each Person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at indePendently without collusion, consultation, communication, or agreement, for the purpose of restricting comPetition, as to any matter relating to such prices with any other bidder or any comPetitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder 6r to any comPetitor. (3) No attempt has been made or will be made by the bidder to induce any other pbrson, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained in this certification, and under the Penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the Person signing in its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a New Beach Access Stairwy Sound Drive (aka 67 Steps), Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20__ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature Beach Access Stairway: E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and (Here insert ful( name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here inser~ full name, address and description of proiect) 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 ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig~e 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 8ood 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 effecL Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A310 · BID BOND · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (tO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies thai: . (Bidder) It intends to use the following listed construction trades in the work under the contract ;and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minodty man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Beach Access Stairway: F-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Beach Access Stairway: G-1 HE AMERICAN I I T U T E 0 F H I T E C T S AIA Document A201 General Conditions of the Contract ,for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS ~IODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, I966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject tO legal prosecutions. 1CAUTION: You should use an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DO~ A201 · GENERAL CONDITIONS OF THE CONTP~CT FOR CONSTRUCTION * FOURTEENTH EDITION AL4.e · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sub~ect to legal pro~-%-uflon. A201-1987 I INDEX Acc~nce of Nonconformblg Wock ......... 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 Acc~4) to Wol~k ........................... $.16,6.2.1,12.1 Accident Prevention ..............................4.2.3, 10 Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Clalm~ for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF ?HE GONTRAGT ....... 3.3.3,4,9.4,9.5 Advertisement or lnvit~tion to Bid ............. . ......... l.l.l Aesthetic Effect ............................... 4.2.13,'4.5.1 Aliowance~ ........................................ 3.3 All-risk Insurance ................................. 11.3.1.1 Ap~#caOol~forPllym[~ .. 4.2.5,7.3.7,9.2,6.3,9.4,9.5.1,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Arbitration ..................... 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Architect .......................................... 4.1 Architect, Definition o f ............................... 4.1.1 Architect, Extent of Authority ........ 2.4, 3.12.6, 4.2~ 4.3.2, 4.3.6, Architect, Limitations o f Authority and Responsibility . 3.3.3,3.12.8, Architect's Additional Services and Expenses .......... 2.4,9.8.2, Archilet~'s Administrator of the Contract .......... 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvais 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect'sAuthority to Reject Work .... 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect% Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's Interpretations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Cont factor ....... 1.1.2,3.2.1,3.2.2, Architect's Relationship wit h Subcont factors .... 1.1.2,4.2.3,4.2.4, Architect's Represent ations ................. 9.4.2,9.5.1,9.10.I Architect's Sit e Visits ........ 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Asbestos .......................................... 10.1 Attorneys' Fees ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Po~llons of the Work .............................. 5.2 Bask:Definitions .................................... 1.1 Boger and Manhinery Insurance ..................... 11.3.2 Bonds, Performance and Payment ..... 7.3.6.4,9.10.3, 11.3.9, ll.4 Building Permit .................................... 3.7.1 Capltall~tion ....................................... 1.4 Certificate o f Substantial Completion .................... 9.8.2 Cerbflcatns for P~yment ....... 4.2.5, 4.2.9, 9.3.3, 9,4, 9.5, 9.6.1, Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.3.2,9.10.2,11.1.3 Change Orders, Defnition of .......................... 7.2.1 Change~ ........................................... 7.1 CHANQES IN THE WORK .'... 3.11,4.2.8,7,8.3.1,9.3A.1,]0.1.3' Claims and Dlsputns ................ 4.3,4.4,4.5,6.2.5,8.3.2, Claims and Timely Assertion of Clalrns ................ 4.5.6 Claims for Additional Cost ........ 4.3.6,4.$.7, 4.3.9,6.1.1, 10.3 Claims fro' Additional Time ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for Co~canled o~ Unknown Com]lt~ons ........... 4.$.6 Claims Subject to Arbit ration ................. 4.3.2,4.4.4,4.5.1 CleaRing Up ................................... $.15,6.3 Comntencement of Statutory Limitation period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, Commencement o f the Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to ....... 3.11,3.15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND .........................g Completion, Substantial ......... 4.2.9, 4.3.5.2, 8.1.1,8.1.3, 8.2.3, Concealed or Unknown Conditions ..................... 4.3.6 Consent, Written .................. 1.3.1,3.12.8,3.14.2,4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Const ~uc{Jon Ch~c~c Directive, Definition of .............. 7.3.1 Construefion Change DirecttYes .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Construction Schedules, Cont factor's ............... 3.10,6.1.3 Contingent Aa$ignmant of Subco~tracta ................ 5.4 Continuing Contract Per[ormanc® .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.].1, 14 Cont tact Administration ..................... 3.3.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, Cofltract Documents, The ....................... 1.1, 1.2,7 Contract Documents, Copies Furnished and Use of... 1.3,2.2.5,5.3 Contract Documents, Definition o f ..................... 1.1.1 Cont tact Per formance During Arbitration ............ 4.3.4,4.5.3 Contract Sum ................... 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Contraci Sum, Definition o f ............................ 9.1 Contract Time, Definition o f .......................... 8.1.1 2 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 TH E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying v~olates U.S. copyright laws and Is sub}ect to legal prosecution. Contractor, Definition of ........... , .............. 3.1, 6.1.2 Co~tractor'a Construction Schedules ............. 3.10,6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, Contractor's L ~bRa_ Sty Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2~4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4,3.3.2, Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3.2,3.18,4.2.3,10 Contractor's Review o f Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Cont factor's Submittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Superviflon and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Coordination and Correlation ............... 1.2.2,1.2.4,3.3.1, Copies Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1,9.8.2, Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, Culling and Palchlng ........................... 3.14, 6.2.6 Damage to Construction o f Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for . . 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Damages for Delay .................... 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date o f Substantial Completion, DeFinition o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, Decisions to Wlthhotd CerdflcaOon .......... 0.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3,2.4,3.5.!,4.2.1, Defective Work, Definition of ......................... 3.5.1 Deta¥a and Ext®nslon$ of ?lma .......... 4.3.1,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documents and Samples at the Site ...................... 3.11 Drawings, Definition of .............................. 1.1.5 Drawings and Specifications, Use and Ownership o f ..... 1.1.1, 1.3, Duty to Review Contract Documents and Field Conditions ..... 3.2 Effective Date o f Insurance ...................... 8.2.2, 11.1.2 Ei11egg~lcles ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.& 1,3.9, 3.18. I, Equipment, Labor, Materials and .......... 1.1.3, 1.1.6,3.4,3.5.1, Execution and Progress of the Work ....... 1.1.3, 1.2.3,3.2,3.4.1, Execution, CoemPtion and Intent of the Contract Documents .......................... 1.2,3.7.1 Extensions of Time .............. 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 Failure of Paymem by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1,4.2.9,4.3.2, Financial Art angements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ 10.1, IO.2.4 Identification of Contract Documents ................... 1.2.1 Identification o f Subcont factors and Suppliers ............. 5.2.1 Irdomm0on and Sewlces Required of the Owner ..... 2.1.2,2.2, Inj~/or Damage to person or Property ................ 4.3.9 Inspections ......................... 3.3.3.3.3.4,3.7.114.2.2, Instructions to Bidders ............................... 1.1.1 Insurence, Bo0er and Machinery .................... 11.3.2 Inaurence, Contrector'a Liability ...................... 11.1 htsuraflce, E ffectlve Date of ..................... 8.2.2, 11.].2 Insurence, Lo~s of Use ............................. 11.3.3 Inl~rence, Owne¢$/labt~y .......................... 11.2 In~urence, Pnape~'y ........................... 10.2.5,11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1.4 INSURANO~ AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1, 11.3.11 Insurance Companies, Set tlement with ................. 11.3.10 Intent of the Contract Documents ............... 1.2.3, 3.12.4, Inta~t ........................................... 13.5 Interpretations, Written .................. 4.2.11,4.2.12,4.3.7 Joinder and Consolidation o f Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5. I, 4.5.4. i, 4.5.7 Labor and Matertals, Equipment .... 1.1.3, 1.1.6, 3.4, 3.5.1,3.8.2, Labor Disputes ..................................... 8.3.1 Limitation on Consolidation or Jolnder ................ 4.5.5 Limitations, Statutes of .................. 4.5.4.2, 12.2.6, 13.7 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIAe · ~1987THEAMERICANlNST[TUTEOFARCHITECTS, 1735NEWYORKAVENUE. N.W,WASH[NGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Limit ations o f Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, Lse~ of Use Insurance .............................11.3.3 Material Suppliers .............. 1.3.1,3.12. l, 4.2.4, 4.2,6, 5.2.1, Materials, Hazardous ........................... 10.1, 10.2.4 Mat eriaJs, LaDor, Equipment and ..... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences and Procedures of Const roc0on .......... 3.3.1,4,2.3,4.2.7,9.4.2 Minor Chan9e~ in the Wock .......... 1.1.1,4.2.8,4,3.7,7.1,7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, D~flnition of ........................... t. 1.1 Mutual Rseponelbillty ................................ 6.2 Nonconforming Wo~, Acceptance of ................. 12.3 I-/onconforming Work, Rejection and Correction of ........ 2.3.1, Notice ............. 2.3, 2.4, 3.2.1,3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, Notice, Wfiltan ............... 2.3, 2,4, 3,9, 3,12.8, 3.12.9, 4.3, Notice of Testing and Inspections ................ 13.5.1,13.5.2 Notice to Proceed ...................................8.2.2 Notlcas, Permits, Fses and ...... 2.2.3,3.7,3.13,7,3.6.4, 10.22 Observations, Architect's On-Site ................. 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2.2, 3,2.2 Occupancy ......................... 9.6.6,9.8.1,9.9, 11,3.11 On-Site Inspections by the Architect .......... 4.2,2,4.2.9,4.3.6, On-Ske Observations by the Architect ......... 4.2.2,4.2,5,4.3.6, Orders, Written ............ 2.3, 3.9, 4,3.7, 7, 8.2.2, 11,3.9, 12.1, OWNER ............................................. 2 Owner, Definition of ................................. 2.1 Owner, Infommtlon and Servlce~ Required of t~e ........ 2.].2, Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5,2.1,5.2.4,5.4.1, Owner's Financial Capability ................... 2.2.1,14,1.1.5 Ownees Liability Insuranca .......................... 11.2 Owner's Loss Of Use lnsucance ........................ l 1.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's Right 1o Clean Up ............................ 6.3 Owner's Right to Perform Con~tmctlon end to Award 8epamta ~ontra¢~ ......................... 6.1 Ownee$ Right to Stop the Work ................... 2.3,4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownemhlp end Use of Architecra Drawings, Specifications and Other Documents ................ Partial Occupancy or Use ................. 9.6.6,9.9, 11.3.11 Patching, Cutting and .......................... 3.14,6.2.6 Patents, Royaltlse and .............................. 3.17 Payment, Applications for ................ 4.2.5,9.2,9.3,9.4, 9.5.1,-9.8.3, 9,10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Ce~lllt~te~ for ...........4.2,5,4,2.9,9.3.3,3.4,9,5, 9,6,1, 9.6.6, 9.7.1, 9.8,3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14,2.4 Payment, Failure of .......................... 4,3.7,9.5.1.3, 9.7, 9,10.2, t4.1,1.3, 14.2,1.2 Payment, Final ............ 4.2.1,4.2.9, 4,3,2, 4,3.5, 9.10, 11.1.2, 11,1,3, II.3.5, 12.3.1 Payment Eond, Performaflce BORd and .............. 7.3.6.4, 9.10.3, 11,3.9, 11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13,6, 14.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2,9.5,1.3, 9.6.2, 9.6.3, 9,6.4, 11,3,8, 14.2.1.2 PCB .............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3.9, 11,4 Permlta, Fees and No0cse ....... 2.2.3,3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS ANO PROPERTY, PROTECTION OF ............ 10 Polychlorinatcd Biphcn71 ............................. 10.1 product Data, Definition o f ........................... 3.I2.2 Product Data end Samplse, Shop Drawings .... 3.11,3.12, 4.2.7 Progrses and Completion ................... 4.2.2,4.3.4,8.2 Progress payments ............................ 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Prolt~t, Defini0on of the ............................. 1.1.4 Pro~ect Man~al, DefinRion of the ...................... 1.1.7 Project Manuals ................................... 2.2,5 Project Representatives ............................. 