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HomeMy WebLinkAboutSalt/Sand Storage Facility ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR PREFABRICATED DOME SALT/SAND STORAGE BUILDING BID OPENING: 10:00 A.M., THURSDAY, OCTOBER 21, 1999 NO BIDS WERE RECEIVED 25.00 NON-REFUNDABLE FEE ALL OF THE LABOR, MATERIALS, AND EQUIPMENT FOR THE CONSTRUCTION OF A SALT/SAND STORAGE FACILITY Bid Opening: THURSDAY, OCTOBER 21, 1999 - 10.00 A.M. 10/13 1. Materialization Corp., 104 Edwards Ave., Calverton o-s (P)208-2900 (F)208-0222 10/15 2, Fed Ex Bulk Storage Inc., 28101 South Yates Ave., Beecher IL 60401 708-946-9595 (Fax:708-946-7898) 10118 3. Attn: Donald Fed Ex 516-744-0127 Carter Melence, 104 New York Ave., Sound Beach NY 11789 Fax: 744-0528 101194. Mid-Isle Contracting, 819 15th St., Ronkonkoma (P)981-2642/467-4421 (F)467-2087 Jack Guidi/George Guidi 7o 10/20/99 - Called all of the above and advised that any bids received tomorrow will be rejected and storage building will be rebid. This office will contact them with the new information when it becomes available. t TO CARTER-MELENCE, INC. CONTRACTORS 104 New York Avenue P.O. Box 907 SOUND BEACH, NY ]1789-0907 (516) 744-0127 FAX (516) 744-0528 Town of Southold 53095 Main Street Southold, NY 11971 10/18/99 / Town Clerk's Office RE¸ 1. Sand/Sal ' WE ARE SENDING YOU )~J Attached [] Under separate cover via [] Shop drawings [] Prints [] Plans [3 Samples [] Copy of letter [] Change order [] the following items: [] Specifications COPIES DATE NO. DESCRIPTION 1 check no. 10126 in the amount of $35. for bi_d_packaqes on above __ referenced projects. THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested [] For review and commeut E] FOR BIDS DUE REMARKS __ [] Approved as submitted [] Approved as noted [] Returned for corrections [] [] Resubmit copies for approval [] Submit copies for distribution [] Return __corrected prints [] PRINTS RETURNED AFTER LOAN TO US Thank you, COPY TO SIGNED: Donald J. O'Hanlon INVITATION TO BIDDERS: CONSTRUCTION OF A PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEWYORK 11958 SEPTEMBER 27, 1999 SOUTHOLD TOWN ENGINEERING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. INVITATION TO BID PROJECT: PREFABRICATED 50' DIAMETER "DOME TYPE" SALT SAND STORAGE BUILDING - $OUTHOLD TOWN HIGHWAY DEPT. PECONICLANE, PECONIC, NEWYORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Prefabricated Done Salt Sand Storage Building located at the Southold Town Highway Department on Peconic Lane, in accordance with the Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. on the, 21st day of, September 1999. All specifications are provided herein: drawings to be attached. A fee of t~Cel4~fs ($1~, cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an'offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: 9/28/99 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PREFABRICATED DOME SALT SAND STORAGE BUILDING A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONSAND 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)'L The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any .proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-2 TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him, Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, a-nd the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion NY.S. Affirmative Action Certification AIA Bid Bond Offer of Surety A- 1 through A- 1 B - 1 through B- 3 C- 1 through C- 1 D- I through D - 2 E- 1 through E- 1 F-lthrough F-1 AIA Document # A310 G- I through G- 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H- 1 through H- 2 AIA Document # A311 J - I through J - 1 K- I through K- 1 L - 1 through L - ???? M - 1 through M - 2 N - 1 through N -8 SPECIFICATIONS Building Specifications Page I through Page 7 DRAWINGS Framing Plan, Elevation & Details Foundation Plan, Sections & Details Sheet # 1 of 4 Sheet # 3 of 4 NOTE: To review a full set of full scale drawings for the 50' "Domar" storage building as Mfg. By Dome Corp. Of America, please contact James A, Richter,R.A. at the Southold Town Engineering Office between the hours of 8:00 AM & 3:00 PM. The office is located at Southo[d Town Hall, 53095 Main Road, Southoid, Ny, 11971 (516)765-1802 PREFABRICATED DOME SALT SAND STORAGE BUILDING C-1 PROPOSAL FORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or 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: Sept. 27, 1999, 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: PREFABRICATED "DOME TYPE" SALT SAND STORAGE FACILITY TOWN HIGHWAY, PECONIC LANE, PECONIC, NEWYORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-1 FURNISH AND CONSTRUCT A PREFABRICATED CIRCULAR "DOME TYPE" STRUCTURE FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED IN THE SPECIFICATIONS. THE TOWN OF SOUTHOLD SHALL FURNISH THE ASPHALT MAT FOUNDATION AND THE CONTRACTOR $HALL PROVIDE ALL LABOR & MATERIALS NECE$$ARY TO CONSTRUCT THE BUILDING IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. 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 T(~wn and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid~ each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a Prefabricated "Dome Type" Salt Sand Storage Building @ Southold Town Highway Department, Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-cl, as amended effective September 1, 1965 (Signature) PREFABRICATED DOME SALT SAND STORAGE BUILDING E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: it intends to use the following listed construction trades in the work under the contract: and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) PREFABRICATED DOME SALT SAND STORAGE BUILDING f-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we }Here insert full name and address or legal title of Sureiy} a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert lull name and address or legal lille ot Owner} as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of proiect} NOW, THEREFORE, il the Obligee shall accept the bid of the P¥incipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the b!dding 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 pvent of the lailure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A310 * BID BOND * AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, ~). C. 200(36 WARNING: Unlioen~ed photocopying violates U.S. copyrfght la~rs and Is subject to legal prosecution. 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 the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed:. Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. PREFABRICATED DOME SALT SAND STORAGE BUILDING G-1 T, H E ' A M T E C T S E R I C A N I N S T I T ti T E 0 F A R C H I AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITlt AN ATTORNEY IS ENCOUt?MGED WITtt RESPECT TO ITS MODII:IC~qTION 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 1 1. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document ha~s 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 Thc Anrerican Instilute of Architects, 1735 New York Avenue, N.W, Washington, D.C., 200(16. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. CAUTION: You should use an original AIA document which has Ihis caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. ~MEI~I' g~O1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 1987 THE AMERICAN INSTITUTE OF ARCtIITECTS, 1735 NEW YORK AVENUE, N,W, WASHINGTON, D C 2(~O{~) A201-1987 I INDEX Acceptance of Nonconforming Work 96 B, 993, 12.3 Acceptancctlf\Vork 966, 982,993,9 l01,910.3 Access to Work 3.16, 621, 121 ADMINISTRATION OF THE CONTRACT 333,4,94,9.5 AppliemflonsforPayment .. 4.25,7.37,92,9.3,94,9.5.1,9.6.3, 983,9101,9.103,910.4, 1113, 142.4 Approvals 24,333,35,3 t02,3.1241hrough3128,3183, 427,93.2, 11.3.1.4, 134.2, 13.5 Ae'oitr~tion 41.414.3.2, 43.4, 4.44, 4.8, 83 l, I01,2, 1139, 11.3.10 Architect 4.1 3121~,412, 4.21, 422,423,426,42.7, 4210,4212, 4213, 4.32, 521, 74, 9.4.2, 9.64, 9.6.6 Architect's Administration of the Contract 4.2, 4.3.6, 437,4.4,9.4,95 Archilect'sApprovals 24,3.51,3.10.2,3.12.6,312.8,318.3,4.2.7 Architect's Authority to Reject Work 3.5.1,42.6, 12.1.2, 12.21 Architect's Decisions 426, 42.7, 4.2.11,4.2.12, 4.2.13, 432, 4.3.6, 44.1, 4.44, 4.5, 6.3, 7.3.6, 738, 8.1.3, 8.3.1, 92, 94, 9.5.1, 982, 9.91, 10.1.2, 1352, 14.22, 14.2.4 Architect's Inspections 422, 4.2.9, 4.36, 94.2, 9.8.2, 99.2, 9.101, 135 Architect's Instructions. 4.2.6,4.2.7,4.2.8,43.7,7.4A, 12.1, 13.5.2 Arch fiect's interpretations ......... 42 I I, 4.2.12, 4.3.7 951,910.1, 13.5 Award of Subcontracts and Other Contracts for Porflon~ of the Work ........ 5.2 Basic Definitions ......... 1.1 Boiler and Machinery Insurance ..... 11.3.2 Building Permit 37 I Capitalization 1.4 Certificate of Substantial Colnplc0on 982 Certificates for Payment 425, 429, 933, 9.4, 95, 961, 966, 971, 983, 9101, 9103, 137, 14 I I '~, 1424 Ccrfiflcatcsofh~si3¢ction, 'IeslingolAl)pfoval 312 II, 135~ Certificates of Insurance 932, 9102, I I I 3 ChaogeOrders 1 I 1,241,3824,311,428,433,523, 1134, II 39, 12 ]2 Change Orders, Definition of 72 I Changes 7.1 CHANGESIN THE WORK 3 ]],428,7,83 ],9.3 ] 1,1/).13 Claim, Definition of 4.3.1 Claims and Disputes 4.3, 44, 45, 6.2.5, 83.2, -9.312,933,9104, 1014 Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost 4.3.fi, 4.3.7, 439, 6 I 1, 103 Claims for Additional Time 4.36,4.3.8,439,8.32 Claims for Concealed or Unknown Conditions 4.3.6 Claims for Damages 318, 43.9, fi I I, 625, 832, 5) 512, 101.4 Claims Subject to Arbitration 432, 44.4, 45 I Cleaning Up 3.15,6.3 Commencement of Statutory Umltation Period 13.7 Commencement of the Work, Conditions Relating to 21.2, 221, 321, 322,371, 3101,312.6, 437, 521, Commencement of the Work, Definition of 8.12 Communications Facilitating Contract Administration 3.91,424,521 Completion, Conditions Relating to .... 3.11,3.15,4.22,4.2.9. COMPLETION, PAYMENTS AND 9 Completion, Substantial 429,43.5.2.81.1,8.13, 8.2.3, 98, 991, 1222, 13.7 Concealed or Unknown Conditions 4.3.6 ConditionsoftheContract IA.l. 1.1.7.6.1 l Consent, Written ......... 13A, 3.12.8. 3.14.2, 4.12, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Construction Change Directive, Definition of 731 Construction Schedules. Contractor's 310.6.1.3 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.3.4 Contract, Definition of I 12 CONTRACT, TERMINATION OR SUSPENSlON OF THE 437,54.1 L 14 Contract Administration . 333, 4, 94, 95 Contract Award and Execution, Conditions Relating to 37. I, Contract Doeument~, The 1.1, 1.2, 7 Conlract Documents, Copies Furnished and Use of 13,225, 53 Contract Documents, Definition of 1.1 I Contract Performance During Arbitration 4.3.4, 4.53 Contract Sum 3.8,436,4.37,444,5.23, 2 A201-1987 AIA DOC~d~ENT A~Ot · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION CONTRACTOR 3 Contractor. Definition of 3.1,612 Contractor's Construction Schedules 3.10,613 AL~ ~MENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ "~)I987THEAMERICANINSTITLITEOFARCHITECTS, 1735NEWYORKAVENtJE, NW,WASHINGTON, DC 2(x)~'a A201-1987 3 9.3.1,9.3.1.2,933,942,965,910.4 MISCELLANEOUS PROVISIONS 13 Mutual Responsibility 6.2 43.6,942,9.5 ~, 9 IOA, 135 OWNER . 2 Owner, Information and Services Required of the Owner's Liability Insurance 11.2 Owner's Right to Clean 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, ,i ', ~ Owner's Right to Suspend thc Work 14 '~ Ownership and Use of Architect's Drawings, Specifications and Other Documents I I ~, 1.3, 225, 53 Partial Occupaocy or Use 966,9.9, Il Patching, Cutting and 3.14, 626 Patents, Royalties and 3.17 Payment, Applications for 42% 92, 9.3, 9.4. 95 I, 98 ;, 910 I, 9103, 9104, 14.24 Payment, Cerllflcates for 425, 429, 933, 9.4, 95, 96.1,9.66,9.71,98.3,9101,9103, 137, 14113, 1424 &lA [}O{~l~$q*4T ~01 "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ',' FOURTEENTH EDITION 4 A201.1987 AIAe "~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK ^VENUE, NW, WASHINGTON. I) C 2(I(F0(, Rules and Notices for Arbitration 4.5.2 Safety of persons and Property 10.2 Safety Precautions and Programs :~25,427,10.1 Samples, l)cfinition of 3 ] 23 Samples, Shop Drawings, Product Data and 5 I l, 3.12, 427 Samples at the Site, Documents and 3,11 Schedule of Values 9.2, ')3 I Schedules, Construction 5 Ill Shop Drawings, Product Data and Samples . 3 I Site, Use of 3.13,61.1,621 Site Inspections . 122,334,'122,429,436,982,9101,135 Specifications, Definition o f the 1.1.6 Specifications, The 1 ] 1,1.1.6, 1.17, 1.24, 1.3,3 ll Statutes of Limitations 45.42, 1226, 13.7 Slopping the Work 2.3,437,97,1012,103,141 SUBCONTRACTORS 5 423, 5.3, 54 Subcontrsctual Relations 5.3, 54, 9.312,962, 9.6.3,964, 10.21, 113.7, 1138, 14.1.1, 14.2.1.2, 14.32 Submittals 13,3.23,310,311,312,427,52.l,5.2.3, Subrogation, Waivers of 61.1, I 1.3.5, 11.3.7 Substantial Completion 429, 435.2, 8.1.1,8 I Substitution of the Architect 4.13 Subsurface Conditions 4.36 Successom and Assigns 13.2 Superintendent 3.9, 10.26 Supervision and Construction P rocedu rss L2.4, 3.3, 34, 4.2.3, 4.34, 6.1.3, 6.24, 7.13, 734, 8.2, 8.3.1, 10, 12, 14 Surety 4.4.1,44.4,54 I 2,9.10.2,9103,14.22 Suspension by the Owner for Convenience 14.3 Termination by the Contractor 14.1 Termination by the Owner forCause ~.] I 1,14.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and lnspections 333,424~,429,942,1221,13.5 TIME 13 Time, Delays and Extensions of q 58, 7.21,8.3 4.21,4.2.11, 43, 4.4, 4.5, 53, 54, 73.5, 7.3.9, 82, 92, 931, Time Limits on Claims 432,4.3.3,436,43.9,44,45 Title to Work 932,93~ UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.56, 8.31, 10 I Use of Documents I I I, 1.3,225,3.127,53 Use of Site 3.13,6.1.1,62.1 Values, Schedule of 9,2, 9.3 ] Waiver of Claims: Final Payment 4.3.5, 45.1,9 t03 Waiver of Claimsby the Owner 435, 451,993, Warranty and Warranties 3.5, 429, 4.353, 93.3, 982,991, I22.2, 137.1.3 Weather Delays 4.3.8.2 When Arbitration May Be Demanded 4.5.4 45.5, 93.2, 982, 99 I, 9102,9.103, 1012, 1013, Written Notice 2.3,24,3.9,312.8,3 i29,43,444, WrHten Orders 23, 3.9, 4.37, Al/, DOCUMENT/~.01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONS'I RLJCTION · FOURTEENTH EDITION GENERAL CONDITIONS OF THE CONTRACT }:OR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Owner and Contractor (hereinafter the Agreement), Conditions of the Cpm ract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of 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 invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements) 1.1.2 THE CONTRACT between the parties hereto and supersedes prior negotiations, tract may be amended or modified onIy Dy a Modification. The tuaI relationship of any kind (1) between the Architect and Con tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other thmq the Owner and Contractor The Architect shall, however, be entitled to performance and enforcement of obligations under Architect's duties required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided o~ to be provided by the Contractor to fulfill the Contractor's obligations. The Work 1.1.4 THE PROJECT The Project is thc 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 1.I.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- 1.1.7 THE PROJECT MANUAL Thc Project Manual is the volume usually assembled for thc Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 Tile Contract Documents shall be signed by thc Owner and Contractor as provided in the Agreement. If either thc Owner or Contractor or both do not sign all the Contracl 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 farnil- Jar with local conditions under which the Work is to be per- formed and correlated personal observations with require~ ments of the Contract Documents. 1.~}.$ The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor, The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu~ ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work anaong Subcontractors or in establishing the extent of Work to be performed by any trade 1.').$ Unless otherwise stated in the Contract Documents, words which have well known technical or construction indus- try meanings are used in the Contract Documents in accord ance with such recognized meanings, OWNERSHIP AND USE OF ARCHITECT'S ORAWlNGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain ail common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 &lA ~OCOMENT ~,.201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ · ~) 1987 THE AMERI(SAN [NSTITUTI~ OF ARCHITECTS, 1735 NEW YORK AVEN[JE, N W., WASHINGTON, D C 2(X306 this license shall bear the statutory copyright notice, if any, prepared by the Architect Submittal or distributk)n to mecl ncction with this Project is not to be construed as publication rights 1.4 CAPITALIZATION 1.4.1 Terms capitalized in drese General Condidoc~s include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara graphs and Clauses in the document or (3) the titles of other documents published by the American institute of Architects 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre quently omit modifying words such as "all" and "any" and arti des such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in thc Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in titIe, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such rea, gonable evidence u~,re fum~ished on request prior [o the execution oJ the Agreement, the prosl~ective contra, clot would not 2.2.2 The Owner shall furnish su~'eys describing physical of the Project, and a legal description of the site, 2.2.3 Except for permits and fees which are the responsibility shall secure and pay for nece,~,sary approvals, easements, assess- i I (Insurance and Bonds) 2.3 OWNER'S RIGHT TO STOP THE WORK as required by Paragraph 12.2 or_persistently fails to carry out by written order signed personally or by an agent specifically so of the Owner to exercise this right for the benefit of the Con- required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK Change Order shall be issued deducting from payments then or services and expenses made necessary by such default, neglect ARTICLE 3 3.1 CONTRACTOR DEFINITION 3,1,1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number The term "Contractor" means the ContractOr or the Contractor's authorized representative. Al^~ ~987THEAMER~CAN~NST~TUTE~FARCH~TECTS~735NE.