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HomeMy WebLinkAboutRestrooms New Suffolk BeachA4;4)ltlt CERTIFICATE OF INSURANCE DKM Insurance Group, 80 Montauk Hwy Bluepoint, NY 11715 (631) 363-5200 03/18/2002 THIS CERTIFICATE IS ISSUED AS A MAI'rER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE comPANY A ZURICH INS. CO. PHILIP ROSS INDUSTRIES, INC. c°~"AN'¢c 200 LONG ISLAND AVENUE WYANDANCH, NY 11798 COM.AN¥ O COMPANY E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE eEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOI',NITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONmACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU$!ONS AND CONDITIONS OF S~CH POUCIES, LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID gLAIMS. .TS! TYlq~ OF INSURANCE POLICy #UMBER DA'I~ (MM,~DffY) DAllI[(MM~DD/YY) A e~*L U*eU, OmEn. ^oo~e~m S 2,000,00C CLNMS MADE X OCCUR. i ~03/16/02 ~ ~m,o,~ & AOV INa.,~r $ 1,000,00C 03/16/032 ....................... : iOWNETr~&CONTRACTOR~JPROT. :: i }~C. oC~C; $ 1~000,00C · ~ i F~E DAMAGE (Are/a~e fire) $ 300~. OOC : MEO. EX~k~ ¢.~r~ ~e ~,r~) $ 5 · 00 C iL~rr ~ 1, O00,OOC A X ! ~¥ AUTO 040(XO~98 (Per pemon) S X i SCHEDULED AUTOS X ! HIRED AUTO~ :: BODILY INJURY $ "i NO'OWNED AUTOS (Per accident) E~C~ OCCUmmC~ AilX ' ~ ~o~ 04o0o~ 03/16/02 03 / 16/03i Aee~eAm $ 5,000,00C STA1UTORY LIMITS RE: NEW RESTROOM FACILITIES AT NEW SUFFOLK BEACH. CERITIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED. ALL JOBS AND LOCATIONS ARE COVERED. CERTIFICATE HOLDER TOWN OF SOUTHOLD TOW/~HALL 53095 MAIN ROAD SOUTHOLDNY 11971 RECEIVED MAR 2 1 2002 CANCELLAllON ~:::?~: MAIL 3 0 DAYS WRI1TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i:?:?I LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBMGATION OR i::?:ii!::~:~: LIABILITY OF ANY KIND UPON THE COMPANY, rI'S(~OENTS OS REPRESENTATIVES. RESOLUTION APRIL 26, 2001 V 321 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Philip Ross Industries, Inc.~ 200 Long Island Avenue~ Wyandanch, NY 11798~ in the amount of $41~700.~ ($44,700. with Alt #1) for the demolition and removal of the existing restroom building and the construction of a new restroom building, in accordance with the plans and specifications repaired by Town Engineer James Richter. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Philip Ross Industries, Inc., 200 Long Island Avenue, Wyandanch, NY 11798, in the amount of $41,700., ($44,2 the constructi~ specifications 00.) for the demolition and removal of the existing restroom building and of a new restroom building, in accordance with the plans and 'epared by Town Engineer James Richter. fP- bT l Southold Town Board Meeting: April 26, 2001 If you have any questions on the above, please call Jim McMahon or Ray Jacobs. PROPOSAL FORM Cont. APR ! 9 2801 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, i 1971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED .~FOR THE STIPULATED "LUMP SUM" OF: I ()kritten tn woras/ (writte I numbers). Alternate # i: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a ' pedod the Town will accept or reject this proposal or by mutual agreement pe rty-five (45) days; dod. Date: Business Address: 200 Long Island Ave Wyandnahc, NY 11798 Telephone Number: 631-253-3077 Restroom Facilities: C-2 STATEMENT'OF NON-Ct~OLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performe~d or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each pady thereto certifies as to its own organization, under penalty of perjury, that to the best Of knowledge and belief: (1) The prices in this bid have been ardved at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relalin9 to such pdces with any o, ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an,d will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this~ bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or propesal on behalf of the corporate bidder. RESOLUTION Resolved that Philip carlucci of Philip Ross Industries, Inc. be (Name) (Name o~ Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existinq Restroom Facilities and the construction of New Restroom Facilities (~ NEW SUFFOLK BEACH,~NEW SUFFOLK, NEW YORK 11956 and to inctude in such bid or proposal the certificate as to non-collusion required by section one--hundred-three-d (103-d) of the General Municipal Lawas the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the Philip Ross Industries, Inc. 19th day of..April 2001 (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 _ ' - (Signature) Restroom Facilities: D-1 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign an Agreement between the Town of Southold and Philip Ross Industries, Inc., in the amount of $41,700. ($44,700.) for the demolition and removal of the existing restroom building and the construction of a new restroom building, at New Suffolk Beach, in accordance with plans and specification prepared James Richter, subject to the approval of the Town Attorney. Southold Town Board Meeting: April 26, 2001 If you have any questions on the above, please contact Jim McMahon or Ray Jacobs. AGREEMENT THIS AGREEMENT made this 2nd day of May 2001, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and Philip Ross Industries, Inc., 200 Long Island Avenue, Wyandanch, NY 11798, herein after called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a bid from the Contractor for the demolition and removal of the existing restroom building and the construction of a new restroom building at New Suffolk Beach, in accordance with the plans and specification prepared b'y James Richter, Southold Town Engineering Department, dated March 19, 2001, in the amount of forty-four thousand, seven hundred dollars ($44,700.) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 26th day of April 2001. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to complete the demolition and removal of the existing restroom facility and the construction of a new restroom facility at New Suffolk Beach, in according to the Invitation to Bidders, dated March 19, 2001, and annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of forty-four thousand, seven hundred dollars ($44,700.). The total sum is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 3. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage that may arise from the performance of his/her services under this Agreement, in limits of $1,000,000. and $2,000,000. aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Carlucci, Philip Ross Industries 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 TO: FROM: RE: DATE: Gregory F. Yakaboski, Town Attorney Elizabeth A. Neville, Town Clerk Contracts for Restroom Facility at New Suffolk Beach 5/17/01 Greg: For your review, the performance bond, labor & materials bond, insurance certificate, etc. Thankyou. TO PHILIP ROSS INDUS~i~ES, INC. 200 Long Island/t~l~rue WYANDANCH, NEW YORK 11798 (631) 253-3077 WE ARE SENDING YOU !~i(,Attached [] Under separate cover via _the following items: E~ Shop drawings [] Prints ~ Plans Lq Samples [] Specifications [] Copy of letter / i) [] [] Chang_e order COPIES DATE NO. DESCRleTION THESE ARE TRANSMITTED as checked below: ~ For approval EJ For your use ~As requested [] For review and comment [] FOR BIDS DUE :~ Approved as submitted [] Approved as noted [] Returned for corrections [] ~ Resubmit copies for approval EJ Submit__ copies for distribution [] Return __corrected prints PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED ':~ If enclosures are not as noted, kindly nolify us at once: AIA Document A311 PERFORMANCE BOND SURETY BOND NO: SG0735 PH~.TP ROSS I~K~RIES, INC. 200 ~ ISL~ WEA~I%NCH, NY 11798 (Mere insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and ~'~1','~ ~.~S FIDRT.?TY & (~%RANTY ~99 THC~'r :r · EDIBC~, ~ u~"Z 08837 (Here in~ert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto 53095 MAIN ROAD, P.O. BfK 1179 S~]llt~D, NY 11971 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ 41,700.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, Administrators, successors and assigns, jointly and severally, firmly by these presents. Contractor has by written agreement dated , entered into a contract with Owner for in accordance with drawings and specifications prepared by J~2~S RIC~'~K, TO%~ ENOIm,,:,,:-. (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. (Approved by the American Institute of Architects A.I.A. Document No. A311) 80-1761 jdm2-73 NOW, TH~u~fa~, THE C(~)ITI(~ ~F THIS ~?C4%TI~ is such that, if Contractor shall pr~.~tly 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 alteratio~ or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the (h~ner having perfo~ed (~ner's obligations 1) con%plete the contract in accordance with its terms and conditions; or contract or co~tracts of c~pletion arranged ~nder this paragraph) sufficient ~unds to pay the cost of completion less the balance of the contract price; 2) Obtain a bid or bids for c~pleting the Contract in accordance with its te~s and conditions~ and upon dete1~nination by Surety of the lowest respon- sible bidder, or, if the Owner elects, upon dete~i- nation by the Owner and the surety jointly of the lowest responsible bidder~ arrange for a contract between such bidder and Owner, and make avail- able as Work progresses (even though there should be a default or a succession of defaults under the ADy suit under this bond must be instituted before the expiration of two (2) years from the date on which final pa~ent under the Contract Signed and sealed this day of MAY, 2001 (WitneJs) (Witness ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK,) COUNTY OF ,) ON THE 8TH t E~AY O.E ~¥. 2001 , , BEFORE BE PERSONALLY CAME /'Arll\~.(~ ~,/~R, ~,~/,LI TO ME KNOWN, WHO,BEiNG B~ ~E DU~Y SWORN, DID ~POSE AND SAY THAT (S)HE RESIDES AT (S)HE IS THE ~B~-~ ~ ~ OF ~z~z~ ~oss zx~us~z~s, z~c. ~ THE CORPORATION DES'CRiBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND TH/AT (S)HE SIGNED .HiS/HER NAME THERETo BY ORDER OF TH~ BOAR~/0F .... DIRECTORS OF~AID CORPORATION. (qN_..d..ap u:c STATE OF NEW YORK,} COUNTY OF NASSAU,) ONTHE 8TH PAY OF ~EORG~ 'O. BREWSTER ' MAY, , 2001, BEFORE ME PERSONAlLY. CAME. TO ME KNOWN, WHO BEING BY ME . DULY SWORN, DID DEPOSE AND SAY TH,~T.i.S)HE RESIDES AT. ' ". . - MANHASSET ,. NY · _, THAT IS)HE IL THE- A'F[ORNEY-IN-FACT OF UNITED STATES FIDELITY & GUARANTY 'COMPANY -= ] -~ HECORPORAIION DESCRIBED · IN AND WHICH EXEdbITED THE ABOYEi~STRU/ME.NT;..AND.TH,~i' {S)HE SIGNED:.'HI~ NAME: . ' '. · 'THERETO BY OjRDER OF.THE BO,~RD:~~R'S dF ~AID dEPORAI1ON. ' .. FERN PERRY I ~ ,~ , J~ ' Not~ryPublio, StateofNewYork I ~ ~ /l //~ Ill ~ .Qu~lified in Nzs;au County,, , ~ommlsmon Expires May 28.20 ul NOfOF~bubiic he l'Rlul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 21084 Certificate No. 736763 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint William A. Mar/no, David W. Rosehill, George O. Brewster, Vincent A. Walsh, Nancy Schnee, Fern Perry, Gloria Loyd, David A. Goldste/n and Gaye Conldin Jericho New York of the City of State their true and lawful Attorney(s)dn-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings re~t~red or Fitted in ~nY actions or proceedings allowed by law. S W 2nd December IN WITNES HEREOF. he Compan es have caused hs nstrumen~S gne~I~seaed~i~ dayof 1999 Seaboard Surety Company ~ ~ ~ ~ ted States Fidelity and Guaranty Company St. Paul Fire and Marine Insur~ll~Co~npa~ ~ ~ ~ Fidelity and Guaranty Insurance Company St. Paul Guardian Insuran¢~n~:~~ ~ · Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Co~ ~ ,, ~ · State of Maryland City of Baltimore THOMAS E HUIBREGTSE, Assistant Secretary On this 2nd day of December. 1999, before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huthregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument tbr the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, l hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S,A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2~ 1998. which resolutions are now in full force and effecb reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney lbr and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice president, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or Idhograpbed. The signature of each of the foregoing officers and tbe seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set lbeth therein, any such Power of Attorney or certificate bearing such lhcsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1~ Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, United States Fidelity and Guaranty Compeny, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 hereunto set my hand this 8 200 day of Thomas E. Huibregtse, Assistant Secretary To verify the autheni~c~ty of th s Power of Attorney, call 1-800-4~ and as~Io} the Pow~of Atto~ey clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to whtc~ }he p~ ~ atta~he~ ANNUAL, ~TATEME~/' FOR I~E YEAR 2000 OF THE UNITED STATE;: FIDE~TY AND GUARANTY COMPANY ASSETS . AIA Document A31 ! LABOR AND MATERIAL PAYMENT BOND SURETY BOND NO: SG0735 KNOW ALL ~ BY THESE P~E~S: that PHILIP ~ I~STRIES, INC. 200 ~ ISL~ W~DANCH, NY 11798 as Principal, hereinafter called Principal , and; ~nIS(~, ~W J~SEY 0~837 as Surety, hereinafter called Surety, are held and firmly bound unto 53095 ~ ~O~D, P.O. BOX 1179 SO~TH(~D, NE 11971 as Obligee, hereinafter called Owner, in the amount of (Here insert full nam6 and address or legal title of Contractor) Dollars ($ 41,700.00 ), for the use and benefit of claimants as hereinbelow defined, for the payment whereof principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ' WHEREAS, Principal has by written agreement dated with Owner for , entered into a contract D~T,TTI(~ /%ND R~M~VAL ~F THE ~x~STINO ~E~I'~0~4 B%F~LDINO A~) ~CTI(~ OF A ~W ~ ROCN ~UTTnINO AT ~W St~F(~K BEACH in accordance with drawings and specifications prepared by ~ RIC~K, T(X~ ~/~IN~ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. (Approved by The American Institute of Architects, A.I.A. Document No. A311) 80-1760 J5Mll-72 NOW, TH~N~E, T~E OO~DITI(~ ~ THIS (~IC4kTI(R~ is such that, if Principal shall promptly make payment to all claimants as hereJ_nmfter defined, for all labor and material used or reasonably rec~,~red for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material~ or both, used or reasonbly required for use in the perform- ance of the Contract, labor and material being rental of equipment directly applicable to the 2. The above n~ed Principal and Surety hereby jointly and severally agree with the Owner that been paid in full before the expiration of a period of ninety (90) days after the date on which the performed, or materials were furnished by such such claimant, prosecute the suit to final judgment materials were furnished, or for whom the work or labor was done or perfo~ed. Such notice shall be served by ~iling the s~3~e by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or surety, at any place where an office is regularly maintained for the transaction of business, or served in a~y manner in which legal process may be me.ed in the state in which the aforesaid project is located, save that such service n~ed not be made by a public officer b) After the expiration of one (1) year following the date on which Principal ceased work on said ContractI it being understood, hc~4ever, that if any limitation e~odied in this bon~ is prohibited by any law controlling the construction hereof such limitation shall b~ deemed to be amended so as to Signed and sealed this 8TH day of MAY, 2001 ' -I (Witness) (Witness) /~ ///i7 (Pr~) , (Seal) /l " \ - //~itleJ -- ~ (Surety) (Seal) : (Title) Attorney-in-Fact ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK,) COUNTY OF ,) ON THE 8TH Df~Y, OF t,'fA¥. 2OOl , , BEFORE BE PERSONALLY CAME ~bl/L 0 [//~rz-Lg~'~ I TO ME KNOWN, WHO, BEING BY M[~0L~]WORN, DiD D[PO~AND SAY THAT (S)HE RESIDE~,AT (S)HE IS THE ~I~,~Y / OF ~ PHILIP ROSS INDUSTRIES, IN~. , THE CORPORATION DES'CRIBED tN AND WHICH EXECUTED THE ABOVE I~STRUMENT; AND THAT (S)HE SIGNED · H SIHER NAME' HER O B'r ORDER OF THE BO^Rn/OF DIRECTORS . Commission Expires May 28, 20 ' N~W Public STATE OF NEW YORK,) COUNTY OF NASSAU,) ONTHE .. 8TH DAY OF ~EORGE'O. BREWSTER ' , 2001, BEFORE ME PERSONAlLY.CAME TO ME KNOWN, WHO BEING ~y ME RESIDES Al. ' DULY SWORN, DID DEP.OSE AND fAY THAT.(.S)HE ~BASSET ,. NY . , THAT (S)HE Ii THE. ATTORNEYq~-F~CT OF. UNITED STATES FIDELITY & GUARANTY 'COMP--ANY IN ANd WHICH EXBC~I'ED THE ABOYEii~STI~,~ENT; AND.THA? ('S)HE SIGNED]'Ht~ NAME: · 'THERETO BY O~RDER OF.TH~ BO,~,RD:9~j~¢Ci:~R~S O'F ~AID ~ORPORAI~ON. ' NotaryPublio, SmteofNewYork / I~J¢/ /./ / ,~ ~.~ ' ~uallfied in N~seau County Commission Expires M~y 28, 20 O[ Notaw Public lheSl'RIUI POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St, Paul Mercury Insurance Company Power of Attorney No. 21084 Certificate No. 736762 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint William A. Marino, David W. Rosehill, George O. Brewster, Vincent A. Walsh, Nancy Sctmee, Fern Perry, Gloria Loyd, David A. Goldstein and Gaye Conklin Jericho New York of the City of State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, conUracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings re~ld~red or ~itted in any actions or proceedings allowed by law. . . . 2nd December 1999 IN WITNESS WHEREOF, the Compames have caused tths ~nstrumen[IO/~ s~gno~.a~ealed:!tll~ day of -- Seaboard Surety Company ~ / ~trd States F~dehty and Guaranty Company St. Paul Fire and Marine Insu~oln~ ~ ~ ~ Fidelity and Guaranty Insurance Company St, Paul Guardian Insuran¢~ ~pa~ ~ ~ ~ ' Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Merc~lry Insurance ~o~ eeea, State of Maryland City of Baltimore P JOH I~ PHINN Y %c s]dent THOMAS E. HUIBREGTSE, Assistant Secretary On this 2nd day of December 1999 , belore me. the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; arid that the seals affixed to the foregoing thstmment are the corporate seals of said Companies: and that they, as such, being authorized so to do, executed the foregoing instrument Ihr the purposes therein contained b} signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. ANNUAl. STATEM~T FOR THE YEAR 200~ OF THE UNITED STATES FID~.JI'Y AND GUARANTY COMPANY ASSETS CERTIFICAw OF INSURANCE PRODUCER DKM Insurance Group, 80 Montauk Hwy Bluepoint, NY 11715 (631) 363-5200 05/04/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A USF INS. CO. LETIER PHILIP ROSS INDUSTRIES, INC. COMPANY C 200 LONG ISLAND AVENUE WYANDANCH, NY 11798 COMPANY D PROVIDENCE WASHINGTON INS. CO. GREAT AMERICAN ALLIANCE INS.CO COMPANY E LETIER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFPORDED BY THE POLICIES DESCRIBFD HERFIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS m X i ANY AUTO X SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS C X UMBRELLA FORM AND EF 11081 AX 0514382 GAA 03160012 A PERSONAL PROPERTY EF10497 03/16/01 03/16/01 GENERAL AGGREGA~ $ 2,000,00 C PRODUCTS-COMP/DP AGG $ 2 # 000 , 000 03 / 16 / 02 PERSONAL & ASV INJURY $ l, 000 , 000 EACH OCCURRENCE $ 1, 000 · 000 FIRE DAMAGE lan, one rim $ 50 .- 000 MED EXPENSE An. one oerson) $ I · 000 COMBINED ~ NGLE LIMIT $ 1,000:000 03/ 16/ 02 BODILY INJURY BODILY INJURY (Per 8CCldent PROPER~CDAMAGE $ EACH OCCURRENCE $ 5# 000 , 000 03/16/01 03/16/02 AGGREGATE $ 5, 000 , 000 STATUTORY LJMI]S EACH ACCIOENT DISEASE - POLICY LIMIT OSEASE- EACH EMPLOYEE 03/16/01 03/16/02 LIMIT 102,000 DEDUCTIBLE 50, RE;NEW RESTROOM FACILITIES AT NEW SUFFOLK BEACH. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED. ALL JOBS AND LOCATIONS ARE COVERED. ~OWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD NEW YORK 11971 EXPIRATION DATE THERI~OF, THE ISSUING COMPANY WILL ENDEAVOR TO M^,L 3 0 DAYS WR,.EN NOT,CE TO THE CEBT,,,CATE HOLDER NAMED TO THE LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NEW Y RK STATE INSURANC FUND 199 CHURCH STREET, NEW YORK, N.Y. 10007-1100 1-888-997-3863 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ALLIED SAFETY FLA~AGEMENT INC 390 NORTH BROADWAY JERICHO NY 11753 POLICY NUMBER G 828 671-8 DATE 5/14/2001 CERTIFICATE NUMBEF 070-698 PERIOD COVERED BY THIS CERTIFICATE 1 12/01/2000 TO 12/01/2001 / J :OLICYHOLDER PHILIP ROSS INDUSTRIES INC 200 LONG ISLAND AVE WYANDANCH NY 11798 CERTIFICATE HOLDER TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUI~D UArDER POLICY NO. 828 671-0 ~TIL 12/01/2001 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION L~W WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 12/01/2001 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE STATE INSURANCE FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. U-26.3 THE STATE INSURANCE FUND DIRECTOR, INSURANCE FUND UNDERWRITING PROPOSAL FORM Cont. I~ECEIV~ APR ! 9 2001 bo~PrhOIO lown Clerk and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement Date:-6// Te,epho.e Number: Y?/ Business Address: Restroom Facilities: C-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any o..ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an.d will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other pemon, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existin~l Restroom Facilities and the construction of New Restroom Facilities ~ NEW SUFFOLK BEACH, NEW SUFFOLK, NEW YORK 11956 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75% Sec. 103-d, as amended effective September 1, '1965 Restroom Facilities: D-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: Certifies that: BIDDER'S CERTIFICATION (Bidder) 1. it intends to ~ 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 certificat~ye'~/~uired by t.he~se Bid Conditions. (Sign~..~ of Authorized Representative of Bidder) Restroom Facilities: E-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 Signed '~ ~ (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (Bidders Name) the will execute (Surety Company) the Surety Bonds as herein before provided. Date: Signed: 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. Restroom Facilities: F-1 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: March 19, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: NEW SUFFOLK BEACH - RESTROOM FACILITIES Jackson Street, New Suffolk, New York 11956 Restroom Facilities: C-1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 321 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2001: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Philip Ross Industries~ Inc, 200 Long Island Avenue,. Wyandanch~ NY 11798~ in the amount of $41~700, ($44~700. with Alt gl) for the demolition and removal of the existing restroom building and the construction of a new restroom building, in accordance with the plans and specifications repaired by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk PROPOSAL FORM Cont. APR 1 9 OI ~lrnolg I(,wn Clerk and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Sou[hold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, NewYork, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed be ow: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND ']'HE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVI'f lES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) ~ · (written in numbers) Alternate # 1: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOP, THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL E}E COMPLETED FOR THE STIPULATED "LUMP SUM" OF: "[hr'ce Jrkoo.~a-.'xO ~)'~.~ (written in words) (written in) numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (1,)) days after notice of the acceptance of said proposal, shall have been deposited in the mail adc ressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid ar.d 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. /~s/~.~//~Z~ Business Address: Park L:.ne Asphalt IWaint. Inc. S gnature of Bidder: PO Box 215 Date: 4/18/01 Bohemi~. NY 11716 Telephone Number: (631)286-4726 Restroom Facilities: C-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjuryl non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any o..ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an.d will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Richard g, Ma~lmnd)f Pa=k Line Asphalt Ma%~tenmnce (Name} (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existing Restroom Facilities and the construction of New Restroom Facilities @ NEW SUFFOLK BEACH,,NEW SUFFOLK, NEW YORK 11956 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the Park Line Asphalt Maintenance ~Inc, 12 dayof February ,1984 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September t, 1965 (Signature) Restroom Facilities: D-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 Park Line Asphalt Maintenance, Inc. Certifies that: (Bidder) it intends to use the following listed construction trades in the work under the contract co~-~rp ~plum~ing'~ carpentry ; 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: C'oncret e~ plumbin~ t carpentry ; 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: Concrete~ plumbing ~ carpentry ; 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) Restroom Facilities: E-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Corporate Title) (if any) Company Name Bid on YEAR 2001 Restrooms at New Suffolk Beach 9AUER A$$©C, LTD, ~ 'Bond # (To be Comp~ted by Each BiddeO 329007 In the event the above Proposal is accepted and the undersigned Is awarded the Contract for the work, the undareigned offers ae surety for fa~ful performance, bond end/or bonds to protect labor and material men, the following surety: Insurance Company SUEEI~.. COMPANY CERTIFICATE OF SURETY to be signed by a d.uly authorized official, agent or a[torney of the Surety Company. In the event that the above Proposal ia accepted and the contract for the work is awarded to said l~arkline A,~p~a3-t Maintenance~ 'In'C, ~eiddem the R L I Insurance Compang : _ . will execute {Su~e~ the Surety Bends as herein befc;re provided, ,<_~_.~ ' /~.~ Sa_i.ned: , . ~ .. ~°~al'~h~ Robert A, Bauer Attorn~d~''' ~at~; 4-18-2001 ~.-; IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIE~ CHECK I~ ........ SUBMI~ED IN LIEU OF BID BOND, OR BID ~Y BE REJECTE¢, ' Restroom F~cililies: F-1 BAUER AS$OC, LTD, POWER OF ATTORNEY 004 l~obctt A. ]~u~z, 8ldp Co]~h Dom~ J. Monello, Jointly or Severally provid~g the bond penelW does not exceed Five Mfltion Dotla~s (~5,0~0.0f10). :'AH bond~i p~Ii~ie~i tmde~:m~ngs, POW:ets ~ Attorney. 0~ ~ ob~ga~iO~ ~ ~ eO~za~n ~ha~ be exeeu:~ in the co,potato t~e Bo~ ef:D~or~ ~ay :autho~e. The,~e : ma~ =~: ~ ~:F~' 0=' ~g~ ~0 ,eh~ hgve ~th0~ t0 isle bon~s, ~[e~, or ~s ~ ~ n~e ~ t~ ' On this ]st day of SanuaW , ~ he{are me, a NoUtry l'ubllc, ~om. ackn~led~ed that h~ ~i~ed the ~ove Power oi~orney ~ the ~ore~id officer of file RI,I ~SU~Cg COHP~ and ~o~I- OFf~IAL CY~IA S. DOHM SPA015 [0]/00) PROPOSALFORM Date: 4/18/01 NAME of BIDDER: Telephone: (631) 286-4726 Park Line Asphalt Maintenance, Inc. PO Box 215 Bohemia, NY 11716 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OFTHEBOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 19, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: NEW SUFFOLK BEACH - RESTROOM FACILITIES Jackson Street, New Suffolk, New York 11956 Restroom Facilities: C-1 }- 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 CONSTRUCTION OF NEW RESTROOM FACILITITES NEW SUFFOLK BEACH Bid opening 4/19/01 10:00 A.M. Three bids were received: Bid Amt. Alternate #1 Philip Ross Industries, Inc. 200 Long Island Ave. Wyandanch, NY 11798 $41,700.00 $3,000.00 Construction Consultants L.I. 125A West Broadway Pt. Jefferson, NY 11777 $47,000.00 $3,500.00 (All electrical work by others) Park Line Asphalt Maim. Inc. P. O. Box 215 Bohemia, NY 11716 $47,785.00 $3,895.00 PROPOSAL FORM Cont. and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED ,7~Z, FOR THE STIPULATED "LUMP SUM" OF: ! '(~ritten ~n woras) (written ~r~ numr~ersj Alternate # 1: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. 