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Bulkhead West Road Restore
sSte eld Soclate$ inc. Hay 23, 2001 Contractors & Engineers Since 1968 56 South Country Road · P.O. Box 1229 Waathampton Beech, New York 1t978 phone:631-288-5100 fax: 631-288-5161 Town of Southold Supervisors Office P.O. Box 1179 $outhold, NY 11971 Attn: Supervisor 3ean W. Cochran Re: Bulkhead Reconstruction & Restoration at West Road Peconlc, NY Dear Supervisor Cochran: It has come to my attention that the Town Board is considering a change in consbuctlon material for the above-referenced project from Creosote treated lumber and piling to CCA treated material. ! feel this is a prudent and environmentally sound consideration and ! commend the proposal by the Town Board. To this end, Chesterfield Associates, [nc- would like to offer a reduction In its bid price from $35,700.00 to $32,900.00 for the use of CCA treated material In lieu of Creosote treated material. ! can be reached at (631) 288-5100 for any questions or comments you may have. Sincerely, New England Division: 123 West Shore Road · Westport Island, Maine 04578 · ph~: 207-882-6400 - fax: 207-882-9308 ~O'a 65:80 I00~ S un£ I9IS-88~-I['9:x~ DOSSU (lq3IJ~3ZS3H'3 ~0/05 '0] THU ]0:09 FAX 5]6 765 6145 SOUTHOLD CLERR ~001 *** TX REPORT TRANSMISSION OK TX/RX NO 2503 CONNECTION TEL CONNECTION ID Highway Dept ST. TIME 10/05 10:06 USAGE T 03'25 PGS. SENT 10 RESULT OK 7551750 LEGAL NOT~, ~C.E 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 ,Bulkhead Reconstructio, n.and.Restoratlon at West Road~Pee, onic. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday f~orn g:00 a.rn. to 4:00 p~m.. A fee of $25.00 made payable to tbe 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 cheek in the amount 0£5% of the 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 .1.0.;.00 A.M.. Thursday. May 10. 2001~ at wkich time they will be opened and read aloud in public. The Town Board of the Town of Sonthold 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 s~aled in envelopes plainly marked "Bid on the Bulkhead Reconstruction and Restoration at West Road, Peconie.", 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: February 13, 2001. ~L~:Tj TA~NEdc1LiLB~ ~~ 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 Bulkhead Reconstruction and Restoration at West Road. Peeonic. 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 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 mount of 5% of the 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 .10:0(~ p,.M.. Thursday. May 10. 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 Bulkhead Reconstruction and Restoration at West Road, Peconic.", 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: February 13, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 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 Town Trustees ONE (1) BID ONLY~CHESTERFIELD ASSOCIATES, PROPOSALFORM CONT. RECEIVED MAY 1 t'l ~nn~ Sou/bold Town Clerk FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION & REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written In wo~ds) (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 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 the receiving 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 exte.nd/~his ti~e.p~riod. S i"nature of Bidder' //~/~/~/ ~ ~ Business Address: ~(~ (~0~ I;~ Date: G-~/Io [01 Telephone Number: ~3(-&~- 5--IO0 BULKHEAD RECONSTRUCTION & RESTORATION C-2 PROPO~3AL FORM DATE: TO: NAME OF ~T///0/~P / BIDDER: / SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents (dated January 23, 2001) including bidding requirements, general and special conditions, specifications, contract documents, and addenda, if any (Note: Acknowledgment of addenda and their dates must be included as indicated on bottom page); and he proposed and agrees that if his proposal be accepted he will contract to furnish all labor & materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONIC, NEW YORK 11958 in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold 11971 and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION C-I 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 pad 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 ~'~o e.~o,o~{. ~.~-' ! L.~(oo r,~ ,'-; ~){~'~c-~--~ ,'" ;and, Ac 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, Bo 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: L,/4- q, ~,..~-~ ; 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 re~quired by~he.~e Bid Conditions. · -(Signature of Authorized epresentative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION 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 agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) Company Name ~j(¥,<:~ Bid on YEAR 2001 Bulkhead Reconstruction and Restoration at West Road, Peconic. Bid Bond BOND NO. RNSl13778 KNOW ALL ME~ BY THESE PRESENTS, thatwe CHESTERFIELD ASSOCIATES, INC. 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY 1197~ - ~ Pr)ncipal, hereina~er ~ll~ ~e Prin~l, and RLI _INSU~NCE CO~ 1 WORLD T~E CENTER; ~, ~ 10048 a ~ado. d~y mtg~m~z~ ~mde~ ~e ~ o~ ~he S~ ~ ILLINOIS ~ Sure~, hereinafter ~11~ the Sure~, are held and fi~iy ~und unto TO~ OF SOUTHOLDi T0~ CLE~S OFFICE 53095 ~IN ~., SOUTHOLD, ~ 11971 as Obltgee, hereina~er ~11~ ~ Oblige, in the sum of FIVE PERCENT OF TOTAL BID ~OUNT-- Dollam for ~e payment of whi~ sum well and truly ~ be made, ~e said Ptimdpal a~ ~e ~id Su~ bind ou~lv~, our helm, ~tom, administmtom, succes~rs and assigns, jointly and ~rally, firmly thee WH~REAS. t~ Pdn~oaLh~_submitt~'a bid for B~KHE~ f ~RECONSTRUCT1ON ~ RESTO~TION, ~ST RO~, PECO~IC ~[ of ~ a~ ~1 fumis~ in 1~ ~ti~ ~l, or in ~ ~l ~ ~ failu~ of b Pfi~i~ to en~r Sis.ed and sealed this 10TH day of MAY, 2001 C/~SENT OF SUR~'I~ RLI INSURANCE C~4PANY a corporation of TT,T,INOIS authorized to transact business in the State of NEW YORK hereby consents and agrees that if the accompanying proposal of CHEST~FI~,D ASSOCIATES, INC. to TOWN OF SOUTHOLD for BULKHEAD RECONSTRUCTIC~ AND RESTORATION AT WEST ~OAD, PECONIC, NY T~WN OF SOUTHOLD faithful fulfillment of said contract. be accepted and contract awarded to it, the RLI INSURANCE OC~PANY will becc~ bound, as Surety, and will execute bond in the amount and form called for by the conditioned for the proper and Dated this 10TH BY: day of MAY, RLI~RANCE~ 20 01 . ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK,) COUNTY OF d% ~c~lK) ON THE lOTH DAY OF IctAY . ., 2001, BEFORE BE -. PERSONALLY CAME q~.~:~...~'tl m,~ TO ME ,K~NOWN,_WHO BEING B~ ME'EULY SWORN, DID DEPOSE AND SAY THAT .(S]HE RESIDES AT ' ~s~ ~, ~' ' ,THAT '(S)HEIS THE · ' V'~6'~ Orcs'~ 'OF ' "' ' . "'"' ' ': CNSS~I~L~ ASSOCZAZ~S,: ZNC.. ,THE .CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT;AN¢ THAE (S)HE SIGNED 'HiS/HER NAME THER~Q BY 'OBDER OF THE BOARD OF DIRECTORS OF-SAID CORPORATION. JE~ E. GRUBE ' ~ ~blic, ~e of N~ Yo~ / ' ' 'No. 01G~071593 ' ~ ~ Q~lifi~ in S~Jk Cou~ . ~mi~ion ~r~Jon. ]3, 20~ ~ ~C . 'ACKN'OWLEDGEMENT Ot:: $ URE'TY STATE OF NEW YORK,) COUNTY OF NASSAU,) ONTHE 10TH DAY OF mY , 2001, BEFORE ME PERSONALLY.CAME, 'DAvT'D'A, ~OLDSTEZN TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DE?.OSE AND SAY THAT iS)HE RESIDES AT ~ERHZCf~. t,T'Z , THAT (S)HE I~ THE A%ORNEY-IN-FACT OF RT,T TN~J]RA~eE en~ANY fl · '..' '" ' ."" ': '. '" ' '"' "''~HECORPORA~IONDESCR1BED 'iN AND WHICH EXECUTED TH'E ABOVE'I~S' JMENT;AND ~HA~J(SJHE SIGNED."HI~ NAME: . ' ' THER~O BY ORDER OF.EHE BO~ C~O~S ~F~AID ~RPORA~ON. '. FERN ~ERRY / ? ~ . I /~ ' ~ Notary PubLic, S,ate of New York [ / j / ~ ~ ~ No 01PE4982178 ~ '-~ ~ /~ Qualifie~ in Nassau County~ ~ /~ ~' Commission Expires ~ay 2B, 20 ~ Public POWER OF ATTORNEY 9025 N Lindbergh Dr. · Peoria, IL 61615 Know All Men by These Presents: BOND NO. RNS- 1 1 3 7 7 8 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint GEORGE O. BREWSTER, DAVID A. GOLDSTEIN, NANCY B. SCHNEE, FERN PEP, RY. GAYE CONKLIN in the City of JERICHO , State of NEW YORK its true and lawful Agent and Attorney-in-Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney-in-Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company, The corporate seal is not r*ecesSary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. Thc sign~it~ure of any such officer and the corporate seal may be printed by facsimile.' (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January, 1999. State of Illinois ) ) SS County of Peoria ) On this 1st day of January, 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowI- edged said instrument to be the voluntary act and deed of said corporation. q Notary Public "OFFICIAL SEAL" CYNTHIA $. DOHM NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPtRfiS 02/24/02 CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corpora- tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this day of IWA¥ O ZOO! RLi INSURANCE COMP~ ~~ President SPA030 (6/99) P.O. 8ox 3567 RLI Insurance Company December 31, 2000 Admitted Assets Investments: Fixed Maturities ....................... $ 227,480.750 Equity securities ....................... 346,868,431 Short-term investments .................. 33.001.187 Real estate ............................. 6,106,743 Cash on hand and on deposit ................. (8,324, S47) Other invested assets ...................... 10,711,984 Agents' balances ......................... 24.982,040 Investment income due and accrued ............ 4,336.538 Funds held ................ 101,018 Reinsurance recoverable on paid losses .......... 8,869,143 Electronic data processing equipment, net of accumulated depreciation ............ 4,548,629 Receivable from affiliates .................... 5,578.754 Other admitted assets ..................... 26~658~700 Total Admitted Assets ..................... ~ 691,919~070 Liabilities and Surplus Reserve for unpaid losses and loss Unearned premiums ..................... 115,620,205 Accrued expenses ...................... 12!211,660 Faders[ income taxes payable .............. 650,428 Funds held ........................... 1,773.515 Amounts withheld ...................... 5.061,919 Statutory penalties ...................... 13,957,000 Borrowed money and accrued interest ......... 40.921,210 Drafts outstanding ........................ 234,163 Other Liabilities ........................... 462~967 Total Liabilities ........................... $ 389t134.~,77 Surplus: Common stock ........................ $ 10.000,375 Additional paid-in capita[ .................. 52,575,474 Unassigned surplus ..................... 240~208,244 Total Surplus ............................ $ 302.784,093 State of Illinois ~ County of Peoria ~$$' The unEers/gned, being duly sworn, says: That he is the Pres/dent of RLI Insurance Company; that sam Company i$ a corporation duly organized, ex/sting and engaged in business in the State of and has duly compiled w/th ail the requirements of the laws of said State applicable of said Company and is duly qua/fi/ed to act as Surety under such laws; that said Company has a/so compiled w/th and/$ duly qua/fi/ed to act as Surety under the Act of Congress approved July 1947, 6U.S. C sec. 6-13; and that to the best of his knowledge and belief the above statement ia full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2000. Attest: Corporate Seal Affixed ~~ ~¢~~President, CEO Jonathan E, Michael Camille J. ~ensey ~ Sworn to before me this 15th day of February 2001. Ci~erie t. Mont~omerf d d~State of Illinois M0058200 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING BULKHEAD RECONSTRUCTION & RESTORATION Bid Opening 5/10/01 at 10:00 A.M. One bid was received: Chesterfield Associates, Inc. $35,700.00 P. O. Box 1229 56 South Country Road Westhampton Beach, NY 11978 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 Bulkhead Reconstruction and Restoration at West Road, Peconic. 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 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 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, May 10, 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 Bulkhead Reconstruction and Restoration at West Road, Peconic.", 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: February 13, 2001. ELIZABETH A, NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 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 Town Trustees Data Cnn~tmctlon RECEIVED PROPOSAL FORM CONT. iUY '~ n 200] Southold tow,, Clerk FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION & REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in wo~ds) (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 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 the receiving 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 exte.nd~is fi~ne~;~riod. Signature of Bidder: //~~~'~ ,' ~ Business Address: ~) 0 (5~ ~. I;~.q Telephone Number: BULKHEAD RECONSTRUCTION & RESTORATION C-2 PROPOSAL FORM DATE: TO: ~ NAME OF ~ 0/~ / BIDDER: / / SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents (dated January 23, 2001) including bidding requirements, general and special conditions, specifications, contract documents, and addenda, if any (Note: Acknowledgment of addenda and their dates must be included as indicated on bottom page); and he proposed and agrees that if his proposal be accepted he will contract to furnish all labor & materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONIC, NEW YORK 11958 in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold 11971 and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION C-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: .... ~ J_ r~C . It intends to use the following listed construction trades in the work under the contract --'~o ~4~o,J~ [ ~c~ : I b.~ (oor,~ r / ~ ~e.c ~.~ ,~ ; and, Ao 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: 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.,the)~e Bid Conditions. (Signature of Authorized Representative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION ]3-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Corporate Title) (if any) Bid on YEAR 2001 Bulkhead Reconstruction and Restoration at West Road, Peconic. /&lA Document A310 Bid Bond BOND NO. RNSl13778 KNOW ALL M~N BY THESE PRESENTS, th:,,twe CHESTERFIELD ASSOCIATES, INC. 56 S. COUNTRY ROAD, WESTHAMPTON BEACH, NY 1197~ · ~s Pr!ncipa[, hereinaf'~er called the Principal, and RLI .INSURANCE COMPANY 1 WORLD TRADE CENTER; NY, NY 10048 a corpota6on duly organized onder the Jaw~ Of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD, TOWN CLERKS OFFICE 53095 MAIN RD., SOUT~OLD, NY 11971 a~ ObliEee, hereinafte~ caUed the Ohi~e~, in the ~um o~ FIVE PERCENT OF TOTAL BID AMOUNT-- Dollars {$ 57o OF BID ), for the payment of which sum well and truly to be made, the said Principal ar~l the said Surety, bind oumelves, our heirs, executors, administrators, successors and a~sign% jointly and severally, firmly by these presents. WH~:REAS~ the Pdoc~oaLba~ submitted'a bid ~or BULKHEAD! RECONSTRUCTION ~ ~ f. II ~m~. ~[.~ ~ ~.~,.l~ .I ~m~e~3 AND RESTORATION, WEST ROAD, PECO~IC m ~ ~ wi~ ~ a~ ~ent sum~ ~r t~ lai~ful ~ al ~ ~nui~ ~ for ~ In f~lJ tor~ a~ e~ Signed and seale~ thi~ 10TH day of MAY, 2001 CHESTERFIELD/ASSOCIATES, INC. RLI 'INSURANCE COMPANY DAVID A. GOLDSTEIN-ATTORNEY-IN-FACT RLI INSURANCE CC~PANY a corporation of ILLINOIS authorized to transact business in the State of NEW YORK hereby consents and agrees that if the acc~,t~m~ying proposal of CHE~'I'~Fr~T.D ASSOCIATES, INC. to TOWN OF SOUTHOLD for BULKHEAD ~CONSTRDc.'iON AND RESTORATION AT WEST ROAD, PECONIC, NY ~mDRMANCE/PAYSS~%~ TOWN OF SOUTHOLD be accepted and contract awarded to it, the RLI INSURANCE OC~PANY will become bound, as Surety, and will execute bond in the amount and form called for by the conditioned for the proper and faithful fulfillment of said contract. Dated this 10TH day of MAY, 20 01 . ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK,) COUNTY ON THE 10TH DAY OF ~¢¢¥ .. ,2001, BEFORE BE PERSONALLY CAME ~ e..-f/-,'~..~.ll mq TO ME .K_NOWN,_WHO, BEING By ME DULY SWORN, DiD DEPOSE AND SAY THAT (S)HE RES DES'AT '(S)HE IS THE · ' V't'6'¢ prc~+ "OF ' "' ' .'" "": : CHESTERFIELD ASSOCIATES,.' INC.. .,'THE.CORPORATION DESCRIBED iN AND WHICH EXECUTED THE ABOVE INSTRUMENT; A'NEJ.THA! (S)HE SIGNED · HIS/HER N~ME THERETO BY 'ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATI.ON. JEFPREY E. GRUBE" I',k:~ar~ Public, State of New Yor~ '~ Qualified Jn Suffolk Counh, Commi~ion Expires Jan. 13, 20~,,% ~Ot F)ublic 'ACKN'C~WLE:DGEMENT OF 'SuRE:fY STATE OF NEW YORK,) COUNTY OF NASSAU,) ONTHE lOTH DAY OF DAVID' A. GOLDSTEIN MAY , 2001, BEFORE ME PERSONAELY. CAME TO ME KNOWN, W.HO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THATiSJHE RESIDES AT . MERRICk, NY , THAT (S)HE I~ THE' ATTORNEY-IN-FACT OF RLT [N~IIRA1XlCK finMPAX¥ fl .. .' .'~ .. '.' .. . r~ ....' ' '-" "''~HECORPDRA~IONDESCRBED 'IN AND WHICH ExSCUT~D THE ABOVE'I~S~ ~UMENT; AND.~HA~/(S)HE SIGNED."HI~ NAME: . '" THER~O BY O'RDER OF/HE BOA~ ~CTO~S dF SAID ~RPORA~ON. ' . ' FE~NP~RRV / ,~ . . I .~ ' ' NotaryPu~li~,SmteofNewYor~{ /"~' ~.~ ~~ ~ No 01P~4~SP178 I -~ ~ /~ ~ Qua/ifie~ in N~s~a~ County.. ~ . ~' ~ -- ' - Commission Expires M~y 28, 20 uz ~ Public POWER OF ATTORNEY 9025 N. Lindbergh Dr, · Peoria, IL 61616 KnowAll Men by These Presents: BOND NO. RNS- 1 J 3 7 7 8 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint GEORGE O. BP~EWSTER, DAVID A. GOLDSTEIN, NANCY B. SCHNEE, FERN PERRY, GA'YE CONKLIN in the City of JERICHO , State of NEW YORK its true and lawful Agent and Attorney-in-Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000) for any single obligation. The acknowledgement and execution of such bond by the said Attorney-in-Fact shall be as binding upon this Company as if such boud had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, may appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity} IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of January, 199~9. State of Illinois ) ) SS County of Peoria ) On this~day of JanuarY, 1999, before me, a Notary Public, per- sonally appeared Jonathan E. Michael, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. "OFFICIAL SEAL" CYIqTHIA S. DOHM NOTARY PUBUC, STATE OF ILLINOIS MY CO~I~SION EXPIRES 02124/02 RLI INSURANCE COMPANY President CERTIFICATE I, the undersigned officer of RL1 Insurance Company, a stock corpora tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this day of IP, A¥ 1 O 2001 SPA030 (6/99) P.O. 8ox 3367 Peoria, II/i~ob 61612-3367 [305) 632- l~O0 RLI Insurance Company December 31, 2000 Admitted Assets Investments: Fixed Maturitles ....................... t 227,480,750 Equity securities ....................... 346,86g.431 Short-term investments .................. 33.001,187 Real estate ............................. 6,106,743 Cash on hand and on deposit ................. (8,324,847) Other invested assets ...................... 10.711,384 Agents' balsnces ......................... 