`y~.Y~RKAVENUE~H.W~WAsHINGT~N~D.C2(~ A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.3.4 The Contractor shall be responsible for inspection of por allowances under Clause 3822 and (2) changes in 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11,1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to thc Archi 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12,1 Shop Drawings are drawic~gs, diagrams, schedules and by which the Work will he judged 3.12.4 Shop Drawings, Product Data, Samples and similar sub 3.12.7 By approving and submitting Shop Drawings, Product relieved of responsibility for errors or omissions in Shop Draw 3.12.10 Informational submittals upon which the Architect is 3.12.11 When professional certification of performance criteria Documents, the Architect shall be entitled to rely upon the 3.13 USE OF SITE 3.14.2 The Contractor shall not damage or endanger a portion AIA DOCUMENT ~01 · GENERAL CONDITIONS OF TIlE CONTRACT FOR CONSTRtJCTION · FOURTEENTH EDITION AI^~ · i~ 1987 THE AMERICAN INST[T[ITE OF ^RCHITECTS, 1735 NEW YORK AVENUE, N W, WASHIN(iTON, DC A201-1987 9 not bc unreasonably withheld The Contractor shall not unrea 3.15 CLEANING UP 3.15.1 The Contractor shall keep thc premises and surround caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Projec{ 3,15.2 If the Contractor fails to clean up :cs provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located 3.17 ROYALTIES AND PATENTS 3,17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea son to believe that the required design, process or product is an infringement of a patent, tbe Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acLs they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3 18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- artsmg ()ut t)f ( 1 ) thc preparation or appr()val of maps, drawings, opimons, reports, surveys, Change Orders, designs or specifica ttons, or (2) tile giving of or the failure to give directions or agents and employees of any of them provided such giving or 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 representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract DoCuments shall be that of the former architect 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 Thc Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA IX)CUMENT A201 · GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 200(X* 4.2.4 Communications Facilitating Contract Administra- tion. Except a.s'othcrwise provided in tlw Contract Documents cate tbrough the Architect Communicatk)ns by and with thc Architect's consuhm~ts shall be through the &rchitect. Commu nications by and with Subcontractors and material suppliers shall be tl~rough the Contractor. Communications by and with separate contractors shall be through the Owner 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates lor Payment in such amoums. 4.2.6 The Architect will have authority to reject Work which Arcbitect considers it necessary or advisable for implementa have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13,5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- suppliers, their agents or employees, or other persons perform lng portions of the Work 4.2.'/The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu able promptness as to cause no delay in the Work or in the while allowing sufficient time in the Architect's professional judgment to permit adequate review, Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract tats shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not SlXtcifically 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 ConsmJo 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 documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon 4.2.10 If the Owner and Architect agree, the Architect will pro out Iht Architect's responsibilities :it thc site The duties, responsibilities and limitations o{ authority of such project 4.2.11 The Architect will interpret and decide matters concern ing performance under and requirements of the Comract tot The Architect's response to such requests will be made with rea.sonable prompmcss and within any time limits agreed which interpretations required of thc Architect shall be fur- nishcd in compliance with this Paragraph 42, then delay shall nish such interpretations until 15 days after written request is made for them 4.2.12 Interpretations and decisions of the Architect will bc consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not De 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 [elat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been corn pleted. The decision by the Architect in response to a Claim shall not De a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claira has been referred to the Architect or (5) the Claim relates to a mechanic's lien 4.a.a TIm~ UmRs on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to sucb Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA OOCOMEI~IT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIAe · ~) 1987 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C A201-1987 11 4.3.4 Continuing Contract Performance. Pending iinal rcso lution of a Claim including arbitration, unless otherwise agreed tn writing tile Contractor shall proceed diligently with pcrfo: 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitulc a waiver of Claims Dy the Owner except those arising from: .2 failure of the Work to comply with the requirements of thc Contract Documents; or .3 terms of special warranties required by the Contract 4.3.6 Claims for Concealed or Unknown Conditions. If con ditions are encountered at the site which arc (1) subsurface or otherwise concealed physical conditions which differ materi ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which di~ fer materially from those ordinarily found to exist and generally by the obserging 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. Thc Archi- tect will promptly investigate such conditions and, if they differ cost of, or time required for, performance of any part of thc the conditions at the site are not materially different from those terms of the Contract is justified, the Architect shall so notify Claims by either party in opposition to such determination must be made within 21 days after the Architect has given the adjustment shall be referred to the Architect for initial deter mination, subject to further proceedings pursuant to Paragraph 4,4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to 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 thc Contract by thc Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall bc 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.ti.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 4.3.9 Injuq/or Damage to Pemon or Property. If either party he fi[ed as provided in Subparagraphs 437 or 43.8 the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the clain}ant, (2) submit a schedule to the parties indicating when the Archi [eot expects to take action, (3) reje~St the Claim in whole or in the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if 4.4.2 If a Claim has been resolved, thc Architect will prepare or 4.4.3 If a Claim has not been resolved, the party making the additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the 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 written decision relative to ibe Claim, including any change in and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and 4.5 ARBITRATION 4.5.1 Contmveraie$ and Claims Subject to Arbitration. Any provided for in Subparagraph 43.5. Such controversies or a decision as provided in Subparagraph 4.4.4 shall be subject to may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 4.5.2 Rules and Notices for Arbitration. Claims 4.5.3 Contract Performance Dudng Arbitration. l)urmg arhi with Subparagraph 4 34. 4.5.4 When Arbitration May Be Demanded. Demand fnr arbi- written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.$.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration a;ld (2) a demand made within 30 days after the date on which the party making 4.5.4.2 A demand for arbitration shall be made within the tbne limits specified in Subparagraphs 4,5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Jolnder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written conSent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined, No arbitration shall include, by consolidation or joinder or in any other manner. parties other than the Owner, Contractor, a separate contrac- tor a.s described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete reIief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor a.s described in Article 6 shall be included as an orig inal third party or additi()nal third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A pan~ who 4.5.7 Judgment on Final Award. Thc award rendered by thc arbitrator or arbitralors shall be final, and iudgmcnt may bc baying jurisdiction thereof ARTICLE 5 5,1 SUBCONTRACTORS DEFINITIONS 5,1.1 A Subcontractor is a person or entity who ha~s a direct contract with the Contractor to perfi)rm a portion of the Work at the site. Thc term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor, 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub subcontractor, 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5,2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner nr Architect to reply promptly shall constitute notice of no reason- able objection, 5.2.2 The Contractor shall not contract with a proposed per son or entity to whom the Owner or Architect has made rea sonable and timely objection The Contractor shall not be required to coptract with anyone to whom the Contractor has made reasonable objection, 5.~.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 obiection. The Contract Sum shall be increased or decreased by the difference in cost occaskmed by such change and an appropriate Change Order shall be issued. However, no increase in the Conttacl Sum shall be allowed for such change unless the Comractor has acted promptly and responsivdy 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 rc~asonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required h)r vMidity, the Contractor shall require each Subcontractor, to thc extent of thc Work to be performed by the Suhcontracn~r, and responsibilities which the Contractor, by these Docu tract agreement shall preserve and protect the rights of thc that subcontracting thereof will not prejudice such rights, and sha]] alk?,v to the Subcuntractnr, unless specifically provided otherwise in the subcontract agreement, the benefit of all Owner Where appropriate, the Contractor shall require eacl~ Subcontractor to enter into similar agreements with Sub sub- contractors. The Contractor shall make available to each pro Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been guspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONT .RACTORS 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 thc 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 thc 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 pot 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 Thc Owner shall provide [or coordinatk)n of thc activi ules when directed to do so The Contractor shall make any The construction schedules shall then constitute the schedules to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contracn)r under the Condi- tions of thc Contract, including, wilbout excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents 6.2.2 If part of the Contractor's Work depends for proper execution or rekults upon construction or operations by thc Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.25 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 ha~s reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the sanae responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3~ 15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF ThE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~) 1987 THE AM£RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W. WASHINGTON, DC 2(XKK) ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.2 A Change Order shall bc based upon agreement among 7.1.3 Changes in the Work shall be performed under appli- minor change in the Work equitably adjusted 7.2 CHANGE ORDERS .1 a change in the Work; any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 73.3 7.3 CONSTRUCTION CHANGE DIRECTIVES tract Time being adjusted accordingly. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con firmed by the Architect. When both additions and credits covering related Work or substitutions are inw)lved in a change, thc allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. T.$.8 If the Owner and Comracn)r do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall De referred to the Architect ?.$.~ When the Owner and Contractor agree with the deter- ruination made by the Architect concerning the adjustments in ment ui×m the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order A201-1987 15 ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is thc period of time, including authorized adjustments, alloncd in the Con tract Documents for Substantial Complefion of the Work 8.1.2 The date of commencement of thc 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 R)r whom the Comractor is responsible. 8.1.3 The date of Substantial Cornplefion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Docmnems shall mean calendar day unless otherwise specifically defined 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in tl~e Contract Documents arc of the essence of the Contract. By executing the Agreemem the Con- tractor confirms that the Contract Time is a reasonable period for performing thc Work 8.2.2 The Contractor shall not knowingly, except by agree ment or instrucfion of the Owner in writing, prematurely corn mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If thc Contractor is delayed at any time in progress of thc Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor empk)yed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties the Contract Time shall be extended by Change Order for such 8.3.2 Claims relating to time shall be made in accordance with applicable pr()visions of Paragraph 4.3. 8.8.3 This Paragraph 8.3 does no[ preclude recovery of dam- ages for delay by either party under other proviskms of the ARTICLE 9 PAYMENTS AND COMPLETION 9,1 CONTRACT SUM 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each 9.3.1.1 Such applicatk)ns may include requests for payment on included i:~ Change Orders. 16 A201-1987 means, methods, techniques, sequences or procedures, (3) 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 thc Owner, if in thc Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .9 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of thc Contractor to make payments prop crly to Subcontractors or ff)r labor, materials or equipment; .4 reasonable evidence that thc Work cannot be corn pitted lbr the unpaid balance of the Contract Sum; .