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 bythe Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shalt fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a (45) days, the Town will accept or reject this proposal or by mutual agreement ~is time pedod. period p,f forty-five Date: ~'/19/Ol Business Address: 200 Long Island Ave ~yandnahc, NY 117!)8 Telephone Number: 631-253-3077 Restroom Facilities: C-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non*collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces with any o. ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an.d will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a coq)orate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Philip carlucci of Philip Ross Industries, Inc. be (Name) (Name of Coq~oration) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existinq Restroom Facilities and the construction of New Restroom Facilities ~ NEW SUFFOLK BEACH.NEW SUFFOLK, NEW YORK 11956 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjuP/. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the Philip Ross Industries, Inc. 19th dayof April 2001 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103-d, as amended effective September '1, 1965 ~ (Signature) Restroom Facilities: D-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 Philip ~oss Industries, Inc. Certifies that: (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 a.( subcontract~ ncyAprior to the award of any subcontractor under this contract the c~i~quired by these Bid Conditions. ~ature of Authorized Representative of Bidder) Restroom Facilities: E-1 PROPOSALFORM Date: 4/19/01 NAME of BIDDER: Telephone: 631-253-3077 Philip Ross Industries, Inc. 200 Long Island Ave Wyandnahc, Ny 11798 TO: SOUTHOLD TOWN BOARD ' TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 19, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: NEW SUFFOLK BEACH - RESTROOM FACILITIES Jackson Street, New Suffolk, New York 11956 Restroom Facilities: C-1 THE AMERIC- N INSTITUTE OF AI HITECTS AIA Document A310 Bid Bond ~ ALL ~ BX ~ P~S~TS, that ~ P~.?P ~ I~,~ES, INC. 2~ ~ I~ A~ ~, ~ 11798 (..~ insert full n~e and add ..... r legal title of Contractor) as Pr~i~,h~t~ c~l~ ~e ~i~ ~ ~ ~ F~ & ~ ~. ~ ~ ~ (~ere insert full n~e and address or legal title of surety) ~I~, ~ ~ ~7 a ~rati~ ~y o~z~ ~ ~e 1~ of ~e S~te of ~ as ~ty, h~f~ ~1~ ~e ~, ~ ~ld ~ f~y ~ ~to (Here insert full n~e and address or legal title of ~ner) as ~lig~, h~f~ ~1~ ~e ~lig~, ~ ~e ~ of F~ ~ ~ ~ ~ ~ ......... ~ll~s ($ 5% ~ B~ ) for the ~t of ~ch ~11 ~ ~y to ~ ~e, ~e ~d ~i~ ~ ~e s~d S~ty b~ ~sel~s, ~ he~s, ~tors, ~s~a~, ~s~rs ~ assi~s, jo~tly ~ ~r~ly, f~y ~ ~e~ ~ts. WHEREAS, ~e ~ci~ ~s s~t~ a b~ for ~ ~ ~ ~ ~-a~-~'~ (Here inse~ full n~e, address a~ description o~ project) N~W~ T~E~E~O~Ef if the 0bligee shall accept the bid of the Principal and the Principal shall enter in~o a Contract with the Obliges in accordance with the terms of such bid, and give such bond or bonds as may be specified in'the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obliges the difference not to exceod the penalty hereof between the amount specified in said bid and such larger amount for which the Obliges may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall k~ null and void, othezwise to r~ain in full force and effect. Signed and sealed this day of ~P~/L, 2001 (Witness) ~ (Title) , ~ FID~.~TY & OU~R~NT~ CCl~ANY ~ LO~D, ( Tit~Atto~ey-in- fact AIA ~ A310 · BID BONu · AIA @ · ~',:-~uaRY 1970 ED · THE A~RICAN INSTITUTE OF ARC~±'I~CTS, 1735 N.Y. AVE., N.W., ~HINGTON, D.C. 20006 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK,) COUNTY OF ,) ON THE ']gTH DAY OF APRIL . ,2001, BEFORE BE PERSON~LL-Y-~',~ME ' ' f)/")', J~/2 6~ ~J..,U [ [ I - . - TO ME ,K~JOWN, WHO BEING, BY M~ ~UL~ SWORN, DiD pEPgSE AN~SAY THAT .(S)HE RESIDES AT " '" ~~'L~'~ %[ .~ludJ(:'~'' .. ' ,THAT :' · "(S)HEISTHE. -' ~l~e&~gB~'( "' 'OF "· · ' "· ' .. PHILIP R~.S I~BSTRIES, INC. ' ,THE gORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE )NSTRUMENT; AND THAT (S)HE SIGNED HIS/HER.NAME THER~O BY'O~DER OF T~;OF DIRECTORS.~F SAID CORPORATION. FERN PERRY / i ~/ ~ ' ' ~1 ' Not~ryPubJJo, State of N~w York / ~ ~ ~ J No. 01PE~2178 ~ ~~ ~ Qualified in N~syau coun~ L _/ Oommission Expires M~y 28, 20 ~ ~ PuMic 'ACKNOWLE'DGEMENT OF SURETY STATE OF NEW YORK,) COUNTY OF NASSAU,) ' IN AND WHICH EXECUTED THE ABC~VEiNSTRU,~NT;' AND :tHAT (S)HE/~IGNED HIS NAME FERN PERRY / r ~ / // ' Not~PubJic, State of Naw York [ ~ ~ ~ ~ I ~ ~ No. 01PE4982178 ~ ~ ~~ ~ Qualified in Nassau County ~, ~_,._ Commission Expires May 28, 20 ¢ ~ N~ ~UDIIC ON THE tg~ DAY OF ~RIL , 2001, BEFORE ME PERSONALLY CAME CLOP, IA LOYD TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSEAND SAY THAT (SIHE RESIDES AT' JAMA%CA, NY , THAT (S)HE IS THE A]ffORNEY-IN-FACT OF UNITED STATES FIDELITY & GUARANTY COMPANY ' . . · .... ' ". THE'CORPORATION DESCRIBED 'meSl'Rlul POWER OF ATTORNEY Seaboard Surety Company United State~ Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 21084 Certificate No. [ L~' i.~ ,~. c5 .~ KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paui Mercurg Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies '), and that the Companies do hereby make, constitute and appoint William A. Marino, David W. Rosehill, George O. Brewster, Vincent A. Walsh, Nancy Schnee, Fern Perry, Gloria Loyd, David A. Goldstein and Gaye Con]din State of Maryiand City of Baltimore Jericho New York of the City of State , their tree and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wiitten instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings r¢~lUi~ed or ~itted i~ any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumen~ ~igno~l~ealed ~ ~ 2nd dayof December 199~9 Seaboard Surety Company ~ ~ted States Fldehty and Guaranty Company St. Paul Fire and Marine lns~'l~omlx~& Fidelity and Guaranty Insurance Company St. Paul Guardian lnsuranck~P~ fi? '~ ~ ~ Fidelity and Guaranty Insurance Underwriters, [nc On this 2nd day of December, 1999, before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the fi*regoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness 1Vhereof, 1 hereunto set my hand and official seal. My Commission expires the 13th day of Iuly, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S,A, This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors o[' Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998. which resolutions are now in lbll lbrce and RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments minting to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Facl pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or tile President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) in Fact for purposes only of executing and atlesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set ft~rth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the natm'e thereof, and any such instrument executed by such Attorney(M-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company 1, Tholnas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in l~ll force and efl~ct and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set lny hand this To verify the authenticity of this Power of Attorney, call 1-800-4Zl.JS~ and ~O}' the ~ of~Ati~r~ey clerk. the above-named individuals and the details of the bond to whi¢~ day ol AP~ '1 9 200l Thomas E. Huibregtse, Assistant Sccretmy Please refer to the Power of Attorney number, _ [ Statement- December 3L 1999 United Stales Fidelit¢ and Guaran~ Comuanv S 4,40~4Z582 g 10,~4~,945 3~9,61g,474 I05,475,800 4'05S49,073 151,191.667 .6fi64.Sg [ 207,557,905 162,903:~52 75,0~I,007 35,57~,~51 3a.534.~56 Liab~tle_~. Surplus & Other Fund~ -Rfiva. Pzyabl= on ~zid Losses I.=~ Adjusu'amt F~d ffdd - ~. Tr=ti~ F=& Wi~dd. 'Pr~oa for D~ ToT?kL LLa. BIZITEES Caoi~l P~d U¢ S 3,2:~9,766~361 20.070,35 952:797,~99 2S,131:795 90,271,76.5 1,559,4~5 ' 39,054,430 ~60:442,032 9.091,747 0,320:729) 7],73g · 72.830,082 23,891,918 53,342,5!2 4,60!.275 70 579.25g 1.555.169 TOT_*& ASSET_S Surplus as g.?rds Policykolders TOT.aL LM.~g..t: ~$ & SLEO.~LUS S ,c, SS6 ~0 ~°v S=ufir. i= ~--.~i~ ar 5455 O' · .' ', ~' ~ .... · · , M, .7-, mm. mr:gores smt='n, mk ~'c d~o~t.~ as rcq. u:md oy aw. ) COgNTY OF RAL~Ey ) JoN= C. TraaD-' x,,~ .%=fid~--_t and ~n~ff= d ~: UM~ S~ H~V ~ G,,,~-~ ~mv~y. b=ing ~y ~a~ d=~s:s ~d ~q~=n~ of ~: 1~ of ~ ~= ~H~Ie m ~d ~m~ ~ k ~y q*mFfi~ lo am ~ ~ ~d=r ~c~ laws: O~t ~: - ~_~=g~~al~ot D~m~., 1999. . ~.~..,~~...,......::._~/;?~ . ".' "' ;:' I~ ~=T~J - · ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 328 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2001 Caoital Budget: Capital Project Name: New Suffolk Beach Comfort Station Financing Method: Transfer from Highway Fund Whole Town Budget: Revenues: H.5031.65 Appropriations: H. 7110.2.200.300 Interfund Transfers Park & Beach Facilities Capital Outlay Park & Beach Improvements New Suffolk Beach Comfort Station $ 44,700.00 $44,700.00 Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTI~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 321 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2001: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Philip Ross Industries, Inc., 200 Long Island Avenue, Wyandanch, NY 11798, in the amount of $41,700., ($44,700. with Alt #1) for the demolition and removal of thc existing restroom building and thc construction ora new restroom building, in accordance with the plans and specifications repaired by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTI~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD CONSTRUCTION OF NEW RESTROOM FACILITITES (~ NEW SUFFOLK BEACH Bid opening 4/19/01 10:00 A.M. Three bids were received: Philip Ross Industries, Inc. 200 Long Island Ave. Wyandanch, NY 11798 Construction Consultants L.I. 125A West Broadway Pt. Jefferson, NY 11777 Park Line Asphalt Maint. Inc. P. O. Box 215 Bohemia, NY 11716 Bid Amt. Alternate #1 $41,700.00 $3,000.00 $47,000.00 $3,500.00 (Allelectrical work byothers) $47,785.00 $3,895.00 PROPOSAL FORM Cont. and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED CZ,~OR THE STIPULATED "LUMP SUM" OF: ritten in woros) (wri~en in numbers) Alternate # 1: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ~nin~wol~rds)4~¢] ~J//b'L~(~ (wr~i~e~nin~¢ ~ And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a ' forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement ~is time period. period p, fl Date: "4~/19/01 Business Address: 200 Long Island Ave ~yandnahc, NY 11798 Telephone Number: 631-253-3077 Restroom Facilities: C-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto cedifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any o. ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an.d will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a coq)orate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Philip carlucci of Philip Ross Industries, inc. be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existinq Restroom Facilities and the construction of New Restroom Facilities (~ NEW SUFFOLK BEACH.NEW SUFFOLK, NEW YORK 11956 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such cedJficate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the Philip Ross Industries, Inc. 19th dayof April 2001 (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 75~i, Sec. '103-d, as amended effective September 1, 1965 (Signature) / Restroom Facilities: 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 Philip Ross Industries, Inc. Certifies that: (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 I1, 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 a~[~ncy~rior to the award of any subcontractor under this contract the subcontract~;~r~ifittioj~ required by these Bid Conditions. ~(~.i nature of AUthorized Representative of Bidder) x(~i~atur, Restroom Facilities: E-1 PROPOSAL FORM Date: 4/19/01 NAME of BIDDER: Telephone: 631-253-3077 Philip Ross Industries, Inc. 200 Long Island Ave Wyandnahc, Ny 11798 TO: SOUTHOLD TOWN BOARD · TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 19, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda; if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: NEW SUFFOLK BEACH - RESTROOM FACILITIES Jackson Street, New Suffolk, New York 11956 Restroom Facilities: C-1 .3~3 AIA Document A310 Bid Bond ~NOW ALL ~ BY ~ P~ESENTS, that we PW~.?P ~ I~.~ma, INC. as ~i~,he~f~r ~1~ ~e ~i~ ~ ~I~, ~ ~ ~7 a co, ration ~y o~z~ ~ ~e la~ of ~e S~te of ~ as S~ety, he~f~r ~1~ ~e S~y, ~e held ~ f~y ~ ~to (Sere inse~ full n~e and ~dress or legal title)of ~er) as Oblige, h~e~ft~ c~l~ ~e ~lig~, ~ ~e ~ of F~ ~ ~ 'z~ BID ~ ......... ~ll~s ($ 5% ~ ~D ) for the ~t of ~ch ~11 ~ ~y to ~ ~e, ~e ~d Pr~i~ ~ the s~ S~ty b~ ~selves, ~ he~s, ~tors, ~s~a~rs, ~essors ~ assi~, jo~tly ~ s~r~ly, f~y ~ these p~s~ts. WHEREAS, ~e ~i~ ~ s~t~ a bid for ~ ~ ~z'~ ~ ~-,~ (Here insert full n~e, address and descri~io~ of project) NOW~ THERE~O~E¢ if the Obliges shall accept the bid of the Principal and the Principal shall enter in~o a Contract with the Obliges in accordance with the terms of such bid, and give such bond or bonds as may be specified in'the bidding or Contract DocUments with good and sufficient surety for the faithful performance of such Coatract and for the pro~t pa~ent of labor and ~terial furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obliges the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obliges may in good faith contract ' ~ with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19TH day of APRIL, 2001 (Witness) Princi~-~ ( Seal ) ~ LO~D, ( Tit ~ Attoi~ey-in- f act AIA ~ A310 · BID BOND · AIA @ · ~mR~ARY 1970 ED · THE A~MRICAN INSTITUTE OF ARCH±T~PS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 . ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK,) COUNTY OF ,) ON THE 't9z~ DAY OF APRIL PERSONALLY CAME ' ' ph'lJ . . KE4OWN, WHO, BEING BY M~.D=UL? SWORN, D D DEPOSE AND SAY · "(S)HE IS THE · .' ~J&~t g ~ '~ ' OF " . ~r~z~ E~.s ZN~US~Z~S, ENC. ~ THE ~ORPORATION DESCRIBED IN AND wHICH EXECUTED THE ABOV~ ~NSTRUMENT; AND T~AT (S)HE SIGNED HiS/HERNAME THER~O BYO~DER OFTHEBOARJ OF DIRECTORS ~FSAID CORPORATION. Not~ry PubJio, 8tste of New York / ~ ~ i i /il Qualified in Nassau Coun~ Commission Expires May 28, 20 ¢ j , ~W Public , 2001, BEFORE BE TO ME THAT (S)HE RESIDES AT , THAT : ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK,) COUNTY OF NASSAU,) ON THE 19TH DAY OF APRIL , 2001, BEFORE ME PERSONALLY CAME GLORIA ]UOYD TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSEAND SAY'HAT (S)HE RESIDES AT · 3k,',~! CA, NY , THAT (S)HE IS THE A'FrORNEY-IN-FACT OF UNITED STATES FIDELITY & GUARANTY COMPANY -., ' THE'CORPORATION DESCRIBED iN ,~,ND wHI'CH EXECUTED THE ABOVE-1NSTRU,~NT;'AND :THAT (S)HE.~IGNED HIS NAME' THERETO BY ORDER OF THE BOAR~E~/70~S OF SAID CORP/~ATION. '. FERN PERRY / r ,'~ ~ /7 Notary Public, State of New York [ /,._.../~/ ~/' .4/ j .1~.~ / Qualified in Nassau County ~'~"~blic Oornmission Expires May 28, 20 ~ I N~'aT'y YUDIIC 'meSl'nlul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 21084 Certificate No. [[.}(')l~.t~r~J KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company axe corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that FMelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies '), and that the Companies do hereby make, constitute and appoint William A. Marino, David W. Rosehill, George O. Brewster, Vincent A. Walsh, Nancy Schnee, Fern Perry, Gloria Loyd, David A. Goldstein and Gaye Conldin Jericho New York of the City of , State _ ~ their nme and lawful Attorney(s)qn-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing t law. IN WITNESS WHEREOF, the Companies have caused of December 1999 Seaboard Surety Company St. Paul Mercury State of Maryland City of Baltimore :y Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. JOHN F. PHINNEY, Vice President 'rHOMAS E. HUIBREGTSE, Assistant Secretary On this __2nd __ day of December, 1999 before me. the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers, In Witness Whereof, l hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY ONOKALA, Notacy Public 86203 Rev. 7-2000 Printed in U.S.A. Fi~.acial Statement- December 3L 1999 United Stales Fidelit-q and Guaranty Comuanv Liab~fies. Surolus & Other Funds Bonds $ 4,40~54Z582 MorC~ge £u~ ]gg,61g~474 g~ ~ 105,475.800 C~k oa ~DcFasit tg,]97.264 Skom Te~ ~v~czB 405~49,073 F~ h:[d dz?. M~ k~ Co. 162,903:g52 Red. g: k~vc~le 78,031,007 Gu~ F~ Rcc~w~le 1,~0g,429 Aczm=d ~r~ & Dividm~ 77,~37,~2 E~?~epc~ ools & 3~soc. 55,37g,831 Lo55~ Loss Adjustmmt F~d & Forti~ ~me T~ccs [md ffdd - Re~. F~ Wi~dd- p~oa for D~ p~[c for S 5,2~9,766,561 20:070,~5 952:787, g99 2S:151,795 90,271,765 1,559,45S 39,054,¢S0 560:442=052 9.091,747 (i,320,729) 7S,7:g 72,650,062 25,891,916 55:342,5:2 4,60!.275 516 697.~:I TOTAL Lk~lt mS 5,261Ag!,6S5 Capitol ¥~d Up 70,579,28 g SmTl,,_s. ~._1 555.16q_~, 5 6 TOT3--~ ASSET, S $~6,9~-02,~v. Surplus zs R%-,..rds ?olicyholders TOT.I~ L~AB~ '.[T;~-S & SUT. PLUS 5455,034,474 i: ~: ~r:goiug storm'=mt: ~.~ d~osir=d as r~u:..md by aw. STATE O~ MINN~OLa, ) ' } SS COUNTY OF,~,~Ey ) John C. Treaq', 3.qm ~id~_t and Con._m~ll= of ~: U~ S~ ~d~v ~d G~V ~mp~)', being ~y ~a~ d~s=s ~d ~v= ix a ~= ~t=m=nt of ~= ~ ~fim ff~ m~ ~ ~ 31~ ~ of D~m~r, 1999. ' PROPOSAL FORM Cont. I~ECEIV APR ! 9 2001 ~;~ul'llOlg lewn Clerk and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ' /~-~'//(writt~(n in ~'~'¢'¢"~/'~words) Alternate # 1: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written irt words) (writtert in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the ' Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement Telephone Number: Business Address: // Restroom Facilities: C-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, evenJ bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter retating to such prices with any o..ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an.d will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certif'~d copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existing Restroom Facilities and the construction of New Restroom Facilities (~ NEW SUFFOLK BEACH,NEW SUFFOLK, NEW YORK 11956 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three~d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Restroom Facilities: D-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 pad of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION (Bidder) 1. it intends to ~ 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 certificat~/n/r~uired by t~e~so Bid Conditions. (Sigm~p~of Authorized Representative of Bidder)-"'-' Restroom Facilities: E-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 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 (B~dem Name) the will execute (Surely Company) the Surety Bonds as herein before provided. Date: Signed: 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. Restroom Facilities: F-1 04f1.8/2001 WED 16:34 FAX i$15B~25005 ATLANTIC COVERAGE CORP BID BOND Con~ wl~ ~. ~Hc~ I~ ~ Archlte~, ~I.A, Do~ume~ No, ~lO ~OW ALL BY ~ESE ?~S~, ~at we, ~s~uct~ Co~ultant~ Ll,lnc 125A Bray. P~ Jeffemon. N~ Y~ 11777 ~001/004 und ~e Universal Bonding Insurance Company of ...518 Stuyvesant Avenue. Llnxll~ursl. New Jersey 07071 the liw~ of thc State of ~New Jersey as Pducipal, l~-m~afi~r called thc P~cipal, , a corpontdon duly organizud under , as Surety, hereinailc~ called ~e Sur~t,/, arc hold a~d fumly bound unto Town of $outhold as Obligee, h~reiuaf~'r called the Obligcc, in ~e .~ of 5% ~ amt ~ ..................................................................... Doll~s ($ 5% ~ mint ~d ) . for ~e pa~t ofw~h s~ well ~d ~y ~ be m~e, ~e e~d ~clpal ~ ~c s~d ~E~S. ~e ~ncipN b~ submi,~ a bid for N~ R~m Facil~ ~ N~ Surfak ~ch ~,~OW, THI]REFORE, if the Obligee shall acc~i the bid cftc Prlmipai sad the Principal shall enter into a Conua~t wi~ the Oblig~c in accordance with thc mmme of such bid, and give such bond or bonds as may be speci~ed in thc bidding or Con.act Documunt~ with good nmi muffi¢iem suruty for the faithful performance of such Conl~nct and for the prompt payment of labor and mat=iai furnished i~ thc pnx~cu~on thereof, or in tho ~vent of the f~ilurc of the Pnncip~l to ente~ such Con.ct ~nd give ~'uc.h bond or bonds, ff thc Pr~cip~l shall pay to the Obi/gee the diff~ence not to exceed the ~enaity hereof bgtween thc amount ~ecificd in ~aid bid and such lar~cr ammmt for which the Obligee may i~ good f~ith conlra~t with allothe~ ~ lo perforal the Work covered by said b/d, thcr~ this obli~6On ~ll be aull and void, o~he~vlse to ~n in full force ~d effecT. Sisued and sunied rigs 18th day of Wimess April 2001 Construction Consultants Ll.lnc 125A Broadway. Port Jefferson. New York (Sezl) ? Principal Title Witness { ~niversal Bonclint{ Ineur~ ~ At~oAey-i~-Fact 'S-0054/GEEF 12/00 "' ~RP 04/I~/Z001 ~EI) 16:34 FAX 15166825005 ATLANT,~C COV~RAG~. COR? individual Aoknowledgm~at County of On this .., day of ..... 19 , before me personally came to me know~, and known to me ~'be'tha individual in and who executed the foregoing~nsbument, and acknowledged to me that he/she executed the same, My commission expires.., ~lota~y Public Corporation Acknowledgment State of ~ Y~ _ county of On the 18 day of ~ri 1 of the year 'r~-~v,-~.H-? to me known; who bair~g by me duly swam, did depose and say that he/she/they re~ide(s) in m~-r-~.~,= that he/sheAhey is (are) the in and which executed the above instrument: that he/she/they know(s) the seal Of said corporation; that the seal affixed k3 said instrument is suc~ co~orate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/their nam*(s) thereto by like authority. DENESE THOMSON Notary Pul~lic, $~ate of NeWYO~ No 01Ti- 4623317 My commission Commission Expires ~ Notary Public . · Surety Acknowledgment State of New Yod< County of Nassau , On the 18, day of _ Ap~i~,. of the year 200:[ before me per~onaliy came ~f to me I<nown, who, being by me duly swam, did depcaa and say that he/she/they Universal Bondina Ir~urance Cam-any . the corporation described in and which executed the within ins~'ument; that he/sheAlley know(s) the corporate seal of said corporation; that the seal affu<ed to the wit~ifl in~Tumant i~ such corporate seal, an~ that he/she/they signed the said instrumen~ and affixed the sa/d seal as Attomey.in-fact by authority of the Board of Directors of said corporation and by authority of thi~L~l~ ¥~ th~sta~xding resolution thereef. PSO,. Notary Publl¢, State'of New YoI'~'~ ~ .~ ,~' C~':" MY commission expires . NO, 01TH4623317 uomml~*ion EXpiraa WED L6:34 FAA 1518§S25005 ATLANTIC COVERAGE CORP ~003/004 POWER OF ATTORNEY POA ~9859 ~aom A# Men by 2:ae.~ P~e~,mts: That ~Js P~r of ~mey ~ ~ ~lid o~ ~ cir~ ~lcss ~c~ to ~ ~ which it ~u~o~e~ e~ b~ ~y ~c ~d ~ ~ ~ovi~ officer ir ~ue a~d I~wfid ANY AHD A~ BONDS AND UNDERTAKING~ PROVIDED THE AMOU~ ~ NO ONE BOND OR UN~RTAKIN~ ~CEEDS FI~ MILLION OOL~ "All bcmds, policAe$, tmdcllZkl.~. ~v=~ ~t~y, ~ 0~ o~ Ul~v~al g~m~ ~ ~W (~n~ ~l~ ~ ~ '~e ~y") s~U ~ ~ ~ the ~ nmne of ~ C~y ~ I~ ~, ~, ~y ~ ~y, T~, Vice ~c~ or ~ ~ o~ o~ ~ ~ ~ ~ ~ ~. ~ P~i~ ~ Vice P~L corpo~at=soal~edt~i~, 18 ..dayof April . 2__001. b"tatc of'Ne* lerscy .t SS CamrY/al-Be,IFa } On tllis 31 ~t day or Dc~cmbe~. 1998. b~fo~ m~. a Nota~ ~blic, ~a(~ app~r~ R~rd O. A~I mid M~t A. N~a ~o ~in8 ~ mc duly sw~, ~h ~l~g~ I~ ~ s~cd ~ abuvu ~ ofA~y ~ thc ~i~, ~ ~, m~, of UN]~ ~ND~G INSU~NCE CO~ ~ UNIVERSAL BONDING INSURANCI~ COMPANY PAr. Iraqi G A dan~, president CERTIFICATE L t~e tmSer.is~ Officer t,f T~IYERSAL EONDING INS~NCE C~ Oho *~om~y"), a ~ ~ of~ S~ of N~ J~y. do h~e~ c~ ~1 thy ~ ~ of A,~ is ~ tau COLLA"rl:RAL D]g*O.g'~ DV~ CONTRACrO~ AC~ FJ~Ir,~LI. TOTAL 5 CO~ON ~ UNA~q~ iJAD/IJTiE~, CAFITAL ~K AJ~ ~ ~1~ 33~ ~d12 C4~Ai~Y O~ 7H~ ~llJ~Y F/RST I~A Y OF II~:~W~ 2~ A~G PROPOSAL FORM NAME of BIDDER: Telephone: ~//J~// ~/'" ~' YY TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 19, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: NEW SUFFOLK BEACH - RESTROOM FACILITIES Jackson Street, New Suffolk, New York 11956 Restroom Facilities: C-1 PROPOSAL FORM Cont. 9ECEIVED APR ! MO01 =~uu[nola Iown Clerk and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION & REMOVAL OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wri~en in words) ~ ~ (wrlEen in num~m) Alternate # 1: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE INATALLATION OF CEDAR SIDING ON ALL SIDES OF THE PROPOSED BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL I~E COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (wriffen in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. ~,~~ Business Address: Park Line Asphalt Maint, Inc. Signature of Bidder: PO Box 215 Date: 4/18/01 Bohemia, NY 11716 Telephone Number: (631)286-4726 Restroom Facilities: C-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shaft contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any o..ther bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder an.d will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the Penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Richard ~. Mailand)f Pa=~k %ine Aapkalt Maintenance be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Demolition of existinq Restroom Facilities and the construction of New Restroom Facilities. @ NEW SUFFOLK BEACH.NEW SUFFOLK, NEW YORK 11956 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the Park Line Asphalt Maintenance, ~Inc~ 1 2 day of ~ ,19 84 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Restroom Facilities: (signature) D-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 Park Line Asphalt Maintenance, Inc. Certifies that: (Bidder) it intends to use the following listed construction trades in the work under the contract' co.,-~-,-~-~. 'plum'hing",~ ca,pent:fy ; 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 padicipation 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: . Conc~et e~ plumhin~ ~ carpentry ; 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- meqtioned area subject to these Bid Conditions, these trades being: Concrete ~ p lumh~n~ ~ carpentry ; 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. (Signatbre of Authorized Representative of Bidder) Restroom Facilities: E-1 (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 underaigned offers aa surety for faithful performenoe, bol~d and/or bonds to protect labor and material men, the following aurety: Insurance Company SURETY COMPANY CERTIFICATE OF SURETY 'to be signed by a d.uly authorized official, agent ar attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said ~arkZine Asphalt M~aaintenance~ ~IB'c. ml~ler~ ~.~.) the R L I Ineurance ,Company ..... will execute the Surety Bonds as herein before provided,~....~.' /.~~ . ~.~AI,~.['~ Robert A. ~auer Attorne~'~d-,F~'ct "- ORts: 4-18-2001 IMPORTANT: THIS PAGE MUST ~E FILLED OUT ~EN CERTIFIED CHECK I~-.:.-~--:- ' SUBMI~ED IN LIEU OF BIO BOND, OR BID ~Y ~E REJECTE~. ' Restroom F~cilities: F.1 WED 13;~8 FA% 816 ~21 7179 BA~R ASSOC. LTD. POWER OF ATTORNEY ~004 Rob~:t A. ~er, Sk~ Cobh, Donas $. Monello, 3o:~nfly or Serially .. Ln the City of Syo~act , State of prov/d/ng the bond penile, does nog ex.ed Five Million DoUaxs (~i;,O00,ODO), "~e~ ~ Cpmp,a~y b~t~e :~:t~% s~e~,.