4.2.10 Property Insurance ........................... I 0.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3,7, 3.13, 4.1.1,4,5,5, 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13,6, 14 Re)ec0on of Work ......................... 3.5.1,4.2.6, 12,2 Releases o f Waivers and Liens ........................ 9.10.2 Representations ......................... 1.2,2,3.5.1,3.12.7, 6.2,2, 8.2.1, 9.3.3, 9,4.2, 9.5,1, 9.8.2, 9.10.1 Representatives. .......................... 2.1.1,3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4,4.5 Responsibility for Those Performing the Work ........... 3.3,2. 4.2.3, 6.1,3, 6.2, 10 Retainage ............... 9.3.1,9,6,2, 9.8.3, 9.9.1,9.10.~, 9.10.3 Review of Contract Documents end Field Conditions by Contractor ............ 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1,3.10.2,3.11,3,12, 4.2.7, 4,2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Cont factor ........................ 3.I2.5 Rights and Remedies ............. 1.1.2, 2.3, 2.4, 3.5.1,3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royaltlse and Patsnts ............................... 3.17 4 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©lg87THEAMERlCANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.,WASH[NGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, Rules and No#ces for A¢oltratlon ..................... 4.5.2 Safety of per~ons and Property ....................... 10.2 Safety preca~tions and Prograres ........... 4.2.3,4.2.7,10.1 Samples, Definition o f .............................. 3.12.3 Sam~,$hopDrawin~,produetD~taand ... 3.11,3.12,4,2.7 Samples at the Site, Documents and ................... 3.11 Schedule of Val~e~ ............................. 9.2,9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4,2,4, 4,5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, I)et'Lni0on o f ......................... 3.12.1 Shop Drawings, product Da~a and Samples .... 3.11,3.12, 4.2.7 S#e, Ues of ........... ' ................... 3.13, 6.1.],6.Z1 ' Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10. l, 13.5 Site visit s, Architect's ................. 4,2.2,4.2.5,4.2.9,4.3.6, 9,4.2, 9.5.1, 9.8.2, 9.9.2, 9.10:1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 $l~<~lc~tlo{~, Definition o f t he ....................... 1.1.0 Specifications, The .......... 1.1.1,1.1.0, 1.1.7, 1.2.4, 1.3,3.11 Statutes of Lim0ations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materials ........... 6.2.1,9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Defini0on o f ........................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4,2.3, 5.3, 5.4 $ ubco¢~t factual Flalatlorm ..............9.3, 5.4,9.3.1.2,9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11,3.12, 4.2.7, 5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10,1.2, 11.1.3 Subrogation, W~vee~ of ................. 6.1.1, 11.3.5,11.3.7 Sul~tenltal ComDlelion ............. 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3,0.9, 9,9,1, 12,2.1, 12.2,2, 13.7 Substantial Completion, De£mition o f .................... 9.8.1 Substitution o f Subcontractors .................... 5.2,3~ 5.2.4 Substitution of the Architect ........................... 4.1.3 Substitutions o f Materials ............................. 3.5.1 Sub-subcontractor, Definition o f ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Aeslges ........................... 13.2 Superintendent ............................... 3.9, 10.2.6 Supervtskm and Con~trucgon Procedures ...... 1.2.4,3.3,3.4, 4.2.3, 4.3,4, 6.1.3, 6.2.4.7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety ............... 4.4.1,4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... 9.9.1,9.10.2,9.10.3 Surveys ..................................... 2.2.2,3.18.3 Suspension by the Owesr fo~ Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.l.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ..................................... 3.6, 7.3.6.4 Termination by the Contractoe ....................... 14.1 Termination by the Ovmer for Caues ............. 5.4.1.1,14.2 Termination of the Architect .......................... 4.1.3 Terminatiotl of the Contractor ........................ 14.2.2 TERMINATION OR SUSP~RSION OF THE CoN"rRACT ...... 14 Teste Ired Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIMle ............................................... 9 Time, De~ys and Extensions of .............. 4.3.8, 7.2. l, 8.3 Time uml~ on Claims ......... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................. 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Won~ ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, Unit ?rices .................................. 7.1.4,7:3.3.2 Values, Schedule of ............................ 9.2,9.3.1 WMver of Claims: Flrml Payment ........... 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect ...................... 13.4.2 Waiver of Claims by the Contractor ......... 9.10.4, 11.3.7, 13,4.2 Waiver of Claims by the Owner .............. 4.3.5,4.5.1,9.9.3, Waiver of Liens ................................... 9.10.2 Waivers of Subrogation ................... 6.1.1.11.3.5, 11.3.7 War~ltlty and Wart;reties ......................... 3.$, 4.2.9, Weather Delays ................................... 4.3.8.2 When ArbltraUon May Be Demaflded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, Written Interpretations ................... 4.2.11,4.2.12,4.3.7 Wfltten I~lollce ........... 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, AIA IX)6~NW='4T A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal i:masecuUon. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DERNITIOflS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents conMst of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution o1~ the Contract. A Modifi- cation is (1) a written amendmefft to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements), 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entiried to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part a]ld which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams, 1.1,6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services, 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CO~ELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not g~,n all the Contract Documents, the Architect shall identify 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.~, Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AHD USE OF ARCHITECT'S DRAWINGS. SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. Ali copies of them, except the Contractor's record set, shah be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, SpeCifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 A[A DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, n.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal p~osecuflon. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPtTALi7.ATION 1,4,1 Terms capitalized in these General Conditions include those which are (1) specifically deemed, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara~ graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1,5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, ;the prospective contractor would not be required to execute the Agreement or to commence the Work.[ 2.2,2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article l t (Insurance and Bonds). 2,3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Co~tractor fails to correct Work v~hicfi is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DERNITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AlS, DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20OO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 3.2 REVIEW OF ~ONTRACT DOCUMENTS AND FIEt. D CONDfrlON~ BY CONTRACTO~ 3.2.1 The Contractor shall carefufiy study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3,2.2 The Contractor shall take field measurements and verify field conditions a~d shall carefully compare such 'field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistemStes or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form ~he Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor, 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise pFovided Jn the Contract Documents, thc Contractor shall provide and pay for labor, material.s, equip- mcnt, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unlit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall fiJrnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor- shall pay sales, consumer, use and similar taxes for the Work or l~ortions thereof provided by the'Cob- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances; building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at varmnce therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and mles and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs, 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection, 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AIA DOCUMENT A201 * GENEP~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ©1987THEAMERICANlNSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocoflylng violates U.S. copyright laws and Is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 wbenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2,2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communicatiops shall be confirmed in. writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRtlCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and A~chitect's information a Contractor's constroction schedule for the Work. The schedule shall not exceed time limits current under the Contract Docoments, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare snd keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AHD SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, th good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals, These shall be avMlable to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- forumnce charts, instructions, brochures, diagran~s and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work, 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged, 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7, 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able prompmess and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3k12.? By approving and'submitting Shop Drawings, Product' Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or wil] do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof, 3.12.0 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fulIy or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE. NW.,WASHINGTON, D.C 20006 WARNING: Unlicense~ photocopying violates tJ.$. copyright laws and is subject to legal prosect~tion. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 Ct. EANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall lSrovide the.Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3. ] 8 shall not extend to the liability of the Architect, the Archi tect's consultants, and agents and employees of any of them arising out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- fified 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 represenLative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4,2 ARCHITECT'S ADMJNISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA ~OCOMENT A201 * GENERAL CONDITIONS OF TIlE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 TH E AM ERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W. WASHINGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communlcatlom~ Fecllltattng Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nicalions 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.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect wilI review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.$ The Architect will have authority m reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary dr advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimenfftons and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as mqnlmd by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.3 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concem- lng performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- dish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the forn; of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4, A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4,4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien, 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim h~ been implemented by Change Order will not be considered unless submitted in a timely manner. AIA IX}COMt:lfl' A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEW YORKAVENUE, NW.,WASHINGTON, D.C WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 4.3.4 ~ontinul~ ~:mlr~t Psr[om~m¢~. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claim: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 tera~ of special warranties required by the Contract Documents. 4.3.6 C~lm$ for Co~lad or Ui1R~:l~n Coflditiorl$. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ mated- ally from those indicated in the Contract Documents or (2)' unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if thcy differ materially and cause an increase or decrease in the Contractorls cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. lfthe Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, staring the reasons. Claims by either party in opposition to such determinarion must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- ruination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Co~t. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fauIt, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is nece.~ary. 4.3,6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled constr~crion. 4.3.9 Injury or Damage to Pemon or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be fried as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOt.UTION OF Ct. AIMS AND D~aUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary acriohs within ten days of receipt ora Claim: (1) request additional supporting data from the claimant, (Z) suhmit a schedule to the panics indicating when the Archi- tect expects to take acrion, (3) reject the Claim in whole or in part, stating reasons for reiection, (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 thc 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 Clahn 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 hy the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 Ifa Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the CLaim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE C(3'NTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.,WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for AFoltration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Amecican Arbitration Association cur- rently In effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be Fried in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be Fried with the Architect. 