~ damage to thc Owner or another contractor; .6 rea.sortable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate lo cover actual or liquidated damages for the anticipated deDy; or .7 persistent failure to carry out the Work in accordance with the Contract Documents similar to Ihat provided in Subparagraphs 9.6.2, 9.63 and 96.4 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, tiffed by the Architect or awarded by arbitration, then the Con- Owner and Architect, stop the Work until payment of thc amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be ,shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the ~JA OO~UMENT A201 · GENERAL CONDITIONS OF TIlE CONTRACT FOR CONSTRUCTION ® FOURTEENTh EDITION Completion When thc Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion wbich shall establish thc date of Sub stamiai Completion, shall establish responsibilities of thc damage to tbe Work and insurance, and shall fix the time within which the Contractor shall finish ail items on the list accompanying the Certificate Warranties required by the Con Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple tion The Certificate of Substantial Completion shall be sub- 9.8.S Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por tion thereof as provided in the Contract Documents, 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par dally completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- ance, and have agreed in writing concerning the period for cur 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 shaiI not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- reached, by decLsion of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of thc Work to be used in order to determine and record the condition of the Work 9.9.3 Unless otherwise agreed upon, partial occupancy or usc- of a portion or portions of the Work shall not consfitute accep tance of Work not complying with the requiremenLs of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make [or and noted in said final Certificate is due and payable. The Architect's final Certificate fi~r Payment will constitute a further representation that condifions listed in Subparagraph 9 10.2 as have hccn fulfilled 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to tbc Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial rea. son 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 against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including ail costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con tract Docqments, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por fion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AIA DO~.IMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 2(X)06 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY lO.1 SAFETY PRECAUTIONS AND PROGRAMS biphcnyl (PCB) v. fuch has not been rendered harmless, thc tact thc material is asbestos or polychlorinatcd biphcnyl (PCB) and has not been rendered harlnless Thc Work in the affected area shall bc resumed in the absence of asbestos or polycfuori hated bipbenyl (PCB), or when it has been rendered harmless, accordance witb final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4 10,1.3 ']'he Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlormated biphenyl (PCB) 10.1.4. To the fullest extent permitted by law, the Owner shall indemnify and hold barmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of daem from and against claims, damages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work in tbe affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself} including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemfufied hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4.- 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for he aflk'cted thereby; .3 other property at the site or adjacent thereto, such as 10.2.5 The Contractor shall promptly remedy dmnage and loss (other than damage or loss insured under property insurance Clauses 10212 and 10.2.1.3 caused in whole or in part by the directly or indirectly employed b~; any of them, or by anyone is responsible under Clauses 102.1.2 and 102.1.3, except 10.2.}' The Contractor shall not load or permit any part of the 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, of an emergency shall be determined as provided in Paragraph 43 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S UABIUTY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business m thc jurisdiction in which the Project is located such insurance :is will protect thc Contractor from claims SCl forth below which may arise ()ut of or result from tile 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 Subcomractor or by anyone directly or indirectly employed by vary of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensatkm, disability benefit and other similar empk)yee benefit acts which are applicable to the Work to be performed; AIA DOCIJMENT/&0! · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ "~) 191'17 TIrE AMERICAN INSTITI.JTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D C. 20006 ~01 '1 ~8~ 1 ~ .6 claims for damages because of bodily injury, death of 318 11.2.1 The Owner shall be responsible for purch,~sing and 11.3.1,2 If IBc (),,,,'ncr does not intend to purchase such prop- 11.3.1.3 If the property insurance requires minimum deducti 11.3.1.4 Unless otherwise provided in the Contract LX>cu value established in the approval, and also portions of the Work 11.3.2 Boiler and Machinery Insurance. The Owner shall shall he named insurcds. ards be included in the property insurance policy, the Owner Order AhR [~MENT A~01 * GENERAL CONDrYIONS OF TI-rE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 20 ~01-1987 AIA* · ~ it~7 THE AMERICAN INSTITUTE OF ARCIHTECTS, 1735 NEW YORK AVENUE, NW. WASHINGTON, D C 2(XX~ 11.3.6 Boil)re an exposure to loss may occur, the Owner shall file with thc Conlractor a copy of each policy tha[ includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini tions, exclusions and endorsements related to this Project. Each policy shall cut, rain a proviskm that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ ten notice ha~s been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (l) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac tots, sub subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectIy, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of ang applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their lust shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shalI require Subcontractors to make payments to their Sub subcontractors in similar 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropr!ate Change Order. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to thc' Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing By thc 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 Arcbitect has not specifically requested to observe prior to ~ts 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 thc Owner or a separate 12.2 CORRECTION OF WORK 12.2.1 Thc Contractor shall promptly correct Work reiectcd Substantial Completion and whether or not fabricated, installed such reiected Work, including additional testing and inspec 12.2.2 If, within one year after the date of Substantial Compl¢ tion of the Work or designated portinn thereof, or after the date ArA DO~I/~NT Aa01 · GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRtJ(iTION · FOURTEENTH EI)ITION paragraph 99.1, or Dy terms of an applicable special warranty required by thc Contract Documems, any of the Work is found I)ocumems, the Contractor shall correct it promptly after tahoe of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substmltial Completion by the period of time between Substan rial Complefion and the actual performance of the Work. This obligation under this Suhparagraph 12,22 shall survive accep Contract The Owner shall give such notice prDmptly after dis covery of the condition 12.2.3 Thc Contractor shall remove from the site portions of the Work which arc not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner 12.2.4 If the Contractor falls to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale dc) not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due thc Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to estabIish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to :he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to estabIish thc Contractor's liability with respect to the Con tractor's obligations other than specifically to correct the Work 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 if the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be d~emed 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 [mst business address known to the party giving notice 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law, 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act consfitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect time[y notice of when and where tests and inspec tions are to be made so the Architect may observe such proce durcs. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids afc received or negotiations concluded 13.S.~ 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 135. I, 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 arc to be made so the Architect may observe such procedures. AIA OOCOMENI' A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 22 A201-1987 AIA~ · © 1987 THE AMERICAN INSTITtJTE OF ARCHITECTS, 173'5 NEW YORK AVENLIE, N W. WASHINGTON, DC 2CKI(X~ cinder Subparagraphs 1551 and 1552 reveal failure of thc 13.5.4 Required certificates of testing, inspectkm or approval shY/, unless otherwise required by the Contract Documents, hc 13,5.5 If the Arcbitect is to observe tests, inspecttons or approvals required by the Contracl Documents, tile Architect will do so promptly and, where practicable, at tbe normal place of testing 13.5.6 Tests or inspections conducted pursuant [o the Con tract Documents shall be made promptly to avoid unreasonable delay in the Work 13,6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu merits sball bear interest from the date payment is due at such rate as the parties may agree upon in writing hr, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan rial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi cate for Payment, anp applicable statute of limitations shall commence to run and any alleged cause of acdon 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 ot failures to act occurring after thc relevant date of issu ante of the final Certificate for Payment, any appli any warranty provided under Paragraph 35, the date Work by the Contractor under Paragraph 122, or the to perform any duty or obligation hy the Contractor ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR any 365-day period, whichever is less; or A201-1987 23 graph 54; and .3 finish the Work by whatever rc:~sonable method thc finished of finishing the Work, including compensation for the Archi thc c:tsc may he, shall bc certified by tilt' Architect, upon appli 14.3 SUSPENSION BY THE OWNER writing to suspend, delay or interrupt thc Work in whole or in part for such period of time as H~e Owner may detern~in¢ 14.3.2 An adiustment shall be madc for increases in the cost of performance of thc Contract, including profit on thc increased pendcd, delayed or interrupted by another cause k~r which the Contractor is responsible; or .~' that an equitable adiustment is made or denied under 14.3.~ Adjustments made in the cost of performance may have a mutually agreed fixed or percent:/ge fee. 24 A201-1987 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 20%1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. PREFABRICATED DOME SALT SAND STORAGE BUILDING H-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned per!od. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION PREFABRICATED DOME SALT SAND STORAGE BUILDING H-2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment wheceof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. WARNING: Unlicensed photocopying violates U.S. copyflght laws and I$ subject lo legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WiTH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND ~AITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Principal, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of 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 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA D'OCUMENT A311 · PERFORMANCE ROND AND LABOR AND MATERIAL PAYMENT ROND · AIA ~ FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE.. NW.,WASHINGTON. O. C. 20006 3 PERFORMANCE BOND HOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Cofltraclor shall promptly and fadhfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and lhe Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract~ of completion arranged under this parag,'aph) sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding, including olher cosls and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as LJsed in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor Any SUit under this bond must be instituted before the expiration of two (2) years from the date on which fina~ payment under the Contract falls due. NO right of action shall accrue on this bond to or for the use of any person or corporaHon other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this day of 19 AIA DO~=UMIENT A.151 .. P[RI'ORMANCE BONO AND I. ABOR AND MATERIAl. PAYMENT BONO · ArA ~ TEBRUARY 1q70 Et). · THE AMERICAN INSTITUTE OF ARCHITECTR, T?3S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 WARNING: Unliceftse~ photocopying Molate~ U,S. copyrfght laws and is subject lo legal peD~ec~tlon. 2 LABOR AND MATERIAL PAYMENT BOND NOW. THfR[F()RE, THE CONDITION OF TH~S OBliGATION is su(b Ihat, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for u(e in the performance of the Contract, then this obligation shall be void; olherwise d shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use m the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial ac(uracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad~ dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served m any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the mimmum period of )imitation permitted by such law. c) Other than ;n a state court of competent jurisdiction m and for the county or other political subdivision of the state in which the Proiect, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4 The amount of Ihis bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 (Wilness) 4 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, as Principal and the business for the State of New York at as Surety, are held and firmly bound unto the (hereinafter called the Obligee), as Obligee in the sum of ($ ). DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents Signed, sealed and dated this day of ., 19 WHEREAS, the Principal heretofore entered into a written contract with the Obligee for (hereinafter called the Principal) Corporation with an office and place of , New York, (hereinafter called the Surety), WHEREAS, said Contract provides that the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said contract with the period of __ years from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect. Principal BY: BY: STATE OF .) SS: COUNTY OF ) On this day of the within named to me to be in and who executed the within bond, and same. 19 before me personally appeared to me known, and known the individual described acknowledged to me that he executed the NOTARY PUBLIC PREFABRICATED DOME SALT SAND STORAGE BUILDING J-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 __ Attest: Principal: PREFABRICATED DOME SALT SAND STORAGE BUILDING K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING at SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEWYORK 11958 PREFABRICATED DOME SALT SAND STORAGE BUILDING L-1 TOWN OF SOUTHQLD dAMES RICHTER TOWN OF SOUTHOLD 53095 MAIN R0AD PO BOX 1179 SOUTHOLD NY 11971 PRE 9907647 SUFFOLK COUNTY 01 NQTICE TO CONTRACTING AGENCIES: Signature Title Albany (518) 457-2744 Binghamton (607) 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-48?8 New York City (212) 352 6088 Syracuse (315) 428-4056 Rochester {716) 258 4505 Utica (315) 793-2314 White Plains (914) 997 9507 PW*200 (6-98) CONTRACT R£QUIREMENTS (See Sections 220.2, 220.5) 3. It shall be the duty of the department of jurisdiction to by each classification. (See Section 220.3-a) laboners. (See Section 220.3-a) (a) relates. (See Section 220-e(a)) (b) disability, sex or national origm. (See Section 220-e(b)) (c) 7. (a) (b) 220-e(d)) 220-e(d)) Section 220-a) PW 3 (4-95). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROdECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on pub] ic work projects. WAGES AND SUPPLEMENTS: The wages and supplements to De paid and provided for 1. Name 2. Address and phone number 3. Social Security Number, 4. Occupational classification in which worked, 5. Hourly wage rate psid 6. Supplements provided 7. Daily and weekly number of hours worked in each affirmed as true under penalty of perjury, as provided by Article 8. Section WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of DISCRIMINATION: No employee or applicant for employmeQt may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must oonspicMously post at its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES; Every employer providing worker's compensation insurance and dis&bility benefits must post in a conspicuous place notices ef PW 19 (7-99) docm: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (-) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. PW-202 (4-95) docm: letterd PW-203 (7-99) docm: letten2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 TOWN OF SOUTHOLD Schedule Type COMPLETE 1999A Date 09/28/99 JAMES RICHTER TOWN OF SOUTHOLD 53095 MAIN ROAD PO BOX 1179 SOUTHOLD NY SUFFOLK COUNTY AGY, OF JURIS, : TOWN NAT. OF PROJECT: NEW BUILDING 11971 Prevailing Rate Case No. 9907647 O1 PROJECT ID #: NONE SALT STORAGE SLDG. PECONIC LANE SUFFOLK COUNTY Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder fur 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.) I-]Letter of Intent [-IContract Signed []Resolution. Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE B(01) General Construction i-1(02) Heating/Ventilation [-1(03) Electrical (04) Plumbing f 1(05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federat Employer Identification Number.' Name: Address: City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: /' / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [~(01) General Construction r-l(02) Heating/Ventilation (04) Plumbing L J(05) Other Signature [] (03) Electrical Date Case 9907647 SUFFQLK INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION PAID HOLIDAYS OVERTIME SUPPLEMENTAL BENEFITS EFFECTIVE DATES WORKERS COMPENSATION Page 2 Prevailing Rate Scheaule · New Yonk State Department of Labor ............................... Case Number 9907647 SUFFQLK 1~99A - Albany Binghamton Buffalo Hempstead Telephone# B18-457-2744 607-721-8005 716-847-7159 516-485-4878 716-258-4505 315-428-4056 315~793-2314 914-997-9507 212-352-6088 518-457-B589 FAX # 518-485-1870 607-721-8004 716-847-7650 516-485-0322 716-258-4708 315-428-4671 315-793-2342 914-997-9523 212-952-6186 518-485-1870 (7/06/99) OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of B ) Time and one half of the hourly rate after 8 hours per day. E ) Time and one half of the hourly Kate on Saturday. 990?647 SUFFOLK 1999A Time and one half Time and one half Time and one half Time and one half Time and one hale Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly HOLIDAYS PAID OVERTIME Following is an explanation of the code(s) listed ~n the HOLIDAY section of 2 3 4 5 6 ? ( ( 9 ( lO ( 12 Memorial Day and Labor Day. Memorlal Day and duly 4th. Good Friday. Lincoln's Birthday, Washington's Birthday. Page 4 Prevailing Rate Schedule · New York State Department of Labor ............................... Case Number 9907647 SUFFOLK 1999A 2O 22 23 24 25 26 ASBESTOS WORKER WAGES(per hour) 7/01/1999 Asbestos Worker ....... $ 31.61 OVERTIME: See ( c. O. T*, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11. 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIOAY PAGE. APPRENTICES: ( I ) year terms at the fo]lowing percentage of dourneyman's rates. 4o% 50% 70% 8o% wages of WAGES Rem./Abatement only* .... $ 22.00 *On mechanicia] systems that are not to be scrapped. OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 work days per week. Rem & Abatement $ 4.00 9-12 BOILERMAKER 9907647 %UFFOLK 1999A WAGE,(per hour) Boilermaker ( V-hour day .... $ 33 00 Boilermaker ( 8 hour day ..... 34.95 OVERTIME PAY: See ( C, 0 on OVERTIME PAGE for ?-hour day. See ( D, 0 ) on OVERTIME PAGE For B-hour day. HOLIDAYS: PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. QVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. 6O% 65% 7O% 75% 8O% 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.96 plus 47% 4-5 CARPENTER WAGES(per hour) 7/01/1999 Building: Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: PAID: OVERTIME: APPRENTICES: 55% 65% See 18, 19 ) on HOLIDAY PAGE. See 5. 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices See 5, 6, tl. 13, 16, 18. 19. 25 ) on HOLIDAY PAGE. ( 1 year terms at the following percentage of dourneyman's wage. 3rd, 4th. 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 23.89 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 21.53 9 ?40 CARPENTER Page 6 Prevailing Rate Schedule · New York State Department of Labor ............................. Case Number ................................ 9907647 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Carpet/Resilient Floor Coverer ......... $ 30.30 OVERTIME PAY: See ( B, E. O ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6. 11, 13, 16, i8, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(peP hour worked) - See Below. 9-2287 CARPENTER WAGES(per hOUr) Piledriver ........... $ Oockbuilder .......... 7/0i/1999 31.55 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5. 6. 11. 13. 16. 18, 19, 25 ) for tst & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of dourneyman's wage. Ist. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) ~ See Below. 9-1456 CARPENTER WAGES(per hour) 7/01/1999 Marine Diver .......... $ 38.79 Tender .... 28.6? OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( 18, 19 on HOLIDAY PAGE. .................. Case Number OVERTIME: See ( S, 6, 10, 11, 13. 16, 18. 19 ) oR HOLIDAY PAGE SUPPLEMENTAL BENEFITS:(per hour paid) See Below. 9 1456/D CARPENTER WAGES(per hour) Timberman ......... $ 7/01/1999 28.35 OVERTIME: See ( B, E, E2, Q ) on QVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, il, 13, 16, 18. 19, 25 ) for 1st & 2md yr. Apprentices DVERTIME: See 5, 6, 11, 13, 16, lB, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 year terms at the following percentage of dourneyman's wage. 1st. 2nd, 3rd. 4th. 40% 5¢1. 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: Carpenter ............. $ 29. 13 Heavy/Highway: Carpenter ............... $ 29,13 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: Page 8 Prevailing Rate Schedule · New York State Department of Labor ................................ Case Number .............. .............. 9907647 SUFFOLK 1999A PAZO: See ( 1 OVERTIME: See APPRENTICES : on HOLIDAY PAGE. 5, 6, 10, 16 ) on HOLIDAY PAGE. 1 ) year terms at the following wages. Heavy/Highway Building $ 11.65 $ 11.65 16.02 16.02 18.93 18.93 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 20.59 Appr 1st & 2nd terms 14.31 Appr 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/1999 28.575 50% 60% 65% 70% 75% 75% 75% 75% 75% 75% OVERTIME PAY:CONSTR. See ( C. 0 ) on OVERTIME PAGE. OVERTIME PAY:MODERN./SERV. See ( 8, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME; See ( 5, 6, T, 11. t6 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman/Apprentice: Construction $ t0.855 Modern./Service 10.705 9-1 GLAZIER WAGES(per hour) Glazier .............. $ 7/01/1999 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS; PAID: See ( I ) on HOLIDAY PAGE. ................. Case Number .......... 35% 45% 60% 80% 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician ............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 35.25 Audio/Sound ............ 34.25 35,25 OVERTIME PAY: See ( B. O, V** ) on Overtime Page. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; ?/01/1999 4/29/2000 SWING SHIFT 4:30 P.M.to 12:30 A.M ..... $ 40,19 $ 41.36 GRAVEYARD SHIFT t2:30 A.M.to 8:A,M ........ 45.01 46.33 HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 3o% 35% 4o% on HOLIDAY PAGE, 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the Following percentage of dourneyman's 4th 5th 6th 50% 60% ?0% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 7/01/1999 4/29/2000 dourneyman 43.5% + 43.5% + $ 5.43** $ 5.43** App 1st yr 15% + t5% + $ 3.13-* $ 3.33** App 2nd yr 15% + 15% + $ 3.13'* $ 3.33.* App 3rd yP 43.5% + 43.5% + $ 5.43** $ 5.43** Case NumDer ....................... 9907647 SUFFOLK 1999A App 4th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 5th yr 43.5% * 43.5% + $ 5.43** $ 5.43** App 6th yr 43.6% + 43,5% + $ 5.43** $ 5.43** PUMP & TANK WORK 7/01/1999 6/01/2000 6/01/2002 dOURNEYMAN ....... $29.22 $30.10 $31.30 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( 1 ) Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. 40% 50% 60% 70% 85% 50 1/2% of hourly rate 4-25 ELECTRICIAN WAGES (per hour) 04/04/1999 Lineman / Splicer ....................... $ 30,50 * Material Man ............................ 26.54 Heavy Equip. Oper ....................... 24.40 Groundman ............................... 18.30 Flagman ................................. 13.73 OVERTIME PAY: See ( B, O ) on OVERTIME PAGE. 10/03/1999 31.00. 26.97 24.80 13.95 ~OLIDAYS: PAID: See ( 1 ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 8. 9. t0. tl. 16 ) on HOLIDAY PAGE. 60% 65% 70% 75% 80% 85% 90% 04/04/99 10/03/99 15 % + 15 % + Case Number 9907647 SUFFOLK ~99A ELECTRICIAN Applicable to electrical maintenance of existing electrical systems imcluq~ng, WAGES (per hour) 7/01/1999 Electrician $ 27.30 PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 6, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage. 40% 50% 6o% 70% 80% SUPPLEMENTAL BENEFITS; (per hour worked) 4 26m TREE TRIMMER - Line Clearance Specialist WAGES (pep hour) ?/01/1999 01/03/2000 01/06/2002 $ 19.02 $ 19.50 $ 20.44 OVERTIME:See ( B, E, P, T ) on OVERTIME PAGE HOLIDAYS; PAID: See ( 5. 6. 8. 9, 10. 11, 16, ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.37+ 12.6.% 12.5 % 12.5 % 12.5 % 12/30/2000 $ 19.99 4-1049 IRONWORKER WAGES(per hour) 7/01/1999 .......................... Case Number ........................... 9907647 SUFF0LK 1~99A Structural ........... $ 37.70 Riggers .............. 37,?0 Machinery Movers ..... 37.?0 Erectors... 37.?0 OVERTIME PAY: See ( B, E*, Q, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8. 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 20.55 21. 15 21.15 21.75 21.75 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 22.33 Apprenti6es 17.88 9-40/361 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing & Metal Lathing .......... $ 31.45 6VERTIME PAY: See ( C, O, v ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10. 11, 13, 18, 19 ) on HOLIDAY PAGE,. APPRENTICES:( 1 ) year terms at the following wage rates, 1st 2nd 3rd 4th $16.00 $18.88 $21.86 $24,82 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 17.48 Appr 1st term 10,68 2nd term 11.68 3rd term 13.68 4th term 16.68 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental ............. $ 34.04 Case Number 9gO?B4? SUFFOLK ~999A wage. 1st, 2nd. 3rd. 4th, Sth, 6th, 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 18.26 Appr Ist term 16.17 Appr 2nd term i6.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr 5th term 17.48 Appr 6th term 18.00 9-580 LABORER WAGES (per hour) OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. PAID: See ( i ) on HOLIDAY PAGE. ( per hour worked ) ........... $ 4.00 7/01/1999 $21.28 · $1.59 addit.(Allocation to be determined) 4 66 LABORER ~ HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Eormsetters. ................................ Case Number ............................ 9907647 SUFFOLK 1999A WAGES (per hour) 7/01/1999 Heavy/Highway Laborer: Group # 1 ............. $ 25.67 Gmoup # 2 ............. 25.08 Group # 3 ............. 23.12 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (pen hour worked) $ 12,87 ($ 5,05 after 40 regular hours) 4-1298 WAGES(per hour) 7/01/1999 Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.83 Marble Restoration Finishers ............. 14.82 1/01/2000 29.98 15.07 OVERTIME PAY: See ( A, E, O, V ) on OVERTIME PAGE. PAID HOLIDAY: dourneymen receive 1/2 days pay for Labor Day. All others See ( I ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's 50% 55% 6o% 65% 70% 80% 9o% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + wage percentage of $ 6.09 9-7/24 ..................... Case Number ................ 9907647 SUFFOLK 1999A WAGES(per hour) ?/01/1999 Bricklayer ........ $ 31.73 OVERTIME PAY: See ( A, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of Journeyman's wage. _ 1st 2nd 3rd 4th 5TH (500 Hrs) 6TH (500 Hrs~ 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS;(peP hour worked) dourneyman $ 15.46 Appr 8.28 9-16rk MASON-Buildin~ Unit Paving Work* WAGES(per hour) 7/0i/1999 8/01/1999 dourneyman .............. $ 23,72 Apprentice ( one year term ) .... 20.07 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 10.76 Appr 5.98 .70/hr. PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 dourneyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. ................................. Case Number ............................... 9907647 SUFFOLK 1999A HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 9rd 4th 5th 6th 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(pen hour worked) Journeyman $ 12.65 Appr Same percentage as wage. 9-530 MASON - Pointer/Caulker/Cleaner WAGES(pep hour) 7/01/1999 Pointer, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B. H ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: 1st 2nd $12,25 16.25 on HOLIDAY PAGE. 5, 6, 25, 26 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(pe¢ hour worked) dourneyman $ 1t.75 Appr 1st term 2.50 Appr 2nd term 2.75 Appr 3rd term 4.50 Appr 4th term 6.50 9-1PCC MASON WAGES(pep hour) 7/0i/1999 33.25 V ) on OVERTIME PAGE. Cement Mason ......... $ OVERTIME PAY: See ( C, O, HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 8, 11. 13. 25 ) on HOLIDAY PAGE, 9907647 SUFFOLK ~999A APPRENTICES: 50% 60% 70% SUPPLEMENTAL BENEEITS:(per hour worked) $ 14,14 8 O% 90% 95'( 9 780 MASON - Buildinq WAGES(per hour) Building: 7/01/I999 29.27 OVERTIME PAY; See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4O% 60% 8O% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.25 Appr 1st three months 0.00 All other Appr 12.25 9-202P WAGES (pe~ Hour) 7/01/1999 $ 13.85 ................................. Case Number ............................ 9907647 SUFFOLK !999A 9-7/3 MASON ~ Building WAGES(per hour) 7/Ot/1999 11/Ot/1969 Building: Tile Layer ........... $ 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 6, lO, 11, 15, 16 ) on NOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 5o% 55% 65% 75% 85% SUPPLEMENTAL BENEFITS:(peP hour worked) $ i4.32 95% 9-7/52 MASON - Building WAGES(per hour) Building: 7/01/1999 25.74 Tile Layer Helper & Finisher ....... $ OVERTIME PAY: See ( A, E, O ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, SUPPLEMENTAL BENEFITS:(per hour worked) 12/01/1999 26.24 16 ) on HOLIDAY PAGE. $ 11.08 11.23 9-7/86 IEONWORKER WAGES(per hour) 7/01/t999 Oerrickman/Rigger .... $ 30.59 + $t,59 Addit. (Allocation to be determined) OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: .......................... Case Number ............. 9907647 PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. 50% 60% 70% 80% 90% 90% SUPPLEMENTAL 6ENEFITS:(peP hour worked) $ 22.64 9-197 WAGES(per hour) 7/01/1999 Marble Cutters & Setters ............. $ 33.73 1/01/2000 34.88 OVERTIME PAY: See ( B, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen receive 1/2 days pay for Labor Day. Apprentices 1St three teP~s See ( 5, 6. 6, 11, 15 ) on HOLIDAY PAGE, All others See ( t ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Building WAGES(per hour) 7/01/1999 1/01/2000 Marble-Riggers, Crane & Derrtckman . .$ 27.72 28.72 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day for Labor Day. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE SUPPLEMENTAL BENEFITS:(per hour worked) Page 20 Prevailing Rate Schedule · New York State Department of Labor ............................... Case Number ............................. 9907647 SUFFOLK 1999A 16.87 16.82 9-7/20 PAINTER AND DRYWALL FINISHER WAGES (per hour) 7/0i/i999 Brush, Paper Hanger,Taper $ 26.05 Stfuctural Steel ......... 33.63 Spray, Scaffold,Sandblast 28.47 Repaint/Renovation ....... 20.89* *Additional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting, and OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. PAID: See ( t ) on HOLIDAY PAGE. OVERTIME; See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates, Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17,62 21.09 Struc. Stl. 12.94 19.24 23.08 Rpt/Ren. 10.73 16.01 19.11 SUPPLEMENTAL BENEFITS: (pep hour worked) Rpt/Ren. dourneyman $ 13.67 13.67 4.76 10.16 4-1486 PLUMBER WAGES (per hour) 7/01/1999 i0/3t/1999 Plumber .............. $ 33.65 $ 34.13 OVERTIME PAY: See ( A, Q ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERT[ME: See ( 5. 6, 15, 26 ) on HOLIDAY PAGE. APPRENTZCES: ( 1 ) year terms at the following percentages of dourneyman's wage. Case Number 9907647 SUFFOLK l~99A Ist 2~d 3rd 4t~ 8th 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (pen hour worked*) dourneyman $ 15.63 $ 16.90 Appr lst term 9.26 9.42 Appr 2nd term 10.34 11.07 Appr 3rd term 10,95 11.25 Appr 4th term 11.64 11.95 Appr 5th term 12.02 12.53 *Sunday and Holiday Benefits paid at Doub]e Time rate PUMP & TANK WORK dourneyman ................. $ 28.50 Overtime: ( 8, E, Q ) on Overtime Page. Holidays: Paid ( I ) Overtime ( 5. 6, 9, 10. t6 ) on Holiday Pege. Apprentices: One year terms at the following percent of dourneyman,s rate. 15t 2nd 3rd 4th 40% 50% 60% 70% App. 2nd yr .................. 7.37 App. 3rd yn ................... 8.83 4-200 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter .......... $ 35.30 Sprinkler Fitter ...... 35.30 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6. 7. 11. 16 ) on HOLIDAY PAGE APPRENTICES: ( 1 ) year terms at the following percentage of dourneyman's 1st. 2nd. 3rd. 4th. 8th. 4O% 5O% 65% 8O% 85% Page 22 Prevailing Rate Schedu]e · New York State Department of LaDor .............................. Case Number ............................... 9907647 SUFFOLK 1~99A Heat & Air conditioning Apprentices $ 17.50 9-638A STEAMFITTER WAGES(per hour) 7/01/t999 Steamfitter ......... $ 22.30 Refrigeration, A/C, Oi) Burner and Stoker Service and Installations, limited on Refrigeration to combined compressoFs up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower. OVERTIME PAY:See ( B, E, O*, S** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 6. 9, 10. 11, 15, 17. 26. Memorial Day ) on HOLIDAY PAGE. ** ( 10. 11. 26. Memoria] Day ) APPRENTICES: ( I ) year terms at the following wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th yr $6.72 10.83 13.04 15.19 18.31 SUPPLEMENTAL 6ENEFITS:(per hour worked) Appr 1st term 7.00 Appr 2nd term 6,56 Appr 3rd term 6,01 9-6386 ROOFER WAGES (per hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.50 OVERTIME PAY-New Roof: See ( A, E, O ) on OVERTIME PAGE. OVERTIME PAY~Reroof: See ( B, E. O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, lO, 13. 16 ) on HOLIDAY PAGE. Case Number ............... 