~ A~s~t~: ~Cteta~y, T~e~, Vice ~e~ide~, or by ~UCh ~t~r ~cers ': ~O~y: T~e:c~r~ta~e ~eal ~s ~ ap~y:fq: ~e V~ of ~V ~on~, ~o~e~; a~a~gs, Pow~ of :At,om?, ~ o~her : ~ ~bhg~on~ 6f 'the C6~poza~ton:. ~h~ ~a~f~' of ~:~ ~ce~ and ~he cor~r~te ~ may be p~nt~ SPA015 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) Company Name Bid on YEAR 2001 Restrooms at New Suffolk Beach PROPOSALFORM Date: 4/18/Ol NAME of BIDDER: Telephone: (631) 286-4726 Park Line Asphalt Maintenance, Inc, PO Box 215 Bohemia, NY 11716 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 19, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: NEW SUFFOLK BEACH - RESTROOM FACILITIES Jackson Street, New Suffolk, New York 11956 Restroom Facilities: C-1 ~' ~ April 2, 2001 RECEIVED Town of Southold 53095 Main Road Southold, NY 11971 APt 6 2001 ~umma I'own C;lerk Dear Sirs; We picked up the attached plans and specifications from your office on March 28m m hopes of bidding on the project for the New Suffolk Beach Restrooms. After reviewing the plans and specs, and speaking with James Richter we realized that there is no Ceramic or Quarry Tile involved in the project. Therefore, we are returning the plans and would like a refund of the Twenty Five Dollars ($25.00) that was paid upon picking them up. If you have any questions, please feel free to contact our office. Thanking you in advance. Respectfully, Lillian Kanopka Bellmore Tile ~c. INVITATION TO BIDDERS: CONSTRUCTION OF NEW RESTROOM FACILITIES NEW SUFFOLK BEACH NEW SUFFOLK, NEW YORK JACKSON STREET NEW SUFFOLK, N.Y. 11956 MARCH 19, 2001 ~:NG~ ~P~:NT ~ ~' SOUTHOLD, N.Y. PROJECT DESCRIPTION DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: Located at NEW SUFFOLK BEACH, JACKSON STREET, NEW SUFFOLK, NEW YORK 11956 THIS PROJECT. INCLUDES THE DEMOLITION OF THE EXISTING RESTROOM FACILITIES AND THE CONSTRUCTION'OF A NEW 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM BUILDING. GENERAL DESCRIPTION: FOUNDATION: WALLS: FLOOR: ROOF FRAMING: ROOFING: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: 'CONCRETE FOOTINGS. 8" CONCRETE BLOCK MASONRY UNITS. 4" CONCRETE SLAB. 2"x6" CCA - PRESSURE TREATED JOISTS. ASPHALT SHINGLES. HOLLOW METAL DOORS & FRAMES. SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS. EXISTING SYSTEM TO REMAIN. INCLUDES ALL NECESSARY EXCAVATIONS, UTILITY CONNECTIONS, FILL, PAVING & SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE SENT TO THE ENGINEERS OFFICE: "S~J~D", SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, New York, 11971. ~ ATTENTION- JAMES A. RICHTER- (516) 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 BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification Offer of Surety GENERAL CONDITIONS A- 1 through A- 1 B - 1 through B - 2 C - 1 through C - 2 D- I through D- 1 E - 1 through E - 1 F - 1 through F - 1 AIA General Conditions Supplementary General Conditions General Release Payroll Certification Form Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause Project Specifications: AIA Document # A201 G - 1 through G - 2. H- I through H- 1 ! -1through !-2 J - I through J - ???? K - 1 through K -8 L - 1 through L - 2 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable codes Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITEWORK 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - I through 1600 - 2 Site Preparation Earthwork DIVISION THREE - CONCRETE 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 Concrete Work DIVISION FOUR - MASONRY 3000 - 1 through 3000 - 2 Mortar Masonry Accessories Masonry 4100- 1 through 4100- 1 4150- 1 through 4150- 1 4200 - 1 through 4200 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION FIVE - METALS Miscellaneous Metals 5500 - 1 through 5500 - 2 DIVISION SIX - WOOD Rough Carpentry 6100 - 1 through 6100 -2 Cedar Siding 6200 - 1 through 6200 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing 7500 - 1 through 7500 - 2 DIVISION EIGHT - DOORS & WINDOWS Metal Doom & Frames 8100 - 1 through 8100 -2 Finish Hardware 8700 - 1 through 8700 - 2 DIVISION NINE - FINISHES Painting 9900 - 1 through 9900 - 3 DIVISION TEN - SPECIALTIES Specialties 10800- 1 through 10800- 2 DIVISION ELEVEN - EQUIPMENT This Division Not Used DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - MECHANICAL Plumbing 15100- 1 through 15100- 1 DIVISION SIXTEEN - ELECTRICAL Electrical 16100 - 1 through 16100 - 2 INDEX TO DRAWINGS SP-1 A-1 A-2 a.3 A4 a~ SITE PLAN FLOOR PLAN BUILDING CROSS SECTION FRAMING DETAILS FRAMING DETAILS ELEVATIONS ELEVATIONS INVITATION TO BID PROJECT: Located at DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: NEW SUFFOLK BEACH, JACKSON STREET, NEW SUFFOLK, NEW YORK 11956 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials & equipment as specified for the demolition of the existing restroom facility and the construction of a new restroom facility at NEW SUFFOLK in accordance with the Specifi~at!ons prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Ha11,'53095 Main Road, South01d,'N.Y. 11971. Bids will be received at the office of the SouthOld Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until' 2001 All Specifications are provided herein. (Drawings to be attached) A fee of twenty five ($25) dollars, cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this pedod. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Please advise if you intend to bid or not. Dated: ~J~IN :~0, 200~1 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth Neville Southold Town Clerk Restroom Facilities 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 stdct accordance with the plans and specifications, and subject at all 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 proRosal will not be accepted or conFidered unless accompanied by aguaranty 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 retum the bidder's bend or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or retumed 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, there 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 pedod of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub- contractors will be considered in making the award. The Town reserves the right to waive 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). 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. Restroom Facility: B-1 WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's wdtten request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. The Town also reserves the dght to reject any bid if an investigation of such bidder fails to satisfy the Town that such bidder is properly qualified to car~y 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 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 ce~fled check or bidder's bend accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. The Contractor shall also guarantee that the project will be completed by June 1, 2004. Any conflict with this completion date shall be specified in the contractors bid. Restroom Facility: B-2 H E A M E R I C A N I iq S T I T U T E 0 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; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 191 I, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American institute of Architects, 1735 New york Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will b~ sublect to legal prosecutions. ( I~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. A201-1987 I INDEX Accefltance of Nonconfocmlng Work ........ 9.66, 9.9.3, 12.3 Acceptance of Work ........ 9.6.6, 9.8.2, 9.9.3, 9. I 0A, 9.10.3 Access to Wonk ............... 3.16, 6.21, 12.1 Accident Prcvemion .................... 4.2.3, 10 Addenda 1.1.1,3 Il Additional Cost, CIaims for .... 43.6, 4.37, 43.9, 6 I I, 10.3 Additional Inspections and Testing ..... 42.6, 9.8.2, 12 2.1, 13.,5 AdditionaITime, Claims for ............ 43.6,4.3.8,4.3.9,83.2' ADMINISTRATION OF THE CONTRACT ...... 3.3.3, 4, 9.4, 9.5 Advertisement or lnvita0on to Bid .................... 1. t. 1 ~.esthetic Efl'~ct ................... ' ......... . 4.2.13, 4.5.1 Allowances ...................................... 3.8 ~l~Uo~.~ for Payment .. 4.2.5, 7.3.7, 9.2, $.3, 9.4, 9.5.1,9.6.3, Arbttm0,on ................ 4.1.4,4.3.2,4.3.4,4.4.4,4.$, Archlte~t ............................... 4.1 Arch fiect, Definition o f .......................... 4.1.1 Architect, Extent of Authority ....... 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, Architect, Limitafions of Authority and Responsibility . 3.3.3, 3.12.8, Architect's Addifional Services and Expenses .......... 2.4,9.8.2, Archite~r~ Administration of the Co~raot .......... 4.2. 4.3.6. 4.3.7, 4.4, 9.4, 9.5 Architect'sAuthority to Reject Work .... 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions .......... 4.2.6, 4.2.7, 4.2.1 I, 4.2.12, 4.2.13, Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2 Architect's lnteq~retalions ................. 4.2.11,4.2.12, 4.3.7 Architect's On-S fie 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 Reistionship wit h Subcont factors .... 1.1.2, 4.2.3, 4.2.4, Architect's Representations ............... 9.4.2, 9.5.1,9.10.1 Attorneys'Fees ....................... 3.18.1,9.10.2, 10.1.4 Award of Sut~ontrac~ and Other Contracts for pOIllo¢~ of the Work ............................. 5.2 B$~C De~nltlon$ ....................... ............. 1.1 Bo#er snd Machinery Insunmce ..................... 11.3.2 Building Permit ................................. 3.7.1 CapltallrJitlon .............................. 1.4 Celtificate o f Substantial Completion ........... 9.82 Cectlficate~ fol' Payment .... 4.25, 4.2.9, 9.3.3, 9.4, 95, 9.6. I, 9.6.6, 9.71, 9.8.3, 9 I01, 9103, 13.7, 14.11.3, 14.2.4 Certificates of Inspection, Testing or Approval . 3.12.11, 13.5.4 Certificates of Insurance ......... 93.2, 9.10.2, I 1.1.3 Ohange Orders ..... I I .I, 241,38.24, 3.1 I, 42.8, 4.3.3, 5.23+ 71, 7.2, 7.32, 8.3.1, 9.3.I.I, 9.10.3, 11.3.1.2, 11.3.4, 11.39, 12.1.2 Change Orders, Definition of ......................... 7.2. I Clmnge~ .......... : .......................... 7.1 CHANGES IN THE WORK 311, 4.2.8, 7, 8.3.1, 9.3.1 .l, 10.1.3 Claim, D~ln~on of ................................ 4.3.1 Claln~ ind Otlpute$ ............... 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims ~nd Timely AsserUon of Claims .............. 4.5.6 Clain~ for AddlUonal Cost ....... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for A0£#Uon$~ Time ........... 4.3.6, 4.3.9, 4.3.9, 8.3.2 Cl~m~ f~' Concealed or Unknown Conditions ........... 4.3.6 Claims for Dances... 3.18143.9, 6.1. l, 6.2.5, 8.3.2, 9.5. 1.2, 10.1.4 Claims Subject to Arbit ration .............. 4.3.2, 4 4.4, 4.5.1 C~min~ I/p ................................... 3.15, 6.3 Commencement of Statutory LlmltaUon Period .......... 13.7 Commencement of the Work, Conditions Rela0ng to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 43.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, l 1.1.3, ] 1.3.6, 11.4.1 Commencement of the Work, Definition of ............... 8. t.2 Corca'nunicatiot~$ Facilitating Contract Administration ....................... 3.9.1,4.2.4, 5.2.1 Completion, Conditions Relating t o ....... 3.11,3.15,4.2.2,4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... 4.2.9, 4.3.5.2, 8.1.1,8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.2, 13.7 Compfi311ce with Laws ...... 1.3,3.6,3.7,3.13,4.].1, 10.2.2, 11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7,6.1.1 Consent, Written .................. 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CO~TRACTO~ .............................. 1.1.4,6 ConStruction Change Direc0ve, Definition o f .............. 7.3.1 Co~,~ru~lo~ C~l~lge DIl~tlve~ .... i .1.1,4.2.8, 7.1,7.3, 9.3.1.1 Cofistruction Scheclules, Cont factor's ............... 3.10,6.1.3 Contingent Alllg¢t~ent of Subcontract~ ................ 8.4 Contllmlng Co~t~ Pedorma~ce ................... 4.3.4 Contract, Definition of ............................. I. 1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE ................. 4.3.7, 5.4.1. I, 14 Contract Administra0on ..................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Condifions Relating to ...... 3.7.1, 3.10,5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The ..................... 1.1, 1.2,7 Contract Documents, Copies Furnished and Use of · . . 1.3,2.2.5,5.3 Contract Docufi~ents, Definition o f ..................... 1.1.! Contract per formance During Arbit ration ............ 4.3.4,4.5.3 Co{ltr~ S~m ................... 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.1.3, 7.2, 7.3, 3.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Cofltrl~ Sum, Definition of ............................ $.1 Comract Time ................ 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Contract Time, D~flnltlon o f__ .......................... $.1.1 2 A201-1987 CONTRACTOR ....................................... 3 Contractor, Definition o [ ........................ 3.1,6.12 Contractor's Bid ................................... I.I1 Contractor'aConstructionSchedules ............ 3.10,6.1.3 Contractor's LlablUty Insurance ................... 11.1 Contractor's Relationship with Separate Contractors Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.~, Contractor's Relatiortship wit h the Architect .... 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, I0 Contractor's Review of Contract Documents ...... 1.22, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate t he Cont tact .............. 14.1 Contractor's Submittals ....... 3. IO, 3. I 1, 3.12, 4.2.7, 5.2.1, 5.2.3, Con~ractor's Superintendent ............ : ......... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2.8.2.3, 10 Contractual Liability Insurance ................ 11.1.1.7, 11.2.1 Cold, es Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.11 Correction of Work ..................... 2.3,2.4,4.2.1,9.8.2, Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, Ourdng ind Patching ........................... S.14, 6.2.6 D1tmage to Cortstruetlon of Owner or Separate Co~tractors 3.14.2, Daroage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages for Delay .................... 6.1.1, 8.3~3, 9.5.1.6, 9.7 Date of Commencement of the Wofk, De finition o f ......... 8.1.2 Date o f SubstanOal Complet ion, Definition o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 De¢lllo~l~ to WIthho~d Certification ......... 9.9,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Reiection and Cot rection o f ............ 2.3,2.4,3.5.1,4.2.1, [:)elective Work, Definition of ......................... 3.51 Delays and Extermlons of Time .......... 4.3.1,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.$, 9.3. 1.2 Documents and Sa~nples at the Site ...................... 3.11 Drawings; Definition of .............................. 1.1.5 DutytoRcviewContractDocumentsandFieldConditions ..... 3.2 Effective Date of lnsurartce ...................... 8.2.2, 11.1.2 Emergencies ............................... 4.3.7,10.3 Employees, Contractor's ....... 3.3.2, 34.2, 3.8.1.3.9, 3.18.1, Execution and Progress Of the Work I 1.3, 1.23, 3.2, 34 I, 7.3.9, 82, 8.3, 95,9.91, 10.2, 142, 14.3 Execution, Cra'relation and Intent of the Contract Documents ...................... 1.2, 37.1 Failure of Pagment by Corn ractor .............. 9.5.1.3, 14.2.1..2 Failure o f Payment by Owner ................ 4.3.7,9.7, 14.1,3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Flrml Payment ....... 4.2.1, 4.2.9, 4.3.2, Financial Arrangements, Owner's .................... 2.2.1 Fire and Extended Coverage Insurance ............... I 1.3 GENERAL PROVISIONS ............................ 1 Governing Law .................................... 13.1 Guarantee~ (See Warmty and Warranties) Hazardous Materials ........................... 10.1, 10.2.4 Identification of Conlract Documents ................... 1.2.1 IOentification of Subcontractors and Suppliers ............. 5.2.1 Infornmtlon and ~rY(o~ [R~quir~d of th~ O~n~r ..... 2.1.2,2.2, Inlury or Damage to Pem<m or Prope~'ty ................ 4,3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7. I, 4.2.2, [nst ructions to Bidder~ ............................... 1.1.1 Instructions to the Contractor .... 3.8.1,4.2.8, 5.2.1,7, 12.1, 13.5.2 Insurance, Bo41er arid M~chlnery ................... 11.3.2 Insurance, Contmcto¢ a Llab#ily ...................... 11.1 Insurance, Effective Date of ..................... 8.2.2, 11.1.2 Inlurlnce, Ovmer'! Uab{#ty .......................... 11.2 Insurance, Property ........................... 10.2.~, 11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1.4 lnsueance Companies, Consent to Partial Occupancy . . 9.9.1, 11.3. l 1 Insurance Companies, Settlement with ................. 11.3.10 Intent of the Cont tact DOcuments ................ 1.2.3, 3.12.4, 4.2.6, 42.7, 4.2.12, 4.2.13, 7.4 Interest ..........................................13.6 Joint{er and Consogdation o f Claims Required ............. 4.5.6 Judgment on Final Awan:l ............... 4,5.1,4.5.4.1,4.9.? Labor and Materlal~, Equipment .... I.I.3,1.1.6,3.4,3.5.1,3.8.2, Labor Disputes ..................................... 8.3.1 Llmltntlon on ~on$olldnUon or dolnder ................ 4.5.5 LimRation$, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 Ltmitations of Authority .................... 3.3.1,4.1,2,4.2.1, A201-1987 3 ~33, 43.4,4.3.6, 4.3.9, 4.54.2, 5.2.1, 5.2.3, 6.2.4, 7.3,4, 7.4, Loss of Use Insurance ............................. 11.3.3 Materials, Hazardous ........................ 10.1, 10.2.4 Means, Methods, Techniques, Sequences and Procedures o f Const ruction .......... 3.3.1,4.2.3,4.2.7,9.4,2 Minor Chang~m in the Work ......... 1.1 .I, 4.2.8, 4.3.7, 7.1,7.4 MISCELLANEOUS PROVISIONS ....................... 13 Muffill Responaiblllty ............................... 6.2 Nonconfof'mlng Wo~, Acceptance of .................. 12.3 Noncon formiog Work, Rejection and Cot rection of ........ 2.3.1, Notice ............. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12-8, Notice, Written .............. 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, Notice o f Testiog and Inspections ................ 13.5.1,13.5.2 Notice to Proccecl ................................... 8.2.2 Notices, Pemffis, fees a{~[ ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect'sOn-Site ................. 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2,2, 3.2.2 Occupancy ......................... 9.6.6,9.8.1,99, 11.3.11 On-Site Inspections by the Architect .......... 4.2.2, 4.2.9, 4.3.6, On-Site Observations by the Architect ......... 4.2.2,4.2.5,4.3.6, OWNER ........................................... 2 Owner, Ioformaflon and Services Required of the ........ 2.1.2, Owner's Financial C.apabilit y ................... 2.2.1, 14.1.1.5 Owner'a Liability Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ I 1.3.3 Owner's Relationship with Subcont cactors ............... 1.1.2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Ownees Right to Clsen Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts .............. 6.1 Owner's Right to Stop the Work ............. 2.3, 437 Owner's Right to Suspend the Work ............ 14 3 Owner's Right {o Terminate the Contract .............. 142 Ownership and Use of Architect's Drawings, Specifications and Other Documents ......... I.IA,1.3, 2.2.5.5.3 Partial Occupancy or Use 966, 9.9, 11.31 I Patching, Cuffing and 3.14, 62.6 Patents, Royalties and 3.17 Payment, Applications for ........... 4.25,9.2,9.3,9.4, Payment, Ceffiflcate~ for ..... : .... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5. Payment, Failure of ....................... 4.3.7, 9.5.1.3, Payment, Final 4 2.1, 4.2.9, 4.3.2, 4.3.5, 9.]0, 1 t.1.2, payment Bond, performance Bond and .............. 7.3.6.4, Payments, Progress ................ 43.4, 9.3, 9.6, PAYMENTS AND COMPLETION ..................... 9, 14 Payments to Subcomractors .................. 5.4.2, 9.5.1.3, PCB ..................................... 10.1 Performance Bond and Payment Bond ................ 7.3.6.4, p erllffi$, Fees and Notices ....... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinat cd Biphenyl ............................. ]0.1 product Data, Definition o f ........................... 3.12.2 Produof Data and Sampte~, Shop Drawings .... 3.I 1,3.12, 4.2.7 p rogrl~;$ and Co111~etion ................. 4.2,2, 4.3.4,3.2 Progress Payments ........................ 4.3.4,9.3. Prol~-t, Definitionofthe ........................... : . 1.1.4 pfO~'t MaRO~, Definition o f t he ...................... 1.1.7 Project Manuals .................................... 2.2.5 Pro ject Represc-ntatives ............................ 4.2.10 Property Insuranse ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Rejection of Work .................... 3.5.1,4.2.6, 12.2 Re[ea.ses of Waivers and Liens ........................ 9,10.2 Representations ......................... ].2.2,3.5.1,3.12.7, Representatives ........................ 2.l.I, 3.1,1,3.9, Resolution of Claims and Disputes ................. 4.4, 45 Responsibility for Those Performlng the Work .......... 3.3.2, Revl®w of contract Documents and Field Conditions by Contrsct or ........... i ,2.2, 3.2, 3.7.3, 3.127 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 Cont t actor ........................ 3.12.5 Rights and Remedlse ............. I .I.212.3, 2.4, 3.5.1,3.15.2, Roylltle$ ind Patents ............................... 3.17 4 A201-1987 Rules and Notices for Ar'oltratlon ..................... 4.5.2 Safety of Persons and Property ................. 10.2 Safety Precautions and programs ....... 4.2.3, 42.7, 10.1 Samples, D~finition of .......................... 3.12.3 Samples, Shop Drawings, Product Data and ... 5 1 I, 3.12, 42.7 Sampies at the Site, Documenta and ............. 3.11 Schedule of Values ..................... 9.2,9.31 Schedules, Construction 310 Separate Contracts and Contractors ....... 1.1.4, 3.14.2, 4.2.4, Shop Drawings, Definition o f ......................... 3.12.1 Shop Dra~lngs, Product Data and ~amples .... 3.11,3.12,4.2.7 $#e, Use of .................. : ........... 3.13,6.1.1;6.2.l 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 Special Inspections and Testing ............ 4.2.6, 12.2.1~ 13.5 S{~ficatlo~s, Definition of t he ..................... 1,1.6 Statute~s of Limitations .................... 4.5.4.2, 12.2.6, l 3.7 Stopping the Work ............. 2.3, 4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materials ........... 6.2.1,9.3.2, 10.2.1.2, 11.3.1.4, 12,2.4 Subcontractor, Definition o f .......................... 5.1.1 SUDCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12. I, 4.2.3, 5.3, 5.4 Sub~ontractual Re~aflons .............. 5.3, 5.4, 9,31.2, 9.6.2, Sllbrogat{o~, Wl~ntecs of ................. 6.1.1, 11.3.5, 11.3.7 Su~afant~l Co~aletlor t ............. 4.2.9,4.3.5.2,8,1.1,8.1.3, Sub~tantial Completion, Definition o f .................... 9.8.1 Substitution o f Subcontractors .................. 5.23,5.2.4 Substitution of the Architect ........................... 4.1.3 Substitutions o f Materials ............................. 3.5.1 Sub-subcontractor, Definition o f ....................... 5.1,2 Subsurface Conditions ............................... 4.3.6 ~ and Asafgns ............................ 13.2 Supeemtendent ............................... 3.9, 10.2.6 Supervision ~nd Constmofton procedures ...... 1.2.4,3.3, 3.4, Surety ............... 4.4.1,4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surveys ..................................... 2.2.2, 3.18.3 Suspension by the Owne~ for Convenience ............. 14.3 Suspension or Termination of Ibc Contract ...... 4.3.7, 5.4.i .l, 14 Taxes ....................... 3.6, 7.3.6.4 Termination by the Contraator ............. 14.1 Termination by the Owner for Cause ........ 5.4.1.1,14.2 Termination of the Architect ................. 41.3 Termination of the Contractor ............... 1422 TERMINATION OR SUSPENSION OF THE CONTRACT 14 TIME ............................................. 8 Time, Delays and Extensions of ............. 4.3.8,7.2.1,8.3 Time Llmlta or~ Claims ....... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................ 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK ............ 12 Uncovering of Work .............................. 12.1 Un foreseen Conditions .................. 4.3.6, 8.3.l, t0.l Unit Prices .................... 7.1.4, 7.3.3.2 Use of Site .......................... 3.13, 6.1.1,6.2.1 Va/~e~, S~he~u~e o~ ........................... 9.2, 9.3.1 Waiver of Claims: Final Payment ........ 4.3.5, 4.5.1,9.10.3 Waiver o f Claims by t he Architect ...................... 13.42 Waiver of Clain~s by the Contractor ........ 9.10.4, I 1.3.7, 13.4.2 Waiver of Claims by the Owner ............. 4.3.5,4.5.1,9.9,3, Waiver o f L. ier, s .................................... 9. i0.2 Waivers of Subrogation ................... 6. lA, 11.3.5, 11.3.7 Warra~/and Warranties ......................... 3.5, 4.2.9, Weather Delays .................................. 4.3.8.2 When Ad3itraUon May Be Demanded ................. 4.5.4 Work; Definition of ................................. 1.1.3 Written Interpreter ions ................... 4.2.11,4.2.12,4.3.7 Wrlttefl Nothy. e ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, Written Orders ............................. 2.3, 3.9, 4.3.7, WARNING: Unlleermed photocopying vlolate~ U.S. copltHght laws and is mtn/eot lo legal A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditior~s), Drawings, Specifications, addenda issued prior to execution 6f the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requiren~ents). 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 pdor 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 (l) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entibes other than the Owner and Contractor. The Ai-chitect 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 fulfdl the Contractor's obligations. The Work may constitute the whole or a pat-t 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.$ 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 in~luding plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPEC~ICATIONS The Specifications am that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor a~ provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work hy the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2,4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.;; Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indns- 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 prepaxed by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall he 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 nscd by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions t~ this Project outside the scope of the 6 A201-1987 Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con nection with this Project is not to be construed as publication in derogation of the Architects copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions incfi~le those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the documem or (3) th~ 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 as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 D~FINITION 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 riff, hts. Such information shall include a correct .statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION ANO SERVICES REQUIRED OF THE OWNER 2.2,1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such rectsonable c~,idence were furnished on request prior to the execution of the Agreement, the prospective co;;tractor would not be required to execute the Agreement or to commet:ce the Work.] 2.2.2 The Owner shall furnish surveys de.seribiog 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 thc Contractor uoder the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progre~ of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Comractors), 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 Para-graph 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~iay 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 Cnmractor shall pay the difference tn the Owner. ARTICLE 3 CONTRACTOR 3.1 DERNITION 3.1.1 The Contractor is the I~rson or entity idemified as such in tbe Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. WARNIflB: U~qceased photocoF/tng violates U-$. ceti~fftlght lees e~l Is ~ul~e~t Io legal pm~ecatlo~. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Commct 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 d:anage resulting from errors, inconsis- tencies or omissions in the Commct Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Azchitect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documems without such notice to the Architect, the Contrac- tor shall assume appropriate responsibifity for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Comractor shall take field measurements and verify field conditions and sh~ c;reful~y compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omL~sions 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 SUPERVISIOH AND CONSTRUCTION PROCEIXIRES 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, unies~ Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form ibc Work in accordance with the Contract Documents either by a~tivities 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, too[s, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorFx}- rated or to be incorporated in the Work, 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks a~igned 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, mndifications not executed by the Contractor, improper or insufficient maimenance, improper operation, Or normal wear and tear under normal usage· [f required by the Architect, the Contractor shall furnish satisfactory evidence ~s 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 thereof provided· by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effecL 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations conduded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at vadance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modi£1catinn. 3.~.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 Documems. 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 obiection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and ali required tiuces, less applicable trade discounts; 8 A201-1987 .3 Contractor's costs for unloading and handling at the site, labor, instaflation costs, overhead, profit and .4 whenever costs are more than or le~ than allowances, the Contract Sum shall ~ adjusted accordin~y by Change Order. The ~moum of the Change Order sh~l reflect (1) the difference ~tw~n actual cos~ and the allowanc~ under Clause ~.8.2.2 and (2) changes in Contractor's costs under Clause ~.8.2.3. $UPE~INT~DENT ~.$.~ The Contractor shall employ a competent su~finten- dent shall represent the Cont~or, and communications giv~ to the su~fimendent shall be ~ binding ~ if given m the Con- t~cmr, lm~t communi~t~ sh~l ~ confirmed in writ- ing. Other communicati6~ s~ll ~ simihfly co~fi~ed on' ~.10.~ The Contractor, promptly after being awarded the Con information a Contractor's construction ~hedule for the ~ork, The ~edule sh~l not exc~d time l~its current under the requ~ed by the conditions of the ~ork and Project, related to the entire Pro~t to the extent reqqired by the Con- tm~ ~ments, and sh~l provide for ex~ditious ~d practi- ~ble execution of the ~ork. ~.~0.~ The Com~ctor shall prep~e ~d keep current, for the Architect's approval, a schedule of submRt~s which is c~rdi- th~ ~chitect r~nabte time to review submitt~. $.10.~ The Contractor sh~l confo~ to the most r~ent ~hedules. ~.]~.] ~e ~ntf~tOr s~ ~n ~t ~e site fo[ ~e Owner one t~rd copy of ~e ~, S~ifi~m, ~d~n~, ~ Or~ ~d other M~fi~, ~ g~ or~r ~d m~k~ ~tly to r~ord e~ ~d ~l~io~ ma~ during ~t~cflon, ~d in ~ddition appmv~ Shop D~w~, ~ ~hble to ~e Arehit~t ~d sh~l ~ delivered ro ~e ~chi- t~t for s~bmii~l to the Ow~ u~fl completion of the ~ork. 3.12 S~ ~W~, ~ DATA AND ~ 3.12.1 Shop Orawin~ arc drawinM, ~;gr~s, ~h~ul~ and othc; ~ s~cially prep=~d for thc ~ork by thc Comracror or a Su~(mt~or, Sub-subcont~cror, m3nu~cturer, supplier or ~.~.~ Pr~uct ~ta are ill~trations, standard ~hedul~, info~tion furnish~ by the ConI~ctor to illnstrate materials or equipment for ~me ~ftion of the Work. ~.J~.~ Samples are phyMcal examples which ifl~trare by which the ~ork will ~ judged. mlI~ ~re ~t Coat.ct ~me~. The pu~ of their mRI~ ~ m demo~t~te for th~ ~s of the ~ork for whicb submittals are required the way the Contractor proposes to conform rd the information given and the design concept expressed in the Contract Documents. Review by the Architect ks subject to the limitations of Subparagraph 4.2.7. $.12.S 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 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract DOcuments. 3.13.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or stmiiar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- . trigs, Product Data, Samples or similar submittals by the Archi- tect's approval thereo£ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certificarion of per formance 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- 3.13 iJSE OF Sift= 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otberwise alter such construction by the A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANINO 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 Proiect waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials 3.18.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. ., 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AHO PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers is required by the Contract Documents. However, if the ContractOr has rca- 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, 1o~ or expense is attributable to bodily injury, sickness, dlsea~ 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 fights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acta they may be liable, the indemnifies: tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of darnage~, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this paragraph 3.18 shall not extend to the liability of the Architect, the Archi- 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 instructious 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 tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized cepresentative. 4.1.2 Duties, responsibilities and lhnitations 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- sociably 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 shah be sui~ject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Dcx:xm~ents, unless otherwise modifRM 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 ff the Work is being performed in a manner iodlcat- lng 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 site observations as a~ 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 rueaP..s, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or Cha.rrge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Admlnlstm- 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 A~'chitect. 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.$ 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 reiect 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 ~n accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform lng portions of the Work. 4.2.? The Architect will review and approve or ~e other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpnse 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 detail~ such as din'~ensions and quantities, or for substanriati~ instructions for installation or performance of equipment or systems, all of which remain the responsibility of the (~ontractor 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 rafety 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 Constr~c~ 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 thc 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- tor, The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon, if no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4~2, then delay shall not be recognized on account of failure by the Architect to 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 t~e form of drawingS. When making such interpretations and decisions, the Architect will endeavor to secure faithful performar~ee by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right~ adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written nodce. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of AmhitecL Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters ar~ing prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (I) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4,4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by 'either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim h~ been implemented by Change Order will not be considered unle~ submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If cofi~ ditions zre encountered at the site which are (l) subsurface or otherwise concealed physical conditions which differ materi- ally from thiDse indicated in the Corltract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generaUy 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- rect will promptly investigate such conditions and, if they differ materially and cause an increase or decreas<: in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to paragraph 4.4. 4.3.7 Clalm~ for Acld~onal ~ If the Col{rtactor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor waS not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.ti.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 ff adverse: weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or daJ-nagd, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter, if a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed :ts provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF Ct. AIMS AN{) DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- rect 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 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (t) 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 Ifa Claim has not been resolved after consideration of the foregoing and of further evidence presented by the patties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITFIATK)N 4.5.1 Controven~ and C~alms Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim ha~ been referred to the A~chirect as provided in paragraph 4.3 and no decision has been rendered. 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not rc~lved under Paragraph 4.4 ah'all, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration A~sociation cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed 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 filed with the Architect. 4.5.3 Contract Performance Oudng Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 Whela Arbltratlotl May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(I) tl~e date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to axbitration 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- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits spedfied in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Clai~ would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.6.5 Limitation on ~ oe Jolnder, No athitration 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 spedfic reference to the Agree- merit and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or }tinder 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 pre~enee is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not desctibed therein or with a person or entity not named or decmdbed therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having ]urisdictinn the~oL 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for athitratJon must a~ssert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, tile arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITtONS 5.1.1 A Subcontractor ~s 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 tile Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, a~ soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enfi- ties (including those who axe to furnish materials or equipment fabricated to a special design) proposed for each principal por. tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has res~?nable 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, 6.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect h~ made rea- sonable and timely objection. The Contractor shall not he required to contract with anyone to whom the Contractor has made reasonable objection, 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection, The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor ha.s acted prompdy and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIOH~ 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contsacl Documents, has against t,he Owner. Where appropriate, the Contractor shall require eadh Subcontractor tO enter into similar agreements with Sub-sub- contractors. Th~ Contractor shall make available to each pro- posed Subcontractor, pricer to the execution of the sdbcontract' 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 Ownei- provided that: .1 .a~signment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifyiog the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to she 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 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 construction sct~ed- ules when directed to do so. Thc Contractor shall make any revisions to the construction schedule and Contract Suna deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents. when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall he 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, t l 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- t~ate 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 dehys or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Cgntractor shall promptly remedy daruage 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.i4. 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 w~te materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work ma}' be issued by the Architect alone, 7.1.3 Changes in the Work shall be performed under appli- cable provisions of th& 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 qumltities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE D~RECTIVES 7.3.1 A Construction Change Directive is a wdtten 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- tit)ns, deletions or other revisions, the Contract Sum and Con: tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; ,3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adinstment 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, ineiud lng adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive i~nmediateiy 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- . teet on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3~3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purpose~ of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office perso0- riel directly attributable to the change. 7.3.7 Pending fatal 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 r~et decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.~1 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining il, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective lnunediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201-1987 15 7.4 MINOR CHARGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with tbc intent of the Contract Documents. Such changes shall I~ effected by written order and shall he 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 pn)vided, Contract Time is the period of time, including authorized adjuslments, alloned in the Cob- 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 PRO~RF..S~ ANO COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work, 8.~'.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely fling of mortgages, mechanic's liens and other security interests. 8.~'.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 tinle 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, rjr by other c-.roses 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. 6.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the CA)or ract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Comract Sum is stated in tile Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for periormance of the Work under thc Contract Documems. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a ~chedule of values allocated to various {×)rtions 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 ~he Architect, sh;dl be used a.s a basis for reviewing thc Coraractor's Applica- 9.3 APPLICATIONS FOR PAYMENT 9,3.1 At l~ast ten days before the date estabiished 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 Subcontractors and material suppliers, and reflecting rerainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work, If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing, Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicabld insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by ulx)n 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 other persons or entities making a claim by reason of [laving 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 16 A201-1987 Owner a Certificate fi)r Payment, with a copy to the Contrac- tor, for such a.lllounl as the Architect determines is propedy due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part a.s provided in Subparagraph 9.5. I. 9.4.2 The issuance ora Certificate for Payment will constitute a repre~sentation by the Architect to the 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 Ecx:umerns. The foregoing representa- tions are subject to an evaluation of the Work ft)r conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to compiet4on and tt~ specific qualifications expressed by the Architect. The issuance of a Certificate for Payment wifi further constitute a ~-epresentation that the Contractor is entitled to payment in the amount certified. However, the issuance ora Certificate for Pay- ment wig not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the represen~tions 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 whk:h the Architect is able to make such repres, entations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently cliscovered 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 prnbable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .6 damage to the Owner or another cnntractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reas, nns for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect h~s issued a certificate for Payment, thc Owner shall make payment in the manner and within thc time provided in the Contract Documents, and shall so notify the Architect. 9.fi.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- tinn of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subeontractor'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.~.3 The Arcl)itect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work tlone by such Subcontractor, 9.~.~ Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.$ 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. 9.8.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work undl payment of the amount owing has be~n 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<lown, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUESTARTIAI- COMPt. ET)ON 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended 9.g.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substanfiaily complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- A201-1987 17 hated portion thereof is substantially complete. If thc Architect's inspection discloses any item, whether or not included on the Contract(}c's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Conn~actor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con-, tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise, provided.in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.9.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting gdjustrnent in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial Occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, rerainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warrantins required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8,2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- meot between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be (x:cupied or portion of the Work to be used in order to determipa-~ and record the condition of the Work. 9.9.3 Unless othcrwi~' agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPt. ETION AND FINAL PAYMEHT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Commct Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10,2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (I) an afiqdavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property, might be. responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner ag~nst such lien. If such Lien remains unsatisfied aft~'r payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and acee~ted. If the remaining balance for Work not fully com- plered or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contr~tor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constit ute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously nlade in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS ANO pROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- tanning and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 tn the event the Contractor encounters on the site matedal reasonably believed to be asbestos or polychiorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Arcbitect in writing. The Work in the affected area shall not thereafter be resumed except by written agreemem of the Owner and Contractor if in fact the material is asbestos or pol¥chlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- hated biphenyl'(PCB), or'when it has been rendered harmless, by wdtten agreement of the Owner and Contractor, or in accordance ~ith final determination by the Architect on which arbitration has not been .demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, ioclud- lng but not ILmited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychiorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel0 including loss of use resulting therefrom, but only to the extent caused in whole or in part negligent acts or omissions of the Owner, anyone directly or indirecdy employed by the Owner or anyone for whose acts the Owner may he liable, regardless of whether or not such claim, damage, loss or expense is caused in part by ~i party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2.2 The C~mtractor shall give notices and comply with ;applicable laws, ordinances, ru]~s, regulations and lawful orders of public authorities bearing on safety of persons or property or Ihcir protection from damage, inju~ or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous m~iterials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred.to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.? The Contractor shall not load or permit any pact of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in paragraph 4.3 and Article 7. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety oL and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, su'uoures and utilities no~ designa__te.d fcr removal, relo- eadon or replant in the course of construction. INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' Or workmen's compensation, which are ~ to the Work to be performed; A201-1987 19 .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be rained after final payment. These Certificates and the insurance policies required by this to the Owner. If any of the foregoing insurance coverages are for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the 11.2 OWNER'S I. IABILITY INSURANCE 11.2.1 Thc Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, protection against claims which may arise from operations for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract are beneficiaries of such insurance, until {'mai payment has been odlcr than the Owner has an insurable interest in thc property required by this Paragraph 1 1.3 to be covered, whichever is eadier. This insurance shall include interests of the OwC~er, the Work 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolitinn 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 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 the Work. The Contractor may then effect insurance which wilt subcontractors in the Work, and by appropriate Change Order the cost thereof shall he charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- 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 mininaum 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 afxer 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 shall be named insureds. 11.3.3 I.o~-~ ot U.~.~ Itlsurartce. 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 of the Owner's property, including consequential losses due n) 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. 2O A201-1987 11.3.5 If during the Project construction period thc Owner insures properties, real or personal or both, adjoiniog 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 I 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall fde with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph I 1.3. Each policy shall contain all generally applicable conditions, de0ni tions, exclusions and endorsements related to this Project. EaCh policy shall contain a provision that the policy will not be cancelled or allowed to expire !until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subeon- tractors, sub-subcontractors, agents and employees, each oftbe 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 Mchitect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subeontractors, 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. 11.3.3 A ~ insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the iusureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar !1.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon OCcurrence of an insured loss, give bond {'or proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as .fiduciary. The Owner shall deposit in a separate account pro- cg~eds 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 1o~ no other special agreement is made, replacement of d~m- aged propeny shall be covered by appropriate Change Order. 