24,982,~40 investment income due and accrued ............ 4,336,538 Funds held ................ 101,018 Reinsurance recoverable on paid losses .......... 8,869.143 Electronic data processing equipment. net of accumulated de0reciatlon ............ 4,548,629 Receivable from a{filiates .................... 6,578,754 Other admitted assets ..................... 26~658~?00 Total Admitted Assets ..................... $ 691,919.070 Liabilities and Surplus Lie bi[itJes: Reserve for unpaid losses and loss adjustment expenses .................. $ 198,241.920 Unearned premiums ..................... 115,$20,205 Accrued expenses ...................... 12,211,660 Federal income [axes payable .............. 650,428 Funds held ........................... 1,773,515 Amounts withheld ...................... 5,061,919 Statutory penalties ...................... 13,957,000 Borrowed money and accrued interest ......... 40.g21,2 ! 0 Dr~fts outstanding ........................ 234,163 Oti~er LJa b/lit/es ........................... 462rg5_7 To.al Liabilities ........................... $ 389r134r977. Surplus; Common stock ........................ $ 10,000,375 Additional paid-in capital ................. 52.575,474 Unassigned surplus .................... 240120g~244. Total Surplus ........................... $ 302.784,093 Total L~ebililies and Surplus .................. $ 69 ~9 9~07q State of Illinois County of Peoria 7-he undersigned, being duly sworn, says: That he i$ the President of RI/Insurance Company; that said Company i$ a corporation duly organized, existing and engaged in bus/ness in the State of ~e~r ¥or1¢ and has duly compiled w/th ail the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has a/so compiled w/th and/$ duly qua/if/ed to act aa Surety under the Act of Congress approved July 1547, gU. S. C sec. 6-13; and that to the best of his knowledge and belief the above statement is full, true, and corTect statement of the financial condition of the said Company on the 31st day of December 2000. Attest: Corporate Seal Al'fixed Jonathan E. Michael Camille ~. ~/ensey CEO Sworn to before me this lEth day of February 2001. "OFFICIAL SEAL" notarial C~ene L Mont~ome[Y ' ' · · ' ' 2 /~ State of Illinois My commission £xplre$ February 2, 004 ~.~ M0058200 BID ON BULKHEAD RECONSTRUCTION/WEST ROAD BID OPENING: MAY 10, 2001 Contact Name Bi-County Construction Greg Couch Chesterfield Associates Heaney Marine Construction Ronback Marine Contract., Corp. Robert Conway Company & Address 21 Commercial Blvd. Medford, NY 11763 PO Box 1229 Westhampton Beach, NY 11978 141 Bay Ave. Greenport, NY 11944 259 S. Bayview Avenue Amityville, NY 11701 Phone/Fax 631-732-0800 (F)631-732-1103 631-288-5100 631-477-1705 516-264-3522 (F)516-264-3524 Latham, Sand & Gravel PO Box 608 631-323-2585 Orient, NY 11957 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 TOW~q CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 144 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 13, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids to install a new bulkhead at the end of West Road, Cutchogue, New York, in accordance with the plans and specifications prepared by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE TO BIDDEKS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the Oeneral Municipal Law, that sealed bids are sought and requested for the Bulkhead' Reconstruction and Restoration at West Road, Peconic. Bid specifications may be picked up at the Town Clerk's office, 53~95 Main Road, Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p~m. A fee of $25.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifications. No refunds will be made. The sealed bids, tcgether with a Non~Colinsive Bid Certificate and bid bond or certified check in the amount of 5% of the bid, wiU be received by the Town Clerk of thc Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold. New York, until 10:00 a.m., Thursday, May 10, 2001. at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the ~ight to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed ~n enve opes plain y marked B~d on the Bulkhead Reconstruction and Restoration of West Road, Peconic~, and submitted to the Office of the Town Clerk. The bid price shall not include any tax. fe,,deral, state, or local, from which the Town of Southold is exempt. ~ Dated: Februnsy 13, 2001 ELIZu~BETH A. N'EV~LLE SouTHOLD TOWN CLERK ~8~-IT^L9 STATE OF NEW YORK) APR 2 4 21301 )ss: COUNTY OF SUF, FOLK) ' "'"~'~ ~w, ~'~J~f~.UI ~'~--J~ of Maffituck, in said ~un~, ~i~g ~u~ sworn, ~ys ~at ~she is Pdndpal cle~ of THE SUFFOLK TIMES, a w~ ne~r, pub- lish~ at Maff~k, in the T~n of ~, C~n~ of Suffolk a~ S~te of New Yo~, and ~at the Nofl~ of ~ich the annex~ is a pdnt~ ~y, ~s ~n ~ula~ pu~ lished in said Newspa~r once each week for j w~ks su~ssiv~ly, comme~ing on the J L~ day of 2o . Ce;:miss~on E~ires Deemer 13, ~ ( Sworn to ~fore me mis ~ ~ day of ~ ~ 20 0~_ o4/2o,'2OOl o9:11 FAX 1800875,5329 Br'ov,,n'$/CMD(].) ~002 l,~pecial CMD BULLETIN ~ ~rsday, May 10, 2001 TOWN OF SOUTHOLD-BULKHEAD (Alteration) West Road Peconlc, SUffolk CO.. NY $~ope Notes 340107814-04 BIDS: 05/10/2001 10:00 AM Value: $250.000 (CMD esl) I Sonda Bids To Plans & Deposit Bid: 5% Poff: 100% Pay; 100% Owner From Owner $25 No Refund Bulkhead Reco~structlon & Fte~boration A: West Road 1 Plans & Specs May Be Picked From Monday To Fdday, 8:00 AM To 4:00 PM Town Of Southold 5:3095 Main Rd Southold NY 11971-4642. Ph §31/765-1800, Fax 631/765-6145; Betty Neville Town Of Southold 63095 Main Rd Southold NY 11971-4642, Ph 631/765-1800, Fax 631/765-6145; Betty Nevltle CMD Inc, 30 Technology Pkwy S St~ 100 Norcross GA 30092 - Ph 770/417.4000 0412012001 1 COpyright ~ 2001, CMD Inc. All rights reserved~ o4/20/2OOl 09:]o FAX 180o8755329 Brown' s/CMD{ 1) SOUTH012) CLERK ~ ooi Hall, .~o~5 ~ai~ P. oaa P.O. B~ 1179 8ought, New york 11971 F~ (~13 76~6145 Te~phone (611) 7~-1~0 TO.' FRoNI: DATE'. RE: OFlvICE O~ 'I'** ~ CrO'~ CLERK TOWN OF 8OUTHOLD FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS,293-5456 BROWNS'5 LETTERS 244,.9576 BURRELLE'S IN'FO - 800 5243319 DATA.C~ONSTRUCTION 888 232e9- 941 BETTY NEVILLE, $outhold Town Clerk Tele~ 631 765-1800; f=x 765-6145 April 16, "BIDS" AD vfF_~TI,q]gMENT(~3-B L 1 C ATI O N Numbc~ ofPag~ (/ncluding cover): 2 If ~ta~ ~anm~.'ttal is not received, pl~o call 631 765-1800. COMME2Cg5: PLEASE ADVERTISE THE FOLLOV~NG BI]) AT YOU EAI~LIEST CONVENIENCE Bid Openiug Da~:. 10:00 A...,~L. Thursthy. May 10~ 2001 Pleaze acknowledge mcdpt af thi.~ information by dgnlng bolow ~ud raur-i~i a faxed copy to, me at 631 765-61A5, aita~.tion: BettyNevUlc. Thauk you, 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 Bulkhead Reconstruction and Restoration at West Road, Peconic. 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 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 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, May 10, 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 Bulkhead Reconstruction and Restoration at West Road, Peconic.", 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: February 13, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 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 Town Trustees Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Company Name Bid on YEAR 2001 Bulkhead Reconstruction and Restoration at West Road, Peconic. INVITATION TO BIDDERS: BULKHEAD RECONSTRUCTION & RESTORATION WEST ROAD PECONIC, NEW YORK WICKHAM CREEK WEST ROAD PECONIC, NEW YORK 11958 JANUARY 23, 2001 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL SOUTHOLD PROJECT DESCRIPTION WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONIC, NEW YORK 11958 THIS PROJECT INCLUDES THE EXCAVATION AND ROMOVAL OF THE EXISTING TIMBER BULKHEAD AND DEAD MAN SYSTEM. SUBSTITUTIONS FOR MATERIALS SPECIFIED SHALL BE SUBJECT TO THE APPROVAL OF THE HIGHWAY SUPERINTENDENT. GENERAL DESCRIPTION: INSTALLATION OF APPROXIMATELY FIFTY FIVE (55') FEET OF NEW TIMBER BULKHEAD. NEW CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE TYPICAL BULKHEAD SECTION. (SEE TYPICAL SECTION SHEET # A-I). EXCAVATE TO A DEPTH OF 2'-0" BELOW EXISTING MUD LINE BEHIND ALL NEW SHEATHING FOR INSTALLATION OF FILTER CLOTH. ALL EXCAVATED MATERIAL SHALL BE PLACED ON SITE WITH SILT FENCE AND HAY BAILS AT THE PERIMETER TO PREVENT RUNOFF FROM ENTERING TIDAL AREAS. BULKHEAD AREAS REQUIRING WORK SHALL HAVE ONE LAYER OF FILTER FABRIC INSTALLED BEHIND ALL NEW SHEATHING. INSTALLATION SHALL BE CONTINUOUS WITH A MINIMUM OVERLAP OF 2'-0". THE EXISTING MARINAADJACENT TO THE PROJECT SHALL REMAIN OPEN DURING THE COURSE OF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL NECESSARY SAFEGUARDS TO ENSURE SAFE ACCESS. THE TOWN OF SOUTHOLD SHALL NOT BE RESPONSIBLE FOR MATERIALS AND EQUIPMENT LEFT ON SITE. PROPER FENCING AND BARRICADES SHALL BE INSTALLED TO SEPARATE THE WORK SITE FROM THE GENERAL PUBLIC. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE, SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971. ATTENTION - JAMES A. RICHTER - (631) 765 1560 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INDEX TO SPECIFICATIONS PROJECT DESCRIPTION BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form A-1 through A-1 B~I through B-2 C-1 through C-2 N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor Regulations Non-Discrimination Clause CONSTRUCTION SPECIFICATIONS General Conditions Part I - General Specifications Site Plan Sections & Details D-I through D-I AIA Document # A310 E-l through E-1 AIA Document # A201 F-1 through F-2 AIA Document # A311 G-1 through G-1 H~I through H-I J-I through J-8 K-1 through K-2 Page 1 Page 2 through 4 Drawing # SP-I Drawing # A-l INVITATION TO BID PROJECT: BULKHEAD RECONSTRUCTION & RESTORATION WEST ROAD, PECONIC, NEWYORK 11958 The Town Board of the Town of Southold will receive bids for the restoration and reconstruction of an existing bulkhead located at West Road in accordance with the Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. 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 , Thursday , May 3 , 2001. All Specifications are provided herein. 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 MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance bonds in the amount of 100% of the contract price shall be required of the successful bidder. Please advise if you intend to bid or not. Dated: February 13,2001 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk BULKHEAD RECONSTRUCTION & RESTORATION A-1 INSTRUCTIONS TO BIDDERS 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 ail times to the approval of the Architect. 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. Each proposal must be signed in writing with the full name and address of bidder. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his 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. 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. 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. 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 a Standard form of Agreement between Owner and Contractor (Stipulated Lump Sum). BULKHEAD RECONSTRUCTION & RESTORATION B-1 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 twenty five percent ( 25 % ) of the contract price of the work. 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. 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. The Town also reserves the right to reject any bid if an investigation of such bidder fails to satisfy the Town that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 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 & void and the Town shall be entitled to liquidated damages as above provided. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. BULKHEAD RECONSTRUCTION & RESTORATION B-2 PROPOSALFORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents (dated January 23, 2001) including bidding requirements, general and special conditions, specifications, contract documents, and addenda, if any (Note: Acknowledgment of addenda and their dates must be included as indicated on bottom page); and he proposed and agrees that if his proposal be accepted he will contract to furnish all labor & materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONiC, NEW YORK 11958 in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southoid Town Engineering Department, Town Hall, 53095 Main Road, Southold 11971 and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSAL FORM CONT. FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION & REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town 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 the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Date: Telephone Number: BULKHEAD RECONSTRUCTION & RESTORATION C-2 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: 1. (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 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 of Authorized Representative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION ~)-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and (Here insert lull 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 HOW, THEREFORE, if the ObliBee 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 oi such Contract and for the prompt payment ot labor and material furnished in the prosecution thereof, or in the .event ot the failure of the Principal tn 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 Obiigee may in 8ood faith contract with another party to perform the Work covered by said bid, then this ob[igalion 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) (Tide) AIA OOCUMENT A310 · BID BOND * AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signature: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) will execute (Surety Company) the Surety Bonds as herein-before provided. Signed: Date: Authorized Official, Agent or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. BULKHEAD RECONSTRUCTION & RESTORATION H E A M E R I C A I N s T I T u T E A R C H I T E C T AIA Document A201 General Conditions of the Contract .for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TIO~V 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, 1966, 1967, 1970, 1976, ©1987 by The Atllerican 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 AL& violates the copyright laws of the United States and will be subject to legal prosecutions, ~1 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. ~,lA [X}CU~EN~ &2~1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® ~* ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sub~e~ to legal prosecution. A201-1987 1 INDEX Acceptance of Nonconforming Work ......... 9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Acce~ to WOrt( ........................... 3.18,6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing ....... 4,2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3,2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13,4.5.1 Allowances ........................................ 3.8 Ap~l~cations for Payment .. 4.2.5,7.3.7,9.2,8.3,9.4,9.5.1,9.6.3, Approvals .... 2 4, 3.3.3, 3.5, 3.10.2, 3,12.4 through 3.12.8, 3.18.3, Al~i~a6on ..................... 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 Responsibilit y . 3.3,3, 3,12.8, Architect's Additional Services and Expenses .......... 2.4, 9.8.2, Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Authority to Reject Work .... 3.5.1,4.2.6, 12,1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Architect's lnstructioI~s.. 4.2.6,4.2.7,4.2.8,4.3.7,7,4,1,12.1, 13.5.2 Architect's Interpret ations ................. 4.2.1 I, 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 Contractor ....... 1.1.2, 3.2.1,3.2.2, Architect's Relationship wit h Subcontractors .... 1.1.2, 4.2.3, 4.2.4, Architect's Representadons .................9.4.2, 9.51,9.10.1 Architect's Site Visit s ........ 4.2.2,4.2.5,4.2.9,43.6,9.4.2,9.5.1, 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 Othe~ Contracts for PorUons of the Work .............................. 5.2 Basic Definitions ................................... 1.1 Bidding Requirements ................ 1.1.1, 1.1.7, 5 2.], 1].4.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds. Performance and Payment ..... 7.3.6.4,9.10.3, 11.3.9, 11.4 Capltallza6on ....................................... 1.4 Certificate o f Substantial Completion .................... 9.8.2 Certificates for Payment ....... 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 o f Insurance .................. 9.3.2,9.10,2, 11.1.3 Change Orders, Defini0on o f .......................... 7.2.1 .Chants ........................................... 7.1 · CHANGES IN THE WORK .... 3.1 l; ;1.2.8, 7, 8,3.1,9.3,1.1, 10.1.3 Claim, OeflnitIo~l o f ................................. 4.3.1 Cl~lm~ and Dtspute$ ................ 4.3,4.4,4,5,6.2.5,8.3.2, Claims and Timely Assertion of Claims ................ 4.5.6 Clatnm for Addlfloflal Cost ........ 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Clalma for AddiUonal Time ............ 4.3.6,4.3.8,4.3.9,8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.3,2,4.4.4,4.5.1 Caeaflhlg Up ................................... 3.18, 6.3 Commencement of Statuto~/Llmlta6on Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, Commencement of the Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to ....... 3.11,3.15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND .........................9 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 Conditions o f the Contract .................. 1.1.1,1.1.7,6.1.1 Consent, Written .................. 1.3.1,3.12.8, 3.14,2, 4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Const ruction Change Directive, Definition o f .............. 7.3.1 Const ruction Schedules, Contractor's ............... 3.10,6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Con6nulng Contract performance .................... 4.3.4 Contract, Definition of .............................. 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE ................. 4.3.7,5.4.1.],14 Cont tact Administ ration ..................... 3.3.3,4,9.4,9.5 Cont tact Award and Execution, Conditions Relating to ...... 3.7. l, Contract Documents, The ....................... 1.1, 1.2,7 Contract Documems, Copies Furnished and Usc of... 1.3,2.2.5,5.3 Contract Documents, Definition of .................... 1.1.1 Cont tact Per formance During Ar bit ration ........... 4.3.4,4.5.3 Contract Sum .................. 3.8,4.3.6,4.3.7,4.4.4,5,2,3, Contract Sum, Defini0on o f ............................ 8.1 Contract Time ............. 4.3.6, 4.3.8, 4.44, 7.2.1.3, 7.3, Cont fact Time, Definition o f .......................... 9.1.1 2 A201-1987 AIA DOCUMEHT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~) 1987 THE AME[/.ICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENI3E, N.W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject b3 legal prosecution. Contractor, Defln#lon of ........... , .............. 