40% 5O% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) SHEETMETAL WORKER WAGES (pep hour) 07/01/1999 Sheetmetal Worker .... $ 31.89 OVERTIME PAY: See ( C, E2. O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( S, 6. li, 12, 15, 25, 26 ) on holiday page. 30% 35% 40% 45% 5o% 55% 6o% 7o% SUPPLEMENTAL BENEFITS: (per hour worked) dourmeym&n $ 19,91 Appr 1st term 5.53 Appr 2nd term 6.46 Appr 3rd term 7.31 Appr 4th term 8.32 Appr 5th term 8.41 Appr 6th term 11.85 Appr 7th term 13.18 Appr 8th term 15.56 4 28 WELDER Welder... To be paid the Pate of the mechanic performing the work. TEAMSTER-Building Case Number ........................... 990?647 SUFFOLK 1999A Truck Driver (Building and Heavy/Highway): GROUP 1: Chauefeur and Excavation. WAGES (per hour) 7/01/1999 Truck Driven (Building and Heavy/Highway): Group I ................. $ 26.955 OVERTIME PAY: See ( B, E, B ) on OVERTIME PAGE, HOLIDAY: PAID: See ( 5, 6. 16, 25 )* on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 16. 25 )* on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME ............ $ 18.0025 OVERTIME ................. 9.40375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 Stright dobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( 8, L, S, SI,) on OVERTIME PAGE. HOLIDAYS: PA~D:(*)See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. (*) Must work two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Stright time $ 12.35 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) Sign Erector ......... $ P)astic Mechanic ..... 7/0t/1999 24.65 19.72 Case Number 9907647 SUFFOLK 1999A OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5. 6, 10, 11, 12. 16 ) on HOLIDAY PAGE OVERTIME: See ( 6, 6. 10, 11, 12, 16 ) on HOLIDAY PAGE APPRENTICES: (1) year terms at the following peroentage of Journeyman's 1st 2nd 3rd 4th 5th 35% 45% 55% 65% ?5% SUPPLEMENTAL BENEFITS; Appr 1st yr $ 4.62 per hour paid + 20 % of wage + $ 27,00 per day paid + $ 2.05 pep day worked + $ 0.20 per hour worked + Employee share of Soc. Sec. $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month Appr 2nd yr Appr 3rd yr $ 2.44 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month $ 2,922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per hour worked Appr 4th yr Appr 5th yr $ 3,404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked $ 3.468 per hour paid plus 20% of gross wage plus $ 6,00 per day paid plus $ 0,20 per hour worked PAINTER - Striping Highway WAGES(per hour) 7/01/1999 Painter (Striping-Highway): Striping-Machine Operator ....... $ 21.57 Helper .................... 15.79 tinerman ....................... 24.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE ................................ Case Numbe¢ ............................... 9907647 SUFFOLK 1999A HOLIDAYS: PAID: See ( 2. 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2. 8, 11, 12, 15, 16, i7, 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour paid) 22% of wage + $0.50 9-8a/28a (230) SURVEY CREW - Building WAGES:(peP hour) Survey Rates-Building; Party Chief ......... $ Instrument Man ...... Rodma~ ............... ?/01/1999 30.01 25.60 17.48 OVERTIME PAY: See ( A, E*. Q. V ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 11, t5,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11. 16. 25 )on HOLZDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/O1/1999 Survey Rates-Heavy/Highway: Party Chief ............. $ 29.14 Instrument Man .......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B. E*, O. V ) ON OVERTIME PAGE. HOLIDAYS; PAID: See ( 5. 6, 7. 11. 12 ) on HOLIDAY PAGE. ......................... Case NumbeP 9907647 SUFFOLK 1999A SUPPLEMENTAL BENEFITS (per hour paid) dourmeymen $ 15.15 9-15D N/S CO SURVEY CREW - Consultinq E~neer CONSULTING ENGINEER SURVEY WAGES:(per hour) 7/01/1999 Panty Chief ......... $ 23,96 Instrument Man ...... 20.66 Rodma~ .............. 17.88 OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. HOLIDAYS: SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9,55 Apprentice 6.75 9-15dconsuit CORE DRILLING WAGES(per hour) 10/16/1998 10/16/1999 Cone Drilling: Driller .............. $ 22,23 addit. Helper ................ 18.72 $1,O0/hr.(Allocation to be determined) HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. Page 28 Prevailing Rate Schedule · New York State Department of Labor ............................. Case Number ................................ 990?647 SUFFOLK 1999A OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. · * See ( 8; 10, 11, t3 ) on HOLIDAY PAGE. SUPPLEMENTAL 5ENEFITS:(per hour worked) $ 7.69 9-1536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 7/01/1999 8/01/1999 OVERTIME PAY: See ( 8, E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 12, 16 ) on OVERTIME PAGE. Apprentices: ( I ) year terms at the following rates; lst.yr ............... $ 11.00 $ 11.00 2nd.yr ............... 12.50 12.50 3rd.yr ............... 14.50 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) $ 8.30 + $ 7.95* + *overtime $ 9.95 + 10% o¢ rate 10% o¢ rate 10% of rate $ 5.00 + $ 5.00 + 10% of rate 10% of rate POWER EQUIPMENT OPERATOR - Butldin~ BUILDING: CLASS "A": Aspha]t Spreader, Backhoe Crawler, Boiler. Boring Machine, Cherry Case Number 9907647 SUFFOLK 1999A CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Poirlt), Field Mechanic, Milling Machine (Small), Pulvi-Mlxer. Pumps, Roller (Dirt), Vat-A11, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-s~ing MaChine, Concrete Spreader, Conveyor. Curing Machine, (Structural Steel & Pile Work), CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work). Hydra WAGES (per hour) 7/01/1999 Class " A ". .............. $ 31.16- *Add $3.00 for Hazardous Waste Work Class "B ". .............. 29.48* *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.00 350 $ 1.50 OVERTIME PAY: See D, 0 ) on OVERTIME PAGE. HOLIDAYS; PAID: See ( 5, 6. 7, 8, 11, 16 ) on HOLIDAY PAGE.~* OVERTIME: See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.** APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dDURNEYMAN $ 22,40 -- APPRENTICE $ 13,04 Note Note OVERTIME APPRENTICE $ 8.40 4-138 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader. Backhoe Crawler. Boiler, Boring Machine, Cheery Picker (over 50 tons). Concrete pump. Crane, Derrick. Dragline, Dredge, Page 30 Prevailin9 Rate Schedule · New York State Department of Labor .............................. Case Number 9907647 SUFFOLK 1999A Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Va¢-All, Welding/Burning, Compressor (Structural Steel & 2 or more ~n Battery), (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind, Power Operated), Generator (Pile Work), Hydra Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/Double Class " G ": Wet Out Tec. WAGES (per hour) 7/0t/1999 Class " A ". .............. $ 32.06- *Cranes : Boom length over lO0 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.00 350 $ 1.50 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( D. 0 ) on OVERTIME PAGE. HOLIDAYS: OVERTIME: See ( 5, 6. 8, 9. 10, 16 ) on Overtime Page.** Case Numbe~ ............ MAR[NE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer, Derrick Op. Tug Boats: Ctass A: Mate ................. Class D: 7/01/t999 10/01/1999 $ 25.18 $ 25.78 22.34 22.B1 22.01 22.28 21.83 22.07 20.35 20.57 20,50 20.72 16,58 t6.74 17.23 17.39 16_58 16.74 22.69 23.09 21.10 21.47 22.69 23.09 2t.t0 21.63 16.80 16,96 25.64 26.26 22.83 23.12 21.83 22.07 20.35 20.57 21.49 21.74 20.50 20.72 17.23 17.39 16.80 16.96 OVERTIME PAY: See ( B. F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8. 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. ............................ Case Number ............................ 990764? SUFFOLK 1~99A SUPPLEMENTAL BENEFITS: (per hour worked) All Class C Al1 Class D plus 8% of wage $ 4.51 plus 8% of wage $ 4.21 plus 8% of wage OVERTIME $ 0.80 EXTRA ) OVERTIME $ 0.65 EXTRA ) OVERTIME $ 0.50 EXTRA ) 4-25a MARINE CONSTRUCTION WAGES (per hour) Drill Boat: Class A: Engineer .......... Blaster ........... Boat Copt ......... Class C: Welder/Machinist.. Class D: Oiler/Helper ...... Deckhand .......... 7/01/1999 $ 23.24 23.5t 23.25 19.34 23.03 20.25 15.83 18.38 10/01/1999 $ 23.54 23.81 23.55 23.30 20.46 15.97 18.56 Helper ............ OVERTIME PAY: See ( B, P, R, ) on Overtime Page. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on Holiday Page. OVERTIME: See ( 5, 6. 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 4.08 plus Class C $ 4.38 plus 8% of wage 8% of wage $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage $ 3.11 plus $ 3.21 plus 8% of wage 8% of wage 1.21 0.92 0.63 $ 2.42 A & 8 add ................ $ 1.06 C add .................... 0.82 4-25/3 REQUEST FOR WAGE AND UPPLEMENT INFORMATION AS REQUIRED BY ART~CLF, 8 A_ND 9 OF ~ LABOR LAW Submit this form for new schedules or f~. determination for additional occupations. Provide all information Requested Below SU13MITT~D BY: C] CONTRACTTNG ^GENC¥ [] USUC WORK DISTRICT OmCE IDATE , (CHECKONE) {-] ARCHITECTORENC, INEERINGFIRM = , ~ ,, ~_ . .. . .. A. PUBLIC WORK CONTRACT TO BE LET BY: (Emi. er Data Per!:.6ning to Coatractim~ Agec~'y) ~01 DOT [:]0~ LO(mischoo~ O~r~ [~ 04 STATE UNIVERSITY [-~ 10 Villlg~ CONSTRUCTION FUND I-] 11 Town [-J OS MENTA& HYGIENE [-112 County FACILITIES CORP. r'J 13 Other Non-N.Y. State [-I 06 OTHER N.Y. STATE UNiT (Describe) 3 SEND REPLY TO (NAME AND ~DORE$S): a. SERVICE REQUtRED Check appropriate box and p~ovide i-1 New Schedule of Wages and Supp~emen~ J APPROX,MATE B,O DATE I-I A:d, di~ion&l OCcupatiofl a~Vor THIsPRC NUMBERISSUEO PREVIOUSLY FORpRoJECT ] [ OFFICE USE ONLY TELEPHONE: ( ) . · B. PROJECT PARTICULARS Vill~ Of C~ County " i. OCCUPATION r-OR R~ J~CT 7. N~ o~ Pfoj~<t- Che<k Oe4 [~ 1. N~vlui~i~ ~ ¢.onstxuctiG.(luiKliq, He4vy UT Guards, Watchmen I'1 Z. AddRio~ to Ems~i~g Str~:ture Highway/S~vlrANater) n Janitor, porters. ITM 3. Ht&vy im:l H~hwly Coflstruc~on (New i~d Repair) [:3 Tunnelflf~ ~'~ Moving (urmture and [~ S. C)~es New Co~structio~ (ExpLain) 0'1 Laflds~ape Maintenance I'1 Trash and refuse cemoval ('3 &. Other RecO~truCtio~, Maintenance, Repair or Alteratio~ ~ ElevatOr mamteemnce [] Window clear, Irt [~ 7. D~molitiofl [~ Exte~mifl/to6. Fumig&tor* [~ Other(Oe~:ribe) C] I. luildi~lServi¢lCo~trlct USE ONLY I I ! I I I I I I I I I I I I I I I I I I I I I I II]11 II II II II II II II II II II II II II II II II II 11 Il II It II II II II II II I1 II |1 II II II II SEE OTHER SIDE FOR LAW~, RELATING TO PURUC WORK CONTRACTS J NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promo~.ion, upgrading, demotion, transfer, layoff or,termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING M-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work er in purchasing the services, material equipment, er supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local ofthe Project being contracted bythe 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). PREFABRICATED DOME SALT SAND STORAGE BUILDING M-2 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 five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nationalodgin, because of habit, Iocalcustom, or otherwise. He further agrees that (excapt 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): PREFABRICATED DOME SALT SAND STORAGE BUILDING N-1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed,, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or Js 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 la) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, crt or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph la) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order, (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the 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, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. in any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. 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 ofthe contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests, ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-4 ( d ) Acquisition of Report Forms Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled, The Grantee shall report all suspected or reported violations to the Grantor Agency, Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of ~. hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-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 prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed max(mum 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 provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires previsions by which the centractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin. (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; PREFABRICATED DOME SALT SAND STORAGE BUILDING N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or mumcipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin, PREFABRICATED DOME SALT SAND STORAGE BUILDING N-8 II. III. SCOPE: SPECIFICATIONS SELF SUPPORTING "DOMAR" SALT STORAGE BUILDING (OR APPROVED EQUAL) It is the intent of these specifications to describe a prefabricated dome salt sand storage structure. This building shall be constructed within a designated area of the Town Highway Maintenance Yard located on Peconic lane for the purpose of storing a minimum of 831 Cubic Yards of salt sand material. The building to be furnished shall be fifty (50') feet in diameter. The perimeter walls are to be twelve (12") inch thick, 4,000 psi concrete and shall be six (6') feet in height. The prefabricated structure provided shall meet the minimum design criteria of a "Domar" Salt Sand Storage Building as Manufactured by DOME CORPORATION of America - or-approved equal (5450 East Street, SAGINAW, MI., 48601, - phone 517-777-2050) The Town of Southold, after careful consideration, has determined that the above mentioned product is best suited for its needs for storing salt sand materials. Any substitutions to the above referenced structure shall meet or exceed all aspects of design specifications and operational clearances for the above referenced building. PROJECT LOCATION: A. The prefabricated Dome salt sand storage building shall be located and constructed within the Town Highway Maintenance Yard in Peconic. This facility is on Peconic Lane just north of State Route 25. B. The prefabricated structure shall be erected on an asphalt pad that is constructed by the Highway Department. The pad shall be a seventy (70') foot by seventy (70') foot level pad (+/- 1"), consisting of a six (6") inch stone blend base and four (4") inches of asphalt pavement. (Asphalt shall be placed in two lifts and compacted to optimum density.) The minimum bearing capacity of the Asphalt Pad shall be 3,000 P.S.F. SUMMARY OF WORK: The work, in general terms, shall consist of furnishing all labor, materials, related equipment, tools and supervision necessary for the complete construction of the panelized "Domar" Salt Sand Storage Building as herein specified and detailed. Miniaturized documents of Manufacturer's Drawings are included at the end of this Specification. To review full scale drawings contact James A. Richter, R.A.,Town Engineering Dept. at (516-765-1802). PREFABRICATED DOME SALT SAND STORAGE BUILDING Page I IV. Each bidder shall specify the number of years the building will be guaranteed. (All guarantees shall include labor and materials.) Minimum guarantees shall not be less than one (1) year for the building and five (5) years for the roof. The roof slope, except for the doorway canopy, shall not be less than 26 degrees. Qualified bidders shall have a minimum of five years experience in similar work specified herein. Bidders shall submit at least three (3) locations where they have completed similar work within the last two years. All submissions shall indicate names of owners including addresses and telephone numbers. DESIGN CRITERIA: A. The Foundation: The foundation shall be a floating mat foundation as per BOCA Code 1205.3 and shall be 4" Asphalt over 6" Stone blend as installed by others. The asphalt pad shall have a minimum bearing capacity of 3,000 PSF and shall be level (+/- 1"). B. The Retaining Wall: The retaining wall shall be a reinforced 4,000 psi concrete tension ring, one (1') foot thick and six (6') feet high designed to withstand the pressure of the stored material and the Dome structure's dead and/or live loads. The retaining wall shall sit on the floating mat foundation. After curing, the inside of the retaining wall shall be coated with two (2) applications of a mixture of 50% mineral spirits and 50% linseed oil. C. The Structure: The structure of the Dome building shall be designed to meet or exceed all snow and wind load requirements of the New York State Building Code. Wind loads shall be adjusted to allow for the slope of the Dome panels. An entrance opening shall be provided with a minimum height of eighteen (18') feet and a minimum width of fifteen (15') feet. D. Roofing: Roofing material shall be standard asphalt roof shingles with a minimum manufacturer's warranty of 25 years. The shingles shall be installed over a 15 lb. Roofing felt. On areas with a slope of less than twelve (12) degrees, roll roofing shall be used with a minimum overlap of eight (8") inches between roofing materials. E. Building Capacity: The proposed fifty (50') foot diameter building shall be of sufficient size to store 831 tons of salt sand based on the weight of 80 lbs. Per cubic foot or 2,160 lbs. Per cubic yard. Storage of piled material shall not exceed an angle or repose of 33 degrees. Totally unobstructed and usable floor area within the interior walls shall be approximately eleven hundred (1,100) square feet. The building shall be approximately thirty two (32') feet high and shall include a built-in fan dormer. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page2 VI. PREFABRICATED STRUCTURE: A. Scope: The work covered by this section of the specifications consists of furnishing all plant and site labor, equipment, appliances and materials, and the performance of all operations in connection with the purchase, delivery and erection of the fifty (50') foot diameter prefabricated "Dormar" Salt Sand Storage Building, to be installed on a six (6') foot high reinforced concrete retaining wall. A fan dormer shall be included and the contractor shall provide a complete building in accordance with this section of specifications as provided herein by the Town of Southold. B. Description of Work_: The building Shall be dome shaped, self-supporting with no internal supports inside to hamper loading and unloading of salt sand materials and vehicle operations. The entrance shall have a clear opening of fifteen (15') wide by eighteen (18') high. The Dome structure will be made from single skin panels, as well as the entrance trusses, canopy walls, etc., will be made from the following material: 1. Lumber: The o'utside framing members of the panel shall be SPF species or better, grade # 2 or better, kiln dried to a maximum moisture content of 19%. The internal studs shall be southern pine species or better, # 2 or better, and be kiln dried to a maximum moisture content of 22%. 2. Plywood: The plywood shall be 5 ply-5 layer, Douglas fir plywood, exterior grade, structural #1, CCX. No other grade of plywood will be acceptable. All plywood shall be agency rated and conform to PS-1-83. 3. Glue: The glue shall be Liquid ResorcinoI-Phenolic Formaldehyde Resin, mixed and applied as per manufacturer's instructions. 4. Hardware: The hardware used to assemble the stress skin panels on site shall be 5/8" diameter bolts with 2- 3/4" square washers. All bolts, nuts and washers shall be hot dipped galvanized. All nails and staples used in the manufacture of the panels shall be galvanized. SPECIAL PROVISIONS FOR SALT SAND STORAGE BUILDING: A. Delivery and Erection: The building furnished by the successful bidder is to be erected or assembled at the site specified and as per the approved plans. The centractor shall be responsible for the safe unloading and storage of the prefabricated panels. It will also be the responsibility of the contractor to make minor adjustments necessary in the foundation was to accomplish a vertical building axis and level horizontal foundations lines. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 3 Completion Date: The contractor shall start the work within 15 calendar days after notice of award and receipt of contract, and shall complete the project within sixty (60) calendar days. Concrete Reinforcing: The contractor shall provide all labor, materials, related equipment and supervision necessary for the complete reinforcement of the concrete foundation walls as required by building specifications and detailed structural drawings. 1. Products: a. Reinforcing Steel: Deformed steel reinforcing bars conforming to A.S.T.M. -AG 1572 Grade 60 Metal shall be clean and free from loose rust, scale, or coatings that will reduce bond. b. Anchor Bolts: Shall be unfinished grade A.S.T.M. designation A307 with yield strength Fy = 36 Ksi. The anchor bolts shall be hot dipped galvanized. c. Metal Accessories: Include all spacers, chairs, ties and other devices necessary for the proper spacing, supporting and fastening of the reinforcing steel in place. 2. Execution: Place reinforcement accurately in position shown on the drawings; securely fasten and support to prevent displacement before and during placement of concrete. Cleaning, bending and placing of reinforcement shall be done in accordance with the requirements of the American Concrete Institute ACl 318. Latest Edition Cast in Place Concrete: The contractor shall provide all labor, materials, related equipment and supervision necessary for the complete reinforcement of the concrete foundation walls as required by building specifications and detailed drawings. All concrete used for footings, foundations, pier and post supports (below and above grade) shall have a compressive strength of 4,000 psi at 28 days. All concrete above grade shall be air-entrained. 1. Portland Cement: All Portland Cement must meet Air-entrained Portland Cement A.S.T.M. Designation C150-74, Type lA. 2. Mixing Water: Water shall be clean and free from oil, acid and injurious amounts of vegetable matter, alkalies and other salts. 3. Application: It shall be the contractor's responsibility to check all dimensions and accuracy of the form work and reinforcing steel prior to placing the concrete. The contractor shall follow the normal and recommended practice for the placing and protection of the concrete work. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 4 Framing and Sheathing: The work required under this section consists of all carpentry materials, rough hardware, related items necessary to complete the work indicated on the drawings and specifications. 1. Materials: a. Plywood: The plywood shall be 5 ply-5 layer, Douglas fir plywood, exterior grade, structural #1, CCX. All plywood shall be agency rated and conform to PS-1-83. b. LumbeE All lumber shall conform to American Softwood Lumber Standard PS-20-74. 2. Execution: a. Provide all labor, materials and equipment necessary to complete all carpentry work and related work under this division. All carpentry must be installed by skilled carpenters working under proper supervision. The work shall ~e carried out in a thoroughly high grade and work-man-like manner. The framework shall be assembled using 3 1/4" galvanized spiral nails. All joints shall be tight and present a smooth surface for gluing. The plywood sheathing shall be attached to the frame using glue and 2" spiral nails or I 3/4" galvanized staples. The plywood shall then be beveled to suit the framework. b. Assembly and erection of prefabricated panels, installation of the doorway trusses, canopy and all related work must be done in accordance with manufacturer's drawings and specifications. Adjustments may be made on site if found necessary and shall be carried out in a work-man-like manner conforming to good building practices. Moisture Protection - Asphalt Shingle Organic/Fiberglass Mat: The contractor shall furnish all labor, materials, tools, equipment and supervision to properly install the asphalt roofing shingles to all surfaces designed for roofing on the drawings. 1. Product: a. The asphalt shingle shall be organic or fiberglass mat and carry a 25 year minimum manufacturer's prorated warranty. The shingles shall be self-sealing and be of American Manufacture. The shingles shall be installed with large head, galvanized roofing nails as per the manufacturer's instructions. b. Material for underlayment of shingle shall be non-perforated, 15 lbs. Per 100 square foot, Asphalt Saturated Felt, 36 or 32 inches wide and conforming to A.S.T.M. designation D-226-68. The felt shall be attached directly to the plywood sheathing with large fiat head galvanized roofing nails. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 5 c. The shingle color shall be as selected by the Superintendent of Highways for the Town of Southold. 2. Execution: a. Surface to be covered with asphalt shingles shall be smooth and free from defects of every description, all such surfaces, shall be dry and clean from dirt, rubbish and other foreign materials before the roofing is started. All projecting nails shall be set flush to the roofing sheathing. b. The roofing shall be installed in strict accordance with the manufacturers instructions in the conventional manner after the complete building has been erected. At no time should roofing felt or shingles be stored or applied on the building until all internal bracing has been installed. c. Flashing shall be installed where called for on the approved drawings and shall be of .025 mill finish aluminum, non- corrosive metal or non-metallic material. d. The roofing felt shall be applied in such a manner that each panel joint is overlapped to prevent leakage and installed with large head galvanized roofing nails. e. The roofing shingles shall be applied with large head galvanized roofing nails, the number and location of the nails to be as governed by the manufacturer's directions. f. Roof vents and other openings in the roof shall be properly installed in such a manner to prevent leakage. Finishes: The contractor shall provide all labor, materials and equipment necessary to paint all exterior exposed wood surfaces. 1. General: Surface Preparation: The surface to be painted shall be sanded smooth, all dust and dirt must be removed and the surface must be completely dry. No painting shall be attempted when the temperature is below 55 degrees Fahrenheit. 2. Product: The paint selected shall be first quality materials as manufactured by: **Sherman Williams ** Pittsburgh Paints ** Devoe Paint** Or approved equal. Color shall be as selected by the Superintendent of Highways for the Town of Southold. The paint shall be semi-gloss, latex exterior house paint. 3. Application: The material selected shall be applied in strict compliance with the manufacturer's specifications. The painting shall consist of one (1) coat Primer and two (2) coats finish. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page6 VII. Clean Up: 1. The contractor shall be responsible for the removal of all drops or spots of paint on all other surfaces and shall leave the work in a clean and acceptable condition. 2. All paint cans and debris from the process of painting shall be removed from the property and be legally disposed of. ELECTRICAL REQUIREMENTS: A. Electrical service: The Town of Southold shall be responsible for the installation of the Electric Service that will be attached to the outside of the concrete foundation wall. The installation of breaker box, switch box, light fixtures, fan and all related wiring coming from the service shall be the responsibility of the contractor. B. Electric Work: The contractor shall be responsible for the electrical work and shall consist of the following: 1. Supply and install 100 AMP / 115-120 Volt Breaker and Switch Box. All wiring, conduit and related electrical installations shall meet or exceed all National, State and Local Electrical Codes. 2. Supply and install three (3) 150 Watt, High Pressure Sodium, corrosion-proof fixtures with all necessary switches and wiring. Installation shall provide for slope draining to conform to local and state electrical codes. Lighting fixtures shall be located as follows: a. On the interior: one (1) each on the appropriate ring and height of the dome, 90 degrees to the left and right of the entranceway. b. On the exterior: one (1) fixture shall be installed over the canopy of the entranceway. 3. Supply and install one (1) electrical corrosion-proof exhaust fan with a minimum capacity of 6575 cubic feet per min. The fan shall be Bayley Type JB24-6U3-G, Industrial Exhaust Fan, Single Phase, ~ H.P., 885 RPM, Belt-driven Propeller fan. All wiring, conduit and related electrical connections shall meet or exceed all National, State and Local Electrical Codes. 4. All materials, fixtures, fan and instaJlation shop drawings must be submitted to the Town Engineer for review and approval prior to commencing the work. END OF SPECIFICATION PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 7 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~ 61~,5 Telephone (516) 7~;5-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DATE: Carter-Melence Fax 516-744-0528 Linda Cooper, Deputy Town Clerk October 21~ 1999 516 765-61~5(Fax Number) Number of Pages (including cover): 1 If total transmittal is not received, please call (516)765-1800. COMMENTS: Be advised the bid opening scheduled for 10:00 A.M. for today, October 21, 1999 for the "Dome Type" Sand/Salt Storage Building has been cancelled. Any bids received with be rejected and returned to the bidder unopened. This office will contact you in the near future will any additional information and new date for the bid. Thank you. LEGAL NOTICE NOTICE TO BIDDERS NO~Cg IS i~B~BY GIVEN, in accordance with the p~vifmons of Section 103 of the General Munic;l- pal Law, that sealed bids are sought and requested for furnishing all of the labor, materials, and equipment for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department, Pecon- ic Lane, Peconic, New York. Speci- fications may be obtained at the Office of the Town Clerk. Town of Southold, Town Hall. 53095 Main Road. Southold, New York 11971, upon payment of a $25.00 non- refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with a Non-Collusive Bid Certificate and bid security in the form of a certi- fied check or Bid Bond in the amount of 5% of the Base Bid will be received by the Town Clerk, al the Southold Town Hall, 53095 Main Road, Sonthold, New York, until 10~0 a.m.. Thusly, O~tob~r 21, 1999, at whh:h ~ they will be ope:ned and read ~doud in public. The Town Board of the Town of Southold res~twes tl~ right to reject any and all bids and to waive any and all informality 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 Salt/Sand Facility", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: September 28, 1999 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1995-1TO7 STATE OF NEW YORK) )SS: COUNTY OF SUF~OLKI t } 1(0./~ ~' ~., I'~ / ~S of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuek, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for [ weeks successively, the "~ +/x day commencin~ on of O C_~ff)~O 1I {~ 19 (.~ Principal Clerk Sworn to..l~efore me this JO~.~.~BRISC r: day of .~..?(":7~Z:'-I~OTARY PUalgC, ~.~'g~Ta OF NEW YORK ff .'7 '/'~' NO, 01BR47326t3 c // × / IN SUEFOLK COUN,TY (~/~/ ff'ff tS/ '/ 'COMMI.~SI~N EXPIRES MAY 3! LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the Ceneral Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials, and equipment for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department, Peconic Lane, Peconic, New York. Specifications may be obtained ~ the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $25.00 non-refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with a Non-Collusive Bid Certificate and bid security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, October 21, 1999, 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 to waive any and all informality 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 Salt/Sand Facility", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: September 28, 1999. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 7, 1999, AND FORWARD ONE (1) OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Town Clerk Bulletin Board AFFIDAVIT HALL, PO STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 1st day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, in, a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice - Notice to Bidders - Salt/Sand Storage Building for Highway Department. Bid Opening 10:00 A.M., Thursday. October 21, 1999 Southold Town Clerk Sworn to before me this 1st day of October , 1999. ~ Notady ' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ho]l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE ADOPTED AT A REGULAR MEETING OF HELD ON SEPTEMBER 28, 1999: FOLLOWING RESOLUTION WAS THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to construct a Salt Storage Building for the Southold Town Highway Department, in accordance with the plans and specifications prepared by James A. Richter, R.A. Southold Town Clerk September 28. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O~ Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON DECEMBER 21. 1999: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Carter-Mellence, Inc. for the construction of a Prefabricated "Dome Type~ Salt Sand Storage Building at the Southold Town Highway Department, Peconic, New York in the amount of $78,333, all in accordance with bid specifications, and subject to the approval of the plans. ~A. Ne Ile~~ SoiJthold Town Clerk December 21. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 12, 2000 Donald J. O'Hanlon, President Carter-Mellence, Inc. Post Office Box 907 Sound Beach, New York 11789 Dear Mr. O~Hanlon: The Southold Town Board at their regular meeting held on December 21, 1999 accepted your bid for the Dome Salt/Sand Storage Building in the amount of $78,333.00. A certified copy of this resolution is enclosed. Thank you for submitting your bid. Very truly yours, Southold Town Clerk Enclosures cc: Raymond L. Jacobs Superintendent of Highways 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 January 12, 2000 Ross A. Lake, President Dome Corporation of North America 5~50 East Street Saginaw, Michigan ~8601 Dear Mr. Lake: The Southold Town Board at their regular meeting held on December 21, 1999 accepted the bid of Carter-Mellence, Inc. for the Dome Salt/Sand Storage Building in the amount of $78,333.00. A certified copy of this resolution is enclosed. Thank you for submitting your bid. Very truly yours, Southold Town Clerk Enclosures cc: Raymond L. Jacobs Superintendent of Highways THE AMERICAi NSTITUTE OF ARCI ECTS Document Ar" 310 Bid Bond ~ ~T.?. ]~Z{ BY T~IESE ~S~, that we Carter-~ale~e, Tm:. 