11.3.10 The Owner a.s fiduciary shall have ix)wet to adjust and settle a k)ss with insurers unless one of thc 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 he made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with dLstribution of insurance proceeds by arbitration is required, 11.3.11 Partial occupancy or use in accordance with Paragraph isarti;d occupancy or use by endorsemem or otherwise Tbe partial occupmqcy or use that would cause cancellation, lapse or ' 11.4 PERFORMANCE BOND AND PAYMENT- BOflD 11.4.1 The Owner shall have the right to require the Contrac- tor to fi~mish bonds covering faithfiil performance of the Con- lated in bidding requirements or specifically required in the 11.4.2 Upon the request of any person or entity appem'ing to he a potential beneficiary of bonds covering payment of obliga- 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 [:)onion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- .ing and replacement shall, by appropriate Change Order, be charged to the Owner· If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTtON 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 deaignated portion thereof, or after the d~te AIA DO~ A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ "~*19~? THEAMERICAN INSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE. N.W..WASHINGTON, DC ~OOO6 A201-1987 21 paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found Documents, the Contractor shall correct it promptly after lance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of rime between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12,2.2 shall survive accep- 12.2.3 The Contractor shall remove from the site portions of ~he Conqact Documents and are n~ither corrected by the 12.2.4 If the Contractor fails to correct nonconforming Work dance with Paragraph 2.4. If the Contractor does not proceed the Contractor's expense. If the Contractor does not pay costs 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 such amount, the Contractor shall pay the difference to the 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- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 AC(~.PTANC~ Of NONCONFORMIN~ WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable, Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1,1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.Z1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives m 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 a~s a whole without written consent of tile other. If either party attempts to make such an assignment without such consent, that party shall nevertheiess remain legally responsible for all Qbligation~ under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor sh:dJ 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 acceptabl¢ to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shalI bear costs of tests, inspections or apprnvals which do not become requirements until after bids are received or negotiations concluded, 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5,1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DO~ME~r A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ,, FOURTEENTH EDITION The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures R)r 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 Documems, 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 tile 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 INTERES? 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 COMMENCF=MENT OF STATUTORY LIMITATION PERIOD 13.7.1 AS between the Owner and Contractor: .1 Before Substantial Completion. AS to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Rnal Cerlffi- cate for Payment. As to acts or failurc~ to act occur- ring subsequent to the relevant date of Substant~ Completion and prior to issuance of the final Certifi- cate for Payn~nt, any applicable statute of limitations shall commence to run and any alleged cansc of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate 'for Payment, any appli- cable statute of Ih~itations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Comractor pursuant to ~ny warranty provided under I~aragraph 3.5, the date of any correction of the Work or failure tO correct the Work by the Contractor under Par'agr~ph 12,2, or the date of actual commL~ion of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs L~t. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may temfinate 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-subcomractor 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 natio~nal emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the rea.sOn 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 .$ the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor: rant 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 nlaterials; .2 fails to make payment to Subcontractors fur materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulatk)ns or orders of a public authority having juris- diction; or .4 otherwise is guilty of substamial breach ora pruvision of the Comract Documents. 14.2.2 When any of the above reasons exist, the owner, upon certification by the Architect that sufficient cause exists to jus- A201-1987 23 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 posses,sion of the site and of all materials, equip- ment, tools, and constr~ction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive ~rther 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 CONVENIEHCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion Nc) 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 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 --INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. the 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. Restroom Facilities: G-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. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Produ~s 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. Properly Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Restroom Facilities: G-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of · action and actions, cause and causes of action, shits, 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 (OwnedContracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. 2001 and any admittance or IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its affixed and duly attested by its this. Attest: Principal: and its corporate seal to be hereto day of ,. 2001 Restroom Facilities: H-1 Restroom Facilities: I - ! I do hereby state: t. That I pay or supervise tfm payment of the pamons employed by on the ; that during the payroll period commencing On the day of , 20 , and ending the day of , 20 , all pa~ employed on said project have been paid the full weekly wages earned (exert m nord CoILqm 10 - from of fofm~ that no rebates have been or will be made either directly or indirectly tooron behalf ofsaid contractor, from the full weekly wages earned by any parson and that no deductions have been made either directiy or indlrectiy from the full wages earned by any parson other than permissible deductions as defined by Regulaifons issued by the NewYorf[StafuDepartment of Labor. If any wages are unpaid, as reported in Column 10 on the front of this form, explain below: 4. That; (c). EXCEPTIONS (NOTARY & SEAL) Restroom Facilities: ! - 2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES. at NEW SUFFOLK BEACH JACKSON STREET TOWN OF SOUTHOLD NEW SUFFOLK, NEW YORK 11956 NOTE: NEWYOUR STATE DEPARTMENT OF LABORRATES APPLY TO THIS PROJECT. THE PREVAILING RATE SCHEDULE HAS BEEN ATTACHED HEREIN ANDIS PART OF THE SPECIFICATION. Restroom Facilities: J-1 YORK STATE DEPARTMENT OF LAE BUREAU OF PUBLIC HORK STATE OFFICE BUILDING CAMPUS ALBANY, NY I2240 SCHEDULE 2000A Date 02/09/01 T/O SOUTHOLD PRC 0102067 SUFFOLK COUNTY 02 Location and Type of Pro~ect PROJECT ID #: HONE NEH SUFFOLK BEACH RESTROOMS JACKSON STREET T/O SOUTHOLD,SUFFOLK CO. JAMES MCMAHON T/O SOUTHOLD TOHN HALL P.O. BOX 1179 SOUTHOLD NY 11971 In response to your reques~ enclosed is the schedule of the prevailing hourly wage ra~es and ~he prevailing hourly supplements for the above pro~ect, together with copies of the No~ice of Contract Let (PM-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 BIOS. These schedules have been prepared and farwarded in accordance wi~h Article 8 of the NYS Labor Law, Hhich provides that i* shall be the duty cf the fiscal officer to ascer*ain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public Hork pro,acts, and to-file such schedules with the Departmen~ having ~urisdiction. The attached rates ara based on the latest information available to the Department of Labor, Bureau of Publlc Hork. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Departmen±'s a~tention immediately. It is the responsibility of the Public Hork contractor to use the proper ra~e. If there is a question on the proper classification to be used, please call ~he district office located neares~ the project° · This schedule is effective from Juiy 1, 2000 through June 30, 2001. A qew uadated schedule Hill automatically be mai]ed ~o you each July 1 unti! Ne ar~ noti,ied that the Dro3ect iS completed or canceled. Note: A 1997 AMENDMENT TO SECTION Z20 OF THE LABOR LAN REQUIRES ~F ~URISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROL~R 1HERE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AHARDED CONTRACT. Very truly yours, Kevin E. Jones DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this pro~ect, enter ~he necessary information and return this page to Bureau of Public Hark, Bldg. 12, Rm. 130 SOBC~ Albany, NY 12240. PROJECT HAS BEEN COMPLETED/CANCELED: Da~e Signature Title For additional information, contact our local District Offices: Albany (518) 457-2744 Syracuse (315) 428-4055 Binghamton (607) 721-8005 Rochester (716) 258-4505 Buffalo (716) 847-7159 Utica (315) 793-2~]4 Hempstead (516) q85-4878 Hhite Plains (914) 997-9507 New York Ci±y (2IZ) 35Z-6088 PH-ZO0 (7-00) )CONTRACT REQUIREMENTS Each public work contract to which the State~ a pubIic benefit corporation, a muoicipal Corporation or a commisszon appointed pursuant to law is a party and whzch may znvolve the eepioyment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections of the New York State Labor Law: 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. 2. Each laborer, worker or mechanic empIoyed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no iater than thirty days prior to July 1st of each year. The prevailing rate of wage for the perzod commencing July first of such year through June thirtieth, inclusive of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those 'increases for such period which are directly ascertainable from such collective bargaining agreements. (See Sections 220.5, 2Z0.5) 5. It shall be the duty of the department of ~urisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be eraployed on a public work proBect, together with a statement of the work to be performed by each classification. (See Section 2ZO.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of ali wage rates and supplements to be paid or provided for the various classes of mechanics, workers or iaborers. (See Section B. No employee shall be deemed to be an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio of apprentices to ~ourney- level workers in any craft ciassification shall not be greater than the ratio ~ermitted to the contractor as to zts work force on any ~ob under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailin~ wage and supplement rate for the ~ourney level ciassificatzon of work actually performed. The contractor or subcontractor will be requzred to furnish written evidence of registration of its program and a~prentices as wail as of the appropriate ratios and wage and supplement rates for the area of construction, prior to using any apprentices on the contract work. (See Section 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 the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner~ discrimznate against or intimidate any employee on account o~ race~ creed, color, disability, sex or national origin. (See Section 220-e(b)) Note: The Human Rights Law aIso prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (Section 220-e(c)) (d) The cont~ may be cancelled or terminate the State or munici~lity, and all moneys due or to due thereunder may be forfeited, for a second or anysubsequen* vioia~ion of the terms or conditions of the antidiscrimina*ion sections of the con,fac*. (See Section 220~e(d)) (a) All contractors or their subcontractors shall provide their subcontractors a copy of the prevailing Hage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a con~ractor or subcontractor is a violation of Article 8 or the Labor LaH. (See Section 220-e(d)) (b) All subcontractors engaged by a public improvemen~ con*rector or i*s subcontractor, upon receip~ of *he original schedule and any subsequently issued schedules, shall provide *o such con*rac~or a verified sAa*ement at*esting tha~ the subcon*ractor has received ±he wage schedule and Hill pay or provide *he applicable ra*e of wages and supplements specified ~herein. (See Section PH-3 (8-99). ATTENTION:~LL CONTRACTORS AND SUBCONTRACT~L ENGAGED ON P~[IC HORK PROJECTS IN NEH YORK S~E INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more ~han.eight hours a day and no more ~han five days in a week, except in case ow exzraordinary emergency such as a fire, flood or danger life or property. You ~y apply to the Bureau of Public Hork for a DISPENSATION permitting workers to work additional hours or days per week on a particular public work project. HAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work projec* shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the probect has not been provided to the prime con~ractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the aeDlicable schedule must be obtained from the Department of Jurisdiction, who must make written application ~o the Bureau o~ Kubl~c Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: E~ery contractor and subcontractor must keep originals or transcripts o~ payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 5. Social Security Number, ~. Occupational classification in which worked, 5. Hourly wage rate paid Supplements provided 7. Daily and weekly number of hours worked in each classification B. Deductions made g. Actual wages paid. Hhen payroll records are requested by the Commissionerz each payroll record must be affirmed as true under the penalties of perjury which means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must. within 5 days after a request, produce at the work site the original payrolls or transcrzpts. Every contractor and subcontractor shall submit to the Dept. of Jurisdiction within thrity days after issuance of it's first payroll, and every thirty days thereafter, a transcript of the o~ payroll records, subscribed and affirmed as true under penalty ope~y, as provided by Article B, Section 220, of the NYS Labor Law. The DEPARTMENT OF JURISDICTION shall receive and maintain such payroll records. The original payrolls and transcripts mus~ be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule mus~ be posted in a prominent and accessible place on the site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to i~s work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is no~ registered as above, must be paid the prevasling journeyman's wage rate for that classification of work. (See attached sheet de~ailing Apprentice to Journeyman ratios) HITHHOLDING OF PAYMENTS: Hhen a complaint is filed with the Commissioner of Labor alleging ~he failure of a con±factor or subcontractor to pay or provide the prevailing wages or supplements, or Hhen the Commissioner of Labor believes that unpaid wages or supplements may be due. payments on the public work contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superin~enden~ of Banks pursuant to section lq-a of the banking law per annum from the da~e of underpayment to the date of the new payment, and may also include the imposition of a civil penalty not to exceed 25Z of the amount due. DEBARMENT: Hhen final determinations have been made aoainst a contractor or subcontractor in two instances within a six-year perio8 determining that it willfully failed to pay or provide the prevailing rate of wages or supplements~ or if ~here is one wilf~iolaAion ~ha± involves falsifiion of payroll records or kickback of ~es, such con~rac~or or subcon~or will be ineligible ~o bid on or be aHarded a public work con,fac* for a period of five years from ±he second final de±ermina~ion. CRIMINAL SANCTIONS: Hillful viola*ions of *he Prevailing Hage La~ (Article 8 of *he Labor Law) cons±i~u~e a misdemeanor punishable by fine or imprisonment, or bo*h. DISCRIMINATION: No employee or applican~ for employmenA may be discriminated agains~ on accoun~ of age, race, creed, color, national origin, sex, disability or marl*al s~aAus. Every employer sub~ec~ ~o ~he New York S~a~e Human Rights Law mus~ conspicuously pos~ a~ l~s offices, places of employmen~ or employmen~ ~raining cen~ers, no~lces furnished by ~he S*a~e Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disabili*y benefits mus~ pos~ in a conspicuous place no~ices of such coverage in a form prescribed by ~he Horkers' Compensation Board. Employers liable for contributions under *he Unemploymen~ Insurance Law mus~ conspicuously pos~ no~ices furnished by ~he S~aAe Depar~men~ of Labor. PH 19 (7-99) docm: letter2b NOTICE '~:~H PREVAILING HAGE RATE PUBLI~'~ON,, APPLICABLE TO ALL COUNTIES (~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers empIoyed on public Hork pro~ects throughout the state Hill be published on May 31st of each year. These neH rates Hill be in effect July 1st thru June 30~h. This neH determination Hili supersede the original schedule or any prior issued annual determination, It is the responsibility of the contracting agency or its agents to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate chanee ~rom a previously issued determination becomes e~fec~ye July lsd, re~erdiess of Hhether the new determtqatio~ has been received bY ~h~ Nhen you revieH the schedule for a particular occupetion~ you~ attention should be directed to the dates above the column of rates. These are the da~es that addi±iona) adjustments become effective, PH-Z02 (q-95) docm: le~erd VERI THE REGISTRATION APPRENTICE: Certain Sta~e and Federal LaHs require ~ha~ apprentices mus~ be individually registered as such in order to be paid appren±iceship rates on Public Work. The New York Labor Departmen~ is ~he official registration agency for apprentices in New York S~ate. No other Federal or Sta~e Agency or office regis±ers apprentices in New York S~a~e. Each year ~he apprentice ~raining central office in Albany receives hundreds requests from ~ederal ao~ S~a~e A~eocies~ Coo~rac~ors~ and o±her interested par~ies requesting veri~zcazion o~ zndivzduaz apprentzce registrations. The following information is provided in order ~o ciarify New York All registered apprentices in New York Sta~e are individuaIIy registered by name. address, social security number, s~arting date of ~raining, and o~her related da~a. This information is computerized and is available ONLY through ~he Albany Apprentice Training Central Office. Persons wishing to verify ±he apprentice registration of any individual should write ~o the Senior Employment Cons~ultant, New York S~a~e Department of Labor, Job Service and Training Division, Building 12, S~ate Office Building Campus, Albany~ New York 122~0. Ali inquiries MUST include'name and social security number and will be answered in writing. The response will indicate whether or not the individual is registere~, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual appren±ice registration is verification from ~he Albany Apprentice Training Central Office. Neither Federal nor S~ate Apprentice Training Offices outside Albany can provide conclusive registration information. It should be no~ed that the existence of a registered apprenticeship program is not conclusive proof that any individua! is registered in tha~ program. Fur~hermore~ ~he existence or possession of wallet cards~ identification cards or copies of state forms are not conclusive proof o~ ±he registration of any individual as an apprentice. PH-20~ (7~99) docm: let~er2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/0 S0~THO~D Schedule Type Date (~t. ETE 2000A 02/09/01 Prevailing Rate Case No. JAHES HC~AHON T/O SOU~I0[.D TO{~ HALL 0[02067 02 P.0. BOX 1179 PROJECT ID #t N0~E SOUTHOLD NY 11971 NEN SUFFOLK BEACH RES~ JACKSON STREET SUFFOLK COUNTY AGY. 0~ JUR~SJ = TOI~N NAT. OFPflOJ~CT: NEHBU~DZNG Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith, 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 nutifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this pdme contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) HeatingNentilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: CONTRACTOR'S TELEPHONE #: ( ) _ Address: City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: ! / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (02) Heating/Ventilation [] (04) Plumbing [] (05) Other Signature PW-16 (7~0) [] (03) Electrical Date ~evailing Ra~e Schedule Page 1 New York Sta~e Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided ~o assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule oF Prevailing Rates. PAID HOLIDAYS Paid Holidays are days ~or which an elipible employee receives a ragu)ar day's pay, but is not requzred to perform worK. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevaiiing rate for ±he work actually performed. OVERTIME Overtime holiday pay ~s the premium pay that is required ~or Hork performed on speci'fied holzdays. I~ is only required where ±he employee actually performs work on such holidays. The applicable holidays are lis~ed under HOLIDAYS: OVERTIME. The required ra~e of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given to ~he supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/er may require supplements to be paid or provided at a premium ra~e for premium hours worked. EFFECTIVE DATES Hhen you review the schedule for a particular trade or occupation,your attention should be directed to ~he da~e above the column(s) of rates. This is the date on which the rate become effective. The rate lis~ed is valid until the next effective ra~e change or until ~he new annual determination, which takes effect on July 1 of each year. All con~ractors and subcontractors are required to pay ~he current prevailin~ rates of wages and supplements. The department of 5urisdiction is require~ to provide a copy of ~he curren~ annual determination. Should you have questions; please contact ~he Bureau of Public Hork or visit the NYS Department of Labor s Heb si~e at wH~.labor.sta~e.nv.us for curren~ wage rate information. HOEKERS COHPENSATION In accordance with Section Iq2 of the State Finance LaH, the contractor shall maintain coverage under ~he iife of ~he contract for ~he benefit of such employees as required by the provisions of the Ne~ York State Horkers~ Compensation Law. -Contractor to be awarded contract must provide proof of Horkers' Compensation coverage prior to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Horkers' Compensation coverage in this state. Oevailing Rate Schedule Page 2 New York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A -Proof of coverage must be on form C-10S.2 (Certificate of Horkers~ Compensation Insurance) and must name this 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 Hrite Horkerst Compensation coverage in this state, and the coverage must be listed under item 5A of the information page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a Horkerst Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional information, please contact nearest BUREAU of PUBLIC HORK District Office or write to the NEH YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC HORK, BUILDING 12, STATE OFFICE BUILBING CAHPUS, ALBANY, NEH YORK 122q0. Distric~ Office Locations: Teleehoqe# FAX # Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Public Hork - Albany ' Public Hork Binghamton Public Hork Buffalo Public Hork - Hempstead Public Hork Rochester Public Hork - Syracuse Public Hork Utica Public Hork - Hhite Plains Public Hork - New York City Public Hork Central Office DVEEIIME 518-qS7-Z7q~ 607-721-8005 716-8q7-7159 516-q85-~878 716-258-~505 $15-q28-q056 315-793-251~ 91~-997-9507 212-352-6088 518-~57-5589 518-q85-0240 607-721-8004 716-8~7-7650 516-q85-0322 716-258-~708 315-~28-~671 $15-79~-25q2 91q-997-952~ 212-~52-6186 518-~85-1870 (7/06/99) Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in ~he attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. (B )AA) ~[mm~ :~ one half of the hourly rate after 7 and one half hours per day. one half of the hourly rate after 8 hours per day. Bi) Time and one half of the hourly rate for the 9th ~ loth hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. c) Double the hourly rate after 7 and one half hours per day. D1) Double the hourly rate after B hours per day. D1) Double the hourly rate after 9 hours per day. E ) Time and one half of the hourly rate on Saturday. El) Time and one half 1st ~ hours on Saturday. Oouble 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 dursne that wee~ due to inclement weather. (E~) Between November 1st and Hatch 5rd Saturday may be used as a make-up day at straight time when a day is lost durine that weekdue ~o inclement weather, provided a given en~loyee has morked between 16 and 32 hours that week. (Eq) Saturday and Sunday may be used as a make-up day at straight time Oevailing Rate Schedule Page S New York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A when a day is lost durinR that reek due to inclement weather. F Time and one half of the hourly rate on Saturday and Sunday. G Time and one half of the hourly rate on Saturday and Holidays. H Time and one half of the hourly rate on Saturday, Sunday, and Holidays. ITime and one half of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. Time and one half of the hourly rate on Holidays. ~ Bauble the hourly rake on Saturday. Double the hourly rate on Saturday and Sunday. Double the hourly rate on Saturday and Holidays. i Double the hourly rate on Sunday. Double the hourly rate on Saturday, Sunday, and Holidays. Double the hourly rate on Holidays. Double the hourly rate on Sunday and Holidays. Two and one half times the hourly rate for Holidays, if worked. Si) Two and one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate all additional hours. T ) Triple ±he hourly rate for Holidays, if worked. U ) Four times the hourly rate ~or Holidays, if worked. V ) Including benefits at SAME PREMIUM as shoHn ~or overtime. H ) Time and one half for benefits on all overtime hours. NOTE: BENEFITS are PER'HOUR HORKEB, far each hour worked, unless otherwise - noted HOLIDAYS PAID Paid Holidays are days ~or which an eligible employee receives a regular day's pay~ but is not requzreo to perform worK. No~e: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for ±he work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the a~tached schedule. The Holzdays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 None. 2 Labor Day. ~ Memorial Day and Labor uay. Memorial Day and July qth. Memorial Day, July qth~ and Labor Day. New Year's Day. Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Hashington's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. 10 Nashington's Birthday. 