3.1,6.1.2 Contmclor's Construction $chedules ............. 3.10, 6.1.3 Contractor's Employees ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, Contractor's Llab#lty In~J eance ....................... !1.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6,3.12.5,3.14.2,4.2:4,6, 12.2.5 Contract or's Relationship with Sub<:ontractors ....... 1.2.4,3.3.2, Contractor's Relationship with the A~'chitect .... 1.1.2,3.2.1,3.2.2, Contractor's Responsibility for Those Performing the Work ................. 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14 1 Contractor's Submittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures ...... 1.2.4, 3.3.3.4, 4.2.3, 8.2.2, 8.2.3, 10 CopiesFurnishedofDrawingsandSpecifications ... 1.3,2.2.5,3.11 Correction of Work ..................... 2.3,2.4,4.2.1,9.8.2, Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, Cutting snd Pstchlng ........................... 3.14,6.2.6 Damage t o Construction o f Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, IO.2.1.2, 10.2.5, 10.3, 11.3 Damages for Delay .................... 6.1.1,8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date o f Substantial Completion, Definition o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisior~s o f t he Architect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, D~gl~ons to Withhold CerllflcaUon .......... 9.$, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Cot rection of ............ 2.3,2.4,3.5.1,4.2.1, Defective Work, Definition of ......................... 3.5.1 Delays and Exlel~$lo~s of Time .......... 4.3.l,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4,4.3,4.4,4.5,6.2.5,63,7.3.8,9.3.1.2 Documents and Samples at the Site ...................... 3.11 Drawings, Definition of .............................. 1.1.5 Drawings and Specifications, Use and Ownership o f ..... 1.1.1, 1.3, Duty to Review Contract Documents and Field Conditions .... 3 2 Effective Date of Insurance ..................... 8.2.2, 11.1.2 Emergencies ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18.1, Execution and Progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, InJur/or Damage to Person OE Proflerty ................ 4.3.9 Insurance, Lm of Use ............................ 11.3.3 Insurance, Owner's Llab#lty .......................... 11.2 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® · ~)I987THEAMERICANINSTITUTEOFARCH[TECTS, 1735NEWYORKAVENUE, N.W,WASH[NGTON, DC 20~O6 WARNING: Unlicensed photocopying vioisf~$ U.S, copyright laws and is subject to legal prosecution. A201-1987 3 Limitations o f Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4~5~4.2, 5.2A, 5.2.3, 6.2.4, 7.3.4, 7.4, Limitations o f Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, /o$s ot Use Insurance .............................11.a.a Material Suppliers .............. 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Materials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3,1,1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1,4.2.3,4.2.7,9.4.2 Minor Clmnges In the Work .......... 1.1.1,4.2.8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS ........................ 13 ModificaOons, DefinRion o f .......................... 1.1.1 Modifications t o the Cont tact ........... 1.1.1,1.1,2,3.7.3,3.11, Mutual Responsibility ................................ 6.2 Nonconforming Wonk, Acceptsnse of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.I, Notice ............. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Nollca, Wrtltan ............... 2.3, 2.4, 3.9, 3.12.8, 3,12.9, 4.3, Notice o f Te. sting and lnspecOons ................13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notlce~, Parmlts, F~ and ...... 2.2.3, 3.7, 3.13, 7.3.6,4, 10.2.2 Observations, Architect's On Site ................. 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ........................ 9.6.6,9.8.1,9.9, 11.3.11 On-Site Inspections by the Architect .......... 4.2.2,4.2.9,4.3.6, On-Site ObservaOons 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 Ownsr, Information and ServIcns Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Owner's Financial Capability .................. 2.2.1, 14.1.1.5 Owner's Llal~llty Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 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 to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Comracts ......................... 6.1 OwnsCa Right to Stop the Won'< ................... 2.3, 4.3.7 Owner's Right to Suspend the Work .................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1,1.3, 2.2.5, 5.3 Parflal O¢~lpan~/or U~e ................. 9.6.6,9.9, 11.3.11 Patchl~l, Cutting and .......................... 3.14, 6.2.6 Patents, Royalt~ns and ............................. 3.17 Payment, Applications for ................ 4.2.5,9.2,9.3,9,4, Payment, cuHiflcate$ for ........... 4.2.5, 4.2.9. 9.3.3, 9.4, 9.5, Pllymel~t, Falluru of ......................... 4.3,7,9.5.1,3, Payment Bond, Performance Bond and .............. 7.3.6.4, Payments, Progress ........................ 4.3.4, 9.3, 9.6, PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................. 5.4.2, 9.5.1.3, PCB ............................................ 10.1 Performance Bond and Payment Bond ................ 7.3.6.4, Perm., I:ees and Noflce~ ....... 2.2.3,3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinatcd Biphcnyl ............................. 10,1 Product Data, DefiniOon of ......................... 3.]2.2 Prnduct Data and Samplns, Shop Druwlngs .... 3.11,3.12, 4.2.7 Progrens and Completion ................... 4.2.2,4,3.4,8.2 Progress Payments ........................... 4,3.4,9.3, Project, Definition of the ............................. 1.1.4 project Marlual, Definition of t he ..................... 1.1.7 Project Manuals .................................... 2.2.5 Project Representatives ............................ 4.2.10 Prop~rfy In~lranc~ .......................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ........... 10 Regulations and Laws ........... 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, Rejection 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, Representatives ........................ 2,1.1,3.1.1,3.9, ResoluUon of ClaIms and DIsputns .................. 4.4,4.5 Responsibility for Those Per forming the Work .......... 3.3.2, Review of Contract Documents and Field Conditions by cuntractor ........... 1.2.2,3.2,3.7.3,312.7 Review of Contractor's Submittals by Owner and Architect ............ 3.10.1, 3.10,2, 3.11,3.12. Review of Shop Drawings, Product Data and Samples by Contractor ....................... 3.12.5 Rights and Remedies ............ 1.1,2,2.3, 2.4, 3.5.1,3.15.2, Royalties and Patents ............................... 3.17 4 A201-1987 AIA 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. 20000 WARNING: Unlicensed photocopying violates U.S, copyrlghl laws and is subtect to legal ~ion. Rules and Notices for A¢o#ratlon ..................... 4.5,2 Safety Of Pemons &nd Property ....................... 10.2 Safety precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3. t 2.3 Samples, Shop Drawings, Product Data and ... 3.11,3,12, 4.2.7 Samples al the Site, Documents and ................... 3,11 Schedule of Value~ ............................. 9.2, 9,3,1 Schedule~, 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, Definition of ......................... 3,12. I Sho~ Drawings, Product Data and Samples .... 3.11,3.12, 4.2.7 S#®, U~e Of.: ............................ 3.13,6,1.1,6.2.1 Site Inspections . . 1.2.2, 3.3,4, 4.2.2, 4.2.9, 4.3.6, 9.8,2, 9.10.1, 13.5 Sit e Visits, Architect's ................4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2, 9,5.1, 9.8,2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2,1, 13.5 Sg~c:~f~ltlOf'l~, De ~ nition o f t he ....................... 1.1.6 SD~x.-'tflcat~on$, TI~ .......... 1.1.1,1.1.6, 1.1.7, 1.2.4, 1,3, 3.1 I Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stoppingthe 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 Subcont factor, Definit ion o f ........................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.] 2.], 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 6.3,5.4,9,3.1.2,9.6.2, 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 SIJbl'O~lOII, Wildver~ of ................. 6. l. 1, 1 1.3.5, 11.3.7 Substantial Completion ............. 4.2.9,43.5.2,8.1.1,8.1.3, 8.2.3,9.3, 99.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, De finition or' .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ........................... 4.1.3 Substitutions o f Materials ........................... 3.5.1 Sub-subcont tact or, Definition o f ...................... 5.1.2 Subsurface Conditions .............................. 4.3.6 Succeesora and A~slgns ........................... 13.2 Superintendent ............................... 3.9, 10,2.6 SupervIrdon and Construction Procedures ...... 1.2.4, 3.a, 3.4, 4.2.3, 4.3.4, 6. i.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 SuspenMon by the Owns~ for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspenalon or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.5, 7.3.6.4 Termination by the Gontmcto~ ........................ 14.1 Termination by the Owner for C~nse ............. 5.4 1.1,14.2 Termination of the Architect ......................... 4 1 3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ..... 14 Tests and Inspectlol~s ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, ]2.2.1,13.5 TIME .............................................. 8 Time, DMays and Extensk3ns of .............. 4.3.8, 7.2.1,8.3 Time LIf:nlts 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 Uncovedng Of Work ................................ 12.1 Un foreseen Conditions .................... 4.3.6.8.3.1, 10.1 Unit Prices .................................. 7.1.4,7:3.3.2 Use of Documents ................. ] .1.1, 1.3, 2.2.5, 3.12.7, 5.3 Ues Of Site .............................. 3.13, 6.1.1,6 2.1 Values, $cl~,~dul~ Of .......................... 9.2,9.3.1 Walvm' Of Claims: Flnsl Payment ........... 4.3.5, 4.5.1,9.10.3 Waiver of Claims by the Architect ..................... 13.42 Waiver of Claims by the Contractor ........ 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner ............. 43.5,4.5.1,9.9.3, Waiver of Liens ................................. 9.10.2 Waivers of Subrogation ................. 6.1.1, 11.3.5, 113.7 Warranty and Warranties ......................... 3.5,4.2.9, Weather Delays .................................. 4,3.8.2 When Arbitration May Be Demanded ................. 4.5.4 Work, Definition of ................................ 1.1.3 Written Consent .............. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Writ ten Interpretations .................. 4.2.11,4.2.12,43.7 Written Notice ........... 2.3, 2,4, 3.9, 3,12.8, 3 12.9, 43, 4.4.4, Written Orders ........................... 23, 3.9, 4.3.7, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~I987THE&MERICANINSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE, NW.,WASHINGTON, DC 20006 WARNING: Uolicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DERNITK)NS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a Written amendment to the Contract ~igned' by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, 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- merit, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually ~sembled for thc Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications, 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be g~gned by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect ~hall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor, The Contract Documents are comple- mentary, and what is required by one shMl be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, 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 urdess otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AL&, DOCUMENT A20t * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, D.C. 2000(, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 thc execution of their Work under the Contract Doctunents. 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 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the.'dOcument or (3) the titles of other: dOcuments published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- des such a.s "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 tide, 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 ContracL [Note.. Unless such reasonable evidence were furnished on request prior to the execution of the Agreeme~;t, ;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 lnfom~ation 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.$ 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. 2.2.5 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 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to:correct Work which is not in accordance with the requirements of the Contract Documents as required by paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or tbe Contractor's authorized representative. ArA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987TNEAMERICANINST[TUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W,.WASHINGTON, D.C.20006 A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable COSTS for correction. 3.2.2 The Contractor shall tare field measurements and verify -field conditions and shall carefully.compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities, Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3,12. 3,3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligafions to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and wbether or not incorpo rated or to be incoq~orated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order an~ong the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employmem of unfit 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 furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thei.eof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are cttstomarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded, 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work, 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection, 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Connactor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 Ak~ DO(~I~NY 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 20006 WARNING: Unlicensed photocopying violates U.S. coflwight laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENOENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall.be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, prompfiy after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals, 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during constraction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals, These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PROOUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instrocfions, brochures, diagrams and other information f~rnished 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, 3.1 2.4 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 promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 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- tM has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop D~awings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and ha5 checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.3 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. Tbe Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof, 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Sarnples 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. a.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. a.la USE O~ srrE 3.13.1 The Contractor shall confiDe 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 fi~lly 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 thc Al& [R}~tJME. NT Az-nOt * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 Tile AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyright lazes and Is subject to legal prosecution. 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 t~ot 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. 3.13.~' If the Contractor falls to clean up as provided in the Contract Docaments, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1. The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3,17 ROYALTIES AND PATEHTS 3.17.1 The Contractor shall pay ail 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. 3.118.2 In claims against any person or entity indemnified under this Paragraph 3,18 by an employee oftbe 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.t6.3 The obligations of the Contractor under this Paragraph 3.18 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- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.9 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 arbitratinn. 4.2 ARCHITECT'S ADMIHISTRATION OF THE CONTRACT 4.2.1 Thc 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 progt~anls 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 DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTE£NTH EDITION AIA® * ~)I987TttEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE. N.W, WASHINGTON, D C 20OOG WARNING: Unlicensed photocopying violates U.S. copyright laves 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 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment. the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perforat- 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 San~ples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instrucrions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12, The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac. tot. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, tl~e 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 tinle 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 Decisioo 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 reqnired 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 corn 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.a.a Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONS'rRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC 20(FOG WARNING: Unlicensed photocol~/ing violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Peffomlance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- manee of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver Of Clalmr,: Final Paymellt. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise conceal?d physical.conditions which differ.materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materiMly different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons, Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Oost 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 inteqaretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Clahn shall be filed in accordance with the procedure established herein. 