4.5.a Contract Performance During Aeomatlon. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Afoitra6on May Be D~mmnded. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a Final written der- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given'reasonable opportunity to do so, if the Architect has not rendered a Final written decision by that date, or (3) any of the five events desedbed in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming faral 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 sh~ not supersede arbitration pro* ceedings unless the decision is acceptable to all parties conccrned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Llml~tion on Conso6d~tlon or Jofnder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. NO person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof, 4.5.6 Claims and Timely A~erlion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereo£ ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A. Subcontractor is a person or entity~who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site, The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- tic'able after award of the Contract, shall famish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to famish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the COD- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such'proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITtON AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W,WASHINGTON, D.C. 20006 A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 6,3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor' shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-sobcontractors. 5.4 CO~rlt~IGENT ASBIGK~IF-I~' OF SUr~CONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the tight to perform construction or operations related to the Proiect with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Proiect or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results~ Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub* ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUMENT A2.01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICAN[NSTITUTEOFARCnITECTS, 1735NEWYORKAVENUE, N.W,WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. · 7.1.3 Changes in the Work shall be performed under appli- cable provisions of tl~e Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work, 7.1,4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- stmction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 COHSTRUCTION CHAHGE D~RECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adinsted accordingly, 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order, 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. ?.3.S A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.9 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustmer~t shall be de(ermined by the Archi- ' tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemploymem insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or .3 rental costs of machineD' 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 related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final detem~ination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA [X)C~MENT A201 · GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THEAMERICAN[NSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry- out such written orders promptly. ARTICLE 8 TIME 8.1 DERNmONS 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 dhte of commencement of the Work is the date established in the Agreement. The date shalI not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically deFmed. 8.2 PROGRESS ANO COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. g.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.$ The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 3.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended By Change Order for such reasonable time as the Architect may determine. g.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. g.3.:$ This Paragraph 8.3 does not preclude recovery of danl- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. . 9.3 APPLICATIONS FOR PAYMEHT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents, 9.:$.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.$.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because ora dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing, Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.:$.:$ The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persoos or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©1987 THEAMERICAN[NSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE, N.W.,WASHlNGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws arm is subject to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.~..2 The issuance of a Certificate for Payment will constitute a representation by the Architect to th$ Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to mioor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a relSresentation that the Contractor is entitled to paymen{ io the amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 D~CISIONS TO WITHHOLD C~RTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made, If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided io Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner, The Archi- tect may also decide not to certify payment or, becanse of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .9 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; ,6 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld, 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of soch Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.9 The Architect will; on request, furnish to a Subcontrac- tor, ff practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law, 9.6.9 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. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETIOH 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- dently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended 9.6.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the A~chitect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AI~ DO~UMEI~r ~.01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 17 hated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract l~cuments, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate· Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- · . tion. The Certificate of SubstantLal. Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.0.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 0.9 PARTIAL OCCUPANCY OR ~ 9.9.1 The Owner may occupy or use any completed or par- tiafiy completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work· Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insnr- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor eonsiders a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract DOcuments. 9,10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu~ merits and that the entire balance found to be due the Contrac- tor and noted in said fatal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been ftdfified. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amour~ts 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 £mal payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner· Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a b~nd satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor sha]l refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees· 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5· 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4·3.5. 18 A201-1987 AIA DOCUMENT A20t * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDIT1ON AIA® · ©I987THEAMERICAN[NSTITUTEOFARCHITECTS. 17~5NEW YORKAVENUE. NW..WASHINGTON, D C. 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the asea affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- hated biphenyl (PCB), or when it.has bee. n rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4, 10,1.3 The Contractor shall not be required pursuant to A~icle 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the f'dllest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsell) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder, Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or rephcement ri the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, rea.son- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10,2,1.2 and 10.2.1.3 caused in ~vhole Or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2,1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIF-S 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S MABIMTY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 · GENEP~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 TH E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASH INGTON, D.C 20006 A201-1987 19 WARNING: Unlicensed photocopying violates U.S. cofiyHght laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, OCCupa- tional sickness or disease, or death of the Contractor's employees; .8 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; ? claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop~ erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims ipvolving contractual liability insurance appli- cable to the Contractor's obligations under P~ragraph 3.18. 11.1.2 The insurance required by Subparagraph 1 1.1. l shall be written for not less than limits of liability specified in the Con- tract 1)ocuments or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- rained after final payment. 11.1.8 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subpara~raph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable prommess in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2,1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.1 0 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 1 1.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-dsk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractoe in writing prior to commencement, of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.8 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.51.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit.: 1'1.$.~' Boiler ,,nd Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.a.a Loss o! Use InsurarlCe. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.8.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shalI be charged to the Contractor by appropriate Change Order. 20 A201-1987 AIA DOG~MENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C 20OO6 WARNIHG: Unlicensed photccopying violates U.S. copyright laws and is subject to legal prosecution. 11,3,$ If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop~ erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy ~fll 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 (l) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11,3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- garion by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as liduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pr(> reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If a~ter such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AHD PAYMEHT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made, ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA [X)OJMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA= * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEW¥ORKAVENUE, NVO.,WASHINGTON, D.C. 20006 A201-1987 21 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sub~ect Ix) legal prosecution. for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work f~rst performed after Substantial Completion by the period of time between Substan- tial Completion and the actdal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.9.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of thc Contract Documents and are neid~er corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Para_graph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fLxed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS ANO ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- dve. s to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for al!. obligations under the Contract. 13.3 WR~i ir.N NGTICI" 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RK~-n's 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 wdting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required.by the Contract Documents or by laws, ordi nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear ail related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® · ©1987THEAMERICANINSTlTUTEOFARCHlTECTS. 1735NEWYORKAYENUE. NW.WASH[NGTON. D C. 20006 WARNING: Unlicellsed photocopyl~lg violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.;;.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements establLshed by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing.' 13.5,6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6,1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevafiing from time to time at the place where the Project is located. 13.7 COMMENT OF STATUTORY LIMITATION PERIOD 13.7.1 AS between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged came of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- Date for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the f'mal Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and ail events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Wod( under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act ofgovernment, such as a declaration of national emergency, making material unavailable; .3 became the Architect has not issued a Certificate for Paymqnt and has not notified the Contractor of the reason for wiihholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptior~s by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus AIA DOCUMENT ~201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION ArA® * ©I987THEAMERICANINSTITUTEOFARCI~I[TECTS, 1735NEWYORKAVENUE. N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior fights of the surety: ,1 take possession of the sRe and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .~) accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 Fmish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is f'mished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of f'mishing the Work~ including compensation for the Ax~:hi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR COHYENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision 'of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fLxed or percentage fee. 24 A201-1987 ~ [XN~t~ff..[~ A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE) N.W., WASH INGTON, D.C. 20006 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change. ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Beach Access Stairway: H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). 