11 Columbus Day. 12 Election Day. Page ~ ~iling Rake Schedule NeH York S~a~e Departmen~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A 13 15 16 17 18 19 2O 21 22 25 2q 25 26 Presidential Election Day. 1/2 Day on Presidential Eiec~ion Day. Ve%erans Day. Day after Thanksgiving Day. July q~h. 1/2 Day before Chris~mas Day. 1/2 Day before New Years Day. Thanksgiving Day. New Year's Day. Chris~mas Day. Day before Chris~mas. Day before New Year's Day. Presidents' Day. Martin Luther King, Jr. Day. HAGES(per hour) 'Asbestos Horker ....... ' 1/01/00- 7/01/00- 6/30/00 12/31/00 $ 33,06 '$ '3q.06 OVERTIME: See ( C, O, Tx, V ) on OVERTIME PAGE. ~ overtlme code T applies Go Labor Day only if worked. ~See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 9, 11. 15, 16, 25 ) on HOLIDAY PAGE. For Rem./AbaAement: See ( i ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of Journeyman's ra~es. 1st ~nd 3rd q~X OU~ /O~ SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 19.69 $ 19.69 Apprentices Same % as Same % as wages of Hages of $ 19.69 $ 19.69 HAGES (per hour) 6/01/99- 5/31/00 Rem./Aba~emen~ only~ .... $ 22.00 ~On mechanicial systems ihat are not to be scrapped. OVERTIME: Rem./Abaternen*: Time and One-Half after 8 hours per day and after 5 work days per week. Journeyman Rem & Abatement $ q. O0 9-12 BO1LEHMAK~N ~evailing Ra~e Schedule Page 5 New York S,ate Depar*menA of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A HAGES(per hour) 7-01-00- 9-01-00- 9-01-01- 8-31-00 8-31-01 8-31-02 Boilermaker ........... $ 34.00 $ 34.92 $ 35.86 pVERTIME PAY: See ( D, E, Q ) on OVERTIME PAGE. HOLIDAYS: ~ ~ee ( 8, 1~: 23, 24 ) on HOLIDAY PAGE. IM : See ( 6, 11, 1Z, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: wage. ~sA 2nd Srd 4~h 5% .. 65% 7OX lEX SUPPLEMENTAL BENEFITS: ( 1/2 ) year (erms e~ the following percentage of journeyman's 7~ (per hour worked) $ 4.21 + $ g.3~ + $ 4.34 + q7 % of 47 % of 47 % of wage ra(e wage ra~e wage ra(e q-5 ~ARPENTER WAGES(per hour) Building: Millwrigh± ........... $ 7/01/99- 1/01/00- 7/01/00- 12/31/99 6/30/00 12/31/00 26.84 Addle. Addi*. $ .96/hr. $1.20/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. ~ See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( ! ) year ~erms a~ ~he following percentage of Journeyman's wage. ,~st. Znd. 3rd. q~h. 55z 65Z 75% 95x SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 23.59 Appr ls± term 15.96 Appr 2nd ~erm 17.55 Appr 3rd term 19.62 ~vailing Ra±e Schedule Page 6 New York S~a~e Depar~men± of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A Appr ~h ~erm 21.53 9~7q0 CARPENTER HAGES(per hour) 1/01/00 7/01/00 Carpet/Resilien~ Floor Coverer ......... $ 32.22 Addle. $1.16/hr. OVERTIME PAY: See ( 8, E, Q ) on OVERTIHE PAGE. HOLIDAYS: ?ALU: See 18, 19 ) on HOLIDAY PAGE. PAID= See 5, 6, 11, 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Appren*ices OVERTIME: See 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 J year ~erms a~ the following percentage of Journeyman"s wage. 1st. Z~d. 3rd. fi~h. ~UPP~EMENTAL BENEFITS:(per hour worked) - See Below. 9-2287 CAE?ENIE~ HAGES(per hour) 7/01/99 Piledriver ........... $ 32.15 Oockbuilder .......... 32.15 7/01/00 Addi~. $3.O0/hr. OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. ~ See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for is± & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ~ ( 1 ) year terms at ~he following percentage of Journeyman's wa e. SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1q56 CA~?~NIbN HAGES(per hour) Marine Construction: Marine Diver .......... 7/01/99 7/01/00 38.70 Addit. $3.ql/hr. ~evailing Ra~e Schedule Page 7 NeH York S±a~e Depar~men~ o~ Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A " " Tender .... Z8.67 Addi~. ~2.8~/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, lO, 11, 15, 16, 18, 19 ) for ls~ S 2nd yr. Apprentices OVERTIHE= See ( 5, 6, 10, 11, 15~ 16~ 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1q56/D CARPENTER HAGES(per hour) 7/01/99 7/01/00 Timberman ......... $ 28.85 '. Addle. $2.85/hr. OVERTIME= See ( 8, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See B, 6, ii, 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES= ( 1 year ~erms a~ ~he ~olloHing percentage o~ Journeyman's . Ha e. 4~ 2nd. 80 ' ~0%' 50X SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER The folloHing Supplemental Benefits apply ~o ±he preceding Carpenter categories and/or Occupational ~i~les unless o~herH~se no~ed. 1/01/00 SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman ~ 21.65 Apprentices 15.~5 9-NYC/Supp CARp~N[Ek HAGES (per hour) 7-01-00- 6-30-01 Building: Carpenter ............... $ 32.19 ~evailing Ra~a Schedule Page 8 New York S~a~e Depar~men± o~ Labor .................................. Case Number 0102067 SUFFOLK 2000A Heavy/Highway: Carpenter ............... $ 32.63 OVE~TIHE PAY: See ( B, E, ~ ) on OVERTIME PAGE. ~See ~IME: ( 1 See APPRENTICES : ls~ yr on HOLIDAY PAGE. 5, 6, 10, 16 ) on HOLIDAY PAGE. 1 ) year ~erms a~ ~he following wages. Heavy/Highway Building $ 13.23 $ 13.05 '.71 17.~6 ~UPP~EHENTAL BENEFITS:(per hour worked) Journeyman ' $ 20'.02 Appr ls~ & 2nd ~erms 13.50 Appr 3rd 8 4~h ~erms 20.02 ELEVAIU~ 4-SUF HAGES (per hour) 7/01/99 Elevator Constructor ..... $ 3q.~15 "Modern. 8 service... 28.575 Apprentice: (6) month ~erms a~ ~he ~ollowing percentage o~ Journeyman's Hage. ls~ 2nd 3rd q~h 5~h 6~h 7~h 8~h 9~h lO~h 50Z 60X 6§~ 7OX 75X 75~ 75% 75X lbX OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. ~MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOL~pAys: PAID: ~ee ( S, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:[per hour worked) Journeyman/Apprentice: Construction $ ~0.855 Modern./Service 10.705 9-1 GLAZIER ~vailing Rate Scheduie Page 9 NeH York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A HAGE$(per hour) 6/01/00 Glazier .............. $ 29.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: VAiU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the foloHing percentage of Journeyman's 1st 2nd 5rd 4th ~0~ SUPPLEMENTAL BENEFITS=(~er hour ~orked) Journeyman $ 18.07 APpP 1st term 5.67 Appr 2nd term 6.67 Appr 3rd term 9.46 Appr 4th term 13.22 9-1087 (DC9 NYC) HAGES (per hour) Electrician ............ Fire Alarm ............. Audio/Sound ............ 7-01-00- 6-30-01 35.25 35.25 35.25 ~ See ( B. Q, V~ ) on Overtime Page. YORK STATE DEPARTHENT 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 4:30 P.M.to 12:30 A.M ..... GRAVEYARD SHIFT 12:30 A.M.to 8:A.M ........ ~See ~r~iME: ( 1 See APPRENTICES: ( 1 Hage. 1st 2nd 5 d SUpPL~HENTAL BENEFITS: $ 41.36 46.33 on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the folIoHing percentage of Journeyman's 4th 5th 7u~ §OX 6UZ (percents based on gross Hages-others per hour) ~veiling Rate Schedule Page 10 NeH York State Department of Labor .................................. Case Number 0102067 SUFFOLK 2000A Journeyman ~3.5% + $ 5.~3~ App 1st yr .~ ADp 3rd yr ~3.5Z + App 6th yr q3.SZ + PUHP & TANK HORK " 7-01-00 6-01-01- 5-31-01 5-31-02 JOURNEYHAN ..... '.. $29.22' $30.10 OVERTIHE; See ( E, Q ) on OVERTIHE PAGE. HOLIDAYS= Paid 6-01-02- 5-31-03 $31.30 Overtime [ 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the folloHing percent of journeymans rate. 1st 2nd 3rd qth 5th GO% 50Z 60% 70% Supplemental Benefits : per hour ~orked. 50 1/2% of hourly ra~e 4-25 Oeveiling Rate Schedule Page l! New York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A ELECTfflCIAN For utility distribution & transmission line construction. HAGES (per hour) 7-01-00- Lineman / Splicer ............... Material Man .................... Heavy Equip. Oper ............... Groundman ....................... Flagman ......................... 10-01-00- 10-01-01 9-50-00 9-30-01 9-~50-02 $ 51.00 $ 1.10 adi:l $ 1.20 adtl 26. q7 " " 24.80 " " 18.60 " " 15.95 " " OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. · -~S~e ( 5, 6, 8, 9, 10, 11 ') on Holiday page. I~IME: See ( 1 ) on Overtime Page. M APPRENTICES: 1000 hour periods at the following percentage of journeyman,s Hage. 8OX ~b~ 90Z ~UPP~EM~NTAL BENEFITS: (percents based on gross wages-othere per hour) 5.59+9 22.5% Underground Natural Gasline Hechanic: ( 2'~ or less ) 7-01-00- 5-01~01- 5-01-02- 2-28-01 2-28-02 2-28-05 Journeyman U.G.Mechanic .... $ 25.75 $ 26.65 $ 27.52 OVERTIME: See ( B~ E, E2, P ) HOLIDAYS:: PAID: See ( 5, 6, 8~ 9, 10, 11, 16 ) on Holiday Page. OVERTIHE: See ( 1 ) on Overtime Page. Supplemental Benefits: ( per hour worked ) $ 3.61+ $ q. O0+ $ q,O0+ 22% 22.5X q-lOq9 line ~LbCI~ICSAN Applicable to electrical maintenance of existing electricai systems including, Ovailing Ra~e Schedule Page 1Z New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A bu~ no~ limited ~o, ~raffic signals and s~ree~ lighting. HAGE$ (per hour) 7-01-00- 5-01-01- q-30-O1 q-30-02 Electrician $ 28.30 $ 29.30 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. " OVE~TIHE: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ the folloHing wage. q h 1st and ' 3rd 7tZO 80zSth qoY. ~07- 607. SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.69 + $ 12.23 + 3Z of wage 3Z of wage TR~IEE - Line Clearance Seecial~s~ 7-01-00- 12-30-00- 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. OVERTIME: See ( 1 ) on OVERTIME PAGE. ~UPPLEHENTAL BENEFITS: (per hour worked) $ 3.87+ $ q.12+ 12.52 12.5 ~-2Sm TRFE 1-06-02- 6-30-02 $ 20.~ $ q.37+ 12.5% q-lOq9 IEUNHUEKEH MAGES[per hour) 1/01/99- 6/30/99 S~ruc~ural ........... $ 37.70 Riggers .............. 37.70 Oevailing Ra~e Schedule Page NeH York S~a~e Depar~men~ o~ Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A Machinery Movers ..... 37.70 " " Erectors... 57.70 OVERTIME PAY: See ( B, EX, Q, V ) on OVERTIME PAGE. ~ ~or ls± 8 hours, double ~ime ±hereafter. ~ee ( i8, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 172 ) year terms at the ~olloHing wage. s~. 'nd. 3rd. q(h. 6(h, ZI.15 Zl./b SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ Z2.~ A~pren~ices 17.88 ., 9-q0/~61 HAGES(per hour) 7/01/98- 6/$0/99 Reinforcin~ & Me~al Lathing .......... OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: Sea ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year ~erms a~ ~he ~oilowing wage rates. ls~ Znd ~16.UO ~1~.~8 ~Zl.~6 SZq.~2 SUPPLEMENTAL BENEFITS:(peP hour worked) Journeyman $ 17.A8 Appr ls~ ±arm 10.68 2nd ~erm 11.68 ~rd ~erm 15.68 A~h term 16.68 9-q6 1R~NHU~KEE HAGES(per hour) 01/01/00- 6/50/00 Ornamental ............. $ 55.5q Chain Link Fence ....... 55.56 ~vailir, g Rate Schedule Page lq New York State Departmen~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A Guiderail Installation. $5.5q OVERTIME PAY: See ( A, D1, Ex, Q, V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. HOLIDAYS: HAID: See { I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of Journeyman's wa e. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 18.66 ', Appr 1st term 19.01 Appr 2nd term 19.59 Appr Srd term 20.15 A~pP q~h term 21.29 Appr 5th term 21.87 Appr 6th term 22.99 9-580 LABORER HAGES (per hour) 07/01/99- 06/~0/00 Building Laborer: Except Abatement ...... $ 22.55 For Abatement See Below OVERTIME PAY: See ( A, E, E2, Q ) on'OVERTIME PAGE. See ( I ) on HOLIDAY PAGE. ME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 15.q9 07/01/00- 06/30/01 1.38 adtl. 07/01/01- 06/30/02 $ 1.q3 adtl Supplemental Benefits ( per hour Horked ) ....... $ q. O0 LABOE~J~ - HE~ Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Abatement Only ........ 07-01-00- 12-01-00- 12-01-01- 12-01-02- 11-30-00 11-30-01 11-30-02 11-30-03 Hages ..................... $ 21.q5 $ 1.55 edt1. $ 1.00 edt1. $ 1.00 adtl. Oevailing Ra~e Schedule Page I5 New York S±ate Bepartment of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A Group # Z: Asphalt Shovelers, Roller Boys and Tampers. Group # 5: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. HAGES (per hour) 6-01-00- 6-01-01- 6-01-02- 5-$1-01 5-$1-0Z 5-31-05 Heavy/Highway Laborer: Group # 1 ............. Group # Z ............. Group # 5 ............. $ 26.67 $ 1.q5 adtl. $ 1.50 adtl. 26.06 1.q2 " 1.47 " 2~.03 1.35 " 1.40 " NOTE: PREMIUM PAY ZO% on straight time hours for NEH YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. Apprentices: ( 1 ) year terms at the following percentages of ~ourneymans ls{ year .......... 80Z 2nd year .......... 90Z OVERTIME PAY: See ( B, F, EZ ')'on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( I ) on HOLIDAY PAGE. SUPPLSHENTAL BENEFITS: (per hour worked) $ 13.42 4-1298 MA$ON-Bu~dina H_~[per hour) 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. Cleaner. Nazntenance and 1ST three terms o~ Apprentices See ( 5, 6, 11, 15 on HOLIDAY PAGE. Ali others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, [1, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the folioHing percentage of Journeyman's wa e. ls~ 2nd Srd 4th 5t~ 6th 7th 8th 5OX bb% 6OZ 6hZ /OX 8OX ~OZ 95X SUPPLEMENTAL BENEFITS=(per hour worked) Journeyman $ 12.$3 Cleaner/Maintenance 2.40 AppP 5.80 + wage percentage of $ 6.09 ~lvailing Rate Schedule Page I6 NeH York S~ate Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A 9-7/24 ~ASUN - Building HAGES(per hour) 1/01/00- 6/50/00 Building: Brickleyer .......... $ 35.22 7/01/00- 12/51/00 5q.27 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HDLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of Journeyman's wage. st -- LO% 2nd 3rd 4th 'STH (500 Hfs) 6TH (500 Hfs) 60X 7OX BOX 9OX 95X SUPPLEMENTAL BENEFITS:(per hour Hocked) Journeyman $ 15.56 15.61 AppP 8.53 8.35 g-lark MASON-Buildzna Unit Pavina Hork~ ~ Shall include but not limited to: fired clay brick pavers, pre-cast con- crete slabs (london walks), pressed concrete paverst cobble stone, ali types of flagging, asphalt concrete pavers- asphaltic cement sand and stone aggregate, unit safety surface. HAGES(per hour) 8/Ol/gg Journeyman .............. $ 24.12 Apprentice ( one year term ) .... 20.27 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HBL1UAY$: PAIU: See ( i ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 10.76 Appr 6.08 9-1 Paver ?LASIbEbE$ - 5KIMCU~IIN~ HAGES(per hour) 7/01/2000 2/07/2001 2/06/2002 Journeyman ........... $ 27.00 27.50 28.50 ~vailing Rate Schedule Page 17 New York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A ~ See ( C, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, B, i0, ii, I3, 18 , I9 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the folloHing percentage of ~ourneyman's SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $13.52 $1q.58 $1~.55 9-530 MASON - Poznter/Caulker/Cleaner HAGES(per hour). 7/01/99- 6/30/00 Pointer, Cleaner,& Caulker (Mason) ..... $ 28.20 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25~ 26 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the folloHing Hage rates. 1st Znd 3rd ~th $1~.00 17.Z5 Zi.UO Zq. SO SUPPLEMENTAL BENEFITS:(per hour Horked) Journeyman $ 12.65 Appr 1st term 2.50 Appr 2nd term 2.75 Appr 3rd term ~.50 Appr qth term 6.50 9-1PCC HAGES(per hour) 7/01/99 7/01/00 Cement Mason ......... $ 35.00 Addit. $2.00/hr. OVERTIHE PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. Page 18 g Ra~e Schedule New York S~a~e Depar~men~ o~ Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms a~ ~he ~ollowing percentage o~ Journeyman's wages and ~ringes. 50Z 60X 70X OX SUPPLEMENTAL BENEFITS:(per hour worked) $ lq.15 9-780 MASON - Bulldiea HAGES(per hour) 7/01/99 Building: Plasterer ............ $ 29.57 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ±he ~ollowing percentage of journeyman's wage. ls~ 2nd 5rd qO% 60X SUPPLEMENTAL BENEFITS:(peP hour worked) Journeyman $ 12.25 Appr ls~ ~hree months 0.00 All o~her Appr 12.25 9-202P MASUN-BuiIdzn~ HAGES (per hour) 1/01/00- 6/50/00 Building: Mosaic 8 Terrazzo Horker...$ $1.38 " Helper...$ 50,07 ( A E, Q, V~ ) on OVERTIME PAGE. OVERTIME PAY: ~e~ B.q~ added ~o supplements. HOLIDAYS: PA[D: See ( ! ) on HOLIDAY PAGE. OVERTIME: Sea ( 5, 6~ 8, 11, 15~ 16, 25 ) on HOLIDAY PAGE. OevaiIing Rate Schedule Page 19 NeH York State Department of Labor .................................. Casa Number .................................. 0102067 SUFFOLK ZO00A SUPPLEMENTAL BENEFITS:(per hour Mocked) $ 15.35 9-7/3 MA50N - Buildinq WAGES(par hour) Building: Tile Layer ........... 11/01/99 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: FAIU: See ( i ) on HOLIDAY PAGE.-. OVERTIME= See ( 5, 6, 8, lO, Il, 15, I6 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)te~ms at the ~olIoNing percentage o~ journeyman's Hage. 1st 2nd 3rd qth 5th 6ih 502 5b~ 6b~ 7b~ 85~ ~52 SUPPLEMENTAL BENEFITS:(per hour Norked) $ lq.82 9-7/52 MASON - 8ulldinq WAGES(per hour) 12/01/99 Building: Tile Layer Helper & Finisher ....... $ 26.24 OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: HAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, B, 10, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour Norked) $ 12.~8 9-7/88 WAGES(per hour) 1/01/00- 7/01/00- 6/30/00 12/$1/00 Derrickman/Rigger .... $ $3.01 Page 20 ~g Ra±e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, lO ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms a~ ~he following percen±age of ~ourneyman's Hage. ~s( 2nd $rd 4th S(h 6(h 0% 60~ 10% ~U% ~O% SUPPLEMENTAL BENEFITS:(per hour worked) $ 25.46 $ 2q.56 9-197 MASON - Buzldina HAGES(per hour) 1/Ol/OO Building: Marble 'Cu**ers 8' Set±ers ............. $ 34.88 OVERTI~JE~ See ( B, O, V ) on OVERTIME PAGE at~ached. -p-A-~~: Journeymen receive 1/2 days pay for Labor Day. Apprentices iS~ ~hree ~erms See ( 5, 6, 8, il, 15 ) on HOLIDAY PAGE, Plus any day foiioNing a Thursday or Sunday Holiday. All o~hers See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, il, 15, ) on HOLIDAY PAGE. ~( 1/2 ) year ~erms a~ ~he folloHing percentage of journeyman's wage. 1st 2n~ 3rd 4±h 5~h 6~h 5OZ 55% 6bE 70% ~OZ SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Buildin~ HAGES(per hour) Marble-Riggers. Crane 8 Derrickman...$ 1/01/00 28.72 ~ See ( C, O, V ) on OVERTIME PAGE. : 1/2 Day for Labor Day. OVh~llMh: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. Sevailing RaGe Schedule Page 21 New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A SUPPLEMENTAL BENEFITS:(per hour worked) $ 16.82 PAINIb~ ANO U~YHALL HAGES (per hour) 7-01-00- 6-$0-01 Brush. Paper Hanger,Taper $ 26.05 S~ruc~ural S~eel ......... 55.65 Spray, Scaffold~Sandblast 28.q7 Repaznt/Renova~zon ....... 9-7/20 ~Addi(ional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting~ and Rolling Scaffold 20' and over. Lead Aba(ememt aG same ra(e as classification. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. ' UVb~I~ME FAY-Reoain(/Renovation: See ( B ) on OVERTIME PAGE. ~See ( I ) on HOLIDAY PAGE. ~IME: ( 5, on See 6 ) HOLIDAY PAGE. APPRENTICES: ( 1 )lstyear termsda~2n ~heErdfOllowing rates. Brush $ 10.75 16.01 19.11 Scaff./SB 11.84 17.62 21.09 Struc. S±l. 12.9q 19.2q 25.08 Rpt/Ren. 10.75 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. Journeyman $ 15.67 A11 other Journeyman 1~.67 Appr 1st year ~.76 Appr ali other terms 10.18 q-lqB6 PLUMBER HAGES (per hour)7-Ol-O0- 11-01-00- 8-01-01- 10-51-00 q-50-O1 10-31-01 Plumber ..... $ 5~.75 $ 55.q5 $ 56.15 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE,  ( 1 ) on HOLIDAY PAGE. ~. See ¢ 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year Germs at ~he following rates. 11-01-01- 5-01-02- 11-01-02- q-30-02 10-51-02 q-50-03 36.85 $ 37.55 $ 38.28 Page 22 ~vailing Ra~e Schedule New York S~a~e Depar~menA of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A 1st year ...... $ 13.61 $ 13.89 $ lfi.ll $ 14.35 $ 14.57 $ 14.83 2nd year ...... 17.19 17.54 17.87 18.20 18.55 18.88 3rd year ...... 22.q4 22.89 23.59 23.90 24.53 24.80 4~h year ...... 24.17 24.66 25.20 25.74 26.20 26.70 5~h year ...... 25.96 26.48 27.08 27.68 28.20 28.76 SUPplEMENTAL BENEFITS: (per hour worked~) Journeyman $ 16.80 $ 16.95 $ 17.55 $ 18.15 Appr Is* ~erm 10.14 10.20 10.50 10.78 Appr 2nd ~erm 11.80 11.88 12.20 12.52 Appr 3rd *arm 11.98 12.08 12.45 12.77 AppP 4th ~erm 12.69 12.80 15.17 15.54 Appr 5~h term 13.07 13.19 ' 13.57 13.95 ~Sunday and Holiday Benefits paid a~'Double Time ra~e. PUHP& TANK HORK 7-01-00- 6-01-01- 5-31-01 . 5-51-02 Journeymen ................. $ 30.03 $ 31.60 Overtime: ( B, E, Q ) on Over*ime Page. Holidays: Paid ( I ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Appren±ices: One year ~erms a* ~he following ra~es; App: 1st yr ................ $ 11.75 $ 12.22 App: 2nd yr ................ 14.98 15.64 App: 5rd yr ................ 18.10 18.95 App: fi~h yr ................ 21.18 22.21 Mechanic ................... 26.27 27.57 servzceman: ................ 18.10 18.95 Supplemental Benefits ; per hour worked. Journeyman ................. $ 15.56 $ 15.61 App. ls* yr ................ 6.41 6.66 App. 2nd yr ................ 7.72 7.97 App. 3rd yr ................ 9.13 9.58 App. 4~h yr ................ 10.59 10.84 Mechanic: .................. 12.51 12.56 Serviceman: ................ 9.13 9.38 18.75 $ 19.30 11.08 11.34 12.84 13.14 13.19 13.57 13.99 lq.40 14.41 14.83 4-200 $1EAMFll I~E HAGES(per hour) 12/29/99 S~eam Fi*~er .......... $ 56.30 Sprinkler Fi*~er ...... 36.30 Page 23 evailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A For Hork on Temporary Heat 8 Air Conditioning ....... $ 27.58 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 11, lB, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of Journeymants Hage. SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 18.75 + .3~ ~er hour worked For Hork on Temporary 15.gq Heat &.Air conditionsng + .3q per hour ~orked Apprentices term percentage o~ 1B.75 plus .3q per hour Horked 9-638A 5TEAMPIIIbK HAGES(per hour) 7/01/00 Steamfitter ......... $ 23.55 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepo~er~ and on A/C Heating and Air Cooling to combined compressors up to ten (lO) horsepoHer. OVERTIME PAY:See ( B, E~ 9~, S~ ) on OVERTIME PAGE. ~ee ( 2, 6, 9~ 10. ll~ 15~ 17, 26~ Memorial Day ) on HOLIDAY PAGE. ~ ( 2~ 6, 9, 15~ 17 ) OVERTIHE:~ ( 10~ 11, 26~ Memorial Day ) APPRENTICES: ( I ~ year terms at the folloHing Ha e. 1st 6 mo 2nd~ mo Znd yr 3rd vr q~h yr SUPPLEMENTAL BENEFITS:(per hour ~orked) Journeyman $ 5.56 Appr 1st term 5.3~ Appr 2nd term 5.i~ A~pr 3rd term ~.98 Appr 4th term fi.85 9-638B Page 2q ~vailing Ra±e Schedule NeH York S~a~e Depar*men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A 7-01-2000 10-01~2000 10-01-2001 HAGES (per hour) 9-30-2000 9-30-2001 9-30-2002 Roofer/Ha*erproofer ............... $ 26.50 $ 1.75 ad~l. OVERTIME PAY-NeH Roof: See ( A. E. E2,Q ) on OVERTIME PAGE. 0VERT~ME HAY-Neroot: See ( B, E, E2, Q ~ on OVERTIME PAGE. ee ( 1 See APPRENTICES: ( 1 End 3rd U% /UX SUPPLEMENTAL BENEFITS: (per hour Hork6d) Journeyman $ 18.0q Appre~*~ces ls~ 2.15 2nd 5.90 3rd 9.87 q~h lq.q6 2.25 ad~l. on HOLIDAY PAGE. q~ 6, 13, 16, 25 ) on HOLIDAY PAGE. year ~erms a~ ±he folloHing percentage of ~ourneyman,s Hage. 4Ah q-15q 5 bi HU HAGES (per hour) Shee~me~al Horker .... $ 33.17 7-01-00- 8-01-00- 2-01-01- 8-01-01- 2-01-02- 7-~1-00 1-31-01 7-31-01 1-31-02 7-31-02 1.25 ad~l 1.35 ad~l 1.q5 ad~l 1.60 ad~l For Temporary Opera~ion or MainA.of Fens .............. 80% of Shee~me~al Ra~e Decking & Siding Hork: ..... $ 28.70 OVERTIME PAY: See ((C',E2',O',Vv))°nDE20 OVERTIME PAGE on Fan Maint./ Decking & Siding ee ( I ) on HOLIDAY PAGE. E: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/23 d~ryear *erms a* ~he folloHing percen* of ~ourneyman ra~e 4~h 5~h 6~h 7*h 8~h SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman $ 20.93 Appr ls~ ~erm 6.28 Appr 2nd ~erm 7.33 Appr 3rd ~erm 8.37 Appr 4~h ~erm 9.q2 Appr 5~h (erm 10.q7 Appr 6~h ±erm 11.51 Appr 7~h ~erm 12.56 Appr 8~h ~erm 16.7~ Page 25 New York S~a~e ~evailing Rate Schedule Departmen~ o4: Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A Decking 8 Siding ............. 9.96 4-28 Hb~UE~ Helder...Te be paid the rate o~ ~he mechanic per4:orming ~ha work. TEAMSTER-Buildino Truck Driver (Building and Heavy/HighHay): GROUP 1: Chauf4:eur and Excavation. HAGES (per hour) 7-01-00- 7-01-01- 6-30-01 6-30-02 Truck Driver (Building and Heavy/HighHay): Group 1 ................. $ 28.755 $ 2c7.r~05 Drivers 04: ~hree-axle tractors 8 *railers~ $6.00 per day addi*ional. Drivers 04: heavy equipmen~ 8 tagalong tra~lers, $ 10.00 per day addi~ionalo Drivers o4: boom trucks, $ 10.00 per ~ay additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. H D : ~See ( 5, 6. 16, Z5 )~ on HOLIDAY PAGE. O~IME; See ( 5, 6, 16. 25 )~ on HOLIDAY PAGE. )~ mus~ Hork ~HO days in holiday Heek. SUPPLEMENTAL BENEFITS: (per hour Horked) $ 16.01 $ 16.61 fi-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Haste HAG,S (per hour) 7-01-00- 7-01-01- 6730/01 6-30-02 Truck Driver, Chauffeur or Loader/Operator $ 21.~5 $ 21.85 21.65 22.15 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. )S~)( 5, 6, 7, 8, 11, 1Z( Z6 ) on Holiday Page. Mu$~ Hork tho days in Holiday Heek SUPPLEMENTAL BENEFITS: (per hour ~orked) Page 26 ~vailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A $ 13.4S $ 14.68 4-282.Demo SIGN bKEUIUK HAGES (per hour) Sign Erector .......... $ 27.40 7-01-00- 1-01-01- 12-31-00 6-30-01 $ 27.90 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. ~ee ( 5, 6. 10, il~ 12, 16 ) on HOLIDAY PAGE OVERTIME: See ( 5, 6, 10, 11, 12,'16 ) on HOLIDAY ~AGE. APFRENT)CES: ( 1/2 ) year terms at the following percentage of ~ourneyman's Hage. lst' -2nd Srd 4th 5~h' .6th 7th 8th 9th , lOth 5~ qO~ ~b~ 5u~5b~ 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS: Journeyman ........... $ 17.q7 $ 17.60 App ls~ term .......... 3.61 3.63 App 2nd term ......... 4.04 4.07 App Srd term ......... 4.48 4.51 App 4th term ......... q.91 4.94 App 5th term ......... 7.~4 7.38 App 6~h term ......... 7.77 7.82 App 7th term ......... 10.2! i0.25 App 8th term ......... lO.SG 10.89 App 9th term ......... 13.07 13.12 App lOth term ........ 15.50 13.56 9-1S7 Page 27 ,evailing Ra~e Schedule New York S~a~e Depar~men± of Labor .................................. Case Number .................................. 0102067 SUFFOLK ZOOOA ~A1NIbN - $~rielnu Hiohwav HAGES(per hour) 7/01/1999 Pain,er (S~riping-Highway): S~riping-Machine Opera~or ....... $ 21.57 " Helper .................... 15.79 Linermaa ....................... 2q.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: ~AIU: See ( 2, 8. 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2, 8, 11, 12, 15, 16. 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a* *he following ra~es of 5ourneyman's wage. ls~ 2nd 3rd ~h 5*h $10.00 $11.00 $12.00 $13.00 $1q. O0 SUPPLEMENTAL BENEFITS:(per hour paid) .- 22% of wage + $ .50 9-8a/28a (230) HAGES:(oer hour) 1/01/00 7/01/00 Survey Rates-Building: Par~y Chief ......... $ 32.77 Ins*rumen* Man ...... 27.19 Rodman ............... 1B.Sq Addi±. $3.01/hr. Addit. $1.8q/hr. Addit. $1.31/hr. OVERTIME PAY: See ( A. EX. Q. V ) ON OVERTIME PAGE. ~Ooublelime paid on ihe Bth hour on Saiurday. HOLIDAYS: HAIU: See ( 5, 6. 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 12, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.qO 5U~VkY CEE - eav /H~ hwa HAGES: (per hour) 9-15Db Page 28 ~vailing Rate Schedule New York S~ate Departmen~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A 1/01/00 7/01/00 Survey Retes-Heavy/HighNay: Party Chief ............. $ 52.18 Addit. $5.22/hr. Instrument Man .......... 25.92 Addit. $I.78/hr. Rodman .................. 25.22 Addit. $I.q9/hr. OVERTIME: See ( B, Ex. Q, V ) ON OVERTIME PAGE. ~Boubletime paid on the 9th hour on Saturday. HOLIDAYS: HA1U: See ( 5, 6, 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±erms at the folloHing Hage rates. 1st term $ 9.97 2nd term lq.lq SUPPLEMENTAL BENEFITS (per hour paid') Journeymen $ 15.qO Apprentice 8.65 9-15D-N/S co. Survey CREH - Consultlne Enaineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveyinp, line and grade surveying for inspection or supervision of construction Hnen performe~ under e Consulting Engineer agreement. HAGES:(peP hour) Survey Rates: Party Chief ......... $ Instrumen± Man.. Rodman .............. 