4.3.9 Claims for AddiUonel Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.6.2 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 construction, 4.3.9 Injury or Damage to Person or Properby. 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 ftled as provided in Subparagraphs 4.3.7 or 4,3.8. 4.4 RESOLUTION OF C~AIMS AND D~SPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminaFy actions within ten days of receipt ol=a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of tile following actions: ( 1 ) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of f~rtber 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 ora 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 Ae~tration. 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 iudgment 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(SNTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 2OOO6 WARNING: Unlicensed photocopying violates U.S. copyr~Jht laws and is subject lo legal prosecution. 4.6.2 Rules and Notlce~ fo~ Addtratk)n. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be ~ed 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 ~ed with the Architect. 4.5.3 Contract Performance During ArbltraUo¢t. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbltmtlon May I~ Demanded. 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 deci- sion on the Claim, (2) the tenth day after the parties have pre- scored evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.8.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- cecdings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the trine 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 Limitation on Conso~kla#on or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional per.mn 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 fora- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claim~. 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. XXrhen 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.'I Judgffient oil Flttal 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.t.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 Subeontractor 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 POP~'IONS O~: THE WOrK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each prir~cipal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decrcased 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 tbe 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 enakes reasonable objection to such change. AIA DOCUMENT A201 ', GENERAL CONDITIONS OF TttE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ©I987TnEAMERICANINST[TUTEOFARCttlTECTS, 1735N£WYORKAVENUE, N.W.,WAStIINGTON, D.C.20OOG A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to 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 fights 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 Docaments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .I assignment is effective only aRer termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the 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 constrt~crion 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 thc 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, I1 'and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect 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 ~'O1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION o FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASlUNGTON, DC. 20006 WARNING: Uniicense~ pPa~t ocooylng violates U.S. copyright laws and is s~ 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 limitatioo, s stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 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 thc following: .1 a change in the Work; .2 the amount of thc adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHAHGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both, The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in tile absence of total agreement on the terms of a Change Order. 1.3.3 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 sufficiem substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequemIy agreed .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 Construcfion Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the cfiange, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3,3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ lng cost of transportation, whether incorporated or consumed; .3 rentalcostsofmachineryandeqinpment, excinsiveof hand tools, whether rented from the Contractor or others; .4 costs of premiums for MI bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .$ additional costs of supervision and held office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. ?.3.1~ If tile Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, tile adjustment or the method shall be referred to thc Architect for determination. 7.3.9 When the Owner and Contractor agree with the dete~ ruination 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, A~A OOC~MEhVl' A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAFI INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.~,., 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 adiustment 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 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the-Work is the date established in the Agreement, The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AHD COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract, By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work, 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 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 £tling of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8·3 does not preclude recovery of dana 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 author/zed adinstments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment, 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may nol include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other 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 sin~ilarly 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 mad transportation to the site for such materials and equipment stored off the site. 8.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the tinle of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AtA DOCUMENT A20t * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)I987THEAMERICANINSTITUTEOFARC2HITECTS, 173SNEWYORKAVENUE. NW,WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright lanes and 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 part as provided in Subparagraph 9.5.1. 9.4,2 The issuance of a Certificate for Payment will constitute a representation by the Architect to 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 confurmance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representatinn that the Contractor is entitled to payment in the · amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Ow[~er, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; · 3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be con/- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .8 reasonable evidence that the Work will not be com- pleted within the Contract Tinle, 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 tinae provided in the Contract Docun~ents, and shall so notify the Architect. 9.8.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subeomractor'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.:~ The Architect will, on request, furnish to a Subeonttac- tot, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.5.4 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. 9.9.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9~6,4. 9.6.8 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect docs 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 afier 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 an~ount 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 m~d start-up, which shall be accomplished as provided in Article 7, 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in thc progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehet~sive 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 complcte all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 · GENERAL CONDITI~)NS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENL1E, NW,WASHiNGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for danlages 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; .ti claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to' the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph I 1,1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or requi~ed by law, whichever coverage is greater. Coverages, whether written on an occurrence or dalms-made basis, shall be maintained without interruption from date of commencement of the Work until date of £mal payment and termination of any coverage required to be main- tained after final payment. 11.1,3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the tm.al Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief, 11.2 OWNER'S UABIMTY 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, tile 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 rained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 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 risk POlicy form and shall insure against tile pet:tis of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings m~d debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to .commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Inetlraace. 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. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 AIA DOCUMENT AaO1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTtI EDITION AIA® · ~)1987 THE AMERICANINSTITUTE OFARCHITECTS, 1735NEW YORK AVENUE, NW.,WASHINGTON, DC 20Oo6 WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall foe with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11,3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cance!led or allowed tq expire until at lea. st 30 days' prior wot- ten notice has been given to the Contractdr. 11.3.7 Wakers of ~ltmagatk)fl. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11,3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate cof~tractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.t0. 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 wdting by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper perfom~ance of the Owner's duties, The cost of required bonds shall be charged against proceed6 received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.1 0 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution, 11,3.11 partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion 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 A~chitect'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 dhte Al~ DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. it0006 A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first perfomled after Substantial Completion by the period of time between Substan- tial Completion and the actOal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by thc Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2,4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage x~lthin 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- stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to :he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct thc 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 C-OVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN HOTICE 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. 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a ftmitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. Tl~e 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 wi fi, 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 AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright lav*s and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13,5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses, 13.6.4 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 ~TEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. A~ to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to ac[s or failures to act occur- ring subsequent to thc 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 o[ thc final Certificate for Payment, any appli- cable statute of ]imitations shall commence to mn and any alleged cause of action shall be deemed to bare accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, thc date of any correction of the Work or failure to correct rile Work by the Contractor under Paragraph 12.2, or the date oi~ actual comnlJssion of ally other ac[ or failure to perform any duty or obligation by the Comractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14,1 TERMINATION BY THE CONTRACTOR 14,1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in · Subparagraph 9.4,1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent 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, temlinate 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 C~¢ntractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- nlations or orders of a public authority having juds- 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 A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIAs · O 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copy~ght laws and is subject to legal pn~secution. 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 rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and rnachin- er3, thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 £ullsh the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs ' of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14,3 SUSPENSION BY THE OWNER FOR ~ 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 perfommnce, caused by suspension, delay or interrup- tion, No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14,3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 ,~ DOCUMENT ~Ot · 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 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. BULKHEAD RECONSTRUCTION & RESTORATION F-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: BULKHEAD RECONSTRUCTION & RESTORATION F-2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. WARNING: Unlicensed pltotocopylng vlo~a~tes U.S. copyright laws and Is sub~ect to legal peosecutkm. 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is SUCh that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having pedormed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Sum~y of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract behveen such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraphl sufficient funds to pay the cost of completion less the balance of the conlract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of lhe contract price," as used in Ihis paragraph, shall mean the total amount payable by Owner to Conlractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Ahy suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action sl~all accrue on this bond to or the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this day of 19 tWitnes~) AIA DOCUMENT A.111 · PERFORMANCE BOND AND LAROI~ AND MATERIAL PAYMENT BOND · AIA ~ FEBRUARY lqTe ED. · THE AMERICAN INSTITUTE OF ARCHITECTS. 17~,5 N.Y. AVE., N.W., WASHINGTON. O. C. 2e0~ 2 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: BULKHEAD RECONSTRUCTION & RESTORATION G-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD RECONSTRUCTION & RESTORATION at WEST ROAD WICKHAM CREEK PECONIC, NEW YORK 11958 BULKHEAD RECONSTRUCTION & RESTORATION H-1 YORK STATE DEPARTMENT OF BUREAU OF PUBLIC HORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 2000A Date 02/09/01 T/O SOUTHOLD PRC 0102064 SUFFOLK COUNTY O1 Location and Type of Pro~ect PROJECT ID #: NONE HEST ROAD BULKHEAD REPLACEMENT,REPLACEMENT OF 50' OF BULKHEAD ON HICKHAM CREEK,CUTCHOGUE JAMES MCMAHON T/O SOUTHOLD TOHN HALL P.O. BOX 1179 SOUTHOLD NY 11971 In response to your request~ enclosed is the schedule of the prevailing hourly Hage rates and the prevazling hourly supplements for the above project, together Hith copies of the Notice of Contract Let (PH-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article 8 of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supple~nts to be provided and Hages to be paid to Horkers, laborers and mechanics employed on public HOPE pP.o~ects, and. to file such schedules with the Department having jurisdiction. ' The attached rates ere based on the latest information available to the Department of Labor, Bureau of Public Hork. Care should be taken to revieH the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Hork contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. This schedule is effective from July it 2000 through June 30, 2001. A new uedated schedule will automatically be mailed to you each July 1 until we are notified that the oro~ect is coma~eted or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAH REQUIRES ~ ~ TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROL[--RECORDS~-DR TRREE~fEi~RS-FROM THE DATE OF COMPLETION OF THE HORK IN THE AHARDED CONTRACT. Very truly yours~ Kevin E. Jones DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this pro~ect, enter the necessary information and re~urn this page to Bureau of Public Hork, Bldg. 12, Rm. 150 S08C, Albany, NY 122q0. PROJECT HAS BEEN COMPLETED/CANCELED: Date Signature Title For additional information, contact our local District Offices: Albany (518) 457-2744 Syracuse (315) 428-405G Binghamton (607) 721-8005 Rochester (716) 258-4505 Buffalo (716) 847-7159 Utica (315) 79~-2314 Hempstead (516) fi85~fi878 Hhite Plains (91~) 997-9507 NeH York City (212) 352-6088 PH-200 (7-00) CONTRACT REQUIREMENTS Each public work contract to which the State~ a public benefi~ corporation, a municipal corporation or a commisszon appoin±ed pursuant to law is a party and which may involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article B (Sections of the New York State Labor Law: 1. No laborer, worker or mechanic in the employ of the con±rector, subcontractor or o~her person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. 2. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid notless than the prevailing rate of wages as indicated on the wage schedule provided by the Department. Bureau of Public ~ork. The prevailing rate of wage shall be annually determined no la,er than thirty days prior to July 1st of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive of the following year shall be ~he 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) It shall be the duty of the department of jurisdiction file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public work project, ~oge~her with a statement of the work to be performed by each classification. (See Section The contractor and every subcon~rac±or shall post in a prominen~ and accessible place at the work si~e a s~atemen~ of all wage 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 ra~io of apprentices to ~ourney- level workers in any craf~ classification shall not be ~rea~er than the ratio permitted to the contractor as zts work force on any ~ob under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and suppiement rate for the ~ourney levei ciassificatzon of work actually performed. The contractor or subcontractor wii1 be requzred to furnish written evidence of registration of its program and apprentices as well es of ~he appropriate ratios and wage and supplement rates for the area of construction, prior to using any apprentices on the contract work. (See Section 6. (al No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or natzonal origin discriminate against any citizen of the State of New York who is qualified and available to perform ~he work to which t~e employment rela~es. (See Section 220~e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discrimznate agains± or in±imidate any employee on account of race~ creed, color, disability, sex or national origin. (See Section 220-e(b)) Note: The Human Rights LaH also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amoun~ payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated agains~ or intimidated in violation of the provisions of t6e contract. (Section 220-e(c)) (d) 7. (a) (b) The con'ct may be cancelled or termina~lL by the State or muni~ll~ality, and ali moneys due or t~ecome due thereunder may be forfeited, for a second~r anysubsequent violation of the terms or conditions of the ' antidiscrimination sections of the contract. (See Section 220-e(d)) All contractors or their subcontractors shall provide to their subcontractors a copy of the prevailing Nage rate schedule specified in the public Nork contract as Nell 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 LaN. (See Section 2ZO-e(d)) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any subsequent]y issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the wage schedule and Hill pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PH-$ (8-99). ATTENTION ENGAGED ON kLL CONTRACTORS AND SUBCONTRACT~S HORK PROJECTS IN NEH YORK mIE INTRODUCTION: Below ara the major provisions of the Labor Law covering workers on public work projects, HOUES: A laborer, worker or mechanic is permitted ~o Hork 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 ~o life or property. You may apply to Abe Bureau of Public Hork fOr a DISPENSATION permiAAiag workers to work addiAional hours or days per week on a parAicuiar public work projecA. HAGES AND SUPPLEMENTS: The wages and supplemenAs to be paid and provided for iaborers, workers and mechanics employed on a public work project shai1 be not Iess Ahan Ahose listed in the current prevailing raAe schedule for the locality where the work is performed. If a prevailing raAe schedule for Aha project has not been provided Ao Aha prime conAractor by Abe deparAmenA of jurisdicAion (i.e., Aha governmenAal entity awarding the public work conAracA), or Ao a subcontractor by Aha prime conAractor, the ae~licable schedule musA be obtained from Aha 0epartmenA of Jur~sd~cAion, who must make written application to the Bureau of Fublic Hork, Labor UepartmenA, Building No. 12, SAate Office Building Campus, Albany, New York 122~0. The prime conAracAor is responsible for any underpaymenAs of prevailing wages or supplemenAs by las subcontracAors. PAYROLL RECORDS:. Every contracAor-and subconAractor musA keep originals or Aranscripts of payroll records, showing for each person employed on public work, Aha following: 1. Name 2. Address and phone number 5. Social SecuriAy Number, ~. Occupational classification in which Horked, 5. Hourly wage raAe paid Supplements provided 7. Daily and weekly number of hours worked in each classificaAion 8. Deductions made 9. AcAual wages paid. Hhen payroll records are requested by Aha Commissioner~ each payroll record musA be affirmed as Arue under the penalties of perjury which means a noAorized signaAure to Ahat effect. Such records must be kepA on Aha site of Ahe work when Aha contracAor or subconAractor does not mainAain a regular place of business in New York SAaAe and Aha amounA of the conAracA exceeds $25~000. All oAher conAracAors and subconAracAors must~ within 5 days afAer a request, produce aA the work the original payrolls or Aranscr[pAs. Every conAracAor and subcontracAor shall submiA to the DepA. of Jurisdiction within Ahrity days afAer issuance of iA~s firsA payroll, and every AhirAy days thereafAer, a Aranscript of Aha ~ payroll records, subscribed and affirmed as true under PenalAy o~y, as provided by Article B~ SecAion 220, of Abe NYS Labor Law. The DEPARTMENT OF JURISDICTION shall receive and mainAain such payroll records. The original payrolls and Aranscripts must be preserved for Ahree years from Aha daAe of completion of the projecA. POSTING: The current prevailing rate schedule musA be posAed in a prominent and accessible place on Abe site of Aha public work projecA. APPRENTICES: Employees cannot be paid apprentice rates if Ahey are individually regisAered under a program or agreement registered with Aha Commissioner of Labor. The conArac~or or su6contracAor will be required furnish writAen evidence of Aha regisAration of its program and apprenAices and of Abe appropriate raAio. The allowable raAio of apprentices to journeymen in any crafA classification can be no greaAer Aban Aha raAio permiAAed to the contractor or subconAracAor as Ao las work force on any job under the regisAered program. An employee lisAed on a payroll as an apprentice~ who is not regisAered as above~ musA be paid Aha prevazling ~ourneyman~s wage rate for thaA classificaAion of work. (See attached sheet detailing ApprenAice Ao Journeyman raAios) HITNNOLDING OF PAYMENTS: Hhen a complaint is filed wiAh Abe Commissioner of Labor alleging the failure of a conAractor or subconAracAor to pay or provide Aha prevailing wages or supplements~ or Hhen Aha Commissioner of Labor believes AhaA unpaid wages or supplements may be due, paymenAs on the public Hork conAracA may be wiAhheld from the prime contractor in a sufficient amounA to satisfy Abe alleged unpaid Hages and supplements, including inAerest and civiI penalAy~ pending a final deAerminaAion. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found~ interest musA be added at Aha rate Ahen in effecA prescribed by the SuperintendenA of Banks pursuanA to section l~-a of Aha banking law per annum from Aha date of underpayment to the date of the new payment, and may also include the imposition of a civil penalty not Ao exceed 25~ of Aha amounA due. DEBARMENT: Hhen final deAerminations have been made againsA a contractor or subcontracAor in Awo instances wiAhin a six-year period determining thaA it willfully failed Ao pay or provide Aha prevailing raAe of wages or supplemenAs, or' ~e ~here is one Hil~ violation ~ha~ involves falsi~a~ion o~ payroll records or kickback of~l~l~ges, such con~rac~or or subcor~c~or Hill be ineligibIe ~o bid on or be aNarded a public Nork con~ra~for a period of five years from ~he second final determination. CRIMINAL SANCTIONS: Hillful Violations of ~he Prevailing Wage LaN (Article B of ~he Labor La~) constitute a misdemeanor punishable by fine or imprisonmen*, or bo*h. DISCRIMINATION: No employee or applican* for employmen~ may be discriminated agains~ on accounA of age, race, creed, color, national origin, sex, disability or marl*al s~a~us. Every employer subSect ~o Abe NeN York S~ate Human Rights La~ mus~ conspicuously pos~ a~ z~s offzces, places of employmen± or employment ~raining cen~ers, no~zces furnished by ~he S~a~e Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing ~orker~s compensation insurance and disabiliAy benefits mus~ pos~ in a conspicuous place notices of such coverage in a form prescribed by ~he Workers' Compensation Board. Employers liable for con*ribu±ions under ~he Unemploymen~ Insurance Law mus~ conspicuously pos~ no~ices furnished by ±he S*a±e Depar~men~ of Labor. PH 19 (7-99) docm: let(er2b NOTICE NEN PREV IING AGE ATE PUBLI 0 S APPLICABLE TO ALL COUNTIES (~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of ~he prevailing ra~es of ~ages and supplements for Norkers employed on public Hork proSec~s ~hroughou~ ~he s~a~e will be published on May ~ls* of e~c~ yeDr...Thes~.De- any prior issued annual de(ermine(ion. I~ is (he responsibili(Y of (he con(racking agency or i~s agen(s provide all prevailing ra(e schedules (o con~rac~or~ ir~nedia(ely.~POO.rec~iD~. ARY ra~e chance ~rom a ~reviousl¥ issued de~ermina~zon becomes ettec~3ve ~s~, reearOless of ~hether the neH ~eterminat~on has been recezved by the Hhen you revieN ~he schedule for a particular occupation, your a~en~ion should be directed ~o ~he da~es above ~he column o~ ra~es. These are ~he da~es ~ha~ additional adjustments become effective. PH-202 (q-95) docm: le~erd VER~NG THE REGISTRATION APPRENTIC~ Certain Sta~e and Federal LaHs require that apprentices must be individually registered as such in order to be paid apprenticeship ra~es on Public Hork. The New York Labor Departmen~ is the official registration agency for apprentices in New York State. No other Federal or State Agency or off,ce registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies~ Contractors~ an~ other interested parties requesting verification of indivzdua] apprentzce registrations. The foIIoHing information ~s provided in order to clarify New York State procedures. Al! registered apprentices in New York State are individually registered by name, address, soc[a! security number, starting date of ~raining, and other related data. This information is computer[zed and is available ONLY through the Albany Apprentice Training Central Office. Persons H[shing to verify the apprentice registration of any individuaI should wr~e to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, State Office Building Campus, Albany, Ne~ York Ali in~ui'ries MUST include name and social security number and will be ansHered ~n writing. The response will indicate whether or not the ~ndiv~dual reg[stered~ and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration ~s verification from ~he Albany Apprentice Training Cen~ra~ Office. Neither Federal nor Sta~e Apprentice Training Offices outside Albany can provide conclusive registration ~nformetiono It should be noted that the existence of a registered apprenticeship program not conclusive proof that any individual ~s registered ~n ~ha~ program. Furthermore, the existence or possess[on of wallet cards, identification cards or cop[es of state forms are not 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 SOUTH(~.~, Schedule Type JN'IES HC~NtON T/O SOlJTHOLD TGI,IN HN..L P.O. BOX 3.3.79 S(X~'H~LD Date ~E 2000A 02/09/01 Prevailing Rate Case No. AGY. GF JI. JRZS. -. TO~N- NAT. G~ PROJECT: HEAVY & HHy CONS-NEH Copies of the wage and supplement schedule for the Pubiic Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH pdme contract let immediately upon noUfying a successful bidder 1or this Public Work project. Phctocopy 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 ewn employees. If reactivated, new rates and supplements ~11 be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal iostmment which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) HeatingA/entilatien [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number. Name: Address: CONTRACTOR'S TELEPHONE #: ( ) - City: Amount of Contract Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: State: Approximate Starting Date: / / Zip: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (04) Plumbing Signature [] (02) HeatingNontilation [] (05) Other PW-16 (7~0) [] (03) Electrical Date Page 1 -evailing Rate Schedule New York State Department of Labor .................................. Casa Number .................................. 010206q SUFFOLK 2000A ~NSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each ciassification of worker, contained in the attached Schedule of Prevailing Rates. PA%D HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform worK. Note: If an employee works on e day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the wore actually performed. OVERTIHE Overtime holiday pay is the premium pay that is required for work performed on spacified holidays. It is only' requi~ed where the employe~ - actually performs work on such hoZidays. The applicable holidays are listed under HOLIDAYS: OVERTIHE. The requirad rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for aach classification. SUPPLEMENTAL BENEFITS Particular attention should be given to the suppleme~t~l benefit requirements. Although in most cases the pay~nt or provlslon of supplements is for aach hour worked~ some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES When you raview the schedule for a particular trade or occupation~your attention should be directed to the date above the column(s) of rates. This is the date on which the rate become effective. The rate listed is valid until the next effective rate change or until the non annual determination, which takes effect on July ! of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. The department of ~urisdiction is require~ to provide a copy of the current annua! determination. Should you have questions~ please contact the Bureau of Public Hork or visit the NYS Department of Labor s Hob site at HHw,~ebor~st~te.nv.us for current wage rate information. HORKER$ COMPENSATION In accordance with Section 1~2 of the State Finance Law. the contractor shall maintain coverage under the life of the contract for the benefit of such empIoyees as required by the provisions of the New York State Hcrkers' Compensation La~. -Contractor to be awarded contract must provide proof of Horkers~ Compensation coverage prior to being allowed to oegzn work. -The policy of insurance must be issued by a company authorized to provide Horkers~ Compensation coverage in this state. ~revailing Rate ScheduIe Page 2 NeH York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A -Proof of coverage mus~ be on form C-105.2 (Certificate of Horkers~ Compensation Insurance) and must name ~his agency as a cer~ififcate holder. -If New York State coverage is added to an existing out of state policy, it can only be added to a policy of a company authorized to write Horkers' Compensation coverage ~n this state, and the coverage must be listed under i,em SA of the znformation page. -The contract must maintain proof that subcontractors doing Hark covered under this contract secure and maintain a Horkers~ Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional informat[on, please contact nearest BUREAU of PUBLIC HaRK District Office or write to the NEH YORK STATE DEPARTMENT of LABOR. BUREAU of PUBLIC HORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEH YORK 12240. District Office Locations: Bureau of Public HOPE"- Albany Bureau of Public Hork- Binghamton Bureau of Public Hork- Buffalo Bureau of Public Hork- Hen~stead Bureau of Public Hork Rochester Bureau of Public Hork- Syracuse Bureau of Public Hork Utica Bureau of Public Hork- Hhite Plains Bureau of Public Hork- New York City Bureau of Public Hare Central Office UV~T1Mb Teleahone# 518-~57-2744 607-721-8005 716-8q7-7159 516-485-4878 716-258-4505 $15-428-4056 515-795-2~1q 914-997-9507 212-552-6088 518-457-5589 FAX # 518-q85-O2qO .- 607-721-8004 716-847-7650 516-485-0~22 716-258-4708 $15-q28-4671 515-795-2542 914-997-9525 212-552-6186 518-485-1870 (7/06/99) Following is an explanation of the code(s) listed in the OVE_~ section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIHE section. ((A )AA) Time and one half of ±he hourly rate after 7 hours per day. Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. (B1) Time and one half of the hourly rate for the 9th & 10th hours Heek days and the lat B hours on Saturday. Double *he hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. C) Double the hourly rate after 7 and one half hours per day. D1) Double the hourly rate after 8 hours per day. D) Double the hourly rate after 9 hours per day. E1) Time and one half of the hourly rate on Saturday. El) Time and one half 1st 4 hours on Saturday. Double the hourly rate all additional Saturday hours. (E2) Saturday may be used as a make-up day at straight time when a day is lost durzno that week due to inclemant Neatner. (E~) Between November 1st and ~arch ~rd Saturday may be used as a make-up day at straight time when a day is lost dur~no that weekdue to inclement weather, provided a given employee has worked between 16 and ~2 hours that week. (E4) Saturday and Sunday may be used as a make-up day at straight time er Page 3 availing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206fi SUFFOLK 2000A when a day is los~ durine that Heek due to inclement Heather.' FTime and one half of the hourly ra~e on Saturday and Sunday. Time and one half of ~he hourly ra~e on Saturday and Holidays. Time and one half of the hourly ra~e on Saturday, Sunday, and Holidays. I Time and one half of the hourly ra~e on Sunday. J Time and one half of the hourly ra~e on Sunday and Holidays. Time and one half of the hourly ra~e on Holidays. Double the hourly rate on Saturday. Double the hourly rate on Saturday and Holidays. Double the hourly rate on Saturday and Sunday. Double the hourly rate on Saturday, Sunday, and Holidays. Double ~he hourly rate on Sunday. Double the hourly rate on Holidays. 1) Double the hourly rate on Sunday and Holidays. THO and one half times the hourly rate for Holidays. if Harked. THO and one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate a11 additional hours. ( T ) Triple the hourly ra~e for Holidays, if worked. ( U ) Four *Jmes the hourly rate for Holidays, i~ worked, ( V ) Including benefits at SAHE PREHIUH as shoHn for over*ime, ( H ) Time and one half for benefits on all overtime hours. HOT~='BENEFITS are PER HOUR HORKED, for each hou~ Horked,-unless otherHise .... noted HOLIDAYS PA[~ Paid Holidays are days for Hhich an eligible employee receives a regular day's pay, but is not required to perform Hark. Note: If an eapIoyee Harks on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing ra~e for ~he Hark actually performed. Overtime holiday pay is ~he premium pay that is required for Hark performed on specified holidays. It is only required Nhere ~he employee actually performs Hark on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIHE. The required rate of pay ~or these covered holidays can be found in the OVERTIHE PAY section listings for each classification. Following is an explanation of ~he code(s) lis~ed in ~he HOLIDAY section of each classification contained in ~he at~ached schedule. The Holidays as listed below are ~o be paid at the Hage fa*es a~ which ~he employee is normally classified. 