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: Beach Access Stairway: H-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Construction of a New Beach Access Stairway ~ Sound Drive Aka "67 Steps" Sound Drive GREENPORT New York 11944 Beach Access Stairway: L-1 NEH YOR~TATE DEPARTMENT OF LABOR BL~EAU OF PUBLIC HORK STATE OFFICE BUILDING CAHPUS ALBANY, NY 122A0 SCHEDULE 2000A Date 02/27/01 T/O SOUTHOLD PHC 0102q60 SUFFOLK COUNTY O1 JANES MCHACHON Location and. Type of Pro~ect TOHN HALL, PO BOX 1179 PROJECT ID #. NONE REPLACE/REMOVE HOODEN STAIRS/LANDINGS. END OF SOUTHOLD NY 11971 SOUTH DRIVE. GREENPORT T/O SOUTHOLD In response to your requestz enclosed is the schedule of the prevailing hourly Hage rates and the prevailing hourly supplements for the above proSect, togetner Nith copies of the Notice of Contract Let (PH-16) for yOUr use. THE SCHEDULES HUST BE ANNEXED TO AND FORH A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS. These schedules have b~en prepared and forNarded in accordance Nith Article 8 of the NYS Labor LaN, Nhzch provides that it shall be the duty of the ~iscal officer to ascertain and determine the schedules o~ supplements te be provided and Nages.to be paid ko Norkers, - laborers and mechanics employed on public Nork pro,acts, and ko file such schedules Hith the Deparkment having ~urisdickion. The attached rakes are based on the lakest informakion available to the Department of Labor~ Bureau of Public Hork. Care should be taken to revieH the rates for obvious errors. Any correckions should be brought ko the Department's atkention immediately. It is the responsibillty of the Public Hork contractor to use the proper ra~e. If there is a question on khe proper classificakion ko be used, please call the district office located nearest the pro~ect. This schedule is effective from July 1~ 2000 through June 50, 2001. A nan uedated schedule ~ill aukomakica11¥ be mailed ko you each July i until Ne ere Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAH REQUIRES THE DEPT. OF J~ TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL ~bCUEU5 PuR TR~rEE--~I~FROM THE DATE OF COMPLETION OF THE HORK IN THE AHARDED CONTRACT. Very truly yours, Kevin E. Jones DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellakion or completion o~ this pro~ect, enter the necessary information and returnthis page to Bureau of Public Hork, Bldg. 12, Rm. 150 SOBC, Albany, NY 122q0. PROJECT HAS BEEN COMPLETED/CANCELED: Date Signakure TitIe For additional information, contact our Iocal District Offices: Albany (518) q57-27q4 Syracuse (515) 428-q056 Binghamton (607) 721-8005 Rochester (716) 258-~505 Buffalo (716) 8q7-7159 Utica (515) 795-251~ Hempstead (516) q85-~878 Hhite Plains (91q) 997-9507 Ne~ York City (212) 552-6088 PH-200 (7-00) CONTRA~REQUIREMENTS Each public Hork con~ract to which ±he State~ a public benefit corporation, a municipal corporation or a commisszon appointed pursuant to law is a party and which may involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 [Sections 220-225) of the New York State Labor LaH: 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the HOrk 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 Heek except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. 2. Each laborer~ worker or mechanic employed by the contractor or subcontractor shall be paid not[ess than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Hork. The prevailing rate of wage shall be annually determined no later than thirty days prior to July 1st of each year. The prevailing rate of wage for the perzod commencing July first of such year through June thirtieth, inclusive of the following year shall be the rate of wage set forth in collective bargaining agreements for the same.period, including those. increases for such period which are directly ascertainable from such collective bargaining agreements. (See Sections 220.$, 220.5) 5. It shall be the duty of the department of ~urisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public work pro~ect, together with a statement of the work to be performed by each classification. (See Section The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all Hage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 5. 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 ~ourney- level HorkePs in any craft classification shall not be greater than the ratio permitted to the contractor as to zts work force on any job under the registered program. Any employee Hbo is not registered as above, shall be paid or provided the prevailin~ Hage and supplement rate for the ~ourney level classificatzon of work actually performed. The contractor or subcontractor will be requzred to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supplement rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.5-e) 6. (a) No contractor~ subcontractor, nor any person acting on its behalf~ shall by reason of race, creed, disability, sex or na±ional origin discriminate against any citizen of the State of NeH York Hbo is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discrimznate against or intimida±e any employee on account of race, creed, color, disability, sex or national origin. (See Section 220-e(b)) Note: The Human Righ~s'Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day durin~ which such person was discriminated agains~ or intimidated in violation of the provisions o~ ~he con~rac~. {Sec±ion 220-e(c)) (d) The contract may blancelled or terminated by the~lFate or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or anysubsequent vio)ation of the terms or conditions of the antidiscrimination sections of the contract. (See Section 220-e(d)) (a) Ali contractors or their subcontractors shall provide to their subcontractors a copy of the prevailing wage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 or the Labor Lew. (See Section 2ZO-e(d)) (b) All subcontractors engaged by a public i~provement contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified stateaent attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of Nages and supplements specified therein. (See Section 2ZO-a) PH-S (8-99). ATTENTION: ALL COb~CTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC HORK PROJECTS IN NEH YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS= ' A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and 'no more than five days in a week, except in case of extraordinary emergency such as a fire, flood or danger life or property. You may apply to the Bureau of Public Hork for a DISPENSATION permitting workers to Hork additional hours or days per week on a particular public work proSect. HAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work pro~ect shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the pro~ect has not been provided to the prime contractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the aeDlicable schedule must be obtained from the Oeoartment of Jurisdiction, who must ma~e written application to the Bureau of Public flork, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpay~ents of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and s'ubcontractor must'keep ~riginals or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 3. Social Security Number, q. OccupationaI classification in which worked, S. Hourly wage rate paid Supplements provided 7o Daily and weekly number of hours worked in each classification 8. Deductions made 9. Actual wages paid. Hhen payroll records are requested by the Commissioner~ each payroll record must be afflrmed as true under the penalties of perjury which means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must, within 5 days after a request, produce at the work site the original payrolls or transcrzpts. Every contractor and subcontractor shall submit to the Dept. of Jurisdiction , withzn thrity days after issuance of it s first payroll, and every thirty days thereafter, a transcript of the ~ payroll records, subscribed and affirmed as true under penalty o~y, as provided by Article 8, Section ZZO, of the NYS Labor Law. The .DEPARTMENT OF JURISDICTION shall receive and maintain such payroll records. The original payrol.ls and transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominen~ and accessible place on the site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to i~s work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevazling journeyman s wage rate for that classification of work. (See attached sheet detailing Apprentice to Journeyman ratios) HITHNOLDING OF PAYMENTS: Hhen a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or Hhen the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prima contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section lq-a of the banking law per annum from the date of underpaymen± to the date of the neH paymeot, and may also include the imposition of a civil penalty not to exceed 2S~ of the amount due. DEBARMENT: Hhen final determinations have been made against a contractor or subcontractor in two instances within a six-year period determining that it willfully failed to pay or provide the prevazling rate of wages or supplements, or if there is one .ilful violatiWthat involves falsification o~ayroll records or kickback of wages, such contractor or subcontractor will be ineligible to bid on or be awarded a public work contract for a period of five years from the second final determination. CRIHINAL SANCTIONS: Hillful violations of the Prevailing Hage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIHINATION: No employee or applicant for employment may be discriminated against on account of age~ race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at ~ts offzces, places of employment or employment training centersj notzces furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing worker*s compensation insurance and disability benefits mus~ pos± in a conspicuous place no~ices of such coverage in a form prescribed by ~he Horkers' Compensation Board. Employers liable for contributions under the Unemployment Insurance Law must conspzcuously post notices furnished by ~he State Department of Labor. PH 19 (7-99) docm: let~er2b NOTICE OF NEH PR LING HAGE RATE PUBLICATIONS APPLICABLE TO ALL CDUNTIES (~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of ~ages and supplements for workers employed on public ~ork pro~ects throughout the state Hill be published on Hay 51st of each year. These new rates Hill be in effect July 1st thru June $Oth. This new determination ~ill supersede the original schedule or any prior issued annual determination. It is the responsibility of the contracting agency or its agents to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate chanae from a areviouslv issued determination becomes effective July %st, reaardless of Hhether the new determznat~on has been recezve~ by th~ contractor. Hhen you revie~ the schedule for a particular occupation, your attention should be directed to the dates above the column of rates, These are the dates that additional adjustments become effective. PH-202 (~-95) docm: letterd VERIFYING TH~GISTRATION APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Hork. The New York Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State A~encies~ Contractors~ and other interested . parties requesting verification o7 indivzdua! apprentzce registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York S~ate are individually registered by name, address, social security number, star~ing date of training, and other related da~a. This information is computerized and is available ONLY through ~he Aibany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Departmen~ of Labor, Job Service and Training Division, Building 12~ State Office Building Campus, Albany, New York 1ZZqO. All i~quiries MUST include na~e and social security ~mber and will be answered in writing. The response will indicate whether or not the individual is registerea, and if so, will provide o~her per~inen~ information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices ou±side Albany can provide conclusive registration information. It should be noted tha~ the existence of a registered apprenticeship program is no~ conclusive proof that any individual is registered in that program. Furthermore, ~he existence or possession of Naliet cards~ identification cards' or copies of state forms are no~ conclusive proof of the registration of any individual as an apprentice. PH-20~ (7-99) docm: letter2e NEW YORK STATE DEPT, OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOLD Schedule Type JN~ES HO,IACHON TOh~N HALL, PO BOX 1179 SOUTHOLO NY 11971 SUFFOLK COUNTY AGY. OF JUR1'~. NAT. OF 1~3JECT= TOHN OTHI~ NEll CONSTRUCTZON-EXPLAi'N Date ~TE 200DA 02/27/01 Prevailing Rate Case No. Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that catain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon nntifying a successful bidder for this Public Work project. Phntocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency 1o contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this pdme contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) Heating/Ventiletion [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: CONTRACTOR'S TELEPHONE #: ( ) - Address: City: State: Amount of Contract Approximate Starting Date: Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / Zip: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (04) Plumbing Signature [] (02) HeatingNentilation [] (05) Other [] (03) Electrical Date O Page 1 P '1' R ± Schedule reva~ zng a e New York S~ate Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A INSTRUCTIONS pREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. PAID HOLIOAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, bu~ is not requzred ~o perform work. . . . . No~e: If an employee works on a day l~sted as a.~gzd holzday, thzs remuneratson is in addition to paymen~ of the requzred prevazzzng rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pa~ ~hat is required for work performed on specified holidays. I~ is only required where ~he employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for ~hese covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS ParticuIar attention should be g~ven to ~he suppIeme~l benefit requirements. Although ~n most cases the payment or provzs~on of suppIements is for each hour worked, some classifications require the payment or p~v~sion of suppIements for each hour paid (this may include paid hoIzdays on.wnzcn no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES Hhen you review the schedule for a particular trade or occupation~your attention shouId be directed to the date above ~he column(s) of rates. Th~s is the date on which the rate become effective. The rate listed is vaIid unti! the next effective rata change or untiI the new annuaI determination, which takes effect on July I of each year. Ali contractors and subcontractors are required to pay the curren~ prevailing ra~es of wages and supplements. The department of jurisdiction ~s require~ to provide a copy of the current annual determination. Should you have questions, pIease contact the Bureau of Public Hork or visit the NYS Department of Labor's Heb site at HH~.