7/01/1999 25.96 20.65 17.88 OVERT)ME PAY: See ( B~ Ex, Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9ih hour on Saturday. HOLIDAYS: HAIU: See [ 5, 67 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.60 g-15dconsult CUH~ ONILL1N~ Oevailing Rate Schedule Page 29 New York State Department of Labor .................................. Case Number .................................. 0102067 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 Differential: 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: FA1U: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: M See { S, 6 ) on HOLIDAY PAGE. ~ See ( 8, 10~ 11, 13 ) on HOLIDAY PAGE. · SUPPLEHENTAL BENEFITS:-(per hour Horked) $ 7.69 ~OHEN EQUI~MENi UHEHATUE - Heavy/Hi~hHaV NAGES (per hour) 7-01-00- 8-01-00- 7-31-00 7-31-01 Hell Driller: .......... $ 23.72 $ 23.83 Hell Driller Helper:... 21.10 21.13 ~ See ( B, E, G, P ) on OVERTIME PAGE. See ( 5,(6.,16,5 6~ 23 ) on HOLIDAY PAGE. HE: See 16, 23 ) on OVERTIME PAGE. 9-1536 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .............. $ 8.65+ Overtime... $ i0.95 + 10% of rate 10% of rate Hazardous Haste Differential Level A ................. $ 3.00 p~r ~r o~er r~te Level B ................. 2.00 Level C ................. 1.00 " " " ' q-138well Page 50 availing Ra±e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A PUH~H ~UIP~NI OPERA1UH - A ":Crane. Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane. Pila Driver. CLASS '~": Asphal* Spreader, Backhoe Crawler. Boiler, Boring Machine, Cherry ~er 50 ~ons), Concre*e Pump~ Gradall. Grader. Hals*, Loading Machine (lO yds or more). Milling Machine~ ~ower Ninch-S~one Se~ing/S*ruc~ural S~eel/Truck Moun~ed, Powerhouse, Read Paver, Scoop-Carryall-Scraper in Tandem, Shovel~ Sideboam Trac~or, S~one Spreader (Self Propelled), Tank Mark, Tower Crane Engineer. ~LASS "C": Backhoe, Boom Truck! Bulldozer, Broin~ Machine/Auger, Cherry icker, Conveyor-Mul*i, Dinky Locomo*ive, Fork Llf~, Hois* (4 Drum), Loading Machine & FronA Loader. Mulch Machine (Machine fed), Power Ninches (All o,hers no~ included in CLASS A), Asphal~ Roller. Hydraulic Pump wi*h Boring Machine, Scoop, Carryall, Scraper, Main~. Han.,on Tower Crane, Trenching Machine, Vermeer Cu~er, Mark BoaA. CLASS "D": Curb Machine, Main*enance Engineer (Smai1 Equip. & Nell Poin~), ~ielO Mechanic, Milling Machine (Small). Pul¥i-Mixer, Pumps, RoIler.(Dir~), Vac-Ali, Helding/Burning~ Compressor (S~ruc~ural S~eel 82 or more in Battery), Concrete Fini-shing Machine. Concrete Spreadere Conveyor, Curin~ Machine, Fireman, Hois~ (One Drum), Ridge Cu~er, S~riplng Machine, NeId~ng Machine (S~ruc~ural S,eel ~ Pile Hark). CLASS "E": Compressor (Pilee Crane, S~one Se±~ing), Concrete Breaker/Saw Cutter, Hark Li~* (Halk Behind/Power Opera*ed)~ Genera~or (Pile Hork)~ Hydra Hammer. Hand Opera,ed Mechanicai Compactors. P~n Puller~ Por~able Heazer, Power-Broom/Buggy/Grinders, Pumps-Sin91e Ac*ion I ~o 5 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Helding Machine. Class '~F": Ba±ching PianO, Genera~or, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up ~0 ~ inches), Root Cu~er, S~ump Chipper, Oiler on Tower Crane, Track Tamper, Trac*or, VibraAor, Deckhand on Hark BoaA. HAGES (per hour) 7-01-00- 5-$1-01 Ciass "A" ............... $ ~Add $5.50 for Hazardous Has~e Mark Class "B" ............... ~Add $2.50 for Hazardous Has±e Hark Class "C" ............... $0.60~ ~Add $1.50 for Hazardous MasSe Hark Class "' D" ............... 29.q~ Ciass" E" ............... 27.i0 Class" F" ............... 25.95 ~Cranes : Boom length over iO0 ~o~ a~d ~ 0.50 p~r h~ur " " " 1~0 $ 0.75 " " " " 250 " " " " " 550 " " $ 1.50 " " ~ See ( D, 0 ) on OVERTIME PAGE. ~See ( 5, 6, 7, 8, Il, ) on HOLIDAY PAGE.~ ~mus~ork day before & day a~er, or receive 2 hours per in~armi~en~ day Derailing Ra~e Schedule Page New York S±a~e Depar~men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A OVERTIME: See ( 5, 6, 7, 8, 11, ) on OVERTIME PAGE.~ APPRENTICE [ i ) year terms at ~he following ra~es; ls~ yr .............. $ i6.7~ 2nd yr .............. 17.~2 3rd yr .............. 17.9q SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ......... $ 21.9q No~e No~e:OVERTIME Journeyman 23.90 Apprentice .......... 15.19 Note No~e:OVERTIME Apprentice 8.~0 ~-1~8 ?0~ bQU1HMEN10H~AIUK - Heavv/HiahNav HEAVY / H~HHA~. , ; rane, Truck Crane, Derr'ick, Dragline, Dredge, CraNler Crane, ToNer Crave.~ Pile Driver. . . . S~ee~/Truck Moun~ed, Powerhouse, ~oad Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Trac~or, S~one Spreader (Self Propelled), Tank Mork, Track Alignmen~Machine. CLASS "C": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Ficker, Conveyor-Mul~i, Dinky Locomotive, Fork Lift, Hois~ (2 Drum), Loading Machine and Fron~ Loader. Mulch Machine (Machine fed), PeNer Hinchee (Ali o~hers no~ included in CLASS B), Asphal~ Roller, Hydraulic Pump wi~h Boring Machine, Scoop, Carryall, Scraper. Main~. Man on Tower Crane, Trenching Machine, Vermeer Cu~er, Hork Boa~. Fireman, Hois± (one drum), Ridge Cutter, S~riping Machine· Helaing Machine (S~ruc±ural S~eel & Pile · ' , P , ( ' Hork), Hydra Hammer. Hand Opera~ed Mechenicai Compactors. Pin PuIler¢ Portable Hea~er, Power-Broom/Buggy/Grinders, Pumps-Single Action 1 ±o 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Melding Machine. Class "F": Ba~ching Plan±, Genera~or, Grinder, Mixer, Mulching Machine, Oiler, Hump tCentrifugal up ~o 3 inches), Roo~ Cu~er, S~ump Chipper, 0iler on ToNer Crane, Track Tamper, Trac~or, Vibrator, Deckhand onHork Boa~. Cla~s" G ": Lead Tec TV Crew. Cla. ss" H ": He± Ou~ Tec. Class" I ": Technician. Boiler Opera±or: Page 32 ~vailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A HAGES (per hour) 7-01-00- 5-31-01 Class "A" ............... $ 35.28* ~Add $3.50 for Hazardous Haste Hork Class" B" ............. 33.28* *Add $2.50 for Hazardous Haste Hork. Class "C" ............. 30.95* *Add $1.50 for Hazardous Haste Hork. Class "D" ............. 29.78 Class "E" ............. 27.q5 Class "F" ............. 26.27 Class "G" ............. 29.17 Class" H" ............. 29.17 Class" I " ............. 28.00 Boiler Operator ......... 28.58 *Cranes : Boom lengthn over 100 f~ot ~d $ 0.50 h~ur. p~r " " 150 $ 0.75 " " " " 250 " " $ 1.00 " " ,t " " " 350 " " $ 1.50 " " NOTE: PREMIUM PA~ 20~ on straight time h'ours for NEH YORK STATE'O.0.T. and other GOVERNMENTAL MANDATEO off-shift ~ork. OVERTIME PAY: See ( 0, 0 ) on OVERTIME PABE. See ( B~ ~ 7~ 8~ ll ) on HOLIDAY PAGE.** ork day before ~ day after or receive 2 hrs per intermlttant day OVERTIME: See ( 5~ G, ?~ 8~ 11 ) on OVERTIME PAGE.** APPRENTICE ( 1 ) year terms at the folloNing rates; 1st yr .................... $ 16.7q 2nd yr .................... 17.q2 3rd yr .................... 17.9q SUPPLEMENTAL BENEFITS: (per hour Horked) Note:OVERTIME Journeyman. Apprentice ............... Note: OVERTIME Apprentice MA~INb CONSI~UUf~ON HAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Class B: Engineer ............. Derrick Operator ..... Chief Mate ........... Chief Helder ......... Electrician .......... Fill Placer .......... Assr. Fill Placer ..... Z1.9q Note 23.90 13.19 Note 8,qO 10-01-99- 9~~0-00 26.68 2~.51 23.51 2~.18 2~.80 22.82 2~.18 21.29 q-138 Page Pevailing Rate Schedule Ne~ York Sta±e Department of Labor .................................. Case Number .................................. 0102067 SUFFOLK 2000A Boat master .......... Class C Maintenance Eng ...... Hate ................. Helder Oredge ........ Spider Barge Oper .... Boa~ Cap~ ............ S~eHard .............. Chief of Par±y ....... Class O Deckhand ............. Oiler ................ Fireman .............. Shoreman ............. Rodman ............... Tug Deckhand ......... 22.63 22.67 21.17 22,31 22.12 21.32 Zl.12 21.17 17,04 17.69 17.69 17,04 17,04 17.26 OVERTIME= Sea { B, F, R ) on OVERT~HE PAGE. HOLIDAY: 'PAID= See (.5, 6. 8, 10, 15 ) on HOLIDAY PAGE.- OVERTIME: See ( 5, 6, 8, 10, 15 ) om OVERTIME PAGE. The following SUPPLEMENTAL BENEFITS apply to ALL classifications. SUPPLEMENTAL BENEFITS: All Class A & B (per hour worked) $ 4.46 ( OVERTIME $ 1.25 EXTRA plus 8% of HAGE All Class C All Class O $ 3.86 ( OVERTIME $ 0.95 EXTRA plus 8Z of HAGE $ 3.26 ( OVERTIME $ 0.65 EXTRA plus 8% of HAGE HARINE CONSIHUCT1UN HAG,S (per hour) Dipper & Clamshell Dredges= Class A: 10-01-99- 9-50-00 4-25a ~vailing Ra~e Schedule Page New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 0102067 SUFFOLK Opera~or .......... ~ 26.26 Class B: Opera,or II ....... 21.55 Engineer .......... 25.12 Boa~ Mas~er 21.74 Ciass C: Maintenance Eng... 22.07 Ma~e .............. 20.57 Helder ............ 21.72 Boa~ Cap~ ......... 20.72 Chief of Par±y. 20.57 Class D: Oiler ............. 17.39 Fireman ........... 17.39 Scowman ........... 16.73 Rodman ............ 16.73 Tug Deckhand ...... 16.96 Deckhand .......... ,, 16.96 See ( 5, 6, 8, 10, 15 ) on Holiday Page. See ( 5, 6, 8, 10, 15 ) on Over~[me Page. suPpLEMENTAL BENEFITS: (pep hour Horked) Class A & B $ q.q6 plus 8% of HAGE 8% o~ wage Class C $ 3.86 ( OVERTIME $ 0.95 EXTRA ) plus 8% of HAGE Class D $ 3.26 ( OVERTIME $ 0.65 EXTRA ) plus 8% of HAGE q-25/3 The following rate should be substituted for the corresponding rate in the current wage schedule in NASSAU and SUFFOLK COUNTIES. ELECTRICIAN -Telephone and Integrated Tele-Data Systems:* WAGES (per hour) 7-01-00- 4-28-01- 4-27-02- 4-27-01 4-26-02 4-25-03 Journeyman ........... $ 26.69 $ 27.69 $ 28.69 * This rate does not apply to construction of new buildings or major ;renovation of an existing building, in tho~ cases the inside construction or regular electrician rate applies. Please call the Hempstead District Office at (516)485-4878 regarding proper use of these rates. · APPRENTICES: To be paid at the following percentage of the "A" Journeyman's wage(S35.25 thru 6/30/01) 1st 2nd 2nd 3rd 4th 5th 6 mos. 6mos. year year year year 30% 35% 40% 50% 60% 70% OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See (1) on HOLIDAY PAGE. Overtime: See (5,6,11,12,16,25)) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman 47.5% + 47.5% + 47.5% + $ 0.56 $ 0.67 $ 0.83 App 1st yr 15% + $ 3.33** App 2nd yr 15% + $ 3.33** App 3rd yr 43.5% + $ 5.43** App 4th yr 43.5% + $ 5.43** App 5th yr 43.5% + $ 5.43** App 6th yr 43.5% + $ 5.43** STATE OF NEqN YORK ._~j~ . BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ STATE OFFICE BUILDING CAMPus ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. Please type all information Requested Below AGENCY 0 PUBLIC WORK DISTRICT OFFICE I DATE Ry: n CONTRACT~G (ctmc~ o~rs) a ~RCm,X.SCt OR ~G~rsE~G n~ I A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Nameandcompleteaddress(r~checkifneworchange) 2. O N.Y. StateUnits ~l~bone: ( ) E-Mag: 3. SEND REPLY TO Name and complete address Fax: ( ) (n check if new or change) Telephone: ( ) Fax: E-Mag: B. PROJECT PARTICULARS 5. project 1TrLE and/or description of work to be performed. Include contract identification number, if applicable 7. Nature of Project- Check One G 1. NewBuiiding O 2. Addition to Existing Structure O 3. Heavy and Highway Construction (New and Repair) O 4, New Sewer or Waterline 5. Other New Construction (Explain) 6. Other Reconstruction, Maintenance, Repair or AJtecation 7. Demolition 8. Building Service Contract Name and TKle of Requester r'm 01 DOT D 02 DOS r'l 03 DORMITORY AUTHORITY O ~ STATE UNIV~RS/TY CONSTRUCT1ON FUND C] 05 MENTAL HYGIENE FACILITIES CORP. r~ 06 OTHER N.Y. STATE UNIT 0 07 City 00~ Lncal So~ol Distt~ O O~ Special Local DisZrk't, Lc., Fire, ~r, Wa~r O~ O. 10 ~lia~ Q 11T~ D 12 C~n~ O 13 ~hec No.N.Y. S~te (~) 4. SERVICE REQUIRED. Check appropriate box and provide project information. 0 New Schedule of Wages and Supplement. IAppROXIMATE aID GATE I O Additio~l Occupation andlo~ RedeterminatJon PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT ' ' ~ OFFICE US~ ONLY Location of Project: Location on Site Route No/Street Address Village or City. Town Coun~ 8. OCCUPATION FOR PROJECT [] Construction (Building. Heavy HJghway/Sewer~Nater) 0 Tunnelling Residential Landscape Maintenance O Elevator maintenance Exterminators. Fumigators O Guards, Watchmen O Janitors, porten, cleaners Moving furniture and equipment C3 Trash and refuse removal O Window cleaners G Other (Desc~be) Signature OFFICE USE ONLY Locality Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS Pw-3g ~01-011 STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing .,r.a~ schedule from the Bureau of Public Work of the New York State Department of Labor hst~ng the hourly rates for the trades and occupations of the workers .to bo employed on the public work project. This schedule ma~ bo obtained by completing and forwarding th.e..Request /'or Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to bo awarded and is deemed ~art of the public work contract. Upon the signing of the contract, the Department of urisdiction 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, f'n-e, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public w. ork contract. WITHHOI,DING OF PAYMENTS FROM CONTRACTORS: ~:: ~ ~,~ ? ~ ~"~ ~ When the Bureau of Public Work finds that a' contractor' or/mbcontra~tor ion a. public work, project failed to pay orprovide the requisite prevailing wages or. supplements,, the Bureau is authorized by Sections 220-b.and 235.2 of the Labor Law to se notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated, by_ the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty_ that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. Notice to ALL Contracting Agencies- Your attention is directed to the following Amendment to Article 8, Section 220 (3-al 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-al of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be writlen in plain English and titled, in lettering no smaller than two inches in height and ~'o inches in width," with the phrase "Prevailing Rate of Wages.' The bill further requires that the sign by weatherproof. The bill takes effect on March 6, 2000. signed into law on September 7, 1999. Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. 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 ?~i~W YORK THE PEOPLE OF THE STATE OF ,~EW ¥OIUC R~PR~.~TED IN .~."~1~ A,~'D ASS£MBLY, DO E~CT AS FOLLOV,~: 16 m~y I~, ~. T~e con~rK~or ~ ~ p~b~cr,~ os ~ Title JILDING TRADES RATIOS (ALPHAB~'ICALLY) Boilermaker (Constrt~ion) 15-333 Boilermaker 33-016 Bricklayer, Hason & Plasterer 11-274 Bricklayer-Mason 11.025 Cabinetmaker 44-033 Carpenter 12.037 Cement Finisher or Cement Masc~ 11-038 Const Inspector (Hwy & Tral~c Con) 18-504 Dry Wall Taper 14-349 Electrical (Outside) Line Worker 17-071 Electridan 17-072 Elevator/Escalator Construction & Modernizer 18-5'11 Glazier 16-087 InsulaOon & Asbestos Worker · 18-006 . Iro~ Worker 15-221 Laborer (See Skilled Construction Craft Laborer) Lather (Carpenter) 14. ~, Lather (Wood, Wire & Metal) 14-114 Unoleum & Resilient T~le Layer 16.115 Unoleum, Resilient Tile & Carpet L 16-117 Marble, Carver, Cutter & Setter 11-136 Millwright 32-143 Op Engineer (Grade & Pav~ng Equip) 18-286 Op Engineer (Heavy Duty Repairer) 18-288 Op Engineer (Heaw Equipment) 18-318 O1:) Engineer (Universal Equipment) 18-285 Ornamental Iron Worker 15-154 Painter & Decorator 14-156 Painter, Decorator & Paperhanger 14-157 Paperhanger 14-357 Pipefitter 13-176 Plasterer 14-178 Plumber & Pipeqtter 13-363 Plumber & Steamfitter 13-181 Plumber (ResidenOal) 13-365 Plumber 13-180 Pointer, Caulker & Cleaner 11-282 Rodperson 89-476 Roofer 15-194 Safety Technidan Painting 14-528 Sheet Metal Worker 15-201 Skilled ConstrucOon Craft laborer 18-514 Sprinkler Fitter 13-334 Steamfitter 13-215 Stone Mason 11-219 'lqle Setter 16-226 T~le, Ma~e & Terrazzo Rnisher 16-497 Ratio 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:4 , 1:1,1:6 1:1,1:4 1:1,1:5 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:5 I:l,l:S 1:1,1:5 1:1,1:5 1:1,1:4 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 1:1 1:1,1:3 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:4 1:1,1:4 2/4/00 - Please call Apprentice Training Central Office at (518) 457-6820; 'if. yo~ have any questions. COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion~ Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of tive ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities 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 perfprm 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 o.r dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which ara segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nationalodgin, because of habit, local custom, or otheiwise. Hefurther agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from'proposed subcontractors pdor 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): Restroom Facilities: K-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a pedod (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: H) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin. The contractor will take affirmative action to ensure that applicants are empl(Jyed, and that employees are treated dudng employment, without regard to their race, creed, color, or national odgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or undemtanding, 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 cf September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all previsions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Restroom Facilities: K-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or pumhase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 .Reports and Other Required Information (a) Requirements for prime contractbrs and subcontractors. (1) Each agency shall require each pdme contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such pdme contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a pdme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or 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 reporfwithin 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the pdme 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, pdme 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. Restroom Facilities: K-3 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective pdme contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Oppodunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as. follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previou~ 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. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent peded or such other period specified by the agency or the Director. A bidder or prospective pdme 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 raquirad, 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. Restroom Facilities: K-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for constnJction 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 other~/ise 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 bo 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 -lr2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Restroom Facilities: K-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council ' regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a pro~,ision which, requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to .the Grantor Agency and the Regional Office of the Environmental Protection Agency.. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of cimumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. Restroom Facilities: K-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 vadous classes of mechanics, workingmen, 6r laborers employed on the work. Section 220.3-e provides that apprentices will bo permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hidng of employees for the performance of work under this contract or any subcontract hereunde[, 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 ac_,c~unt of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Restroom Facilities: K-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 harm~;ul dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the previsions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the 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 sa!ety code provision~s 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. Restroom Facilities: K-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 ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h.' hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a.' and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Restroom Facilities: L-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-discrimir~ation 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-discriminafion clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission -for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such previsions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Restroom Facilities: L-2 Project Specifications: RE TROOM FACILITIES: NEW SUFFOLK BEACH JACKSON STREET NEW SUFFOLK, NEW YORK 11956 March 19, 2001 STED ~ ~0~HOLD TOWN I~OI~R~O DEP~RTMENT 53095 ~ R0~D, S0[~THOLD, New York 11971 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with alt particulars of the General Conditions and the Supplementary General Conditions of these Specifications. S. ection 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project ir~cludes the demolition of the existing restroom facility. This will include the disconnection of all building utilities. All utilities, such.as water service and septic waste lines shall be cut and capped as required for re-installation by the contractor to serve the new construction. All debris generated by this demolition work can be placed in a designated area of the Town Parking Lot for removal by the Town Highway Department. The work in this project also covers the construction of a new 12' x 20' one story restroom facility located NEW SUFFOLK BEACH, JACKSON STREET, New York, in full accordance with the contract documents. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of work. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide an,d pay for the following: A. All related building permits. END OF SECTION Restroom Facilities 1010-1 Section 1080 - AppUCABLE CODES 1.01 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if wdtten fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. National Fire Protection Association (NFPA) 3. New York Building Code The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION Restroom Facilities: 1080-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The,.Contractor shall provide a temporary potable water supply for all trades during the construction pedod. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance With local health ordinances. ' BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas dudng construction and shall be maintained and lighted in accordance with Uniform Statewide Building Cede and local requirements. END OF SECTION Restroom Facilities: 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions, C.In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or supedor in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All subst'~utions shall be approved in wr'~ing pdor to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Restroom Facilities: 1600-1 1,05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, cedification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Restroom Facilities: 1600-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part I - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation ~vork. Limits of.work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 DEMOLITION: A. The existing restroom building shall be demolished and removed by the contractor. All water service and waste lines from the existing facility shall be capped for re-use by the new construction. The contractor shall be responsible for all connections to the existing utilities that are to remain. DISPOSAL: A. All debris generated from the demolition of the existing facility shall be stockpiled in the Parking Lot in an approved location designated bythe Town. This matedal shall be removed by Town Highway Personnell at no cost to the Contractor. B. Buming of material on the site will not be permitted. C. Removal of construction' Debris: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours,' matedal to be removed shall not be allowed to accumulate for more than 48 hours. D. Dumping: 1. Construction & Demolition matedal generated by this project shall be dumped at the Southold Town Transfer Station at no cost to the Contractor. 3.03 END OF SECTION Restroom facilities: 2100-1 Section 2200 - EARTHWORK Part I GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material to be replace with controlled fill material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 ~JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Restroom Facilities: 2200-1 Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Pad 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal Of materials beyond indicated subgrade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's ~×pense. 3.02 COMPACTION:' A. General: Control soil compaction during construction providing minimum ' percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry den§ity for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the follOwing percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill matedal at 95% maximum dry'density. D. Building Slabs and Paved Areas: Compact top 12" of subgrade and each layer of backfill or fill matedal at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil matedal in layers to required subgrade elevations, for each area classification listed below. 1. Under Walks, use satisfactory excavated or borrow material. 2. Under Building Slabs, use satisfactory borrow material 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Restroom Facilities: 2200-2 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Par[ 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related work Specified Elsewhere: 1. Masonry Accessories 4150 2. Masonry 4200 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACI 318 "Building Code Requirements for Reinforced Concrete". Par[ 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and ~)ne side for tight fit. B. Form Coatings: 'Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. PorUand Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air-Entraining Admixture: ANSI/ASTM 260. Restroom facilities: 3000-1 2.03 REINFORCING MATERIALS: A. Welded Wire Fabric: ANSI/ASTM A 185, Welded Wire Steel. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures. are of correct size, shape, alignment, elevation and position. B. Design form-work to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slab to receive trowel finish. B. Trowel Finish: Apply trowel surface to all concrete slabs exposed to view. END OF SECTION Restroom Facilities: 3000-2 DIVISION FOUR - MASONRY All work in this division shall comply with all particulars of the General Conditions. SupPlementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide'all mortar for masonry w0ck. B. Related Work Specified Elsewhere: 1. Masonry Accessodes 4150 2. Masonry 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C 144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water Shall be dean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistence as can be necessary. Mortar Which has stiffened or in which the cementing material has started to set shall not be re-tempered or used. C. Anti-freeze compounds and admixtures will not be permitted in mortar. END OF SECTION Restroom Facilities: 4100-1 Section 4150 - MASONRY ACCESSORIES Part I - GENERAL 1.01 DESCRIPTION: A. Provide all Masonry Accessories. B. Related Work Specified Elsewhere: 1. Concrete 3000 2. Mortar - 4100 3. Masonry - 4200 1.02 QUALITY ASSURANCE: A. The following Manufacturers are acceptable: 1.. Dur-~~Wall ' ' 2. National Wire Products Corporation. Part 2 - PRODUCTS 2.01 MATERIALS: A. Anchor Bolts, inserts, Etc. shall be as required by the work and as indicated on the drawings. B. Wall reinforcing at masonry walls shall be "Dur-O-Wall" or equal truss type with 3/16" diameter side rods and # 9 cross rods. Coating shall be ASTM A153 Class B hot dipped galvanized 1.50 ounce Zinc Coating. Prefabricated comers and tee's shall be used at intersecting walls and comers. Reinforcing shall be 1" less than nominal wall thickness. Provide compressible joint fillers at all control joints. Other Accessories shall be as indicated on drawings or as required. Part 3 - EXECUTION 3,01 INSTALLATION: A. All masonry accesso_ries and.reinforcing.shall be installed as re~quired or indicated on the Drawings. Care shall be taken when installing work not to damage or disturb the integrity of the masonry construction. END OF SECTION Restroom Facilities: 4150-1 Section 4200 - MASONRY Pad I - GENERAL 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete 3000 2. Mortar 4100 3. Masonry Accessories 4150 Part 2 I PRODUCTS 2.01 CONCRETE MASONRY UNITS -"~MU": A. All sizes and shapes shall be as required o? !ndicated on the drawings.. · ' B. Hollow Load Bearing Units: ASTM C 90 C. All concrete units shall be fabricated with a light weight aggregate meeting ASTM C 331, and be cured by a single-stage high pressure steam autoclave at 365 degrees F at 150 PSI. Dry weight shall not exceed 84 # per Cubic Foot. 2.02 CLEANING AGENTS: A. Cleaning agent, when required, shall be "Sure Clean" or approved equal. Muriatic acid shall not be permitted. Part 3 - EXECUTION 3.01 PREPARATION: A. 'It is the responsibility of the Contractor to verify, coordinate and provide for all architectural, plumbing and mechanical work in and around the masonry construction. Additionally, the Contractor shall take all necessary precautions to protect the masonry work from damage dudng construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints and provide a concave struck joint on all exposed CMU, unless otherwise indicated on the drawings. B. Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and f~ing done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes· END OF SECTION Restroom Facilities: 4200-1 DIVISION FIVE - METALS All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL · ' - - ' 1.01 DESCRIPTION: A. Provide all miscellaneous me, tals including, but not limited to the following: 1. Grab bar brackets. 2. Other miscellaneous metals as indicated 0~ required, .. B. Related Work Specified Elsewhere: 1. Rough Carpentry 6100 2.' Finish Carpentry 6200 3. Toilet & Specialty Accessories - 10800 Part 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials'which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by gdnding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts & Bolts - ASTM A 325 C. Anchor Bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF-S-92 E. Galvanizing - Hot-dip galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint ~ Fed. Spec. TT-P-86a, Type I1. Part 3 3.01 - EXECUTION PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work in not definitely shown or specified, shall be included in this specification. Restroom Facilities: 5500-1 The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors,sockets,fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. 3.02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper comple{ion of the work. END OF SECTION Restroom Facilities: 5500-2 DIVISION SIX-WOOD & PLASTIC All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100 - ROUGH CARPENTRY Part I - GENERAL 1.01 DESCRIPTION: A. Provide all Structural, Non-structural, and miscellaneous wood framing, includiF~g, but not limited to the fo.l.lowing: .. 1. Wood Roof Rafters. 2. All miscellaneous framing, wood pla{es, blocking, back-up, etc. 3. Roof sheathing and building papers. ' 4. All fasteners, mails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals 5500 2. Toilet & Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the Amedcan Plywood Association (APA), showing type, grade, Class, identification index, and inspection agency mark. Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln-dried to 15 percent maximum moisture content and be finished four side (S4S). Restroom Facilities: 6100-1 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction.' Framing shall be CCA Pressure Treated Lumber. 3. Blocking, furring, grounds and nailers shall be grade #2, Southern Yellow Pine. No grade #3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Pressure Treated Lumber. Plywood: 1. Roof sheathing: Standard with exterior glue - W' thickness. Part 3 - EXECUTION 3.01 PREPARATION: The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. Provide blocking, furdng, backup, flrestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim that shall be constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing dudng damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION Restroom Facilities: 6100-2 Alternate # 1: Section 6200 - CEDAR SIDING Part 1 - GENERAL 1.01 DESCRIPTION: The contractor shall provide an alternate for siding the exterior of the block building with cedar shingles. All aspects of the siding shall be complete including corner boards along with door & window trim. Provide all Structural, Non-structural, and miscellaneous wood framing, including, but not limited to the following: 1. Wood furring strips & Nailers. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. All door & window trim as needed. 4. All fasteners, nails and masonry anchors. 1.02 QUALITY ASSURANCE: A. Shingles shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All furring strips and plywood nailers shall bear official grade marks. 1. Furring strips shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood nailers shall bear grade trademark of the American Plywood Association (APA), showing type, grade, Class, identification index, and inspection agency mark. Part2-PRODUCTS 2.01 MATERIALS: A. Furring Strips: 1. Sizes shall be 1 x 3 Pine and as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All nailers shall be kiln-dried to 15 percent maximum moisture content and be finished four sides (S4S). Restroom Facilities: 6200-1 Wood Trim: 1. All trim shall be 'Ix4 square edge clear pine. This shall include all corner boards, door trim and screened window openings. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive cedar siding are prepared with nailers laid out in proper dimensions. In addition, it is the responsibility of the Contractor to provide adequate masonry anchors for all work to receive siding. The contractor shall coordinate the work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Cedar shingle siding shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, backup, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim that shall be constructed as appropriate for intended use. 3.03 FINISHING: The contractor shall provide two coats of exterior stain on all cedar shingles and pine trim. Color as selected by the Town of Southold. END OF SECTION Restroom Facilities: 6200 -2 DIVISION SEVEN - THERMAL AND MOISTURE PROTECTION All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: " A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The roofing contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - NOT USED Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all amhitectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on the drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of amhitectural and mechanical materials shall be as required and indicated on the drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. Restroom Facilities: 7500-1 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION Restroom Facilities: 7500-2 DIVISION EIGHT - DOORS AND WINDOWS All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - DOORS Part I - GENERAL 1.01 DESCRIPTION: A. Provide metal, doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 2.' Finish' Hardware - 8700 1.02 STORAGE & HANDLING: A. It is the responsibility of the Contractor to adequately store and protect door materials from damage caused by inclement weather conditions and construction in progress. 1.03 QUALITY ASSURANCE: A. Manufacturer: Hollow metal work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rest-inhibiting metal primer. D. Frames: 1. Extedor frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. Restroom Facilities: 8100-1 Metal Doors: shall be 18 gauge flush type. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. Pad 3- EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: -1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Install all doore and related hardware in a workmanlike manner. All work shall be performed by experienced, skilled tradesmen and subject to final acceptance by the Amhitect. B. Clearance at head and jambs shall not exceed 1/8 inch, and clearance at sills shall not exceed 1/4 inch. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B Hang door plumb and level and adjust operable parts for correct function. · 3.04 PRIME COAT ToucH UP: A. Immediately after erection, "touch up areas", where prime coat has been damaged, shall be sanded smooth and touched up with same primer as applied at shop; All rest shall be removed before above specified touch up is applied. END OF SECTION Restroom Facilities: 8100 - 2 Section 8700 - FINISH HARDWARE Part I - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors. B. Related Work Specified Elsewhere: ~ 1. Metal Doors & Frames - 8100 1.02 QUALITY ASSURANCE: - A. Commercial grade hardware, manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives' 3. Sargent 6. Pemko Part 2 - PRODUCTS 2.01 MATERIALS: A. The finish hardware listed herein shall not be construed as a complete hardware schedule and.shall only be considered as an indication of the hardware requirements. It shall be the Contractors responsibility to provide all necessary or additional hardware as required to accommodate the construction as shown. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or required modification to suit or fit the designated location, the contractor shall promptly seek the correction of modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The contractor shall verify the suitability of stops scheduled herein.and where necessary shall provide fully concealed stays, back check devices on closer or roller stops, as approved by the Architect in lieu of stops scheduled. The contractor shall be fully responsible for checking all details such as clearances, bevels, rabbets, backsets, popper type strike plates, length of spindles hands of locks, etc., in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Restroom Facilities: 8700 - 1 2.02 KEYING: A. All locks shall be keyed and master keyed as directed by the Architect. B. Provide three (3) keys for each lock, three (3) keys for master. Part 3 - EXECUTION 3.0t INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operat!0n shall be replaced by the Contractor at no additional cost to the Owner. 3.02' HARDWARE SCHEDUEE: A. Manufacturers catalog numbers specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin 3. Dead Bolt - Russwin 4. Closers - Russwin 5. Miscellaneous - Ives HARDWARE SETS: Each Door to have: (Typical at three locations I - 1/2 Pair Butts I Each Exterior Hasp & Padlock 1 Each Closer 1 Each Stop 1 Each Passage Set 1 Each Intedor Dead Bolt (Key at exterior) END OF SECTION Restroom Facilities: 8700 - 2 DIVISION NINE - FINISHES All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a; Exposed ferrous and'galvanized metal b. Plywood soffits c. All T-111 plywood gable ends d. All wood fascia & trim e. Hollow Metal Frames & Doors f. Exposed Concrete Masonry Units 2. Interior: a. Exposed gypsum drywall ceilings b. Hollow Metal Frames & Doors c. Exposed ferrous and galvanized metal d. Exposed Concrete Masonry Units 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 3. Benjamin Moore 2. PPG (Pittsburgh Paints) 4. Minwax B. Work in this Section must be performed 'by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the pdmary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as otherwise specified, Paint products shall be those of one manufacturer, premixed, ready for application. Do not cut or thin in any way unless the nature of the product requires thinning !n order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. Restroom Facilities: 9900-1 2.02 2.03 EXTERIOR PAINTING: A. Ferrous Metal: I Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Speedenamel Omit primer coat when shop pdmed; spot pdme all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: I Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Speedenamel C. Wood Screen Framing, 3'-111 Plywood, Soffit & Trim I Coat - Glidden Spread Prime Coat 3651 2 Coats - Glidden Spread House Paint 3600 Series D. Concrete Masonry Unit Wall 'Surfaces: 1 Coat - Glidden Spread Prime Coat for exterior masonry. 2 Coats - Glidden Spread House Paint 3600 Series INTERIOR PAINTING: A. Gypsum Drywall Ceilings I Coat - Glidden Spread Primer/Sealer 2 Coats - Glidden Spread Satin Semi-Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 Coat - Glidden Rustmaster Metal Pdmer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Luster Semi-Gloss Enamel as selected by the Architect. Galvanized Metal: 1 Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Luster Semi-Gloss Enamel as selected by the Architect. Concrete Masonry Unit Wall Surfaces: 1 Coat - Glidden Ultra-Hide Acrylic Latex Block Filler 2 Coats - Glidden Spread Luster Semi-Gloss 2.04 OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint, the Architect shall determine the type paint necessary, with not less than two field coats required in any such instance. Restroom Facilities: 9900-2 Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this SectiOn will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the general contractor prior to commencement of the work and thereafter painting contractor shall be fully responsible for satisfactory work as required herein. B. The contractor shall thoroughly examine the construction documents and premises to determine the full extent of the work required. C. All surfaces shall be prepa, red to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall b~ brush applied. All drywall surfaces shall be relier applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive relier stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, factory finished work and similar items or provide ample in place protection. Upon completion of each space, carefully replace all removed items. C. The contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint spots from the floors and other surfaces and shall leave his part of the work in clean, orderly and acceptable condition. END OF SECTION Restroom Facilities: 9900-3 DIVISION TEN - SPECIALTIES All work in this division shall comply with all particulars of the General Condition,s. Supplementary General Conditions and the General Requirements of these Speci.fications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty a~cessories. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Rough Carpentry ~ 6100 3. Finish Carpentry - 6200 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1. Miami-Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all necessary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shop drawings in the locations indicated on the drawings or as directed by the Architect. Restroom Facilities: 10800-1 After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the owner. 3.02 SCHEDULE: A. Specialty Accessories specified herein for the purpose of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, Provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Access.o, ries Schedule 1. MEN'S TOILET: I Ea. Toilet paper holder 1 Ea. GrabBar I Ea. Soap Dispenser I Ea. Paper Towel Dispenser & Disposal Unit 2. WOMEN'S TOILET: I Ea. Toilet paper holder I Ea. Grab Bar 1 Ea. Feminine Napkin Disposal Unit 1 Ea. Soap Dispenser 1 Ea. Paper Towel Dispenser & Disposal Unit END OF SECTION Restroom Facilities: 10800-2 DIVISION FIFTEEN - MECHANICAL All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 15100 - PLUMBING Pad 1 - GENERAL 1.01 DESCRIPTION: A. The Contractor shall provi~le a complete working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and Basic Plumbing Code and all Local Ordinances at the Contractor's expense. B. The Water Closet, Lavatory, hardware and all related bathroom accessories shall be handicapped accessible and meet the minimum requirements listed in the ANSI Standards, Latest Edition. C. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information and all applicable codes, standards and good accepted engineering practices. D. The Contractor shall be responsible for all connections to the existing well. Coordinate all service installation requirements with the Town of Southold. 1.02 COORDINATION: A. The Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION Restroom Facilities: 15100-1 DIVISION SIXTEEN - ELECTRICAL All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 16000 - ELECTRICAL Part 1 - GENERAL 1.01 DESCRIPTION: A. The Town of Southold Will provide a complete, working electrical system to serve the construction as shown on the drawings. The contractor Shall coordinate the installation of the electrical sYStem with the Southold Town Electrician. B. The Contractor shall provide and install a New 100 amp electric service for this project. The service meter (C T Cabinet) shall be installed in the Utility Room Closet. The Contractor shall provide all necessary wiring, circuit breakers and conduit as required by code to service the well pump & electrical layout as shown on the plans and specified herein. C. All wiring, splices, conduit, and workmanship shall be in accordance with the National Electrical Code, the requirements of the National Board of Fire Underwriters, The New York State Building & Electric Code, the requirements of the Long Island Lighting Company. D. The contractor shall provide a 6x6 post at the gable end of the new building to support the wire and cable for the Electrical service between the utility pole and the service meter. 1.02 QUALITY ASSURANCE: A. The Contractor shall be responsible for coordinating all electrical work with the Town Electrician to provide a complete, working electrical system to serve the construction as shown on the drawings. The electrical system shall be installed in accordance with the New York State Electrical Code and all local ordinances. Part 2 - PRODUCTS 2.01 MATERIALS: A. All wiring, Splices, Conduit, Service Meter, Electric Panels, installation details and all related accessories shall conform to the standards of the Long Island Lighting Company "Red Book". Restroom Facilities: 16000-1 Part 3 - EXECUTION 3.01 INSTALLATION A, The Contractor shall familiarize himself with and verify the locations of all electrical requirements for the proposed facility. The contractor shall coordinate with the Town Electrician for the placement of all outlets, switches and devices as indicated on the plans and as directed by the Architect. The contractor shall allow for the installation of all rough-in electrical work prior to finishing any interior walls or ceilings. B, The electrical service will include final connections to all mechanical equipment. C, All work will be performed by experienced tradesmen licensed to practice in the State of New York. END OF SECTION Restroom Facilities: 16000-2 i SCTM #: 1000 117-08-20 ~..~Property Line FIRST STREET Property Linek"'-Utility' Pole I I ~ I : ~ ~ Exist~g Restroom [ ~ To be Removed. ~ . i[ , i2~ Faahty. TOWN OF SOUTHOLD ~ ell& SCTM fi: 1000-117-10-22 C _ _ ~- .~ _ Pump to ~emain. I X N ' ~ Existing Electric Meter ~: 57106307 ~ , ~-~) Existing Septic ,~-~ System to Remain. E~sting Split Rail Fence Proper~ Line SECOND STREET ~~ .............. Prope~ Line SITE PLAN Scale 1" ~ ~0.0' ~ S ~D r ~ ~°"N E W S U F F 0 L K JACKSON ST~T ~ ~W S~OL~ N,w%~k 11956 · . ~ SO~OLDTO~ ENG~E~G DEP~T~E~ ~GISTE~D M.~, ~o. ~.o. ~,~ ~.,_.~ ~[ ~ x ~, ~ I~ / ~ ~ ,, ~ I,' I ~,~,~x do~~ .~'~ _ ~.' / / ~' ~ ~-~ ;--~ ~.=~ , I ,~,, s'.+' 4 ' ~'.,' F m,o, M,O, ~ FLOOR PL~ sc~:~,,"-~'~" I ~.~ O~ / ~ / O~ , ~. EW SUFFOLK BEACH ~ 3ACKSON S~BT ~ ~W SUF~OL~ N~[ 11956  DWG.~: CROS8 ~CTION "A ~ A" ~CALE: 1/4"= I ',4 I Il I I ' I I1¢ ' PLUMBING RISER DIAG~ SCALE: NTS '1 JACKSON ST~ET ~ ~W SUFvOLK, N.~%.k 11956 As Shown DWG. ¢: SO--OLD TO~ PR'A~D e' J¢S A. ~CH~R ~ ENG~E~G DEP~T~ ~GIS~D ~C~ ,i~,. ~ ~ I ~ '..~.~ 1 ~ &SOFFITDETAIL ' ~°"N E W S U F F O t K B E A C H o~,~o~ JACKSON S~ET ~ ~W SUvFOL~ N.~k 119~6 As Shown ENG~E~G DEPART~ ~GIS~D ~CHI~ SOFFITDETAIL SCREEN DETAIL ............... SCALE: 1"= 1'-0" ]~-~, ~PIA(~EM~N~ & (~ONSTRU~ON 01~ ~ ~OOM ~AE~ ~'} ~9 / o~ ~'"N E ~SUFFOLK BEACH JACKSON ST~ET ~ ~W S~OL~ N~%~k 11956 As Shown 4 SO.HOLD TO~ ~oav: J~ES A. ~C~R ENG~E~G DEP~T~ ~GIS~D ARC~J'r~ I ~°"N E W S U F F 0 L K B E A C H As Shown ,TAC£SON S~EET ~ ~ S~O~, ~.~ 11956 ~G~E~G DEPART~ ~GIS~D ~C~TE~ INVITATION TO BID PROJECT: Located at DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: NEW SUFFOLK BEACH, JACKSON STREET, NEW SUFFOLK, NEW YORK 11956 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials & equipment as specified for the demolition of the existing restroom facility and the construction of a new restroom facility at NEW SUFFOLK in accordance with the Specifi.cations prepared by James A. Richter, R.A., Southold Town Engineering Depadment, Southold Town Ha11,'53095 Main Road, South01d, N.Y. 11971. Bids will be received at the office of the Southold Town Clerk,~Southold Town Hall, 53095 Main Road, Southold, New York 11971, until ' 2001 All Specifications are provided herein. (Drawings to be attached) A fee of twenty five ($25) dollars, cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Please advise if you intend to bid or not. Dated: ~JRN ~D, 2001 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth Neville Southold Town Clerk Restroom Facilities 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 stdct accordance with the plans and specifications, and subject at all 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 wdting with the full name and address of bidder. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by aguaranty in the form of a bid bond or certified check in the amount o~ 5% of the.total bid, payable to [he Town of Southold. As soon as the proposal prices have been compared, the Owner shall retum the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantifies will be held until the contract and contract bend 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, there 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). 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. Restroom Facility: B~I 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 interlineation, 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 propedy 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 coN:rRACT Any bidder whose proposal shall 'be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10)days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. The Contractor shall also guarantee that the project will be completed by June 1, 2004. Any conflict with this completion date shall be specified in the contractors bid. Restroom Facility: B-2 April 4, 2001 To Elizabeth Neville: Enclosed is a check for plans and specifications for Construction of the Restroom facility at New Suffolk Beach I will send a Courier to pickup the plans and specifications after you have received deposit. If you have any questions please feel free to call me at 1-800-328-4542 (X27698) or fax 1-800-258-2984. Thank you in advance, Bill Elam Dodge Reports ~'~'mola row~ ~lerk PLEASE FOLD THIS SHIPPING DOCUMENT IN HALF AND PLACE IT IN A WAYBILL POUCH AFFIXED TO YOUR SHIPMENT SO THAT THE BAR-CODE PORTION OF THE LABEL CAN BE READ AND SCANNED. ***WARNING: USE ONLY THE PRINTED ORIGINAL LABEL FOR SHIPPING. USING A PHOTOCOPY OF THIS LABEL FOR SHIPPING PURPOSES IS FRAUDULENT AND COULD RESULT IN ADDITIONAL BILLING CHARGES, ALONG WITH THE CANCELLATION OF YOUR FEDEX ACCOUNT NUMBER. FROM: Klm Ellis (214)688-5033 The McGraw Hill Companies SHIPPER'S FEDEX ACCOUNT NUMBER Dallas, TX 75247 Federal Express TO: Elizabeth Neville (631)765-1801 Town fo Southold 53095 Main Rd. SHiP DATE: 06APR01 MAN-WGT: 1 LBS Southold, NY 11971- REF: 250-2601-760-452-07 II IIII Illlll Illl I Illllllll Illl II c,o#2~2,~ STANDARD OVERNIGHT MON AM Deliver By: 0 9APR01 TRK # 7926 6408 7709 FORM 0201 JFK ,,,,,.,,,.,.,s NC WSHA 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 CONSTRUCTION OF NEW RESTROOM FACILITITES NEW SUFFOLK BEACH Bid opening 4/19/01 10:00 A.M. Three bids were received: Bid Amt. Alternate #1 Philip Ross Industries, Inc. 200 Long Island Ave. Wyandanch, NY 11798 $41,700.00 $3,000.00 Construction Consultants L.I. 125A West Broadway Pt. Jefferson, NY 11777 $47,000.00 $3,500.00 (All electrical work by others) Park Line Asphalt Maint. Inc. P. O. Box 215 Bohemia, NY 11716 $47,785.00 $3,895.00 Momhy t)afoe~ ~ )tom 8:,00 a,m, to 4;~ p.m, A f~e of $25.~ ~de payable to ~e Sou~old To~ Clerk w~ be requ~ed for a copy of the bid s~6fi~tions. No ref~ds w~ be ~de. ~e sealed bids, toge~er with a Non-CoBuaive Bid ~ifi~te and bank dr~ or ~rt~ed check in ~e ~ount of 5% of the bid, w~l be r~ived by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, un~ 10:~ a.m., ~u~ay, Ap~l 19, 2~1, at w~ch time ~ey w~ be o~n~d and read aloud in pubic. ~e Town Board of the Town of Southold re~es the right to reject any and ~ bids ~d bid should it be deemed m the best ~terest of ~e Town of Sou~old to AH bi~ must be si~ed and sealed m envelopes pla~ly ~rked "Bid on and sub~tted to the O~ce of the Town Oerk. ~e bid price shah not include any tax, federal, state or local, from which the Town of Sout~ld ~ exempt. ELI~BE~ A. NE~LE SO--OLD TO~ CLERK Dated: March ~, 2~1 STATE OF NEW YORK) )SS: C.~__~iNTY OF SUFFOLK) JCJ~' OW ~ of Mattituck, in said co~nt~, I~ei~g duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week for ~ weeks successiveJy, commencing on the '~(:~ .day of__ /t.~.(~C'¢_J~ __20 OJ.~ . Sworn to before me this_ dayof .~(~L("(. ~"~ _20 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the construction of a restroom facility at New Suffolk Beach. 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 thc Southold Town Clerk will be required for a copy of thc bid specifications. No refunds will be made The sealed bids, together with a Non-Collusive Bid Certificate and bank draft 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, April 19, 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 Restroom at New Suffolk Beach", 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: March 22, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 29, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney James McMahon Jamie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board