1 Hone. 2 Labor Day. ttemorial Day and Labor Day. Memorial Day and July qth. Memorial Day, July q~h, and Labor Day. NaN Year's Day. Thanksgiving Day, and Chris~mes Day. Lincoln's Birthday, Hashington's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. 10 Hashing~on's Birthday. 11 Columbus Day. 12 Elec*ion Day. ee Page 4 vailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2000A 13 15 16 17 18 19 20 21 22 23 25 26 Presidential Election Day. 1/2 Day on Presidential Election Day. Veterans Day. Day after Thanksgiving Day. July 4~h. 1/2 Day before Christmas Day. 1/2 Day before New Years Day. Thanksgivin~ Day. Christmas Day. Day before Christmas. Day before New Year's Day. Presidents' Day. Mar~in Luther King, Jr. Day. HAGES(peP hour) Asbestos. Hork~r ....... 1/01/00- 7/01/00- 6/30/00 12/31/00 ~ 33.06" $ 3~.06 . ~meSee ( C, 0, Tx, V ) on OVERTIME PAGE. code T applies to Labor Day only if worked. HOLIDAYS: FA1U: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 3, 6, 9, 11, I5, 16, Z3 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's SUPPLEHENTAL BENEFITS:(per hour worked) Journeyman $ 19.69 $ 19.69 Apprentices Same % as Same % as $ 19.69 $ 19.69 HA~ES (per hour) 6/01/99- 5/31/00 Rem./Abatemen~ only~ .... $ 22.00 non mechanicial systems that are not to be scrapped, ~ Rem,/Abatement: Time and One-Half after 8 hours per day and ork days per week. Journeyman Rem & Abatement $ ~.00 9-12 Page Prevailing Ra~e Schedule New York S~a~e Depar~men~ o1= Labor .................................. Case Number 0102064 SUFFOLK 2000A HAGES(per hour) 7-01-00- 9-01-00- 9-01-01- 8-31-00 8-31-01 8-51-02 Boilermaker ........... $ 34.00 $ 54.92 35.86 OVERTIME PAY: See ( D, E, Q ) on OVERTIME PAGE. HOLIDAYS: ~q~ See ( 8,(1~; 23, 24 ) on HOLIDAY PAGE. IH : See 6j 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/Z ) Hage. bqJpPLEMENIAL' BENEFITS: year ~erms a~c ~che 1=ollowing percen~cage ot= ;Journeyman's 5~b7. (per hour worked) $ 4.21 + $ 4,34 + ~ 4.~4 + q7 % of q7 Z of ~7 % of wage ra~e wage ra~e wage ra~e q-5 CARPENTER .HAGES(per hour) Building: Mill~righ~ ........... 7/01/99- 1/01/00- 7/01/00' 12/51/99 6/50/00 12/31/00 26.84 Addi~. Addit. $ .96/hr. $1.20/hr. ~ See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: ffAIB: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) 1=or ls~ 8 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms a~ ~he following percentage o1= Journeyman's wage. ~st. ZnU. 3rd. 4(h. 5hz 65% 75Z 9hZ SUPPLEMENTAL BENEFITS:(pep hour paid) Journeyman ~ 25.59 Appr ls~ (erm 15.94 Appr 2nd ~erm 17.35 Appr 5rd ~erm 19.q2 r Page 6 evailing Rate Schedule NeH York State Depar±ment of Labor .................................. Case Number .................................. 010206fi SUFFOLK ZOOOA Appr q~h ~erm 21.55 9-740 CARPENTER HAGES(per hour) 1/01/00 7/01/00 Carpet/Resilien~ Floor Coverer ......... $ 52.22 Addit. $1.16/hr. OVERTIME PAY: See ( B, E, Q ) on OVERTIHE PAGE. ~ See ( 18, 19 ) on HOLIDAY PASE. PAID: See ( S, 6, ll, 13, 16, 18~ 19, 25 ) for ls* & 2nd yr. Appren*ices OVERTIME= See ( 5, 6, ll~ 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i )' year ±erms a~ *he folloHing percentage of Journeyman's Hage. ~. Znd. Std. qOZ 5OX 6hZ ~O% SUPplEMENTAL BENEFITS:(per hour ~orked) - See Below. 9-2287 CAE?ENIE~ HAGES(per hour) 7/01/99 Piledriver ........... $ ~2.15 Dookbuilder .......... 7/01/00 Addit. $3.00/hr. OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: ?A1U: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Apprentices OVERTIHE= See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms a~ ~he following percentage of Journeyman's Is , 2nd. 3rd. fith. 65Z SUPPLEMENTAL BENEFITS: (per hour paid) - See BeloH. 9-1~56 HAGE$ (per hour) Marine Construc*ion: Marine Diver .......... 7/01/99 7/01/00 38.70 Addi±. $3.ql/hr. erevailing Rate Schedule Page 7 New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A " " Tender .... 28.67 Addit. $2.8~7hr. ~ See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: FARO: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, 11, 13~ 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEF.~TS:(per hour paid) - See BeloH. 9-1fi56/D MAGES(per hour) 7/01/99 7/01/00 Timberman ......... $ 28.85 Addit. $2.85/hr. OVERTIME= See ( B, E, E2, ~ ) on OVERTIME PAGE. ~ See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERT[ME= See ( 5~ 6, 11, 13, 16, 18, 19~ 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the ~olloHing percentage of Journe~an~s . lsd. 2nd. Std. qth. SUPPLEMENTAL BENEFITS=(per hour paid) - See Below. 9-I536H CARPENTER The fo[[oHing Supplemental Benefits app]~ ~o the preceding Carpenter categories and/or Occupational ~it[es unless otherHzse noted. 1/O1/O0 SUPPLEHENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 Apprentices 15.$5 9-NYC/Supp HAGES (per hour) 7-01-00- 6-30-0! Building: Carpenter ............... $ 32.19 er Page 8 evaiIing Rate Schedule NeH York Sta~e Depar~men~ o~ Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A Heavy/HighHay: Carpenter ............... $ 32.65 ~ See ( B, E, Q ) on OVERTIME PAGE. ~Sae r~u= ~ee ( ! ) on HOLIDAY PAGE. See ( 5, 6, [0, 16 ) on HOLIDAY PAGE. APPRENTICES = ( I ) year terms at the foi[oHing Hages. Heav¥/HighNay DuiZd~ng Zs~ yr $'15.25 $ 1~.05 ~o.~u vr SUPPLEMENTAL BENEFITSt(per hour Horked) Journeyman . $ 2O.0Z Al=pr 1st 8 2nd ~erms 13.50 Appr Srd 8 fith ±erms 20.02 q-SUF HAGES (per hour) 7/01/99 Elevator Cons*ruc(or ..... $ $q.~15 "Modern. 8 service... 28.575 Apprentice: (6) month ~erms a~ the folloHing percentage of Journeyman's Hage. ~st ~d ~rd ~th 5th 6~h 7th 8~h 9th loth ~CONSTR. See ( C, 0 ) on OVERTIME PAGE. MODERN./SERV. See ( B, H ) on OVERTIME PAGE. ~ee ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUppLEMENTAL BENEFITS:(pe~ hour Horked) Journeyman/Apprentice: Construction $ 10.855 Modern,/Serv~ce 10.785 9-1 ' Page 9 ailing Ra~e Schedule NeH York S~a~e Oepar~en~ of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A HAGES(per hour) 6/01/00 Glazier .............. $ 29.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: ?AIU: See ( I ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms a~ ~he foloNing percentage of Journeyman's Hage. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 18.07 Appr ls~ ~er~ ' ~pr 2nd ~erm 6.67 Appr 5rd ~erm 9.46 Appr 4~h ~erm 13.22 9-1087 (DC9 NYC) HAGES (per hour) Electrician ............ Fire Alarm ............. Audio/Sound ............ 7-01-00- 6-~0-01 $ 35.25 35.25 35.25 OVERTIME PAY: See ( 8, Q, V~ ) on Over(ime Page. NOIb: UN NbH YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT HANDATED HORK HHEN OFF SHIFT HORK IS REQUIRED,THE FOLLOHING PREMIUM RATES OF PAY SHALL BE IN EFFECT; SHING SHIFT q:$O P.H.~o 12:30 A.H ..... $ 41.36 GRAVEYARD SHIFT 12:$0 A.H.io 8:A.H ........ q6.55 See ( 1 ) on HOLIDAY PAGE. ME: See ( 5, 6, 16, 25. ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erm$ a~ ~he folloHing percentage of Journeyman's Hage. SUPPLEMENTAL BENEFITS: (percen~:s based on gross Nages-o~hers per hour) ~[~ Page 10 ,g Ra~e Schedule ~Department of Labor New York State .................................. Case Number .................................. 010206q SUFFOLK 2000A Journeyman 43.5% + + App 2nd yr ~ $ 5.q3~ ~$.5% + App 5th yr ~3.5% + App 6~h yr 43.5% + PUMP & TANK HORK 7-01-00 6-01-01- 6-01-02- 5-31-01 5-31-02 5-31-03 JOURNEYHAN ...... -. ~29.Z2 .$30.[0 OVERTIME; See { ~, Q ) on OVEETIHE PAGE. HOLIDAYS: Paid (B~ $31.30 Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the folloHing percent of ~ourneY~ans rate. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 85% Supplemental Benefits : per hour worked. 50 l/Z% of hourly rate 4-25 Oevailing Rate Schedule Page [1 NaN York State Department of Labor .................................. Case Number .................................. OlO206q SUFFOLK ZO00A For utility distribution 8 transmission line construction. HAGES (per hour) 7-01-00- 10-01-00- 9-$0-00 Lineman / Splicer ............... $ $1.00 Haterial Man .................... 26.47 Heavy Equip. Oper ............... 24.80 Groundman ....................... 18.60 Flagman ......................... 15.95 OVERTIME PAY: See ( B, Q ) an OVERT[HE PAGE. 10-01-01 9-$0-01 9-30-02 $ 1.10 adtl ~ 1.20 ad'{:l '~ ( 5,{ 81 9, 10, 11 ) on Holiday See {6~ ) on Overtime Page. * page. ~ APPRENTICES= 1000 hour periods at the ~olloNing percentage o~ ~ourneyman,s Hage. {st 2nd. Std. 4(h. 5~h. 6th. 7th. · OX bSX ~OZ 7hZ ~OZ §bX 902 SUPPLEMENTAL BENEFITS: (percents based on gross Hages-others per hour) 3.59+9 22.52 Underground Natural Gasline Mechanic: ( 2" or less ) Journeyman U,G.Machanic,. $ 25.73 $ 27.52 OVERTIME: See ( B, E, EZ,'~ ) HOLIDAYS:: PAID: See ( 5, 6, 8~ 9, lO. ll~ 16 ) on Holiday Page. OVERTIME: See ( 1 ) on Overtima Page. Supplemen(al Benefi(s: ( per hour Harked ) $ $.61+ $ 4.00+ $ 4.00+ 22Z 22.52 232 7-01-00- 3-01-01- 3-01-02- 2-28-01 Z-28-02 2-28-05 $ 26.65 4-1049 line Applicable to electrical maintenance of existing electrical systems including, Page ~vailing Ra~e Schedule New York S~a~e ~Depar~men~ o4 Labor .................................. Case Humber .................................. 010206q SUFFOLK 2000A bu~ no~ limited ~o, ~raf~ic signals and s±ree± lighting. HAGES (per hour) 7-01-00- 5-01-01- 4-50-01 4-20-02 Electrician $ 28.50 $ 29.20 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. ee ( i ) on HOLIDAY PAGE. E: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he folloHing Hage. 1st Znd 5rd ·-4~h 5~h . - q0Z bO~ 60% /OX 80% SUPPLEMENTAL BENEFITS= (per hour Horked) $ 11.69 + $ 12.2~ 5X o4 Hage $% o4 Hage TRIMMER - Liqe Clearance Soec~alis~ 7-01-00- 12-50-00- 12-29-00 1-05-02 HAGES: ( per hour ) .............. $ 19.50 $ 19.99 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. ~See ( 5, 6, 8, 9, 10, 11, 16, ) on HOLIDAY PAGE. OVERT[HE: See ( I ) on OVERTINE PAGE. SUPPLEHENTAL BENEFITS: (per hour Horked) $ 5.87+ $ 4.12+ 12.5% 12.5 4-25m TRE~ 1-06-02- 6-20-02 ~ 20.4q $ ~.37+ 12.5% HAG,S (per hour) 1/01/99- 6/50/99 S~ruc~ural ........... $ 57.70 Riggers .............. 57.70 Page 15 ling Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2000A Machinery Movers ..... 57.70 " " Erectors... 57.70 pVERTIME PAY: See ( B, Ex, Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours, double time thereafter. HOLIDAYS: PAIU: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. ~.( 172 ) year terms at the following Hage. "$ ZO.bb Zl.lb Zl.15 Xl./5 Zl.75 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 2Z.55 Apprentices 17.88 9-40/561 HAGES(per hour) 7/0'I/9Bo 6/30/99 Reinforcin9 & Metal Lathzng .......... $ 31,45 OVERTIME PAY: See ( C~ O, V ) on OVERTIME PA$£. HOLIDAYS: ffAIU: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( S~ 6~ 8, 10, 11~ 13, 18, 19 ) on HOLIDAY PASE. APPRENTICES:( 1 ) year terms at the ~ollowing wage rates. 1st Znd $16.00 $1~.~ $Z1.86 ~UPPLEMENTAL BENEFITS:(per hour ~orked) Journeyman $ l?.q8 1A~s~rterm 10.68 2nd term 11.6B 5rd term 15.6B ~th term 1~.88 IEON'HOffKER 9-46 HAGES(per hour) 0rnamental ............. Chain L~nk Fence ....... 01/01/00- 6/~0/00 $5,54 55.54 ' J~l Page lq vailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A Guiderail Installation. $5.5~ OVERTIHE PAY: See ( A, D1, Ex, Q, V ) on OVERTIHE PAGE. ~Oouble tiae after 7 hours on Saturday. HOLIDAYS= HAIU: Fee ( 1 ) on HOLIDAY PAGE. OVERTINE= See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the folloHing percentage of Journeymants 6ox 65Z 7OX 8ux ~bZ ~ SUPPLEHENTAL BENEFITS:(per hour Horked) Journeyman $ 18.66 Appr 1st term lg. O1 Appr 2nd term 19.59 Appr 3rd term 20.15 Appr qth'.term' 21.29. Appr 5th term 21.87 Al)pr 6th term 22.99 9-580 ~ABORER HAGES (per hour) 07/01/99- 06/S0/00 07/01/00- 06/30/01 07/01/01- 06/30/02 But ldingLaborer: Except Abatement ...... $ 22.55 $ 1.$8 adtl. $ 1.43 edt1 For Abatement See BeloH OVERTIHE P~Y: See ( A~ E~ E2, Q ) on OVERTIHE PAGE. See ( I ) on HOLIDAY PAGE. ME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS: (per hour ~orked) $ 15.q9 Abatement Only ........ 07-01-00~ 12-01-00- 12-01-01- 12-01-02- 11-~0-00 11-30-01 11-$0-02 11-30-0~ Hages ..................... $ 21.q5 $ 1.55 adtl. $ 1.00 adtl. $ 1.00 adtl. Supplemental Benefits ( per hour Horked ) ....... $ q. O0 q-66 LAI~'UHb. K - HEAVY/HI~HHAY Laborer (Heavy/H~ghway) = Group # l: Asphalt Rakers and Formsetters. ~vailieg Rate Schedule Page 15 New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A Group # 2: Asphalt Shovelers, Roller Boys and Tampers. Group fl $: Basic Laborer, PoHer Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. HAGES (per hour) 6-01-00- 6-01-01- 6-01-02- 5-$1-01 5-51-02 5-51-05 Heavy/Highway Laborer: Group # 1 ............. $ 26.67 $ 1.q5 adtl. $ 1.50 adtl. Group # Z ............. 26.06 1.q2 " 1.q7 " Group # 5 ............. 2q.05 1.55 " 1.qO " NOTE= PREMIUM PAY 20% on straight ~ime hours for NEH YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. Apprentices: ( 1 ) year ~erms at the following percenfages of journeymans ls~ year .......... 802 2nd year .......... 90% OVERTIME PAY:. See '( B, F, 52 ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SuPp~EMSNTAL BENEFITS: (per hour worked) $ 15.~2 q-1298 r) 1/01/00 Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.98 Marble Restoration Finishers ............. 15.07 ~ See ( A, E, Q, V ) on OVERTIME PAGE. Journeymen receive 1/2 days pay for Labor Day. ~leaner, Maintenance and 1ST three terms of Apprentices See on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/Z ) year terms at the following percentage o~ Journeyman's wa e. SUPPLEMENTAL BENEFIT$:(per hour worked) Journe~an $ 12.~5 Cleaner/M~intenance 2.~0 Appr 5.80 + wage percentage of $ 6.09 5, 6, 11, 1~ ) eevailing Rate Schedule Page 16 MeH York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A 9-7/2q ~ASUN - Building HAGES(per hour) 1/01/00- 6/50/00 8uilding: Bricklayer .......... $ 35.22 7/01/00- 12/51/00 5q.27 pVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. ~ee ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of Journeyman's wage. 5 H Hfs) 6TH 1 t 5rd ~ 9~X_ (500 (500 Hfs) 'SUPPLEMENTAL BENEF-ITS:(Per hour worked)' Journeyman $ 15.56 15.61 Appr 8.5~ 8.55 9-1Brk Appr HAGES{per hour) Journeyman ........... 10.76 6.08 7/01/2000 2/07/2001 2/06/2002 27.00 27.50 28.50 9-1 Paver AS - uM -t vi or ~ ~ Shall include but not limited to: fired clay brick pavers, pre-cast con- crete slabs (london Nalks), pressed concrete pavers~ cobble stone, all types of flagging, asphalt concrete pavers- asphalt3c cement sand and s~one aggrega~e~ unit safety surface. MAGES(per hour) 8/01/99 Journeyman .............. $ 2~.12 Apprentice ( one year term ) .... 20.27 OVERTIME PAY: See ( B, E, Q ) on OVERTIHE PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. ~UPPLEMENTAL BENEFITS:(per hour Horked) Page 17 vailing Ra~e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2000A OVERTIHE PAY: See ( C, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, IO, 11, 15, 18 , I9 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms a~ ~he foIloHing percentage of ~ourneyman~s wage. 6OX SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $15.52 $1~.58 $1q.55 Appr Same percentage as wage. HA~UN - Holnter/Caulker/Cleaner HAGES(per hour) 7/01/99- 6/50/00 : Pointer, Cleaner,& Caulker (Hason) ..... $ 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. APPRENTICES: ( I ) year ~erms a~ ~he folIowing wage ra~es. let Znd 5rd ~h $15.00 l/.Zb ZI.UO zq.50 SUPPLEMENTAL BENEFITS=(per hour worked) Journeyman $ 12.65 Appr 1st ~erm 2.50 Appr Znd ~erm 2.75 Appr 5rd ~erm ~.50 Appr 4~h ~erm 6.50 9-550 9-1PCC HASUH ~AGES(per hour) 7/01/99 7/01/00 Cement Hason ......... $ 55.00 Add~. $2.00/hr. OVERTIME PAY: See ( C, O, V ) on OVERTIHE PAGE, ~ee ( I ) on HOLIDAY PAGE. Page 18 ing Rate Schedule New York Sta~e Depar~men~ of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A OVERTIME: See ( 5~ 6, 8, 11~ 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms at the ~ollowing percentage o~ Journeyman's Hages and ~ringes. q~ 5th SUPPLEMENTAL BENEFITS=(per hour worked) ~ lq.15 9-780 ~'~SUN - ~uildioq MAGES(per hour) 7/01/99 Building: Plasterer ............ $ 29.57 OVER~IHE PAY: See ( A, G, P~' V ) on OVERTIHE PAGE. HOLIDAYS= PAID= See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5~ 6~ 25 ) on HOLIDAY PAGE. APPRENTICES= [ 1 ) year terms a~ the ~ollowing percentage o~ ~ourneyman~s wage. 1st 2nd 5rd SUPPLEMENTAL BENEFITS=[per hour Horked) Journeyman ~ 12.25 Appr ls~ ~hree months 0.00 All other Appr 12.25 9-202P MASUN-Uuild[nq MAGES [per hour) 1/01/00- 6/50/00 Building: Mosaic & Terrazzo Horker...$ 51.58 ' Helper...$ ~0.07 OVERTIME PAY: See ( A E~ Q, V~ ) on OVERTIME PAGE. ~ $ 5.q~ added ~o supplements. HOLIDAYS: PRIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See { 5, 6, G, 11, 15, 16, 25 ) on HOLIDAY PAGE. Oevail:ing Ra~e Schedule Page 19 New York S~ate Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A SUPPLEMENTAL DENEFITS:¢per hour worked) $ 15.~5 9-7/3 MASON - Bui~dinq HAGES(per hour) Building: Tile Layer ........... 11/01/99 51.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS:_ ~AIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES:.( 750 hr)terms at the fpllowing percentage o~ ~ourneyman~s Hege. 1st 2nd ~ d ~ 5~h 6th 50X 5hZ 6~ SUPPLEMENTAL BENEF[TS:(per hour worked) $ 1q.82 9-7/52 NASUN - Bui~d~nq HAGES(per hour) 12/01/99 Building: Tile Layer Helper & Finisher ....... $ 26.Zq OVERTIME PAY: See ( A~ E, Q ) ON OVERTIME PAGE. HOLIDAYS: ?~IU: See ( 1 ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6~ 8~ 10~ 11, 15, SUPPLEMENTAL BENEFITS:[per hour worked) $ 12.q8 16 ) on HOLIDAY PAGE. 9-7/88 1EONHUEKEE HAGES(per hour) 1/01/00~ 6/30/00 Derrickman/Rigger .... $ 3~.01 7/01/00- 12/51/00 $ 3~.01 Oevailing Rate Schedule 2~ Page New York State Department of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2000A OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( I ) On HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the folloHing percentage of ~ourneyman's ~ ~ ~rd~oz 8Uzqth 9U~90z6th SUPPLEMSNTAL BENEFITS:{~er hour ~orked) $ 2~.q6 ~ 2q.56 9-[97 5UN - ~uildi HAGES(per hour) 1/01/00 Building: Marble Cutters & Setters ............. $ '$q.88 ~ See ( B, D, V ) on OVERT[HE PAGE attached. : Journeyman receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 1~ ) on HOLIDAY PAGE, Plus any day folloHing a Thursday or Sunday Holiday. All others See ( I ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at ~he fallo~[ng percentage of ~ourneyman~s Hage. ls~ 2nd 5rd qth 5th 6th bOX bb~ 65X 70X 6UX 95Z SUPPLEMENTAL BENEFITS=(per hour Horked) Journeyman $ 15.65 Appr 5.90 + Hage percentage of $ 9.75 9-7/q MASON-Buildinn H~GES(per hour) 1/01/00 Marble-Riggers, Crane & Oerrickman...