~abor.state.nv.us for current wage rate information. HORKERS COMPENSATION In accordance Hith Section [42 of ~he State Finance Law, the contractor shaI1 maintain coverage under the Iife of the contract for the benefit of such empIoyees as required by the provisions of the New York State Horkers~ Compensation Law. -Contractor to be awarded contract must provide proof of Morkers' Compensation coverage prior to being allowed to Deg[n work. -The poI[cy of insurance mus± be issued by a company authorized to provide Horkers~ Compensation coverage in this sta~e. OPage 2 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A -Proof of coverage must be on form C-105.2 (Certificate of Horkers~ Compensation Insurance) and must name this agency as a certififcate holder. -If Ne~ York State coverage is added to an existing out of state policy, it can only be added to a policy of a company authorized to Hrite Horkers' Compensation coverage zn this state, and the coverage must be listed under item SA of the znformation page. -The contract must maintain proof that subcontractors doing Nork covered under this contract secure and maintain a Horkers' Compensation policy for all employees Horking in New York State. If you have any questions concerning the attached schedule or would like additional informatzon, please contact nearest BUREAU of PUBLIC MORK District Office or Hrite to the NEH YORK STATE DEPARTMENT of LABOR. BUREAU of PUBLIC HORK, BUILDING 12, STATE OFFICE BUILDING CAHPUS, ALBANY, NEM YORK 122q0. District Office Locations= Teleehgne# F~X # Bureau of Public Hork - Albany Bureau of Public Hork Binghamton Bureau of Public Mork Buffalo Bureau of Public Hark - Hempstead Bureau of Public Hark Rochester Bureau of Public Hark - Syracuse Bureau of Public Mark Utica Bureau of Public Hark - Mhite Plains Bureau of Public Hark - New York City Bureau of Public Hark Central Office OVb~llMb ~18-q57-27qq 607-721-8005 716-8q7-7159 516-q85-~878 716-258-q505 $15-~28-~056 $15-79S-231~ 91~-997-9507 212-352-6088 518-~57-5589 518-fi85-O~qO 607-721-800~ 716-8fi7-7650 516-~85-0522 716-258-~708 315-~28-~671 315-793-23~2 91~-997-9523 212-~52-6186 518-~85-1870 (7/06/99) Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIH~ section. A ) Time and one half of the hourly rate after 7 hours per day. Time and one half of the hourly rate after 7 and one half hours per day. ~A~ Time and one half of the hourly rate after 8 hours per day. Bi) Time and one half of the hourly rate for the 9th & lOth hours Heek days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. Double the hourly rate after 7 and one half hours pep day. D1) Double the hourly rate after 8 hours per day. Double the hourly rate after 9 hours per day. ~ii Time and one hal~ of the hourly rate on Saturday. Time and one half 1st q hours on Saturday. Double the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost dur~na that week due to inclement ~eather. ES) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost durine ~ha~ Heekdue to inclement weather, provided a given employee has workeO between 16 and 32 hours that week. E~) Saturday and Sunday may be used as a make-up day at straight time Page ~ Prevailing Ra±e ScheduIe New York State Department of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A when a day is lost durino that week due to inclement weather. F Time and one half of the hourly rate on Saturday and Sunday. Time and one half of the hourly rate on Saturday and Holidays. Time and one half of Abe hourly rate on Saturday, Sunday, and Holidays. ITime and one half of the hourly rate on Sunday. JTime and one half of the hourly rate on Sunday and Holidays. Time and one half of the hourly rate on Holidays. ~ Double the hourly rate on Saturday. Double the hourly rate on Saturday and Sunday. Double the hourly rate on Saturday and Holidays. i Double the hourly rate on Sunday. Bauble the hourly rate on Saturday, Sunday, and Holidays. Double the hourly rate on Sunday and Holidays. Double the hourly rate on Holidays. Two and one half times the hourly rate for Holidays. if worked. Si) Two and one half times ~he hourly rate the first B hours on Sunday or Hoilidays. One and one half ~imes the hourly rate all additional hours. ( T ) Triple ~he hourly ra~e for Holidays, if Harked. ( U ) Four times the hourly rate for Holidays, if worked. V ) Including benefits a~ SAME PREMIUM as shown for overtime. ~ M ).Time'and one half for benefits on all overtime.hours, . NOTE: BENEFITS are PER HOUR MARKED, for each hour worked, unless otherwise no~ed HOLIDAYS PAID Paid ~o~idays ~re days ~or whic~ an elipible employee receives a regular day's 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 Hark on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. FolloHing is an explanation of the code(s) listed in the HOLIDAy section of each classification contained in the attached schedule. The Hoz~days as listed below are to be paid a~ the wage rates at which the employee is normally classified. 1 None. 2 Labor Day. Memorial Day and July i Memorial Day and Labor Day. Memorial Day, July qth, and Labor Day. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln s Birthday, Hashington s Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. l0 Hashington's Birthday. 11 Columbus Day. 12 Election Day. OPage 4 Prevailing Rake Schedule New York Stake Deparkment of Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A 15 Presidenkial Election Day. 14 1/2 Day on Presidenkial Eleckion Day. 15 Veterans Oay. 16 Day afker Thanksgiving Day. 17 July 4th. ~ 18 1/2 Day before Chriskmas Jay. 19 1/2 Day before Hew Years Day. 20 Thanksgiving Day. 21 New Year~s Day. 22 Christmas Day. 25 Day before Chriskmas. 24 Day before NeH Year~s Day. 25 Presidents~ Day. 26 Nerkin Lukher King, Jr. Day. HAGES(per hour) Asbestos Horker ....... 1/01/00- 7/01/00- 6/50/00 12/51/00 OVERTIME: See ( C, O, TH, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if worked. ~See ( 1 ) on HOLIDAY PAGE. OVERTIHE= See { 5, 6, 9t. 11, 15, 16, 25 ) on HOLIDAY PAGE. For Rem./Abakemenk: See ( i ) on HOLIDAY PAGE. APPRENTICES= ( 1 ) year kerms at the following percenkage of Journeymants qB% 6OX 7OZ~Z SUPPLEMENTAL BENEFITS:{per hour worked) Journeymen $ 19.69 $ 19.69 Apprentices Same Z as Same % as wages of wages of $ 19.69 $ 19.69 HAGES (per hour) 6/01/99- 5/31/00 Rem./Abakemenk only~ .... $ 22.00 ~On mechanicial syskems khat are nok ko be scrapped. OVERTIHE: Rem./Abakemenk: Time and One-Half after 8 hours per day and after 5 work days per week. Journeyman Rem & Abatemenk $ 4.00 9-12 Page 5 Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 0102A60 SUFFOLK 2000A HAG,S(per hour) 7-01-00- 9-01-00- 9-01-01- 8-$1-00 8-31-01 8-$1-02 Boilermaker ........... $ 3A.O0 $ $~.92 $5.86 See ( D, E, Q ) on OVERTIME PAGE. HOLIDAYS: OVERT E:PAID=IMSee ( 8, 16, 25,'2q ) on HOLIDAY PAGE. See ( q, 6, 11, 1Z, 15, 25 ) on HOLIDAY PAGE. APPRENTICES= Hage. 6~ /O~ 75~ ' SUPPLEMENTAL BENEFITS: ( 1/Z ) year ±erms at the folloNing percentage of journeyman's 5th 6th 7th 8th (pep hou~ Norked) $ q.21 + ~ q.~q + ~ q.3q + q7 Z of q7 Z of q7 Z of Hage Pa~e Hage Pa~e Hage Pate 4-5 CARPENTER HAGES(per hour) Building: Mi11Hright ........... 7/01/99- 1/01/00- 7/01/00- 12/31/99 6/30/00 12/31/00 26.8q Addit. Addit. $ .96/hr. $1.20/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. ~ See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st 8 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folloHing percentage of Journeyman's Hage. Zst. Ind. 3rd. Ath. 55Z 65X /hZ 95~ SUPPLEMENTAL BENEF~T$;(per hour paid) Journeyman $ 23.59 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.~2 ~Page 6 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A Appr 4th term 21.55 9-740 CARPENTER HAGES(per hour) 1/01/00 7/01/00 Carpet/Resilient Floor Coverer ......... $ 52.22 Addit. $1.16/hr. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. ~ See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, il, 15, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 1~, 16~ 18, 19, 25 ) on HOLIDAY PAGE. ~ ( 1 ) year terms a~ the following percentage of Journeyman's wage. SUPPLEHENTAL BENEFITS:(per hour worked) - See Below. 9-2287 HAGES (per hour) Piledriver ........... Oockbuilder .......... 7/01/99 7/01/00 52.15 Addit. 52.15 $$.00/hr. OVERTIHE PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS= ~AIU: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 15, 16, 1B~ 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of Journeyman's SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1456 HAGES (per hour) Harine Construction: Harine Diver .......... 7/01/99 7/01/00 58.70 Addit. $5.41/hr. Page 7 Prevailing Rate Schedule NeH York State Departmen± of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A ,, . Teoder .... 28.67 Addit. $2.8q/hr. O¥~RTIME PAy: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS= FAIU: See ( 18, 19 ) on HOLIDAY PAGE. PAID= See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st 8 2nd yr. Apprentices OVERTIME= See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. ~UPPLEHENTAL BENEFITS=(per hour pa[d) - See BeloH. 9-1456/D HAGES(per hour) 7/01/99 7/01/00 Ti~berman ......... $ 28.85 Addit. $2.85/hr. · OVERTIME: See'( B, E, E2, Q ) on OVERTIME PAGE. ~ See ( 18~ 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES= ( i ) year terms at the fo[loHing percen*age of Journeyman's . lsd. 2nd. 3rd. fith. SUPPLEMENTAL BENEFITS:(per hour paid) - See Be[oH. 9-1556H CARPENTER The fo110Hing Supplemental Benefits appl~ to the preceding Carpenter categories and/or Occupational titles unless otherHzse noted. 1/01/00 SUPPLEHENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 Apprentices 15.35 9-NYC/Supp HAGES (per hour) 7-01-00- 6-30-01 Building: Carpenter ............... Prevailing Ra~e Schedule NeH York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A Heavy/HighHay: Carpenter ............... $ 32.63 OVERTIME PAY; See ( B, E, Q ) on OVERTIME PAGE. ( i ) HOLIDAY on PAGE. : See ( 5, 6, 10, 16 ) on HOLIDAY PAGE. APPRENTICES : ( 1 ) year ~erms a~ ~he folloHing Hages. Heavy/HighHay Building ls~ yr $ 13.23 $ 13.05 SUPPLEHENTAL BENEFIT~.;(per hour Horked) Journeyman $ Z0.02 Appr Zs~ & 2nd terms 1~.50 Appr 5rd & 4~h ~erms 20.02 q-SUF ELEVAI§~ HAGES (pep hour) 7/01/99 Elevator Constructor ..... $ S~.q15 Modern. 8 service... 28.575 Apprentice: (6) month terms at the following percentage of Journeyman's Hage. ls~ 2nd 3rd qth 5~h 6~h 7th 8th ~th 10th ~ONSTR. See ( C, 0 ) on OVERTZHE PAGE. ODERN./SERV. See ( D, H ) on OVERTIME PAGE. HOLIDAYS= FAZB: See ( 5, 6, 7. 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFIT~;(per hour Horked) Uournay~an/Apprent[ca: Construction $ 10.855 Hodern./Serv~ce 10.705 9-1 GLAZIER Page 9 Prevailing Ra~e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A HAGES(peP hour) 6/01/00 Glazier .............. $ 29.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. 0 ~See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES= ( 1 ) year ~erms at ~he foloHing percentage of Journeyman's Hage. ls~ 2nd 3rd qth 60~ SUPPLEMENTAL BENEFITS:(per hour Horked) Jouhneyman $ '18..07 AppP 1st ~erm 5.67 Appr 2nd ~erm 6.67 Appr Srd ~erm 9.~6 Appr 4~h ~erm 15.22 9-1087 (DC9 NYC) HAGES (per hour) Electrician ............ Fire Alarm ............. Audio/Sound ............ 7-01-00- 6-S0-01 $ 35.25 35.25 35.25 ~ See ( B, Q, VNN ) on Over*ime Page. YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED HOEK NHEN OFF SHIFT HORK IS REQUIRED,THE FOLLOHING PEEN[UN RATES OF PAY SHALL BE IN EFFECT; SNING SHIFT q:30 P.H.~o 12:30 A.M ..... GRAVEYARD SHIFT 12:30 A.M.~o 8=A.M ........ ~See ( 1 ~TERTIME: See APPRENTICES: ( 1 HagS. ls~ 2nd 3rd 50Z 55% qOX SUPPLEMENTAL BENEFITS: $ q1.$6 on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the folloHing percentage of Journeyman's fi~h 5th 6~h 5UX 6U% 7UX (percents based on gross Hages-others per hour) Gage 10 Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A 45.5Z + Journeyman App 2nd yr App 3rd yr q3.5Z + ~3.5Z + App 4th yr $ 5.q3~ App 5th yr q3.SZ + App 6~h yr q3.SZ + $ 5.q3~ PUHP& TANK HORK 7-01-00 6-01-01- 6-01-02- 5-31-01 5-31-02 5-31-03 JOURNE~NAN ....... $29.22' $30.10 OVERTINE; Sea ( B, E, ~ ) on OVERTIHE PAGE. HOLIDAYS~ Paid ( 1 ) Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices= One ( ! ) year terms at the ~ollo~ng percen~ of journeymans rate. 1st 2nd 3rd qth 5th ~OZ 50Z 60Z 70~ 85Z Supplemental Benefits = pep hour Horked. 50 1/2Z of hourly rate 4.-Z5 Prevail~WRate..~ Schedule Page 11 Ne~ York State Department of Labor .................................. Case Number .................................. 0102460 SUFFOLK* 2000A For utility distribution S transmission line construction. HAGES (per hour) 7-01-00- 10-01-00- 9-$0-00 Line.an / Splioar ............... $ $1.00 M~teriel M~n. .................. 26.47 HeeYy £~uip. Oper ........... 24.80 ~roundmen .............. - ; ...... ~''' lB.60 Flagman ......................... 1~.95 ~ See ( B~ ~ ) on OYERTIME PA~£. 10~01-01 9-$0-01 9-30-02 1.10 adtl $ 1.20 adtl (' 5; 6. 8, 9, 10, 11 ) o~ H~liday page. See ( I ) on Overtime Page. ~ APPRENTICES: 1000 hour periods at the folloHing percentage of journeyman,s Hage. 6t . 6OX 65X 90X SUPPLEMENTAL BENEFITS: (percents based on gross Hages-others per hour) 3.59+9 22.5% Underground Natural Gasline Mechanic: ( 2" or less ) 7-01-00- 2-28-01 Journeyman U.$.Mechanic .... $ 25.75 OVERTIME: See ( B, E~ HOLIDAYS=, PAID: See ( 5~ 6, 8, 9, 10. 11~ 16 ) OVERTIHE: See ( I ) on Overtime Page. Supplemental Benefits= $-01-01- 3-01-02- 2-28-02 2-28-03 $ 26.63 $ 27.52 on Holiday Page. ( per hour Horked ) $ 3.61+ $ q. O0+ $ 4.00+ 22Z 22.5% 23Z 4-1049 line ~LE~I~LUfAN Applicable ~o electrical maintenance of existing electrical systems including, PreveiZin~ate Schedule Oage 12 New York State Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A but not limited to, HAGES (per hour) 7-01-00- .5-Ol-O1- q-50-O1 4-50-02 Electrician $ 28.S0 $ 29.~0 ~ See ( B, H, ) on OVERTIME PAGE. O~TIMJ~AJ~'~:~(1) on HOLIDAY PAGE. See ( 5, 6, I6, 25 ) on HOLIDAY PAGE. 'APPRENTICES:.( i ) year terms a~ ~he following wage. 1st 2nd Srd 4th 5th ~u% 50s bus lOS 80% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.69 + $ 12.25 + 3% of wage 3% of wage TRIMMER - Line Clearance SDeciaZis~ ~raf~ic signals and s~reet lighting. 7-01-00- 12-$0-00- 12-29-00 1-05-02 HAGES: ( per hour ) .............. $ 19.50 $ 19.99 ~ See ( B, E, P, T ) on OVERTIME PAGE. ~See ( 5, 6, 8, 9, 10, Il, 16, ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (Der hour worked) aS 3.87+ $ ~.12+ $ q.57+ 12.5% 12.5 12.5Z ~-2Sm TREE 1-06-02- 6-~0-02 $ 20.~4 q-lOq9 HAGES (per hour) 1/01/99- 6/~0/99 Structural ........... $ 57.70 Riggers .............. 57.70  Page Prevail Rate Schedule HeN York State Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A Machinery Hovers ..... 57.70 " " Erectors... 57.70 OVERTIME PAY= See ( B~ E~, Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours, double time thereafter. HOLIDAYS: PAIU: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See [ S, 6, 8, 18, 19 ) on HOLIDAY PAGE. ~.