$ 28.72 OVERTIME PAY: See ( C, O~ V ) on OVERTIME PAGE. I UL AY: 1/2 Day for Labor Day. : ee ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. Page 21 ~evailing Rate Schedule ~ New'York State ~ ~ Department of Labor ....................... ~- ........ Case Number ........... ~ .................... 0102064 SUFFOLK 2000A SUPPLEMENTAL BENEFITS:(per hour worked) $ 16,82 ? 1 ~ N OR L $ b HAGES (per hour) 7-01-00- 6-50-01 Brush. Paper Hanger,Taper $ 26.05 Structural Steel ......... 5~.65 Spray, Scaffold~Sandblast 28.q7 Repalnt/Renovatzon ....... 20.89~ 9-7/20 ~Additional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting~ and Rolling Scaffold 20~ and over. Lead Aba~ement a~ same ra~e as classlf[ca~ion. ~ See '( A, E, K ) on OVErTIME'PAGE. -Remain~/Renovat[op: See ( B ) on OVERTIME PAGE. See ( i ) on HOLIDAY PAGE. IME= See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: [ I )ls*year ~enmsda~2n theLrdfOllow[ng ra~es- Brush $ 10.75 16.01 19.11 Scaff./SB 11.8~ 17.62 21.09 Struc.S~l. 12.9q 19.24 25.08 Rp~/Ren. I0.75 16.0I 19.Ii SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. Journeyman $ 1~.67 All other Journeyman 1~.67 Appr ls~ year q.76 Appr all other terms 10.18 q-lq86 PLUMBER HAGES (per hour)7-Ol-O0- 11-01-00- 5-01-01- 10-51-00 4-50-01 10-51-01 Plumber ..... $ 5q.73 $ 35.43 $ 36.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. See ( I ) on HOLIDAY PAGE. IME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the follow~ng ra~es. 11-01-01- 5-01-02- 11-01-02- 4-30-02 10-51-02 4-30-03 37.53 $ 58.28 ~vailing Rate Schedule Page ZZ New York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2000A 1st year ...... $ 15.61 $ 15.89 $ 14.11 $ 14.$5 $ 14.57 $ 14.85 2nd year ...... 17.19 17.54 17.87 18.20 18.55 18.88 5rd year ...... 22.44 22.89 25.59 25.90 24.55 24.80 4th year ...... 24.17 24.66 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 1st term lO.iff 10.20 10.50 10.78 Appr 2nd term 11.80 11.88 12.20 12.52 A~opr 5rd term 11.98 12.08 12.43 12.77 Appr 4th term 12.69 12.80 13.17 15.54 Appr 5th term 13.07 15.19 13.57 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 Journeyman ................. $ 50.03 $ 51.60 Overtime= ( B, E, Q ) on Overtime Page. Holidays= Paid ( I ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the ~olloHing rates; App= 1st yr ................ $ 11.75 $ 12.22 App= 2nd yr ................ -14.98 15.64 App= 5rd yr ................ 18.10 18.95 App= 4th yr ................ 21.18 22.21 Hechanic= .................. 26.27 27.57 servicemen= ................ 18.10 18.95 Supplemental Benefits ; per hour Horked. Journeymen ................. $ 15.56 $ 15.61 App. Ist yr ................ 6.41 6.66 App. 2nd yr ................ 7.72 7.97 App. 5rd yr ................ 9.15 9.58 App. 4±h yr ................ 10.59 10.84 Hechanic: .................. 12.51 12.56 Servicemen: ................ 9.15 9.58 18.75 $ 19.50 11.08 11.54 12.84 15.14 13.19 15.57 15.99 14.40 14.41 14.85 4-200 HAGES (per hour) 12/29/99 Steam Fitter .......... $ 36.50 Sprinkler Fitter ...... 56.50 Page ~evailing Rate Schedule Ne~ York State ~ ~D ttfLb ....................... ~ ........ Case Number ........... I~--~-~--~---~-~ 010206q SUFFOLK 2000A For Hork on Temporary Heat S Air Conditioning ....... $ 27.58 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the Following percentage of Journeymants lS~ 2nd. 3rd. qth. 5~h. SUPPLEMENTAL BENEFITS:(per hour paid) For Hork on Temporary Heat & Air conditionsng ApprentiCes 18.75 + .3q per hour worked + .3q per hour worked ~erm percentage of 18.'75 plus ~3q per hour worked 9-6S8A HAGES(per hour) 7/01/00 Steamfitter ......... $ 25.55 Refrigeration~ A/C~ Oi! Burner and Stoker Service and InstaI~ations, [~mited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (IO) horsepower. OVERTIME PAY=See ( B, E, ~, S~ ) on OVERTIME PAGE. ~ee ( 2, 6, 9, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: ~ ( 2, 6, 9, 15, 17 ) ~ ( 10, 1], 26, Memorial Day ) IPPRENTICES: ( i ) year ~erms at the following wa e. g ~t 6 mo 2nd 6 mo 2nd ~r 3rd yr q~h ~r 7.10 ll.q~ 15.77 l$.Oq l~.Sq SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman ~ 5.56 Appr 1st term 5.35 ~pr 2nd term 5.lq A~pr 3rd term q.gB Appr q~h ~erm ~.85 9-6388 Oe Page Zq vailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A 7-01-2000 lO-O1-2000 10-01-2001 HAGES (per hour) 9-30-2000 9-$0-2001 9-30-2002 Roofer/Haterproofer ............... $ 26.50 $ 1.75 adtl. OVERTIME PAY-New Roof: See ( Az E~ EZ. Q ) on OVERTIME PAGE. OVERTIHE PAY-~eroot: See ( B, E., E2, Q) on OVERTIME PAGE. iS~ee ( 1 E: See APPRENTICES: ( 1 ~st 2nd Srd sUPpLEMENTAL BENEFITS: Journeymen . Apprentices 1st 2nd 5rd 2.25 adtl. on HOLIDAY PAGE. q, 6, 13, 16, 25 ) on HOLIDAY PAGE. year terms a~ the folloNing percentage of journeyman,s wage. (per hour worked) $ 18.0q 2.1'5 3.90 9.87 q-15q SH bi El L U KEK HAGES (per hour) Sheetmetal Horker .... 7-01-00- 8-01-00- 2-01-01- 8-01-01- 2-01-02- 7-31-00 1-31-01 7-~1-01 1-31-02 7-31-02 $ 33.17 1.25 adtl 1.35 adtZ 1.q5 edt1 1.60 edt1 For Temporary Operation or Maint.of Fans .............. 80Z of Sheetmetal Rate Decking 8 Siding Hork: ..... $ 28.70 OVERTIHE PAY: See ( C. E2. O. V ) on OVERTIHE PAGE ( D, E2, O, V ) on Fan Haint./ Decking & Siding ee ( 1 ) on HOLIDAY PAGE. E: See ( 5~ 6, 11, 12~ 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/23 d)ryear terms at the following percent of journeyman ra(e 5t 6th 7th 8th 1st 2nd ~ 5UX ~SX qUX bbZ 6U~ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 20.93 Appr 1st term 6.28 Appr 2nd term 7.33 Appr 3rd term 8.37 AppP ~th term 9.q2 Appr 5th term 10.~7 Appr 6th term 11.51 Appr 7th term 12.56 Appr Bth term 16.7q ee · Page 25 New York State vailing Rate Schedule Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A Decking 8 Siding ............. 9.96 ~-28 Halder,..To be paid the rate of the ~echanic performing the Hark. TEAMSTER-Buildina Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur an~ Excavation. HAGES (per hour) 7-01-00- 7-01-01- 6-30-01 6~$0-02 Truck Driver (Building and Heavy/Highway): Group ! .................. $ 28.755 $ Z9.q05 Drivers of three-axle tractors 8 trailers~ $6.00 per day additionaI. Drivers of heavy equipment & tagalang tra~lers, $ 10.00 per day additional. Drivers of boo~l trucks, $ 10.00 per ~ay additional. OVERTIHE PAY: See ( B, E, R ) on OVERTIME PAGE. See ( 5, 6. 16, 25 )~ on HOLIDAY PAGE. ME: See ( S, 6, 16, 25 )~ on HOLIDAY PAGE. ~ must Hark tho days in holiday Heek. SUPPLEMENTAL BENEFITS: (per hour Harked) ~ 16.01 $ 16.61 ~-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Haste HAGES (per hour) 7-01-00- 7-01-01- 6/50/01 6-50-02 Truck Driver, Chauffeur or Loader/Opera~or $ 21.55 $ 21.85 21.65 22.15 OVeRtIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. )See ( 5,.6, 7! 8, 11, 12~ 26 ) on Holiday Page. (~) Mus~ work ~wo days zn Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Page 26 vailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102066 SUFFOLK 2000A ~ 15.65 $ 16.68 6-282.Demo HAGES (per hour) 7-01-00- 1-01-01- 12-51-00 6-$0-01 Sign Erector .......... $ 27.40 $ 27.90 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. ~ee ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME= See ( 5~ 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES= ( 1/2 ) year terms at the folloHing percentage of ~ourneYman~s .Hage. st qUZ q~z 60Z 65X 70Z 75Z SUPPLEMENTAL BENEFITS: Journeyman ........... $ 17.47 $ 17.60 App 1st term .......... 5.61 5.65 App 2nd term ......... 6.06 4.07 App $rd term ......... 4.48 6.51 App 4th term ......... 6.91 6.96 App 5th term ......... 7.~6 7.58 App 6th term ......... 7.77 7.82 App 7th term ......... 10.21 10.25 App 8th term ......... 10.86 10.89 App 9th term ......... 15.07 15.12 App loth term ........ 15.50 15.56 loth 9-157 Oavailing Rate Schedule Page 27 New York State Department of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2000A ?~INIEE ~ S~rz~in~ HlahHay HAGES(peP hour) 7/01/1999 Painter (Striping-HighHay): Striping-Machine Operator ....... $ 21.57 n Helper .................... 15.79 Linerman ....................... 2~.09 OVERTIME PAY= Sea ( B, E, P, S ) on OVERTIME PAGE. 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 terms a~ the following rates of journeyman's wage. 1st 2nd 5rd qth 5th $10.00 511.00 512.00 $15.00 51~.00 sUPPLEMSNTAL BENEFITS:(per hour pe~d) 22% of wage 5 .50 g-8a/28a (250) SURVEY CREH - ~u~l~ino HAGES:(oar hour) 1/01/00 7/01/00 Survey Rates-Building: Party Chie~ ....... ;.5 52.77 Addit. 5$.01/hr. Instrument Man ...... 27.19 Addit. 51.Sq/hr. Rodman ............... 18.5q Addit. $1.51/hr. OVERTIME PAY: See ( A. E~. Q. V ) ON OVERTIME PAGE. ~Uoubletime paid on the 8th hour on Saturday. ~ee ( 5, 6. 8~ 11, 12, 15, 25 ) on HOLIDAY PAGE. OVERTIME: See ( 5~ 6, 8, 11~ 12~ 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BEN~FITS= (per hour paid) Journeyman 5 15.qO SURVEY UREH - Heavy/H~ohwav HAGES: (per hour) 9-15Db Oe Page Z8 vailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A 1/01/00 7/01/00 Survey Rates-Heavy/Highway: Party Chief ............. $ 32.18 Addit. $3.2Z/hr. Instrument Nan .......... 25.92 Addit. $1.78/hr. Rodman .................. Z3.2Z Addit. $1.qg/hr. OVERTIME: See ( B, Ex. Q, V ) ON OVERTIME PAGE. ~Boubietime paid on the 9th hour on Saturday. HOLIDAYS= PAZU: See ( 5, 6. 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year ~erms at the following Hage ra~es. 1st term $ 9.97 2nd term 14.lq SUppLEMENTAL BENEFITS (per hour paid) Journeymen $ 15.qO Apprentice 8.65 9-15D-N/S co. $ EY - b - Go u tz E zne r CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision o~ construction when parforme~ under a Consulting Engineer agreement. HAGES:¢per hour) 7/01/1999 Survey Rates: Party Chief ......... $ 2S.96 Instrument Man ...... 20.63 Rodman .............. 17.88 ~ See ( B. Ex. Q, V ) ON OVERTIHE PAGE. paid on ~he 9th hour on Saturday. HOLIDAYS: PAID= ~ee ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5~ 6, 7~ 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.60 9-15dconsult · ~ Page 29 veiling Rate Schedule New York State irtment of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2000A HAGES(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= Hazardous Haste Pay Oifferential: For Level C, an additional $ 0.25 per hour For LevelB; an additional .75 per hour For Level A, an additional 1.00 per hour Note= Hhen required to Hork on Hater: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIHE: ~ See (5; 6 ) on HOLIDAY PAGE. ~ See ( 8, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour Horked)' $ 7.69 0 E U Mb UF A UR -eav 'a HAGES (per hour) 7-01-00- 8-01-00- 7-31-00 7-$1-01 Hell Driller: .......... $ 23.72 $ 25.83 Hell Driller Helper:... 21.10 21.13 OVERTIME PAY= See ( 8, E, G, P ) on OVERTIME PAGE. See ( ~, 6, 16~ 23 ) on HOLIDAY PAGE. DSTERTIME: See ( 5, 6, 16, 23 ) on OVERTIHE PAGE. 9-1536 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .............. $ 8.65+ Overtime... $ 10.95 + 10% o~ rate 10% of rate Hazardous Haste Differential Level A ................. $ 5.00 per hr over rate Level B ................. 2.00 " " " " Level C ................. 1.00 " " " " q-138Hell Page ailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2000A ?OHb~ EUUi~M~NT Off~AIU~ - ~uildinq A ":Crane. Truck Crane, Derrick, Dragline, Dredge, CraHler Crane, Tower Crane. Pile Driver. CLASS B : Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry PzcKer Lover 50 tons}. Concrete Pump~ Gradall. Grader. Hoist, Loading Machine (10 yds or more). Milling Hachine. Power Hinch-Stone Setting/Structural Steel/Truck Mounted, PoNerhouse, Road Paver, Scoop-C&rr~all-Scraper in Tandem, Shovel~ Sideboom Tractor, Stone Spreader (Self Propelled), Tank Hork, Tower Crane Engineer. CLASS "C": Backhoe, Boom Truck. Bulldozer, Broing Hachine/Auger, Cherry Picker~ Conveyor-Multi, Dinky Locomotive, Fork L~ft, Hoist (2 Drum), Loading Hachine & Front Loader. Hulch Hachine (Hachine fed), PoHer Hinches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Borin~ Haehine, Scoop, Carryall, Scraper, Haint. Hen on Tower Crane, Trenching Hachzne, Vermeer Cutter, Hork Boat. CLASS O : Curb Haohzne, Ha[ntenance Engzneer (Smel! Equip. & Hell ~el~..Hechanic, M~lling Hachine (Small.). Pulvi-Mixer, Pumps~ Roller' (Dirt), vac-R~z, Relding/~urn[ng~ Compressor (Structural Steel & 2 or mope in Battery), Concrete Fini-shing Hechzne, Concrete Spreader~ Conveyor, Curin~ Hechine, Fireman, Hoist (One Drum). R~dge Cutter, Striping Hachine, Holding Hachine (Structural Steel & Pile CLASS "E"= Compressor (Pilot Crane, Stone Setting), Concrete Breaker/Saw Cutter, ~ork Lift (Halk Behznd/Power Operated)~ Generator (Pile Hork). Hydra Hammer& Hand Operated Hechan[cal Compactors¢ Pzn Pullert Portable Heater, Power-~rpom/Buggy/Grinders, Pumps-Single Action I to $ znches/Gypsum/Double Action Dzaphragm~ Hand Trenching Hachlne, Holding Hachine. Class "F': BeLching Plant, Generator, Grinder, Mixer, Mulching Hachine~ Oiler, Pump [Centrifugal up to 5 inches), Root CutteP~ Stu~ Chipper, Oiler on Tower Crane, Track Tamper, Tractor, VibratOr~ Deckhand onHork Boat. HASES (per hour) 7-01-00- 5-31-01 Class ' A ' ............... $ ~Add $5.50 for Hazardous Haste Hork Class ' B" ............... ~Add $2.50 for Hazardous Haste Hork Class "C" .............. . ~Add $1.50 for Hazardous Haste Hork Class ' D" 29.fi~ Class "E" 27.10 Class" F" 25 93 ~(C:ranes : Boom length over 100 foot a~d $ 0.50 p~r hour " 150 " $ 0.75 " ' ' ' 250 ' " $ 1.00 ' " " " " 550 ' ' $ 1.50 ' ; See ( D, 0 ) on OVERTIME PAGE. ( 5. 6, 7, 8, 11, ) on HOLIDAY PAGE.~ ay before & day a~ter, or receive 2 hours pep intermittent day Page availing Rate Schedule New York S~ate Oepart~en~ of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2000A OVERTIME: See ( 5, 6, 7, 8, 11, ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year terms a~ the following rates; ls~ yr .............. $ 16.7~ 2nd yr .............. 17.q2 3rd yr .............. 17.9~ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ......... $ 21.9~ No~e Note:OVERTIME Journeyman ' 23.90 Apprentice .......... I3.I~ No~e Note:OVERTIME Apprentice 8.~0 ~-138 o b~ u I KA UK - ea H hHa HEAVY ! HIGHHAY: CLA~$ "A"; Crane, Truck Crane, Derrick, Oragline, Dredge, Crawler Crane~ Tower Crane, Pile Driver. CLASS "B": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Hachine, Cherry ?~cker {over ~0 toR$). Concrete pump, Gradall, Grader~ Hoist Loading Hachine (10 yd$ or more). Milling Hachine~PoHer Hinch-Stone Setting/Structural, S~eel/Truck Moun~ed, Powerhouse~ Road Paver, Scoop-Carryall-Scraper in Tandem~ Shovel, Sideboom Tractor, Stone Spreader (Sel~ Propelled), Tank Hork, Track Alignmen~Nachine. S "C" CLAS : 8ackhoe~ Boom Truck! Bulldozer, Borin~ Hachine/Au~er, Cherry - F~ck~r, conveyor-Multi/ Dink~ Locomotive, Fork Lzft, Hoi$~ (~ Drum)/ LoaDing Hachzne and Front Loader. Muzch Hachine (Hachine fed), Power Hinches (All o~hers not included ~n CLASS B), Asphalt Roller, Hydraulic Pump with Boring Hachine, Scoop, Carryall, Scraper. Main~. Hah on Tower Crane,Trenching Hachine, Vermeer Cut,er, Work Boat. C~ Curb Machzne~ Hazntenance Engineer (Small Equip. S Hell Point), d l~[-R~6~anlc, H[]3[ng Hachine (Sma]])~ Pu]vi-Hixer, Pumps, Roller (Dirt), Vac-AII, ~eIdin~/Burning, Compressor (Structura! Steel & 2 or more in Battery), Concrete rinishzng Hachzne, Concrete Spreader, Conveyor, Curing Hachine~ F~reman, Hoist (one drum). Ridge Cutter, Striping Machine, Hel~ing Machzne (Struc±ura! Stee! & Pile Work). CLASS "E": Compressor (Pi~e~ Crane, S~one Se~ting), Concrete~Breaker/Saw Cutter, Hork Li~ (Ha!k Behznd, Power Operated), Generator (r~le Hork), Hydra Hammer, Hand Opera,ed Hechanica! Compactors. Pin Pu!lerz Portab!e Hea~er. Power-Broom/Buggy/Grinders, Pumps-Single Action ! to $ znches/Gypeum/Double Action Diaphragm, Hand Trenching Hachzne, He!ding Machine. C!ass F : Ba~chzng P!an~, Generator, Grznder, Mixer, Hulch[ng Hachine, Oi!er, Pump [Centri~uga! up to $ inches), Root Cu~ter, Stump Chipper, DJ!er on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand onHork Boat. C!ass "G ": Lead Tec TV Crew. Class "H ": He~ Out Tec. C~ass" % ": Technician. Boiler 0para,or: eevailing Ra~e Schedule Page New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A HAGES (per hour) 5-S1-01 Class "A" ............... ~ S5.28~ ~Add $5.50 for Hazardous Has~e Hork Class "D" ............. Class "E" ............. Class "G" Class "H" ............. Class" I " ~oiler Opera(or ...... ........................ ~Cranes : Boom ieng(h, over 100 " " 150 " " " ' 250 " " " " 550 Hork, $0.95~ Hork. 29.78 27.q5 26.27 29.17 29.17 28.00 28.58 f~o± a~d ~0.750'50 p~r h~ur. " " $ 1.00 " " " " $ 1.50 " " NOTE: PREMIUM PAY 20% on s~raigh~ ~irne h~urs fo~ NEH YORK STATE D.O.T. and o~her GOVERNMENTAL MANDATED off-shif~ Hork. DVERTIHE PAY: See ( D, 0 ) on OVERTIME PAGE. IY- ~See ( 5~ 6, 7, 8~ I1 ) on HOLIDAY PAGE.~ ~N ~Hork day before 8 day al(er or receive 2 hfs per in(ermi((an~ day OVERTIME: See ( 5~ 6, 7, 8, ll ) on OVERTIME PAGE.~ APPRENTICE ( I ) year ±erms a~ (he folloNing Pa(es; ls( yr .................... $ 16.7q 2nd yr .................... 17.q2 5rd yr .................... 17.9q SUPPLEMENTAL BENEFITS: (per hour Horked) No~e:OVERTIME Journeyman. Apprentice ............... No(e: OVERTIME Apprentice 'HA~INE CON~IKU~IUN HAGES (per hour) Hydraulic Dredge= Class A: Leverman ............. Class B: Engineer ............ Derrick Opera~or... Chief Ma~e ......... Chief Helder ........ Electrician ......... Fill Placer ......... Assi. Fill Placer ..... 21.9q No(e ZS.90 15.19 No(e 8.qO 10-01-99- 9-$0-00 $ 26.68 25.51 25.51 25.18 25.80 22.82 25.18 21.29 q-lS8 . ~evailing Rate Schedule ~s~ Page 35 New York State I IDepartment of Labor ........................ ~ ........ Case Number ........... -~ ................... 010206~ SUFFOLK 2000A Boat master .......... Class C Haintenance Eng ...... Mate ................. Helder Dredge ........ Spider Barge Oper .... Boat Capt ............ Steward .............. Chief of Party ....... Class D Deckhand ............. Oiler ................ Fireman .............. Shoreman ............. Rodman ............... Tug Deckhand ......... 22.65 22.67 21.17 22.51 22.12 21.52 21.12 21.17 17.0q 17.69 17.69 17.0q 17.0~ 17.26 OVERTIME: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY= PAID: See ( 5, 6~ G, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8,.10, 15 ) on OVERTIME PAGE. The following SUPPLEMENTAL BENEFITS apply to ALL classifications. SUPPLEMENTAL BENEFITS= All Class A & B (per hour aorked) $ q.q6 ( OVERTIME $ 1.25 EXTRA ) plus 8% of HAGE All Class C All Class D $ 5.86 ( OVERTIME $ 0.95 EXTRA ) plus 8% of HAGE 5.26 ( OVERTIME $ 0.65 EXTRA ) plus 82 of HAGE HAM1NE CONSiMUCllON HAGES (per hour) Dipper & Clamshell Dredges= Class A: 10-01-99- 9-50-00 4-25a Page 3q ing Ra~e Schedule Ne~ York S~ate Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2000A Operator .......... $ 26.26 Class B: Operator II ....... 2].55 Engineer .......... 23,12 Boat Master ....... 21.7q Class C: ~aintenance Eng... 22.07 Iflate .............. 