( 1/2 ) year terms at the following Hage. 5rd. qth. 5th. 6th. ~ Z0.55 21.15 21.15 Zl.l~ 21.15 21./5 SUPPLEHENTAL BENEFITS:(per hour ~orked) Journeyman $ 22.~ Apprentices 17.88 9-q0/561 HAGES(per hour) 7/01/98- 6/50/99 Reinforcing 8 Metal Lathing .......... $ 31.q5 OVERT[HE PAY: See ( C, O, V ) on OVERTIME PAGE. ~:~ee ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6~ 8~ 10, [1, 15~ 18, 19 ) on HOLIDAY PAGE. APPRENTICES=( 1 ) year ter~s at the folloH[ng Hage rates. 1st Znd 3rd qth _ ~16.00 $1~.~ ~Z1.~6 ~zq,Bz SUPPLEMENTAL BENEFITS:(per hour ~orkad) ~ourneyman $ 17.~8 Appr 1st term I~.68 2nd term i1.68 Srd term 15.68 ~th term 1~.68 HAGES (per hour) 01/01/00- 6/$0/00 Ornamental ............. $ 55.5q Chain Link Fence ....... $5.5q 9-q6 Prevailing~Rate Schedule OPage lq New York State Department of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A Guiderail Installation. 55.5q ~ See A, D1, EX, Q, V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. HOLIDAYS= PAIU: See ( 1 on HOLIDAY PAGE. OVERTIHE: See 5, 6~ 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of Journeyman's 1sT. 2nd. 5rd. qth. 5th. 6Th. SUPPLEMENTAL BEN~FITS:(per hour Horked) Journeyman $ 18.66 Appr 1st term 19.01 Appr 2nd term 19.59 · Appr 5rd Term 20.15 Appr qTh Term 21.29 Appr 5Th Term 21.87 Appr 6Th term 22.99 9-580 LABORER HAGES (per hour) Buildin~ Laborer: ExcePt ~batement ...... For Abatement See Below OVERTIME P~Y: See ¢ A, E, E2, See ( i ) on HOLIDAY PAGE. ~: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BEN~FITS: (per hour ~orked) $15.q9 07/01/99- 07/01/00- 06/30/00 06/50/01 $ 22.55 $ 1.58 adtl. ~ ) on OVERTIME PAGE. 07/01/01- 06/30/02 $ 1.~5 adtl AbaTemenT Only ........ 07-01-00- 12-01-00- 12-01-01- 1Z-01-02- 11-50-00 11-50-01 11-50-02 11-50-05 Hages ..................... $ 21.q5 $ 1.55 adtl. $ 1.00 adT1. $ 1.00 adtl. Supplemental Benefits ( per hour worked ) ....... $ q.00 ~-66 LA§UEE~ - HEAVY/HIGHHAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Prevail~WRa~e~,,w Schedule Page 15 New York S~a~e Depar~men~ of Labor ......................... ~ ........ Case Number .................................. 0102q60 SUFFOLK 2000A Group # 2: Asphal~ Shovelers, Roller Boys and Tampers. Group # 3: Basic Laborer, Power Tool, Treckmen, Landscape, Pipelayer, Jackhammer and Concrete. HAGES (per hour) 6-01-00- 6-01-01- 6-01-02- 5-31-01 5-31-02 5-31-03 Heavy/HighNay Laborer: Group # 1 ............. Group # 2 ............. Group # 3 ............. $ 26.67 $ 1.fi5 ad~l. $ 1.50 ad~l. 26.06 1.q2 " 1.47 " 24.05 1.~5 " 1.40 " NOTE: PREMIUM PAY 20Z on s*raighA ~ime hours for NEH YORK STATE D.O.T and o~her GOVERNMENTAL HANDATED off-shif~ Hark. Apprentices: ( I ) year ~erms a~ ~he folloHing percentages of journeymans ls~ year .......... 80Z Znd year .......... 90Z ~ See ¢ B, F, E~ ) on OVERTIME PAGE, ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( I ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS= (per hour Harked) ~ 15,42 q-1298 MASUN-Buildlnq A~[per hour) 1/01/O0 Building: ~ -. Marble/ SaNyer, ~uoDer ' S Polisher ............ $ 29.98 Marble Restoration Finishers ............. 15.07 ~ See ( A~ E~ ~, V ) on OVERTIME PAGE. Journeymen receive 1/2 days pay for Labor Day. Cleaner~ Maintenance and 1ST ~hree ~erms of Apprentices See ( S, 6, 11, 15 ) on HOLIDAY PAGE. All o~hers See ( 1 ) on HOLZDAY PAGE. OVERTIHE: See ( 5~ 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICFS: ( 1/2 ) year ~erms e~ ~he folloHing percentage of Journeyman's SUPPLEMENTAL BENEF~TS:(per hour wobked) Journeyman $ 12.~ Cleaner/Maintenance 2.40 Appr 5.80 + Hage percentage of $ 6.09 Ne~ York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102q60 SUPFOLK 2000A 9-7/2q MA~ON - Building HAG,S(per hour) 1/01/00- 6/S0/00 Building= Bricklayer .......... $ 35.22 7/01/00- 12/$1/00 )q.27 OVERTIHE PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. ~ee ( I ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, lO ) on HOLIDAY PAGE. ~ ( 750 hour ) terms et ~he following percentage of Journeyman's Hage. ls( 2nd 5rd q(h 5TH (500 Hfs) 6TH (500 Hfs) SUPPLEMENTAL BENEFITS=(per hour Worked) Journeyman $ 15.56 15.61 Appr 8.35 8.$3 9-1Brk MAS'ON-~uildine Unit Mevtno Hor~ ~ Shall include bu~ no~ limited ~o: fired clay brick pavers, pre-cas~ con- cre~e slabs (london Nalks), pressed concrete pavers~ cobbie s~one, ~ype$ of flagging~ asphal~ concrete pavers- asphaltic cemen~ sand and slone aggregate~ uni% safe%y surface. HAGES(per hour) 8/01/99 Journeyman. ..$ 2~.12 Apprentice ~'~'~'term ) .... 20.27 ~ See ( B, E, ~ ) on 0VERTIHE PAGE. FA[U: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS:(per hour Horked) Journeyman $ 10.76 Appr 6.08 9-1 Paver FLA~IEHEH$ - 5KIMCUAIlN~ HAGES(per hour) 7/01/2000 2/07/2001 2/06/2002 Journeyman ........... $ 27.00 27.50 28.50 Page 17 Prevailing Rate Schedule New York Stats Department of Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A OVERTIME PAY: See ( C· E2· 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10· 11· 15, 18 · 19 , Z6 ) on HOLIDAY PAGE. APpRENT[CE~ ( 1/2 ) year terms at the ~ollowing percentage of ~ourneyman~s wage. 6t SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $15.52 $14.58 $14.55 Appr Same percentage as Hage. 9-550 ~ASON - ?o~nter/Caulker/Cleaner HAGES(per hour) 7/01/99- 6/50/00 Pointer, Cleaner,S Caulker (Mason) ..... $ 28.20 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5· 6, 25~ 26 ) on HOLIDAY PAGE. APP~ENTICES~ ( I ) year terms at the ~olloHing wage rates. [st Znd 5rd 4th $1"5.00 1/.Zb Zl.0U Zq.50 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.65 ~J~pr ls~ term Z.50 Appr Znd term 2.75 ~4=pr ~rd term 4.50 Appr 4~h term 6.50 9-1PCC HASES(~er hour) 7/01/99 7/01/00 Cement Mason ......... $ ~5.00 Addit. S2.O0/hr. OVERTIME PAY~ See ( C, O~ V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OPage 18 Prevailing Ra~e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A OVERTIME= See ( 5, 6, 8, ll, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/Z ) year ~erms a~ ~he following percentage of Journeyman's wages and fringes. 6~ SUPPLEHENTAL BENEFITS=(per hour worked) $ lq.15 9-780 HAGES(per hour) 7/01/99 Building: Plasterer ............ ~ 29.57 OVERTIME PAY: See ( A, G, P, V ) on OVERTIHE PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 25 ) on HOLIDAY PAGE. ~ ( I ) year ~erms a~ ~he following percentage of journeyman's wage. ls~ 2nd Srd ~OX 60Z ~OX SUPPLEMENTAL BENEFITS:(per hour Horked) Journeyman $ 12.25 Ar)pr [s~ ~hree months 0.00 All o~her Appr 12.25 9-20ZP ASON- ld~ HAGES (per hour) 1/01/00- 6/50/00 Building: Mosaic & Terrazzo Horker...$ S1.$8 " Helper...$ S0.07 OVERTIME PAY: See ( A E, ~, V~ ) on OVERTIME PAGE. ~ $ 5.q~ added ~o supplements. ~See ( I on HOLIDAY PAGE. OVERTIME: See 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. Ln~g Page 19 PrevailJ Ra~e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A SUPPLEMENTAL BENEFITS:(per hour worked) $ 15.35 9-7/3 WAGES(per hour) 11/01/99 Building: T~le Layer ........... ~ $1.26 ~ See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: ?AID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. 'APPRENTICES: ( 750 hP)~erms a~ ~he following percentage o~ ~ourneyman~s wage. Is~ 2nd Srd q~h 5*h 6~h bU% bSX &SI 75Z ~SX SUPPLEMENTAL BENEFITS=(per hour Horked) $ lq.82 9-7/52 HAGES (per hour) 12/01/99 Building: Tile Layer Helper & Finisher ....... $ 26.24 ~VERTZME PAY~ See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYSt FAZD: See ( I ) on HOLIDAY PAGE. OVERTIHE: See ( 5~ 6, 8~ ~0, 1I~ 15~ 16 ) on HOLTDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.48 9-7/88 1RONHORKE~ HAGES(pe~ hour) 1/01/00- 7/01/00- 6/30/00 12/31/00 Derrickman/Rigger .... $ $3.01 $ 33.01 Pre e ate OPage 20 vailing R Schedule New York State Department of Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A OVERTIHE ff~Y: See ( C, O, V ) on OVERTIME PAGE. ~'~ee ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of 5ourneyman's flage. Ist 2nd Srd 4th 5th 6th 50% 6OZ /UZ ~0% ~O% SUPPLEMENTAL BENEFITS=(per hour worked) $ 23.46 $ 24.56 9~197 'o - BU' d HAGES(per hour) 1/01/00 · Building': I~rble Cutters 8 'Setters ............. $ ~.88 ~ See ( B, O, V ) on OVERTIME PAGE attached. : Journeymen receive 1/2 days pay for Labor Day. APprentzces 1St three terms See ( 5, 6, 8, zl, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. Al! others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. ~( 1/2 ) year terms at the following percentage of 5ourneyman's wage. 5U% 55% 6~ IU ~b~ SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 AJ~pr 5.90 + wage percentage of $ 9.75 9~7/~ H~GES [ per hour) 1/01/00 Marble-Ri~ers~ Crane 8 Derrickman...$ 28.72 See ( C, O, V ) on OVERTIME PAGE. 1/2 Day for Labor Day. [ 5, 6, 8~ 11, 15, 25 ) on OVERTIME PAGE. Page 21 Prevail~"~rg Rate Schedule NeH York S~ate Departmen~ of Labor .................................. Case Number .................................. 0102fi60 SUFFOLK 2000A SUPPLEMENTAL BENEFITS:(per hour worked) $ 16.82 9-7/20 HAGES (per hour) 7-01-00- 6-$0-01 Brush, Paper Hanger,Taper $ 26.05 Structural S~eel ......... Spra~, Scaffold~SandblaS~ 28.q7 Repa[n~/Renovatzon ....... 20.89~ ~Addi~ional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting~ and Rolling Scaffold 20~ and over~ Lead Abatemen~ a~ same ra~e as classzfication. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVE~I~ME FAY-Re~ain~YRenovat~on: See ( B ) on OVERTIME PAGE. Sea ( 1 ) on HOLIDAY PAGE. IME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES= ( i )lStyear termsdat2n the ~oI~oNing rates. Srd Brush $ 10.75 16.01 19.11 Scaff./SB 11.8~ 17.62 21.09 Struc. SA1. 12.9~ 19.2q 25.08 Rpt/Ren. 10.75 16.01 19.11 SUPPLEMENTAL BENEFITS= (per hour Horked) Rpt/Ren. Journeyman $ 15.67 All o,her Journeyman 15.67 Appr 1st year ~.76 Appr all other ~arms 10.18 ~-1~86 PLUMBER HAGES (per hour)7-01-O0- i1-01-00- 5-01-01- 10-51-00 q-~O-Ol 10-51-01 Plumber ..... $ ~q.7) $ ~.q) $ )6.1~ OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. 0 D = ( 1 ) on HOLIDAY PAGE. ~See ( 5, 6, APPRENTICES: 11-01-01- 5-01-02- 11-01-02- ~-~0-02 10-~1-02 ~-~0-05 36.83 $ ~7.5~ $ $8.28 15, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at ~he folloHing rates. Prevailin~RateSchedule '~Page 22 NeH York State Department of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A 1st year ...... ~ 13.61 $ 15.89 $ 1~.11 $ lq.55 $ lq.57 $ lq.85 2nd year ...... 17.19 17.54 17.87 18.20 18.55 18.88 5rd year ...... 22.4q 22.89 25.59 25.90 24.55 2~.80 ~th year ...... 2q.17 2q.66 25.20 25.74 26.20 26.70 5th year ...... 25.96 26.48 27.08 27.68 28.20 28.76 SUPPLEMENTAL BENEFITS= (per hour Horked~) Journeyman $ 16.80 $ 16.95 $ 17.55 $ 18.15 Appr Zst term 10.14 10.20 10.50 10.78 Appr 2nd term 11.80 11.88 12.20 12.52 Appr 5rd term 11.98 12.08 12.q5 12.77 Appr 4th term 12.69 12.80 15.17 15.5~ A~pr 5th term 15.07 15.19 15.57 15.95 ~Sunday and Holiday Benefits paid at Double Time rate. · PUMP &-TANK HORK 7~01-00- 6-01-01- 5-31-01 5-31-02 dourneyman.., .............. $ 50.05 $ 51.60 Overtime~ ( B, E, Q ) on Overtime Page. Holidays: Paid ( 1 ) Overtlma ( 5, 6, 9, 10, 16 ) on Holiday Page. A~prentiees: One year terms at the folloHing rates; AApp: 1st yr ................ $ 11.75 $ 12.22 pp: 2nd yr ................ 14.98 15.64 App: 5rd yr ................ 18.10 18.95 App: 4th yr ................ 21.18 22.21 Hech~nic~ .................. 26.27 27.57 servzceman= ................ 18.10 18.95 Supplemental Benefits ; per hour Horked. Journeyman ................. $ 15.56 $ 15.61 App. 1st yr ................ 6.~1 6.66 App. 2nd yr ................ 7.72 7.97 App. 5rd yr ................ 9.15 9.58 App. 4th yr ................ 10.59 10.8fi Hechanic~ .................. 12.51 12.56 Serviceman= ................ 9.15 9.58 18.75 $ 19.30 11.08 11.5~ 12.84 IS.Iff 15.19 15.57 13.99 14.40 1~.41 14.85 4-200 51EA~FIITEE HAGE$(per hour) 12/29/99 Steam Fitter .......... $ 36.30 Sprinkler Fitter ...... 36.30 g Page 23 Prevail Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A For Hork on Temporary Heat & Air Conditioning ....... $ 27.58 OVERTIHE PAY: See [ C, O, V ) on OVERTINE PAGE. ~ee ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, ii, 15, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. qth. 5th. SUPPLEHENTAL BENEFITS:(per hour paid) Journeyman $ 18.75 + .3q per hour worked For Hork on Temporary 15.q~ Heat & Air conditionzng -+ .3q per hour worked Apprentices term percentage of i8.75 plus .3~ per hour worked 9-638A HAGES(per hour) 7/01/00 Steamfitter ......... $ 25.55 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower~ and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower. OVERTIHE PAY:See ( B, E, Q~, S~ ) on OVERTIHE PAGE. ~ee ( 2, 6, 9, 10, lI, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: ~ ( 2. 6. 9, 15, 17 ) ~ ( 10, 11, 26, Memorial Day ) APPRENTICES: ( 1 ) year terms at the following wa e. 1st 6 mo 2nd 6 mo 2nd vr ~rd vr ~ yr ll.qq 15.7~ 16.0q . SUPPLEMENTAL ~EN[F~T$:(per hour worked) Journeyman $ 5.56 AppP ls~ term 5.~5 Appr 2nd term 5.iq Appr ~rd term q.98 AppP qth term q.85 9-638B Prevail~Rate~,,y Schedule Page 2~ Ne~ York Sta~e Depar~men~ of Labor .................................. Case Number .................................. 0102q60 SUFFOLK' 2000A 7-01-2000 10-01-2000 10-01-2001 HAGES (per hour) 9-30-2000 9-30-2001 9-30-2002 Roo~er/Ha~erproofer ............... $ 26.50 $ 1.75 adtl, $ 2.25 ad~l. OVERTIME PAY-NeH Roof: See ( A, E, E2, Q ) on OVERTIME PAGE. O Y- : See ( B, E, E2, Q~ on OVERTIME PAGE. OgIEET)HD~~ ( I ) on HOLIDAY PAGE. See ( q~ 6, 13~ 16, 25 ) on HOLIDAY PAGE. APPRENTICES= ( i ) year terms at the folloHing percentage of journeyman,s Hage. ls~ 2nd 3rd qOZ 50Z 70X8 SUPPLENENTAL BENEFITS~ (pep hour ~orked) Journeyman - $ 18.0q Apprentices ls~ 2.15 2nd 3.90 3rd 9.87 ~h l~.q6 q-15q I u HAGES (per hour) Shee*me~al Horker .... $ 33.17 7-01-00- 8-01-00- 2-01-01- 8-01-01- 2-01-02- 7-31-00 1-31-01 7-31-01 1-31-02 7-31-02 1.25 adtl 1.35 adtl 1.~5 adtl 1.60 ad~l FoP Temporary Operation or H~in~oof Fens .............. 80Y. DJ: Shee~me~al Ra~ce Decking & Siding Hork= ..... $ 28.70 OVERT[NE p~Y: See ( C~ E2, O. V ) on OVERT[NE PAGE ( D~ E2~ O~ V ) on Fan Ha[n~./ Decking 8 Siding ;ee ( 1 ) on HOLIDAY PAGE. E= See ( 5~ 6, ll~ 1Z~ 15, 25~ 26 ) on holiday page. APPRENTICES:2(dl/2n )dYear ~erms a~ ~he ~ol[o~ing ~ercen~ o~ ~ourneyman re~e SUPPLEMENTAL B[NEFITS: (per hour Horked) Journeyman $ 20.93 Appr 1st ~erm 6.28 Appr 2nd term 7.33 Appr 3rd ~erm 8.37 .~4~pr 4~h ~erm 9.q2 Rppr 5~h ~erm 10.q7 Appr 6~h term 11.51 AppP 7th term 12.56 Appr 8~h term 16.7q Page 25 Prevail~g Rate Schedule New York Sta~e Depar~men~ of Labor .................................. Case Number .................................. 0102660 SUFFOLK 2000A Decking & Siding ............. 