20.57 Helder ............ 21.72 Boat Capt ......... 20.72 Chie~ of Party .... 20.57 Class p: Oiler ............. 17.$9 Fireman ........... 17.59 Sco~man ........... 16.75 Rodman ............ 16.75 Tug Deckhand ...... 16.96 Deckhand .......... 16.96 AY: ~ See ( 5, 6, 8, 10, 15 ) on Holiday Page. OVERTIME: See.( 5, 6, 8, 10, 15 ) on.Overtime Page. SUPPLEMENTAL BENEF[TS= (per hour ~orked) Class A & B $ q.46 ( OVERTIME $ 1.25 EXTRA ) plus 8Z of MAGE 82 of Hage Ciass C $ 5.86 ( OVERTIME $ 0.95 EXTRA ) plus 8Z of HAGE Class D $ 5.26 ( OVERTIME $ 0.65 EXTRA ) plus 8Z of HAGE 4-2515 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 ¢ 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 Hem~stead District Office at (516)485-4878 regarding proper use of these ra~es. 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** =lTl =.73 ~Z I do hereby state: 1. That i pay o~ supervise the payment of the parsons employed by on the ; that during the payroll period commencing (emi*ct ~r onthe dayof ~, 20 , andendlng the clayof ~, 20 ,all that no rebates have be~n 0~ will be made either directly (x Indlrscfly to or on behalf of said contractor, from the full weeidy wages earned by any pemon arid that (cowad~ M sM).c~Yact~ no deductions have been made either directly or IndlmctJy from the full wages seined by any parson other than perrnlselble deductions as defined by Regulations issued by the New Ycwk State Deflartment of Labor. If any wages am unpaid, as repotted in Column 10 on the fron~ of this form, explain below:. 3. That any aW empk~ kt fl~e aboYe period are duly re~ ht a bona fide ap~lp program re~ wt~ a StYe w~NxenUcesldp ageltcy recognized by tM New Yo~ Bm.eay of A~omM~.i~ldp and T~ D~)MtnW~ Oi' Labo( and Indus~y. (NOTARY & SEAL) oF , ~.D, 2O . ¢ STAT~ CXc NEW,YORK . ~l~'~ .. BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ STAT~ OEF1CE IUILD4NG CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW F~ (518) 485-1870 or mai! tMs form for new schedules or for determinstion for additional occupations. Plesse type sl! informstion Requested Below SU~MITI~D BY: O ~ONTR.ACT~lqG AGENCY O PLrBLIC WORK DISTRICT OFFICE IDATE A PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) t. Nameandcompleteaddress(ocheckifneworchange) 2. O N.Y. StateU,~ r~07City O 01DOT 13 08 Local School Dist~t O 02OGS 130g Special Local District. i.e., [] 03 DORMITORY AUTI~ORFI¥ ~qre0 Sever, Water Dislrlct .... O 04 STATE UN~ER~TY 13 10 Village CONSTRUCTION FUND 13 11 Town O OS MENTAL HYGIENE c~ 12 County EACIUTIES COR~, Q 13 Other No~-N.Y. State Tele~ne: ( ) Fax: ( ) Q 0~ OTHER N.Y. STATE UNrr (Describe) 3. S~NDREet.¥TO (13chec~ifneworchange) 4. S~RVlCEREQUIRED. Chec~ap~'oprlateboxandpro~qdel~ect Name and complete add~e~ informatio,. O New Schedule of Wages and Supplements. IAPpROxIMATE BID DATE C] Addltionel O<:cupation and/or RedeterminatJon Telephone: ( ) Fax: ( '1 - THIS PROJECT i .. _ :. B. PROJECT PARTICULARS ~' ~' ~ ~' ~: ...... '~ : 5. ProjectTITLEand~ordescfiptionofworktobeparformed. ~. Location of Proj~ct: Include contract identification number, if applicable Location on Site , Route No/Street Address Village or City. Town County 7. Nature of Project - Check One 8. OCCUPATION FOR PROJECT O 1. Newguilding [] 2. Addition to Existing S~n..ctore 13 Cons~'uction (Building, Heavy O Guards, Watchmen [] 3. Heavy and Highway Construction (New and Repair) Highway/Sewer~Vater) O Janitors, porters, cleaners r~ 4. New Sewer or Waterline 13 Tunnelling Q Moving furniture and 13 5. Other New Construction (Explain) Q Residential equipment o 6. Other Re~onsUuction, Maintenance, Repair or Aiteration C] Landscape Maintenance 13 Trash and refuse removal [~ 7. Demolition . [] Elevatormaintenance O Window¢leaners [3 8. Building Servke Contract [] Exterminators, Fumigators 13 Other (De~:ribe) 9. Name and T'~e of Requester Signature OFFICE USE I ~NLY Locality Designations Locality Designations Silt: O11-118 $1D£ FOR LAWS RELA¥1N~ 10 PUBL~2 WORK CoN'rR~cI~ 8'I'ATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section ~0 - ~9) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law reqmrss public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work con~t~a, ct not less th.a.n the prevailing rate of wage and to provide supplements (fringe benefits) m accordance w~th the prevailing practices in the locality where the work is performed. The Department of Jurisdiction award.'.m~, a public work contract MUST obtain a prevailing .r.a~ schedule from the Bureau of Public Work of t. he New York State Department of Labor listing the' hourly rates for th~ trades and occupations Of the workers to be employed on the ' public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awardedand 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 FI~OM~OIX~TRA~ORS: ~ ~ .:~ i ~ _ - ~.,. ~ ¥. ~'~ ~- ;~ ~ · When the Bureau of Public Work fin-ds that a~contractor or.:~ubcont~raCt0r_oni, a:p~blic.work;..~ project failed to pay orprovide the requisite prevailing ~wages.or. supplemants;:the. Bureau is--:, authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld f~om any payment due the prime contractor on account of such contract the amount indicated bythe 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 se withheld. STATt O~'FI¢~ ~,qLDI~ CAMf~J$ - 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 ~ written in plain English and titled, in lettering no smaller than ~'o 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 can~ing out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and subcontractors working on public work projects. STATE OF,~W YORK THE PEOPL£ OF THE STATE: OF hTw ¥OIUC. II/fRESi:,~ITD IN ~i?~11: x,~l) A.~£MBLY, DO [NA~ AS FOLLO~ THAN ~0 I~H~SIN HU~ A~ ~0 I~ ~ ~ ~ ~ ~ ~:~1-~ i oF MJ, TERJALS CAJ'ABI~ Of' WITHS'I'AM)ING ADVEI~i: ~T:.ATHER CONDITIONS 10 UILDING TRADES RATIOS (ALPHA~TICALLY) Title ~ RaUo Boilermaker (Construction) 15-333 Boilermaker 33-016 Bricklayer, Mason & Plasterer 11-274 Bdcklayer-Mason 11-025 Cabinetmaker 44-033 Carpenter 12-037 Cement Finisher or Cement Plason 11-038 Cor~ Inspector (Hwy & Traffic Con) 18-50~ D~f Wall Taper 14-349 Elecb-ical (Outside) Line Worker 17-071 Electrician 17-072 Elevator/Escalator Construction & Modernizer 18-541 Glazier 16-087 'Insulation & Asbestos Worker .18-006. Iron Worker 15-221 Laborer (See Skilled ConstnJction CraR Laborer) Lather (Carpenter) 14-~.~.~. 1:1,1:4 Lather (Wood, Wire & Metal) 14-114 1:1,1:5 Linoleum & Resilient 'file Layer 16`11S 1:1,1:3 Linoleum, Resilient 'lqle & Carpet L 16-117 1:1,1:3 Marble, Carver, Cutter & Setter 11-136 1:1,1:4 Hillwright 32-143 1:1,1:4 Op Engineer (Grade & Paving Equip) 18-286 1:1,1:5 Op Engineer (Heavy Duty Repairer) 18;288. . I: 1,1:5 O~ Engineer (Heavy Equipment) : 18-318.~ ~ ~ I:I,I:S Op Engineer (Universal Equipment) 18-285 --:...: 1:1,1:S Ornamental Iron Worker - - : 15-154 1:1,1:4 Painter & Decorator ' '14-156 1:1,1:3 Painter, Decorator & Paperhanger 14-157 1:1,1:3 Paperhanger 14-357 1:1,1:4 Pipefitter 13-176 1:1,1:3 Plasterer 14-178 1:1,1:3 Plumber & Plpefitter 13-363 1:1,1:3 Plumber & Steamfitter 13-181 1:1,1:3 Plumber (Residential) 13-366 1:1,1:3 Plumber 13-180 1:1,1:3 Pointer, Caulker & Cleaner 11-282 1:1,1:4 Rodperson 89-476 1:1,1:3 Roofer 15-194 1:1,1:2 S~fety Technician Painting 14-528 1:1 Sheet f4etal Worker 15-201 1:1,1:3 Skilled Construction Craft Laborer 18-514 1:1,1:3 Sp~inkJer Fitter 13-334 1:1,1:2 Steamfitter 13-215 1:1,1:3 Stone Mason 11-219 1:1,1:2 Tile Setter 16-226 1:1,1:4 'file, Marble & Terrazzo Finisher 16-497 1:1,1:4 1:1,1:4 1:1,1:3 1:I,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:I,1:3 1:1,1:2 1:1,1:3 · 1:1,1:4. 1:1,1:6 2/4/00 - Please call Apprentice Training Central O6qce at (518) 457-6~20; if.-yo~ 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. B. 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 othenvise, 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): BULKHEAD RECONSTRUCTION & RESTORATION J-1 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) (s) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The'contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to pest 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, t965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. BULKHEAD RECONSTRUCTION & RESTORATION J-2 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 reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. BULKHEAD RECONSTRUCTION & RESTORATION J-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. 10925, or'the clause contained in section 201 of Executive Order No.. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this "1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. BULKHEAD RECONSTRUCTION & RESTORATION J-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 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. 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- 112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. BULKHEAD RECONSTRUCTION & RESTO~TION J-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with a!l applicable standards, orders,.or regulations issued pumuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. BULKHEAD RECONSTRUCTION & RESTORATION J-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 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 r~ot 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 State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; BULKHEAD RECONSTRUCTION & RESTORATION J-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. BULKHEAD RECONSTRUCTION & RESTORATION J-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. I~ULKHEAD RECONSTRUCTION & RESTORATION K-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 Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity' with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). BULKHEAD RECONSTRUCTION & RESTORATION K-2 GENERAL CONDITIONS The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. In the event that anything reasonable, necessary or proper for the complete .performance of the work to produce a first class finished job, has not been described in these specifications clearly, through 'oversight or palpable errOr, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on- site accidents or safety conditions. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All dredge spoil & debris generated at this site may be deposited by the contractor at the Southold Town Collection Center at NO COST. BULKHEAD RECONSTRUCTION & RESTORATION Page 1 BULKHEAD RECONSTRUCTION & RESTORATION PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard Site Plan, Typical Sections & Detail drawings attached. 1.02 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Dept. Of Environmental Conservation. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the following: A). Excavation & Demolition of existing bulkheads. Demolition & Removal of the existing Timber bulkhead shall be the contractors responsibility. All excavations shall be to a minimum depth of 2'-0" below existing mud line. Excavation shall be in such a manner as to limit the amount of damage to the existing pavement. Any unnecessary damage to the existing pavement or adjacent property shall be replaced by the contractor at no additional cost. Existing bulkhead Structures at each end of proposed work shall remain in place. The contractor shall verify the integrity of all adjacent Piling to remain. All existing Tie Rods & Dead Man Systems shall be completely removed during the excavation. The engineer shall be notified of all additional items that may require replacement. Items replaced without written approval of the engineer shall be deemed as not to have been replaced. Damaged of all items scheduled to remain shall be replaced at the Contractors expense. BULKHEAD RECONSTRUCTION & RESTORATION Page 2 Installation of new Timber Bulkhead. Provide new Bulkhead to replace existing. See typical Bulkhead Section for details. (Approximate overall length - 55 Lineal Feet) 2. All new piling shall be 12" diameter x 24' long Treated Wood. All new Whalers shall be 6"x 6" Treated Wood and shall be ship lapped & butt blocked at all joints for a continuous application. J All new sheathing shall be 3"xl0"x 20 Foot "T & G" Treated Wood. All new sheathing shall be spiked to both top and bottom whalers. All new bulkhead materials such as piling, sheathing, whalers, backer piling and dead men shall be pressure treated # 20 creosote or treated to refusal. C). Installation of new filter fabric. D). E). Provide new Poly "X" Filter Fabric over all new bulkhead sheathing. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. Installation of drainage outfall pipe. The contractor shall be responsible for installing a 10' section of 8" diameter drainage pipe in the bulkhead sheathing immediately below the top whaler. The opening in the sheathing shall be accurately cut to allow for 1/8" clearance at the perimeter of the pipe. The landward side of the sheathing shall be blocked or braced as necessary to prevent movement in the sheathing. Removal of Debris. All debris and dredge spoil generated from the proposed construction shall be removed by the contractor and deposited at the Southold Town Collection Center. There will be no charge for material deposited at the town facility. BULKHEAD RECONSTRUCTION & RESTORATION Page 3 1.03 1.04 1.05 1.06 1.07 STANDARDS: All new construction shall comply with the following reference standards: 1). American Society of Civil Engineering Standard Practices. CONTRACTOR QUALIFICATIONS: Contractor must show evidence of the following qualifications: 1). A minimum of five (5) years continuous experience in bulkhead construction. QUALITY ASSURANCE: The contractor shall be responsible for verifying ail existing conditions and limitations. The extent of clearing and the amount of required excavation shall be verified by the contractor prior to submitting his bid. The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. JOB CONDITIONS: The adjacent marina property shall remain open and operating during construction. The contractor shall be responsible for providing all necessary safeguards to ensure safe access. Excavation and stockpiling of backfill material: J). All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. 2). No backfilling shall be permitted in freezing weather. END OF SPECIFICATIONS BULKHEAD RECONSTRUCTION & RESTORATION Page 4 : # 'OMa an.LON 16/04 '01 M0N 09:09 FAX 516 765 6145 SOUTHOLD CLERK ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT 2409 2983287 Suffolk Times 16/04 09:08 01'01 2 OK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF V~TAL STATISTICS IV~A~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma~n 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: LYNDA M. BOHN DATE: 4/16/2001 RE: LEGAL NOTICES Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. fax 631 765-6145 Legal Notice: Notice to Bidders Bulkhead Restoration & Reconstruction Bid Opening: May I0, 2001 SUFFOLK TIMES - ATTENTION: CHRISTINA WEBER 16/04 '01 MO\r 09:16 FAX 5]6 765 6]45 SOUTIIOLD CLERK [~001 **:~: MULTI TX/RX REPDRT *** TX/RX N0 INCOMPLETE TX/RX TRANSACTION OK ERROR 2410 [* 1512449576 [* 16118005243329 [* 17118882329941 [* 18118002582984 [* 32118009620544 Brown's Letters Burrelle's Info Data Construct Dodge Reports Construct, Info, ELIZABETH A. NEV'I~LE TOWN CLEtLK REGISTIRAt% OF VITAL STATISTICS 1ViARPAAGE 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) 765-1500 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 - 8011 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 April 16, 2001 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 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., Thursda% May 10~ 2001 Please acknowledge receipt of this information by signing below and returning a fa,xed copy to me at 631 765-6145, attention: Betty Neville. ELIZABETH A. NEVILLE TOWN CLERK REGISTtLAR 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 F~x (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 293-5456 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 April 16, 2001 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 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. Thursda¥, May l0t 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 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 Bulkhead Reconstruction and Restoration at West Road, Peconic. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday fi.om 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 bid, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Ma'm Road, Southold, New York, until 10:00 A.M., Thursday, May 10, 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 Bulkhead Reconstruction and Restoration at West Road, Peconic.", 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: February 13, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 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 Town Trustees Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board ELIZABETH A. NEVILLE TOWN CLERK REGISTP~sR 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: 4/16/2001 RE: LEGAL NOTICES Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. fax 631 765-6145 Legal Notice: Notice to Bidders Bulkhead Restoration & Reconstruction Bid Opening: May 10, 2001 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 Bulkhead Reconstruction and Restoration at West Road, Peconic. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Sonthold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m.. A fee of $25.00 made payable to the Sonthold 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 bid, will be received by the Town Clerk of the Town of Sonthold, at the Southold Town Hail, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, May 10, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Sonthold 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 Sonthold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on the Bulkhead Reconstruction and Restoration at West Road, Peconic.", 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: February 13, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 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 Town Trustees Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board 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 Bulkhead Reconstruction and Restoration at West Road, Peconic. 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 0£$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 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, May 10, 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 Bulkhead Reconstruction and Restoration at West Road, Peconic.", 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: February 13, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 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 Town Trustees Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board