9.96 q-28 Helder...To be paid ~he rate of the mechanic performing the work. TEAHSTER-Buildin= Truck Driver (Building and Heavy/High~ay)= GROUP I: Chauffeur end Excavation. HAGES (per hour) 7-01-00- 6-30-01 Truck Driver (Building and Heavy/High~ay): Group 1 ......... ; ....... $ 28.755- 7-01-01- 6-$0-02 $ 29.q05 Drivers of three-axle tractors & trailers~ $6.00 per day addi(ional. Drivers of heavy equipmen~ & ~agalong traxlers, $ 10.00 per day additional. Drivers of boom trucks~ $ 10.00 per ~ay additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. OL · ~See ( 5, 6. 16~ 25 )~ on HOLIDAY PAGE. ~ See ( 5, 6, 16. 2S )~ on HOLIDAY PAGE. ~'~rk tHO days in holiday Heek. SUPPLEMENTAL BENEFITS: (per hour Horked) $ 16.01 $ 16.6I q-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Haste HAGES (per hour) 7-01-00- 7-01~01- 6/$0/01 6-50-02 Truck Driver, Chauffeur or Loader/Opera,or $ 21.55 $ 21.85 21.65 22.15 OVERTIME PAY: See ( B, L, S, S1,) on OVERTIME PAGE. ~)ST~)( 5, 6, 7. 9' 1~, 12, 2~ !.Rn Holiday Page. SUPPLEMENTAL BENEFITS: (per hour Norked) Prevaili,n~Rate Schedule OPage 26 Ne~ York State Department of Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A $ 15.~3 $ 1~.68 fi-282.Demo ' 'N ~1 HA~ES (per hour) 7-01-00- 1-01-01- 12-$1-00 6-30-01 Sign Erector .......... $ 27.40 27.90 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAIU= See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. ~ ( 1/2 ) year ~enms a~ the folloHing percentage of journeyman's ~age'lst 2nd 5nd q~ SUPPLEMENTAL BEN[FITS: Journeyman ........... $ 17.fi7 App ls{ term .......... 3.61 App 2nd term ......... q.0q App 3rd term ......... 4.48 App ~erm ......... 7.3~ App 6~h term ......... 7.77 App ?th term ......... 10.21 App8th ~erm ......... 10.8q App 9th ~erm ......... 13.07 App 10~h term ........ 13.50 6th 7{h 8~h 9ih lOth 60Z 65% 7OZ 75Z 80Z $ 17.60 3.63 4.07 4.51 7.38 7.82 10.25 10.89 13.12 13.56 g Page 27 Prevail Ra~e Schedule NeH York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A WAGES(per hour) 7/01/1999 Pain~er (S~riping-HighHay): S~riping~Machine Opera~or ....... $ 21.57 " Helper .................... 15.79 Linerman ....................... 2q.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: FAID: Se~ ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME. See ( 2, 8~ 11, 12, 15~ 16, 17~ 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he folloNing ra~es of ~ourneyman's Hage. ls~ 2nd 5rd q~h 5~h $10.00 $11.00 $12.00 $15.00 $1q.00 SUPPLEMENTAL BENEFITS=(per hour paid} 22Z of Hage $ .50 9-Sa/ISa (2~0) HAGES;(pep hour) 1/01/00 7/01/00 Survey Ra~es-Building: Par~¥ ~hief ......... $ 52.77 Addi~. $5.01/hr. Ins~ru~nt Man ...... 27.19 Addle. $1.Sq/hr. Rodman ............... 1B.Sq Addle. SI,SI/hr. OVERTIME PAY; See ( A E~ ~ V ) ON OVERTIME PAGE, *Doubletime paid on t~e 8~h ~our on Saturday. ~ee ( 5, 6. 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. OVERTIHE: See ( B, 6~ 8~ 11, 12, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS= (per hour paid) Journeyman $ 15.qO SURVEY U~EH - Heavv/H~hHav HAGES: (per hour) 9-15Db Prevailing~Rate Schedule OPage 28 NeN York State Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A 1/O1/O0 7/01/00 Survey Rates-Heavy/High,ay: Par~y Chief ............. $ 52.18 Addit. $5.22/hr. Ins~rumen~ Nan .......... 25.92 Addi~. $1.78/hr. Rodman .................. 25.Z2 Addit. $1.qg/hr. OVERTIME= See ( B, Ex. Q, V ) ON OVERTIME PAGE.' ~Bouble~ime paid on ~he 9~h hour on Saturday° HOLIDAYS= rAIU= See ( 5, 6, 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. OVERTIME= See ( 5, 6, 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. ~( 1 ) year terms a~ the following Nage rates. $ 9.97 2nd term lq.1~ SUPPLEMENTAL BENEFITS (per hour paid) Journeymen $ 15.qO Apprentice 8.65 9-15D-N/S co. SURVEY CREH - ConsuZtina CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying inspection or supervision of construction H~en ~erforme~ under a Consulting Engineer egreement. HAGES:(per hour) 7/01/1999 Survey Rates: Par~y Chief ......... $ 25.96 Instrument Man ...... 20.65 Rodman .............. 17.88 OVERTIME PAY= See ( D. E~ Q, V ) ON OVERTIME PAGE. ~Ooubletime paid on the 9th hour on Saturday. ~ee ( 5, 6~ 7, ll, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5~ 6, 7, ll, 16 ) on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS: (per hour paid) Journeyman $ 9.60 9-15dconsult ~ORE URILLING Prevail~gRa~e Schedule Page 29 NeH York S~a~e Department of Labor .................................. Case Number .................................. 0102q60 SUFFOLK 2000A HAGFS(per hour) 10/16/99 10/16/00 Core Drilling: Driller .............. $ 22.98 Addit. $1.25/hr. Helper ................ 19.22 Addit. $1.O0/hr. Note: Hazerdous Haste Pa~ Differential: For Level C, an additional $ 0.25 per hour For Level B. an additional .75 per hour For LevelA~ an additional 1.00 per hour Note: Mhen required to Nork on Ha~er: an additional $ 0.25 per hour. OVERTIME ?^y~ See ( B, E, K~, P, R~ ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: ~ See (5~ 6 ) on HOLIDAY PAGE. ~ See ( 8, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL D~NEFITS:tper hour Horked~ $ 7.69 b UP A ~ - ee h HAGES (per hour) 7-01-00- 8-01-00- 7-51-00 7-$1-01 Hell Driller: .......... $ 23.72 $ 2~.83 Hell Driller Helper:... 21.10 21.1~ ~ See [ B, E, G, P ) on OVERTIME PAGE. O~see ( 5, 6, 16, 25 ) on HOLIDAY PAGE. O~ERTIME: See ( 5, 6, 16, 25 ) on OVERTIME PAGE. 9-1556 SUPPLEMENTAL BENEFITS: {per hour worked) Journeyman .............. $ 8.65+ Overtime... $ 10.95 + 10% of rate 10% of ra~e Hazardous Haste Differential Level A ................. $ ~.00 p~r . hr o~er ra~e Level B ................. 2.00 . Level C ................. 1.00 " " ,t It q-l~8well p 0 OPage $0 revaiiing Ra~e Schedule NeH York State Department o~ Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A o EN[ 0 - d-n A ":Crane, Truck Crane, Derrick, Dragline, Dredge, CraHler Crane, ToNer Crane. Pile Driver. ~LASS "B~': Asphalt Spreader, Backhoe Crawlerz Boiler, Boring Machine, Cherry Picker [over 50 tons). Concrete Pump. Grada~l. Srader~ Hoist, Loading Machine (10 yds or more). Milling Machine. Power Minch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel. Sideboom Tractor, Stone Spreader (Sel~ PropelIed), Tank Hork, Tower Crane Engineer. CLASS ~tC": Backhoe, Boom Truck, Bulldozer, Broin~ Machine/Auger, Cherry Hicker, Conveyor-Multi, Dinky Locomotive, Fork Lzft~ Hoist (2 Drum), Loading Machine 8 Front Loader. Mulch Machine (Machine ~ed), Power Hinches [All others not included in CLASS Al, Asphalt Roller. Hydraulic Pump with Borin~ Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machzne, Vermeer Cutter, Hork Boat. ~ Curb Machine, Maintenance Engineer (Small. E~uip. ~'~ell Point}, · anic, Milling Machine (Small). Pulvi-Hixer, rumps, Roller (Dirt), Vac-A~l, Helding/Burning~ Compressor (Structural Steel 82 or more in Battery), Concrete Fini-shing Machtne. Concrete Spreader~ Conveyor~ Curin~ Machine, Fireman, Hoist (One Drum). Ridge Cutter, Stripzng Machine, Heldzng Machine (Structura! Steel S Pile Mork). CLASS "E'~= Compressor (Pile~ Crane, Stone Setting)~ Concrete Breaker/Saw Cu~ter, Hork Li~t (Halk Behznd/Power Operated)~ Generator (Pile Hork). Hydra Hammer. Hand Operated Mechanical Compactors. Pzn Puiler~ Portable Heater. Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 5 znches/Gypsum/Double Action Diaphragm, Hand Trenching Machzne, Helding Machine. Class ~F~': Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Hump [Centrifugal up to ~ inches), Root Cutter, Stump Chipper, Oiler on ToHer Crane, Track Tamper, Tractor, Vibrator, Deckhand onHork Boat. HAGES (per hour) 7-01-00- 5-31-01 Class "A" ~Add $$.50--- --------- -f°r'Hazard°US'HasteS 3q.35~ Hork Class" B" ............... 32.35~ ~Add $2.50 for Hazardous Haste Hork Class "C" ............... $0.60~ NAdd $1.50 ~or Hazardous Haste Hork Class" D" ............... 29.44 Class" E" ............... 27.[0 Class "F" ............... 25.93 ~Cranes : Boom length over 100 ~ot a~d $ 0.50 p~r h~ur " " 150 $ 0.75 " " " " 250 " " $ 1.00 " " ,, ,, i, " 350 r, " $ 1.50 " " ~ See ( D, 0 ) on OVERTIME PAGE. ~See ( 5, 6, 7, 8, 11, ) on HOLIDAY PAGE.~ MMm~ork day before ~ day a~ter, or receive 2 hours per intermittent day Page Prevail~l"~g Rate Schedule NeN York State Department of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A OVERTINE: See ( 5, 6, 7, 8, 11, ) on 0VERTINE PAGE.~ APPRENTICE ( I ) year terms at the ~olloNing rates~ 1st yr .............. $ 16.74 2nd yr .............. 17.qZ 3rd yr .............. 17.9q SUPPLENENTAL BENEFITS= (per hour Norked) Journeyman ......... $ 21.9q Note Note:OVERT~ME Journeyman Z~.90 Apprentice .......... 15.19 Note Note:OVERTIME Apprentice 8.~0 q-1~8 0 u F P Al - eav / ' h a V : ~e, Truck Crane, Derrick, Dragline, Dredge, CraNler Crane, ToNer Crane. Pile Driver. ~LASS "B";. Asphalt Spreader, Backhoe CraN[er~ Boiler, Boring Machine, Cherry P~cKer lover BO tons), Concrete pu~p~ Gradall, Grader~ Hoist Loading Machine (lO yds or more). Hilling Machine. Poker Hinch-S~one Setting/Structural Steel/Truck Mounted, PoNerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Sel~ PropelIed), Tank Mork, Track AllgnmentMachine. CLASS "C"~ Backhoe, Boom Truck. Bulldozer, Borin~ Machine/Auger, Cherry P~cker, Conveyor-Multi, Dinky Locomotive, Fork Lz~t, Hoist (2 Drum), Loading Machine and Front Loader. Mulch Machine (Machine ~ed), Poker Hinches (All others not included in CLASS B), Asphalt Roller, Hydraulic Pu~o kith Boring Machine, Scoop, Carryall, Scraper~ Maint. Man on ToNer Crane,Trenching Machine, Vermaer Cut,er, Nork Boat. ~A$S D : Curb Machine, Maintenance Engineer (Small E~uip. & Hell Point), d F~eZd Mechanic, Milling Machine (Smal[)~ Pulvi-Mixer~ Pumps, Roller (Dirt)~ Vac-All, He[ding/Burning, Compressor (Structural Steel &Z or more in Battery), Concrete Finishzng Machzne, Concrete Spreader, Conveyor, Curing Machine~ Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Heldlng Machine (Structural Steel & Pile Hork). CLASS 'E': Cor~oressor (Pile~ Crane, Stone Setting)~ Concrete Breaker/SaN Cu~eP, HoPk Li~t (Halk Behznd, Poker Operated), Generator (Pile Hork), Hydra Hammer. Hand Operated Mechanical Compactors. Pin Pullerz Portable Heater. Poker-Broom/Buggy/Grinders, Pumps-Single Action i to 5 znches/Gypsum/Double Action Diaphragm, Hand Trenching Nachzne, Helding Machine. Class 'F': Batching Plant, Generator~ Srinder~ Hixer, Mulching Machine, Oiler, Pump [~en~ri~ugal up ~o ~ inches), Root Cutter, Stur~ Chipper, Oiler on ToNer Crane, Track Tamper, Tractor, Vibrator, Deckhand onHork Boat. Class ' G ': Lead Tec TV Cram. Cla~s" H ": Hat Out Tec. Class" ! ": Technician. Boiler Operator= it Page Prevail Ra~e Schedule New York S~a~e Department of Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A HAGES (per hour) 7-01-00- 5-31-01 Class . A" ............... $ $5.28~ ~Add $5.50 for Hazardous Has~e Hork ~Add $2.50 for Hazardous Has~e Class "C tl ............. ~Add $1.50 for Hazardous Has~e Class , D . ............. Class , E . ............. Class , F . ............. Class "G ' ............. Class . H . ............. Class . I ' ............. Boiler Opera,or ......... ~Cranes : Boom lena~h, over 100 Hork. $0.95~ Hork. 29.78 27.45 26.27 29.17 29.17 28.00 28.58 foo( add. $ 0.50 p~r hour. ' $ 0.75 " ' ' $ 1.00 ' " . ' $ -1.50 " " NOTE: PREHIUH PAY 20% on sAraigh* (ime hours for NEM YORK STATE D.O.T. and o~her GOVERNMENTAL HANDATED off-shif( OVERTIME PAY: See ( D~ 0 ) on OVERTIME PAGE. S' ~S'see [ 5, 6~ 7, 8, ll ) on HOLIDAY PAGE.~ x~ mu--~E--Hork day before 8 day al(er or receive 2 hrs per intermi(~an( day OVERTIME: See ( 5, 6, 7, B, 11 ) on OVERTIME PAGE,~ APPRENTICE [ 1 ) year (erms a~ ~he folloHing ra(es; ls~ yr .................... $ 16.74 2nd yr .................... 17.42 5rd yr .................... 17.9q SUPPLEMENTAL BENEFITS: (pep hour Horked) Journeyman ............... No(e:OVERT[ME Journeyman. Apprentice ............... No(e: OVERT[HE Appren(~ce KL 51KU T N HAGES (per hour) Hydreuli¢ Dredge: Class A: Leverman ............. Class B: Engineer ............. Derrick Opera,or ..... Chief Na(e ........... Chief Helder ......... Elec(P[c[an .......... Fill Placer .......... Ass(.F[11 Placer ..... $ 21.9q No(e 25.90 15.19 No~e 8.40 10-01-99- 9-~0-00 26.68 25.51 25.51 25.18 25.80 22.82 23.18 21.29 4-158 Page Prevailtg~g Ra~e Schedule NeH York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102~60 SUFFOLK 2000A Boa* mas~er .......... Class C Maintenance Eng ...... Mate ................. Helder Dredge ........ Spider Barge Oper .... Boat Cap~ ............ S~eHard .............. Chief of Party ....... Class D Deckhand ............. Oiler ................ Pireman .............. Shoreman ............. Rodman ............... Tug Deckhand ......... 22.65 22.67 21.17 22.31 22.12 21.$2 21.12 21.17 17.0q 17.69 17.69 17.0q 17.04 17.26 OVERTIME: See ( B, F, R ) on OVERTIME PAGE. · HOLIDAY= PA[D: See (5,'6) 8~ 10, 15 ) on HOLIDAY PAGE. OVERTIME= See ( 5, 6, 8~ 10t 15 ) on OVERT[ME PAGE. The folloHing SUPPLEMENTAL BENEFITS apply *o ALL classifications. SUPPLEMENTAL BENEFITS= All Class A & B (per hour Horked) $ 4.46 ( OVERTIME $ 1.25 EXTRA ) plus 8% of HAGE All Class C All Class D $ 3.86 ( OVERTIME $ 0.95 EXTRA ) plus 82 of HAGE $ 3.26 ( OVERTIME $ 0.65 EXTRA ) plus 8Z of HAGE MAKINE CUNSTEUCilUN HASES (per hour) Dipper ~ Clamshell Dredges: Class A. 10-01-99- 9-~0-00 q-25a Prevail"~Ra~e,,,~ Schedule Page NeH York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102460 SUFFOLK 2000A Opera~or .......... $ 26.26 Class B: O~era~or II ....... 21.55 Engineer .......... 25.12 Bca~ Mas~er ....... 21.74 Class C: Maintenance Eng... 22.07 Ma~e .............. 20.57 Helder ............ 21.72 Boa~ Cap~ ......... 20.72 Chief of Par*y.. 20.57 Class Dr uiler ............. 17.59 Fireman ........... 17.59 Scowman ........... 16.75 Rodman ............ 16.75 Tug Deckhand ...... 16.96 Deckhand .......... 16.96 ~-' See ( 5, 6, 8, 10~ 15 ) on Holiday Page. ]~ See ( 5, 6, 8, 10,-15 ) on Over*ime Page.. SUPPLEMENTAL BENEF[TS: (per hour worked) Class A & B $ 4.46 ( OVERTIME $ 1.25 EXTRA ) plus 8Z of HAGE 8Z of wage Class C $ 5.86 ( OVERTIME $ 0.95 EXTRA ) plus 82 of HAGE Class D $ 5.26 ( OVERTIME $ 0.65 EXTRA ) plus 82 of HAGE 4-25/5 The following rate should be substituted for the corresponding rate in the current wage schedule in NASSAU and SUFFOLK COUNTIES. ELECTRICIAN -Telephone and Integrated Tele-Data Systems:* WAGES (per hour) 7-01-00- 4-28-01- 4-27-02- 4-27-01 4-26-02 4-25-03 Journeyman ........... $ 26.69 $ 27.69 $ 28.69 * This rate does not apply to construction of new buildings or major renovation of an existing building, in those cases the inside construction or regular electrician rate applies. Please call the He~pstead District Office at (516)485~4'878 -. ., regarding proper use of these rates. APPRENTICES: To be paid at the following percentage of the ,A" Journeyman's wage(S35.25 thru 6/30/01) 1st 2nd 2nd 3rd 4th 5th 6 mos. 6mos. year year year year 30% 35% 40% 50% 60% 70% OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See (1) on HOLIDAY PAGE. Overtime: See (5,6,11,12,16,25)) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman 47.5% + 47.5% + 47.5% + $ 0.56 $ 0.67 $ 0.83 App 1st yr 15% + $ 3.33** App 2nd yr 15% + $ 3.33** App 3rd yr 43.5% + $ 5.43** App 4th yr 43.5% + $ 5.43%* App 5th yr 43.5% + $ 5.43** App 6th yr 43.5% + $ 5.43** STAT~ OF NEW YORK , .'~l , ~UREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ I~IrATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new sckedules or for determination for additional occupations. Please type all information Requested Below 8UBM]'/-rED BY: [] CONTRACTING AGENCY a PUBLIC WORK DIb-~R]C~ OFFICE DATE (CHECK ONE) a ARCHITECT OR ENGINEERING FIRM Telephone: ( E-Mail: PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) Name and complete address (rq check if new or change) 2. O N.Y. State Units C~ 01 DOT r'l 02 C3 03 DORMITORYAUTHORITY [] 04 STATE UNIVEKSrI~ CONSTRUCTION FUND O 0S MENTAL HYGIENE FACILITIES CORP. ) Fax: ( ) [] 06 OTHER N.Y. STATE UNIT a o7 c~ty [] 08 Lo,al School District I~ 0g Special Local District, i.e.. fire. Sewer, Water District · . C] 10Village C3 11 Town a 42 County Q 13 Other NomN.Y. State (Describe) 3. SEND REPLY TO (rq check if new or change) Name and complete address Telephone: ( ) Fax: ( ) E-Mail: B. PROJECT PARTICULARS Project TITLE and/or description of work to be pedormed. Indude contract identification number, if applicable 7. Nature of Project- Check One [] 1. New Building [] 2. Addition to Existing Structure D 3. Heavy and Highway Construction (Newand Repair) [] 4. New Sewer or Waterline C3 5. Other New Construction (Explain) D 6. Other Reconstruction, Maintenance, Repair or Alteration C~ 7. Demolition . [] 8. BuildlngServlceContract g. Name and TRle of Requester 4. SERVICE REQUIRED. Cheek appropriate box and provide project information. [] New Schedule of Wages and Supplements. [] Additional Occupation and/or Redetermination IPRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT JOFFIC~ USE ONLY Location of Project: Location on Site Route No/Street Addres~ Village or Town County 8. OCCUPATION FOR PROJECT C3 Construction (Building, Heavy Highway/Sewer/Water) [] Tunnelling [] Residential [] Landscape Maintenance Elevator maintenance C3 Exterminators, Fumigators [] Guards, Watchmen [] Janitors, porters, cleaners [] Moving furnitureand equipment [] Trashand refuse removal [] Window cleaners [] Other (Describe) Signature OFFICE USE ONLY SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS STATE OF NEW YORK DEI'ARTMENT OF I~A~OR REQUIREMENTS OF ARTICI.F. 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor · listing the hourly rates for the- trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by comp!eting and forwarding th.e..Request for Wage and Supplement Information on the reverse side hereof. The prevadmg rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction~ includes a state department agency, board or commission; a county, 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 £mds 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 Secti.o~ 2.20-b and 235.2 of the Labor. Law to so notify the financial officer of the Department of Jurisdiction that awarded the pubhc work contract, Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the .unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. D~RATI; OF NEW YORK TMENT OF LABOR B~re~ of Public Work STATE OFFICE BUILDING CAMPtJS - Notice to ALL Contracting Agencies- Your attention is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends Section 220 (3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages." The bill further requires that the sign by weatherproof. The bill takes effect on March 6, 2000. Signed into law on September 7, 1999. Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. Onthe reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and subcontractors working on public work projects. Text of New York State Bill A01839 STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORI~ REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section I Paragraph a of subdivision 3-a of section 110 of the labor 2 law as mended by chapter 565 of the law as of 1997, is amended to read 3 as follows: 4 a. It shall be the duty of the department of jurisdiction as defined 5 in this section to ascertain from the plans and specifications for clas- 6 sification of workmen, mechanics and labom~ to be employed on such 7 project. Such depanmont shall file with the fiscal officer, as detirted 8 in this section, the classification of woriunen, mechanics and laborers 9 to be employed upon such public works project, tog~her with a statement 10 of the work to be performed by each such classification. From such I 1 statement it shall be the duty of the fiscal officer to make a proper 12 classification 'of such worknm~, mechanics and labore~ taking into 13 account whether tbework is heavy and highway, building, sewer and 14 water, tunnel work or t~identiat and to make a determination of the 15 schedules of wages and supplements to be paid or provided, as the ease 16 may be, therefore. The contractor arat every sub-contractor on public 17 works contracts shall post in a prominent and eecessthle plaon ca the 18 site (of the work) WHERE THE WORK IS PERFORMED a legible statement of 19 all wage rates and sppplemeats as specified in the eoatract to be paid 20 or provided, as tl~ case may be, for the various classes of mechanics, 21 workingmen, or laborers employed on thework SUCH POSTED STATEMENISHALL 22 BE WRITI'EN IN PLAIN ENGLISH AND TITLED, IN LETTERING NO SMALLER 23 THAN TWO INCHES IN HEIGHT AND TWO INCHES IN WIDTH, WITH THE pHRASE 24 'PREVAILING RATE OF WAGES' SUCH POSTED STATEMENT SHALL BE CONSTRUCTED EXPLANATION: Matter in ITALICS (underscored) is new. Matter In brackets 0 is old law to be emitted LBD04:89-01-9 P~ge 2 I OF MATERIALS CAPABLE OF WITHSTANDING ADVERSE WEATHER CONDITIONS 3 transcripts thereof, subscribed and affirmed by him as tn~ under the I I the commissior~r or his designed representative such original payrolls or 12 transcripts thereof, subscribed and affirmed by him as tree under the Ixamlties 13 of pe~uDt, as may he deemed necessapJ to adequately enforce thc provisions 14 of this article. Every contractor and sub-contractor shall submit to the 15 department of jurisdiction within thirty days after issuance of its first payroll 16 and eve~ thirty days thereafter. A transcript of the original payroll record 17 as provided by this article, subscribed and affirmed asLrue under the penalties 18 of purju~y. The de~partment of jurisdiction, as herein referred to shall be the 19 department of the state, board or officer in the state, or municipal corporation or 20 commission or board appointed pursuant to law, whose duty it is to prepare 21 or direct the preparation of the plans and specifications for a public work project. BUILDING TRA~ RATIOS (ALPHABETICALLY) .,Title Trade Code Rpti9 Boilermaker (Construction) 15-333 Boilermaker 33-016 Bricklayer, Hason & Plasterer 11-274 Bricklayer-Mason 11-025 Cabinetmaker 44-033 Carpenter 12-037 Cement Finisher or Cement Mason 11-038 Const Inspector (Hwy & Traffic Con) 18-504 Dry Wall Taper 14-349 Electrical (Outside) Line Worker 17-071 Electrician 17-072 Elevator/Escalator Construction & Modernizer 18-541 Glazier 16-087 Insulation & Asbestos Worke~ 18-006 Iron Worker 15-221 Laborer (See Skilled Construction Craf~ Laborer) Lather (Carpenter) 14- ~, ~,~. Lather (Wood, Wire & Hetal) 14-114 Linoleum & Resilient Tile Layer 16-115 Linoleum, Resilient Tile & Carpet L 16-117 Harble, Carver, Cutter & Setter 11-136 Hi,wright 32-143 Op Engineer (Grade & Paving Equip) 18-286 Op Engineer (Heaw Duty Repairer) 18-288 Op Engineer (Heaw Equipment) 18-318 Op Engineer (Universal Equipment) 18-285 Ornamental Iron Worker 15-154 Painter & Decorator 14-156 Painter, Decorator & Paperhanger 14-157 Paperhanger 14-357 Pipefitter 13-176 Plasterer 14-178 Plumber & Plpefitter 13-363 Plumber & Steamfitter 13-181 Plumber (Residential) 13-366 Plumber 13-180 Pointer, Caulker & Cleaner 11-282 Rodperson 89-476 Roofer 15-194 Safety Technician Painting 14-528 Sheet Metal Worker 15-201 Skilled Construction Craft Laborer 18-514 · Sprinkler Fitter 13-334 Steamfitter ~ 13-215 Stone Hason 11-219 Tile Setter 16-226 Tile, Marble & Terrazzo Finisher 16-497 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:6 1:1,1:4 1:1,1:5 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:5 1:1,1:5 I:1,1:5 1:1,1:5 1:I,1:4 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:3 1:i,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 1:1 1:1,1:3 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:4 1:1,1:4 2/4/00 - Please call Apprentice Training Central Office at (518) 457-6820, if yo~J have any questions. COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Beach Access Stairway: M-I 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (2) (3) (4) (5) (6) The contractor will not discriminate against any employee or applicant for employment because of race, c~eed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Beach Access Stairway: M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, .however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 .Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent repo~s 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. Beach Access Stairway: M-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. t 0925, or the clause contained in section 201 of Executive Order No. ~1114; 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 rapresentstion, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (c) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Beach Access Stairway: M-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 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 from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor .A~lency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8_ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Beach Access Stairway: M-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service fie[d office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. Ail 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 sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. Beach Access Stairway: M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220~2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall pest in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220~3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor bythe Stata 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; Beach Access Stairway: M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust 'hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Beach Access Stairway: M-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: ao The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. Co The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal emplOYment opportunities without discrimination because of race, creed, color, or national origin. Beach Access Stairway: N-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agen;y until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted bythe Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shale promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Beach Access Stairway: N-2 ELIZABETH A. NEVILLE TOWN CLERK REGISTtiAR 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 TO: FROM: DATE: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-$456 BROWNS'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 Jnly 16, 2001 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 3 If total transmittal is not received, please call 631 765-1800. COMMENTS: PLEASE ADVERTISE THE FOLLOWING BID AT YOU EARLIEST CONVENIENCE Bid Opening Date: 10:00 A.M., Thursday, August 9, 2001 Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: SUFFOLK TIMES - ATTENTION: CHRISTINA WEBER FROM: LYNDA M. BOHN DATE: 7/16/2001 RE: LEGAL NOTICES Number of pages being faxed 3 including cover page If total transmittal is not received, please call 631 765-1800. fax 631 765-6145 Two (2) Notices to Bidders: Stairway at Sound Drive Restroorn/Storage at Peconic Lane Law, that ~ea~d bids are soaght and requested for the construction of a New Beach Access Stairway at Sound DHve'(aim 67 steps) Greenpo~t. Bid sp~cificailons may be picked ~P at the Town Cle~k's ot~ce, 53095 Main Road. Southold, New York, Monday through Friday fxom 8:00 a.m. to 4:00 p.m. A f~e of $25.00 made payable to thc Southold Town Clerk will be required for a copy of the bid specifica- tions. No refunds will be made. The sealed bids, together wi~h a Non- Collusive Bid Certificate anti,Bid Bond or Certified Check in the amount of $% of ~he ba~ bid, will be received by ~be Town Cle~ of the To~e of Sou6wkl, at Ro~l, Saethold, New Yodc, uatil l~t~ a.m., 'l~ured~y, A~ta 9, ~01. at which time they will be opened and fe~l Tow~ of South~d re~fvez ~e right to reject my and ~11 bids and waive any and all infotmalifie~ in ~ny bid sbeuld it be deemed in the be~t interest of thc AU bida muat be ~aed and ~ded i~ I~ve, G~.~,~'t', ,md submitted to thc Office of the Tow~ Clerk. The bid pric~ shall ne~ include any tax. f~eral, STATE OF NEW YORK) )SS: _UNTY OF S,.UFI~OLK) A,~OJ'~,J~ ~,4~B/k,~.~.***- of Mattituck, in said county, being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- fished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said for [ of CHRfSTINA T. WEg£R N0ta~ Pubac, State 0i New York No. 01WE6034554 Co~mis$ion ~ix~ Decem~r Swom to befo~!~.rne this day of ~J L~ Newspaper once each week weeks successively, commencing the Iq day Principal Cl~'rk 2o0l STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk o(f~he Town of Southold, New York being duly sworn, says that on the / (fff4 day of t~'~ 2001 she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice to Bidders: Opening: Bid on the Construction of a New Beach Access Stairway at Sound Drive, Greenport. 10:00 A.M., Thursday, August 9, 2001 Sworn to be/f. qse me this ~Y °f NU~ot[~'2001 ~ Elizal~eth A. Ne{:ille Southold Town Clerk LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk Count,_ Term Expires March 8, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 215 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids to install a new stairway and landing at the end of Sound Drive, Greenport~ NY, in accordance with the plans and specifications prepared by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the construction of a New Beach Access Stairway at Sound Drive (aka 67 steps) Greeuport. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday tl~rough Friday from 8:00 a.m. to 4:00 p.m.. A fee of $25.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifications. No refunds will be made The sealed bids, together with a Non-Collusive Bid Certificate and Bid Bond or Certified Check in the amount of 5% of the base bid, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, August 9, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on the New Beach Access Stairway at Sound Drive, Greenport", 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: July 13,200l. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 19, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Thc Suffolk Times Town Board Menthers Town Attorney James McMahon Janfie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board