10~ New York a~ue ~ ~a~, ~ )o~ 117~ k~(Here inse~t fuji name and address or tega[ title of Contractor) as Pr~ci~l,h~e~er c~l~ ~e Pr~i~ ~ ~e N~k ~nter, 2~ Flor (Here ~nse~t fuji .ame a.d add~ess o~ [ega[ {~t[e of N~, N~ Je~ ~102 a co. ration duly o~z~ ~ ~e la~ of ~e S~te of ~ J~ as ~e~. h~e~ c~l~ ~e ~ety. ~e held ~ f~y ~ ~to 53~ ~n ~ (Here ~nsert fu[[ name and add~es~ or legal ttt[e of ~ner) ~ld, ~ Yo~ 11~1 ~ 0blfg~, h~e~ c~l~ ~e Oblige, ~ ~e s~ of '5~ of ~ ~t b~* ($ ) for ~e ~t of ~ch ~ ~11 ~ ~y to ~ ~e, ~ ~d ~ ~'~ ~ b~ ~sel~s, ~ he~s, ~, ~ators, ~ssors ~ ~sf~s, j~ly ~ s~ly, f~y ~ ~ese presets. EEE~RS, the ~ci~ ~ ~tt~ a bfd for ~refabr~oate& &oma aalt/eto~age (Hem lnsertfu[[name, address and description df project) fao~l~ty at the Soetbold ~ B~gbwa~ De~artmeat, ~eooa~c ~aae, ~ew ~o:k. ~ ~ tf the 0biigee shall accept the bid of the Principal and the Pr(ncipa[ shall enter into a Contract with the 0bligee 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 p~osecution thereof, or tn the event of the failure of the P~inctpa[ to enter such Contract and give such bond or bonds, if the Principal shall pay to the 0b[igee the difference not to exceed the penalty hereof between the amount specified in said bid and such [arger a~unt for which the 0b[igee ~y in good faith contract with another party to perfo~ the Work covered by said bid, then this obligation shall be nu[[ and void, othe~ise to remain in fuji force and effect. Signed and sealed this. 16th day of December 19 99 (Witness) (Witness) Bid date: 12/16/99 A/3% DfL73MENT A310 · BID BOND · ALA @ · ~k~RUARY 1970 ED · ~ ~CJLN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 COUNTY OF SU~OLK ) On the 14th day of December in the year 19 99 , before be personally ,~n~ Donald J. O'Hanlon to Ina .k~lown, Who, 'being by me duly sworn, did delx~se ar~ say that he resides at Sound ~each, NY that he is the President of Carter-Melence, Inc. ,the corporation described in and which executed the above instrument; and that he signed his ~ thereto by order of the Board of Directors of said corporation. ~ I~l[ll~l',TC ~ 'CC~4ISSIONER OF D~..:, ~ MARY C. MICHNE Notary Public, State of New York No. 4978717 Qualified in Suffolk County Commission Expires March 11 ) SS: ~ OF ~S~C-~-ST~]t ) On the 16th day of December i~ the year 19 99 v before ~e ~)e. rso~] ]y ~ Denise Alexanian to ~ kDow~v who, being by me duly sworn, did depose and say that he resides at Somers, New York he is the Attorney-~n-Fact Of International Fidelity Insurance Compa~y the corporation described in and which executed the above instrumant; and that he signed his name thereto by order of the board of d~rectors of sa{d corporation. Chef[ Confalone Notary Public, State of NY No. 01 CO6014102 Quatified in Westchester County I~o~ PU~.TC OR~II~4ISSIONER OF D~.":~ ~ INTERI ATIQ [AL I DELITY TSURANCE CG fl'ANY o ,re *wmuc STA~ OF ASSETS, LI,~BILI£~S, 8TJI~LUS ~ OTI-IF~ ~S AT ~ 30, 1999 Bonds (Amen'izod V~Iue) ................................. $30,268,397 Preferred Sto'ck.s ........................... ............... 3,710,000 Common S~ick~ (M~kct V-~uc) ............................... 8,165,476 Mortpse Loans on ~ P. sme .............. 940 692 Real ES~e ..................................... ; ...... 132,000 Cash & Bank Deposits ............................ ........ . 1311,296 Shah Term Inve~mants ..................................... . Unpaid Premiums & Assumed Balances .......................... ~88,271 R~Jmutan~e Recoverable on Loss ?ayme~ ........................ 1,696,9.68 Federal Xncome Tax Reeevenble & ~uetest ......' ................. 398,04/ Bl~-'~'oal,' Data Ptoce~g ~qu.Jpmant ........................... Interest & Divldands Duc ~nd Accrued , 944,670 Funds Held in Escrow Account~ ............................... 3.3,4~1,418 Collateral l~unds Held Under Contract ........................... (33,451,418) Contract Balances Duc and Unpaid ............................. Other Assets ........................ : ..................... TOTALA$SI~TS........ ....................... . Losse~ (Reported LosscsNet as to Reinsurance Ceded and Incurred But Not Reported Losses) ............................ Loss Adjumnent Expenses ................................... Contingent Commissions & Other Similar Cksries ................... . (3,:~$2,723) Other Expenses (gxclnding Taxes, Licenses and Pces) ..........· ...... 146,959 Taxes, Licenses & Fees (Exclnding Pederal Income Tax) ............... 72,233 Federal and £o,seisn Income Taxes (Excluding Oe~med Taxes ........... 26,491 Unesmed Premiums ....................................... 10,026,902 Funds Held by Company Under Reinsurance Treaties ................. ' ~ 11,f80 Amounts Witt~eld by Company iht Account of C~hess ................ 125,579 Liability for U~authorizedReinanrmes .......................... 24~,g23 Other LiabiEdes ........................... , ............. 55 TOTAL LIABILITIES .......................... Common Cepltel Stock ..................................... Gross Paid in & Contributed Surplus ' 374,600 Unessi~ned Funds (Surplus) .................................. ~.~ Surplus a.s Reprds Policyholders ................... TOTAL LIABILITIES, SURPLUS & OTH~P. PUND$ .... I, Francis L. Mil~rhot~ President of INTERNATIONAL FIDELITY INSURANCE COMPANY, ce~r.' y l~at the foregoing i~ ~air mtemant of Assets, Liabilities, Surplus and Oh~.r Funds et* this rellceted by its books and records and u reported in its statement on 'file with the. Insurance D~en~t of the State of New .leu'ey. IN TESTIMONY WI~.P,~. OF, I h~vc set my hand s.qd affixed the seal of the Company, this 11a day of August, 19~9. INTER/~ATIONAL FIDELITY INSURAI~rcE COMPA~ Tel, (973)624-7200 POW i : OF ATTORNEY INTERNATIONAL 'DELITY INSU NcE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY O7102-5207 FOR BID/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY. a corporation organized and existing under the laws of the State of New Jersey and having its principal office In the City of Newark. New Jersey. does hereby constitute and appoint EDMUND J. BERGASSI, DENISE A~.EXANIAN, GEOROE D. SKINNER ~New Rochelle, NY. ts true and awful attorney(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, Contracts of indemnity and other writings obligatory in the nature therof, which are or may be allowed, re0uir~d or permitted by law, statute ru e, ragu at on, contract or otherwise, and the execution of such instrument(s) in pursuance of these p~-~sents; Shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, :io intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected'officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to andby authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY'at a meeting called and held on the 7th day of February, 1974. The Pres dent or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorized them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereo! and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the followit~g is a true excerpt Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or:any certificate relating thereto by facsimile, end any such power of attorney or certificate bearing such facsimile signatures or facsimile:seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has aa'used this instri~ment to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.D, 1991 INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex President On this 1St day Of May 1991: before me came the individual who execute(I the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument Is the Corporate Seal oi' said Company; that.the said Corporate Seal and his Signature were duly affixed by order of the Board of Directors of said Company, 'O I~ t.~~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City 9f Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission E~pires sept~ 8, 1998 the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section Of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole ef the sa,d originals, and that the said Power of Attorney has not been revoked and is now m full force and effect. IN TESTIMONY WHEREOF, I Have hereunto set my hand this 16th day of Decembe~ Assistant Secretary 1999 DOME CORPORATION OF NORTH AMERICA December 15, 1999 To Town Clerk Elizabeth Neville From - Dome Corporation of North America RE: Rebid of Salt Dome Per our conversation of the other day here is the original bid bond for the above project. Please attach it to the bid package. Thank you, 5450 EAST STREET, SAGINAW, MICHIGAN 48601 TEL. 517/777-2050 * TELEFAX. 517/777-3477 http://~nNw, dome-corp-na.com E-mail: don-america @ dome-corp-na.com BOND # 493 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, DOME CORPORATION OF NORTH AMERICA 5450 East Street. Saginaw, Michigan 48601 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore Maryland a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto Highway Dept., Peconic Lane, Peconc, NY 11958 Southold Town as Obligee, hereinafter called the obligee, in the Sum of Five Percent of Attached bid - - ( 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Salt_S_tora_ge Building Peconic Lane just North on State Route 25 NOW, TItEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with thc Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of December, 1999. DOME CORPORA AMERICA Ross A. Lake, President ~ ~ F, DEL,TV A.D DEPOS,T CO#PANV? MAR. ND ~ Sahd~a A.~cche.c~,tAttb'5"~'--ltnCi~ct~ ~. AIA DOCUMENT A310. BID BOND. AIA. FEBRUARY 1970 ED. TItE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 16th day of December, in the year of 1999, before me personally came Ross A, Lake to me known, who, being by me duly sworn, did depose and say (s)he resides in Frankenmuuth, MI; that (s)he is the President of the DOME CORPORATION OF NORTH AMERICA , the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by the order of the Board of Directors of the said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC SAG h~ E:)k:,tTv, MI SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this 16th day of December, 1999, before me personally came Sandra A. Schenck to me known, who being by me duly sworn, did depose and say, that (s)he resides in Buffalo, N.Y.; that (s)he is an Attorney-in- Fact of Fidelity And Deposit Company of Maryland the corporation described in, and which executed the within instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that itwas so affixed by order of the Board of Directors of said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidants specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, conUacts, agl~ements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company there{of CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, ~ru? and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically rcproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and aff'rxed the corporate seal of the said Company, this 16th December 1999 day of Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER in pursuance of authority granted by Article VI, Section 2, of~ reverse side hereof and are hereby certified to be in full constitute and appoint Christopher D. Ross, Robert Wilson, all of Buffalo, New York, EACH its true deliver, for, and on its behalf as surety, and as its act such bonds or undertakings in pursuance of these all intents and purposes, as if they had been Company at its office in Baltimore, Md., of Kathleen C. Kennedy, etal, The said Assistant Secretary does Article VI, Section 2, of the By-Laws o IN WITNESS WHEREOF, the affixed the Corporate Seal of the said ~ A.D. 1998. and T. E. SMITH, Assistant Secretary, which are set forth on the hereof, does hereby nominate, Sandra A, Sehenck and Dawn execute, seal and undertakings and the execution of upon said Company, as fully and amply, to regularly elected officers of the ~ revokes that issued on behalf set forth on the reverse side hereof is a true copy of i now in force. Assistant have hereunto subscribed their names and this 25th day of June, ATTEST: )EPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary W. B. Walbrecher Vice-President State ofMaryland } County of Baltimore ss: On this 25th day of June, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding insU'ument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal afl'[xed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instmmant by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader // v Notary Public My Commission Expires: August 1, 2000 L1428~132-6800 Com~a~es FIDELITY AND DEPOSIT COMPANY P,C. Box 1227. B~¢'~Mc~e, MD 21203 St~tement of FinancJaJ Condition As Of December 31, 1998 ASSET8 Bond: .............................................................................. S 333,7d9,328 Stoc~ ..................................................................................... 370,203,910 Re21 E~ta~e ................................................................................. 2,$26,6 [ 3 C~h Ln Bank~ and O~.ces and Short Teem L~ves~ment~ ...................................... $2,537.967 . ~remiums [n Ccmrse Of CoLlection (ios~ than 90 c[~ys olaf) ....... Rcins~r~mce a~d Other Accc:unts l%¢¢iv~bl.~ ................................................ 34,57 i,[37 To'~,~. A~] ~,~ A~s~= .................................................................. $ ~33,342,$~1 LL~_BIL~'IZS, $~LU$ Ah'D OTlq~R ~S ~se~ ~r Un~ed ~u~ ............................................................. $ i34,228,33g Rese~e for Clams ~d CI~ Ex.rises ...................................................... 262.497,564 Rese~e for T~xes ~d Ex~s ............................................................. I2, g94.1~0 ~sceH~eo~ .............................................................................. ]5,969,434 T~L~ ......................................................................... S 42~,~79.516 ~i~ St~ ~d Up ...................................................... $ 5,ooo.o00 Su~lus ..................................................................... 401,763,045 Su~t~ ~ 're~ ~whol~rs ............................................................ 4~.76J,04J Tor~ ................................................................................... $ g33,342,561 Sec~ide~ ~ed ~ ~20,139,000 in ~e abov~ statement ~e de.sited ~ requked by law. Sec~ifies c~ed on ~e ~is p~d t~ ~a Nadon~ ~i~ion of~r~ce Co~ssioners. On the b~is of D<em~t 31. 1998 m~t ~o~ion~ ~t ~1 ~n~ ~d st~ o~e& ~e Comp~s tot~ ~ed =sa~ ~d ~ 5840.802,150 ~d ~1~ m re~& ~hol&r~ $414,222.634. I. 1o~ Z G~ Tre~er ot ~e ~rrv ~ D~a~ Co~ o~ ~. do her~ ~' d~a[ the foregoing s~tement is a co~t e~Mt ~ the ~ets ~d Ii.JiffieS ~ the s~d Comply on ~e 3 l~ ~y of Decem~r, 199g. £t~te of M.aryland City 0£ Baltfmor¢ } SS: .® TO: FROM: DATE: RE: MEMORANDUM BETTY NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY~;~. MARY C. WILSON, ASSISTANT TOWN ATTORNEY~ MARCH 9, 2000 EXECUTED AGREEMENTS Transmitted herewith is (1) one fully executed agreement with Carter-Melence for the construction of the dome style salt sand storage building. AGREEMENT THIS AGREEMENT, made this ~- day of March 2000, between the TOWN OF SOUTHOLD, a municipal corporation of the state of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971, hereinafter called the "Town" and Carter-Melence, Inc., P.O. Box 907, Sound Beach, New York 11789, hereinafter called the "Contractor". WHEREAS, the Town of Southoid did heretofore request and receive a proposal from the Contractor to perform all the work required to perform, construct, install, complete and deliver a prefabricated "dome style" salt sand building to serve the Southold Town Highway Department, Peconic Lane, Peconic, New York 11958, in the amount of Seventy-eight Thousand Three Hundred and Thirty-three dollars ($78, 333) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the December 21, 1999. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to perform, construct, complete, deliver a prefabricated "dome style" salt sand storage building to serve the Town of Southold Highway Department, located at Peconic Lane, Peconic, New York 11958, in accordance with the certified plans, specifications, contractor's proposal and all conditions set forth in the document entitled "Invitation to Bidders: Construction of a Prefabricated "Dome Style" Salt Sand Storage Building" dated September 27, 1999; revised December 8, 1999 which are annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of Seventy-eight Thousand Three Hundred Thirty-three dollars ($78, 333) the total sum to paid to the Contractor for the performance and installation of the prefabricated "dome style" salt sand storage building within thirty (30) days of the completion of said work and the acceptance thereof by the Town. 3. It is hereby understood and agreed by and between the parties hereto that the funds for performance of the work provided for herein are provided in total by the Town of Southold and that accordingly, the Contractor does hereby agree to comply with all of the requirements as described in the "Specifications: Self Supporting "Domar" Salt Storage Building dated September 27, 1999; revised December 8, 1999. 4. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and ia 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. 5. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold ~ By B~u r p.~hy, D~ep~~ow~n Supervisor Carter-Melence, Inc. President Donald J. O'Hanlon ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE ADOPTED AT A REGULAR MEETING OF HELD ON DECEMBER 21, 1999: FOLLOWING RESOLUTION WAS THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Carter-Mellence, Inc. for the construction of a Prefabricated "Dome Type" Salt Sand Storage Building at the Southold Town Highway Department, Peconic, New York in the amount of $78,333, all in accordance with bid specifications, and subject to the approval of the plans. ~A. 'N~ Southold Town Clerk December 21, 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 12, 2000 Ross A. Lake, President Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 Dear Mr. Lake: The Southold Town Board at their regular meeting held on December 21, 1999 accepted the bid of Carter-Mellence, Inc. for the Dome Salt/Sand Storage Building in the amount of $78,333.00. A certified copy of this resolution is enclosed. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk EncJosures cc: Raymond L. Jacobs Superintendent of Highways 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 January 12, 2000 Donald J. O'Hanlon, President Carter-Mellence, Inc. Post Office Box 907 Sound Beach, New York 11789 Dear Mr. O'Hanlon: The Southold Town Board at their regular meeting held on December 21. 1999 accepted your bid for the Dome Salt/Sand Storage Building in the amount of $78,333.00, A certified copy of this resolution is enclosed, Thank you for submitting your bid. Very truly yours, Southold Town Clerk Enclosures cc: Raymond L, Jacobs Superintendent of Highways ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD RE-BID FOR CONSTRUCTION OF SALT/SAND DOME BID OPENING: 10:00 A.M., THURSDAY, DECEMBER 16, 1999 TWO (2) BIDS WERE RECEIVED: Dome Corporation of North America $78,480.00 5450 East Street Saginaw, Michigan 48601 517 777-2050 $78,480.00 2o Carter-Melence, Inc. PO Box 907 Sound Beach, NY 11789 631 744-0127 $78,333.00 Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 (517) 777-2050 (517) 777-21477 Fax Web Site: http://www, dome-corp-na.com E-mail: dcn-america~,dome-corp-na, com December 16, 1999 RE: Salt Storage Dome Town of Southold, New York Dome Corporation of North America has a one-year guarantee on the building. There is a five-year guarantee on the roofi The roof guarantee includes material and labor. We will supply manufacturers warranty of twenty-five years for shingles. This is effective from date of acceptance of building Sincerely, ~ Ross A. Lake, President Dome Corporation of North America RAL: bp Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 (517) 777-2050 References Mr. Ron Scott, Project Manager Commonwealth of Kentucky Division of Real Property 1219 Wilkinson Blvd. Frankfort, Kentucky 40601 (502) 564-3040 Salt/Sand Storage Buildings - (4 Domes) July 1995 - November 1995 4 - Domes during 1996 4 - Domes during 1997 4 Domes during 1998 Various domes from 1988 to present Mr. Daryl Forti Salt/Sand Storage Building - (4 Domes) St. Louis County Public Works Department September 1995- November 1995 Highway Division I - 82' diameter dome - 1997 7823 State Highway 135 1 72' diameter dome- 1997 Virginia, Minnesota 55792-2999 (218) 749-7190 Mr. Kurt Dey Columbia County Highway Department P.O. Box 875 Wyocena, Wisconsin 53969 (608) 429-2136 Salt/Sand Storage Building 116' Diameter November 1995 2 - 116' diameter domes - 1997 Tim Brown, Capital Outlay Project Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 804 371-6708 Various projects for the last ten years Bayfield County Highway Department Larry Young, Highway Commissioner PO Box 428 Washburn, WI 54891-0428 90' diameter dome on 8' high foundation wall 1999 INVITATION TO BIDDERS: CONSTRUCTION OF A PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 SEPTEMBER 27, 1999 REVISED: DECEMBER 8, 1999 INVITATION TO BID PROJECT: PREFABRICATED 50' DIAMETER "DOME TYPE" SALT SAND STORAGE BUILDING - SOUTHOLD TOWN HIGHWAY DEPT. PECONIC LANE, PECONIC, NEWYORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Prefabricated Done Salt Sand Storage Building located at the Southold Town Highway Department on Peconic Lane, in accordance with the Specifications dated 9/27/99 & revised 12/8/99, as prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, NewYork 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 AM on the, Sixteenth day of, December 1999. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: December 7, 1999 By: BY ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PREFABRICATED DOME SALT SAND STORAGE BUILDING A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONSAND 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-2 TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shal~ be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety A-lthroughA-1 B - 1 through B - 3 C-lthroughC-1 D- 1 through D- 2 E - 1 through E - 1 F-lthrough F-1 AIA Document # A310 G - 1 through G- 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H- 1 through H -2 AIA Document #A311 J - 1 through J - 1 K- 1 through K- 1 L- 1 through L- ???? M- 1 through M- 2 N - 1 through N -8 SPECIFICATIONS Building Specifications DRAWINGS Page 1 through Page 7 Framing Plan, Elevation & Details Foundation Plan, Sections & Details Sections & Details Sheet # I of 3 Sheet # 2 of 3 Sheet # 3 of 3 NOTE: To review a full set of full scale drawings for the 50' "Domar" storage building as Mfg. By Dome Corp. Of America, please contact James A. Richter,R.A. at the Southold Town Engineering Office between the hours of 8:00 AM & 3:00 PM The office is located at Southold Town Hall, 53095 Main Road, Southold, N.Y. 11971 (516) 765 - 1802 PREFABRICATED DOME SALT SAND STORAGE BUILDING C~1 PROPOSALFORM DATE: Decembe_r 16, 1999 NAME OF BIDDER: Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 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 withobt 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:Sept 27,1999 & Rev. Dec. 8,1999, 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: PREFABRICATED "DOME TYPE" SALT SAND STORAGE FACILITY TOWN HIGHWAY, PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-1 FURNISH AND CONSTRUCT A PREFABRICATED CIRCULAR "DOME TYPE" STRUCTURE FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED IN THE SPECIFICATIONS. THE TOWN OF SOUTHOLD SHALL FURNISH THE ASPHALT MAT FOUNDATION AND THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BUILDING IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Seventy eight thousand (written in words) $78,480.00 (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 consi~lered tb have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: ....... ~-~_ '~ Business Address: 5450 East Street Saginaw, Michigan 48601 Telephone Number: 5]7 777-2050 Date: December 16, 1999 PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Ross A. Lake of Dome Corporation of North America (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a Prefabricated "Dome Type" Salt Sand Storage Building @ Southold Town Highway Department, Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundrad-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 Dome Corporation of North America 21 dayof March ,19 96 (Signature~ ' PREFABRICATED DOME SALT SAND STORAGE BUILDING 'E-1 CERTIFIED COPY OF RESOLUTIONS OF DOME CORPORATION OF NORTH AMERICA The undersigned, hereby certifies that she is the duly authorized Secretary of the above corporation and is charged with the keeping of the Minutes of the said corporation and of its Seal; that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of the corporation which resolution is now in full effect and has not been rescinded or amended: Elects Ross Lake, President of the corporation in charge of construction with authority to submit bids for construction projects and to execute construction contracts on behalf of the corporation, WITNESS my hand and seal as Secretary and the seal of the said corporation this 21st day of March 1996. Bette J. Pawla~l,t'-~ Corporate Secretar~ Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 State of Incorporation New York 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 Dome Corporation of North America (Bidder) Certifies that: 1. 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: roofer ; 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: roofe~' ; 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 req~i~r¢¢l by-th, csc 4~[.2Condit~9[is. · (S~gnature of Authorized Representabve of B~dder) PREFABRICATED DOME SALT SAND STORAGE BUILDING F-1 THE AMERII N INSTITUTE OF ARCH CTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly orsanized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for th'e payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presentS. WHEREAS, the Principal ha~ submitted a bid for NOW, THEREFORE, if the Oblisee shall accept the bid ol the Principal and the Principal shall enter into a Contract with the Obllsee in accordance with the lerms ot such bid, and 8ire such bond or bom:Is as may be specified in the biddin8 or Contract Oocuments with 8ood and sufficient surety for the faithful performance of such Contract and for tile prompt payment of labor and material furnished in the prOSeCution thereof, or in the .event of the failure of the principal to enter sud~ Coat,act and give such bond or bonds, tf the Principal shall pay to the Oblts~e the difference not to exceed the penal~y hereof belwee~ the amount specified in said bid and such larser amount for which the Obllgee'may in 8ood faith contrac~ with another party to perform the Work covered by said bid, then this oblisation shall be null and void, otherwise Io remain In full force and effect. Si8nedand sealed this day of 19 (~/itness) (Principal) (Seal) ITitle) (Sure~y) (Seal) (Title) (Witness) AIA DOCUMENT ASlB · BID BONO · AIA · · FEBRUARY 1970 ED · THE AMERICAN OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. PREFABRICATED DOME SALT SAND STORAGE BUILDING G-1 ^ M E R I C A N N S T I T U T E 0 F ^ R C H I T E C T AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS 1MPOR TANT LEGAL CONSEQUENCES, CONS[IL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO IT?; MODIFICATIt)N 1987 EDITION TABLE OF ARTICLES l. 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 1 1.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 Kssociated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ~1987 by The American Institute of Architects, 1735 New York Avenue, N.W., washington, D,C,, 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the Al^ violates the copyright laws of the United States and will be subject to legal prosecutions, ~1 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscm'ed es may occur when documents am ~epmduced. A201-1987 I INDEX Acceptance of Nonconforming Work 9.66, 99 3, 12.3 Acceptance of Work . 960,982,993,9.101,9103 Aecess to Work 3.16, 621,121 Aesthetic Effec~ 4.2.13,4.51 Allowances 3.8 AppllceflonsforPaymect .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.83, 9101, 9103, 9.10.4, lt)3, 1424 Approvals 24, 333, 35, 3102, 312.4 through 3128,318.3, 42.7,932, 11.3.14, 1342, 135 Anbltrction 414, 432,434,444, 4.5, Architect 4.1 Architect, Extent of Aulhority 24, 312.6, 42, 4.3.2, 4.3.6, 94,95,963,98.2,983,9101,9103,121,1221, Architect, Limitations o f Authority and Responsibility 333,3.128, Archlteera Admlnlstraifon of tha Contract ........ 4.2,4.3.6, 43.7, 4.4, 9.4, 9.5 Architect's Approvals 24, 35 I, 3102, 3.12.6, 3.12.8, 3.18.3,427 Architect's Authority to Reject Work 351,4.2.6,12.1.2,12.21 Architect's Copyright .......................... 1.3 Architect's Inspections 4.2.2,42.9,4.3.6,9.4.2,9.8.2, Architect's Imerpretations ............. 4.2.11,4.2.12,4.3.7 Architect's On-Sit e Observatio ns ...... 4.2.2, 4.2.5, 4.3.6, 9A.2, 4.2.6, 9.63, 9.6.4, 11.37 Architect's Site Visits 422, 42.5, 4.29,436, 94.2, 9.5.1, Award of Subcontracts and Other Contracts for portloce of the Wofl< ............................. 5.2 BaMC Definitions ................................ 1.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Boiads, Performance and Payment ..... 7.3.6.4,9.10.3, 11.3,9, 11.4 Capitalization 1.4 Certificates for Payment 425, 429,933, 9.4, 95.9.6.1, Changes 7.1 CHANGES IN THE WORK 3.11,428,7, 8.3.1,93,11, 10.13 Claims and Disputes 4.3, 44, 45, 6.2.5, 8.32, 931.2, 9.3.3, 9.104, 10.1.4 Ctalma and Timely Assertion of Claims 4.5.6 Claims for Additional Coat 4.36,4.3.7,439,6.11,10.3 Claims for Additional Time 43.6,4.3.8,439,8.3.2 Claims for Concealed or Unknown Conditions 4.3.6 C!eanlng Up 3.15,63 Commencement of Statutor/Umltatlon Period 13.7 COMPLETION, PAYMENTS AND ............... 9 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ....................... 1.1.4,6 Cop4tmction Change Dlzactlves .... 1. I. 1,4.2.8, 7. I, 7.3, 9.3. I. l Contingent Assignment of Subcontracts ............ 5.4 Continuing Contract Perlormsnce 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7,5.4.].1,14 Conlract Time, Definition o~_ .......................... 8.1.1 2 A201-1987 CONTRACTOR 3 Contractor, Definition of 3.1, fi.] 2 Contractor'sBid I I 1 Contractor's Const ruction Schedules 3.10,6 I 3 Contractor's Employees 33.2,342, 381,39, 3.18,423, 4,2.6,812, 102, 103, 11.11, 14211 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separa[e Contractors and Owner's Forces 226,3125,3142,4.24,6,1225 Contractor's Relationship with Subcontractors I 2.4, 3.32, 318.1, 3.182, 5.2, 53, 5.4, 962, 11.3.7, 11.3.8, 142.1.2 Contractor's Relationship with the Architect . 1.12, 3.21,322, 3.33, 35.1, 37.3, 311, 3.1283.16, 3.18, 4.2.3, 42.4, 4.2.6, 4.2,12,5.2,6.22,73.4,98.2, 11.3.7, 12.1, 135 Contractor'sRepresentaoons. 12.2,351,3.127,6.2.2,82.1,9.33 Contractor's Responsibility for Those Per forming the Work 332, 3.18, 4.2.3, 10 Contractor's ReviewofContractDocuments . 122,32,373 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 141 Contractor'sSubmittals 310,311,3.12,427,521,523, 736,9.2,93.1,982,991,9.102, 9103, I012, 1142, I1.4.A Contractor's Superintendent 39, 10.26 Contractor's Supervision and Construction Procedures 124, ',3,54,423,822,8.2.3, 10 Contractual Liability Insurance 1111.7, 112.1 Coordination and Correlation 1.22, 124, 331, 3.10, 3127, 613, 6.21 Copras Furnished o f Drawings and Specifications. 1.3,2,2.5,3.11 Correction of Work ........... 23,2.4,4.2.1,9.8.2, 991, 12.12, 12.2, 13.7.13 Cost, Definition of ......................... 7.3.6, 14.3.5 Costs 2.4,32.1,37.4,382,3152,4.3.6,4.3.7,4.3.8.1,5.2.3, 611,623,63,7.333,7.3.6,737,97,9.82,9.10,2,11.3.12, 11.3.1.5, 11.3,4, 11.3.9, 121, 12.2.1, 12.24, 12.25, 135, 14 Cutting end Petohlng ....................... 3.14,6,26 Damage to Construction of Owner or Separate Coot rectors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10,3, 11.1, 11.3, 12.2.5 Damage to the Work .... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for., 3.18,4.3.9,6.1.1,6.2.5,8.3,2,9.5.1.2, 10.1.4 Drainages for Delay .................... 6. I, 1, 8.3.3, 9.5.1.6, 9.7 Date of Commencemem of the Work, Definition of ........ 8.1.2 Date of Substantial Completion, Definition of ............ 8.1.3 Day, Definition of ............................. 8.1,4 Decisions o f the Architect ..... 42.6,4.2.7,4.2.11,4.212,4.2,15, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 73.8, 8.1.3, 8.3,1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 1352, 1422, 14.2.4 D~clelone to Withhold Co~tlflcatlon .... 9.5,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, RejectionandCorrecOonof ........ 2,3,2.4,351,4.21, 4.26, 4.3.5, 9.52, 9.8.2, 9.91, 10.25, 12, 13.7.13 Defective Work, Definition of 3.5. I Definitions .... 11,2.1.1,3.1,351,312.1,3,12.2,312.3,4.11, 431, 5.1, 61.2, 7,2 l, 7.31, 73.6, 8.1,9.1, 9.8.1 Delays end Extensions of Time ...... 4.3.1,4.3.8.1,4.3.8.2, 61.1, 6.2.3, 72.1, 7.31, 7.3.4, 7.3.5, 7.3.8, 7.3.9,8. I.I,6,3, 10.3.1, 14.1.1.4 Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.25, 6.3, 7.38, 93.1.2 Documents and Samples at the Site .................... 3.11 Drawings, Definition of .......................... 1.1.5 Drawings and Specifications, Use and Ownership of ..... 1. I, 1, 1,3, 2.2.5, 3.1 I, 5,3 Duty to Review Contract Documents and Field Conditions ..... 3.2 Effective Date of Insurance ...................... B.2.2, 11.1,2 Emergencies 437, 10.3 Employees, Contractor's h 3.2, 342, 38.1,39, 318 I, 5182,423,426,8 I 2, 102, 103, 11.1 l, 14211 Equipment, Labor, Materials and I I ~, I 1.6, 34, 35,1, 382. 3.123, q 127,31211, 313, 315t,427, 621,736.932,9.5.5, 11 ~,, 1224, 14 Execution and Progress of the Work 1.1.3, 123, 32, 34 l, 3.51,42.2,423,434,438,622,713, 739,82,83,95,991, 1(12, 142, 14 :~ Execution, Correlation and Intent of the Contract Documents 1.2, 371 ExtensionsofTime 4.3.1,438,721.3,83,1031 FailureofPayment by Contractor 9513, 14.2.1.2 Failure of Payment by Owner 437,97, 14.13 Faulty Work (See Defective or Nonconforming Work) Final Completlo{1 end Final Payment 42.1,4.29, 432, 435,9.10, 1112, 1113, 1135, 1231, 137 Financial Arrangements, Owner's 2.2.1 Fire and Extended Coverage Insurance I I 3 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.], 10.2.4 Identification of Contract Documents 1.2 l Identification of Subcontractors and Suppliers 5.2.1 Indemnfficetlon 317,3.19, 9102, 1014, 11.3.12, 11.37 Information ~ncl Servlcee Required of the Owner 2 I 2,2,2, 4.3.4, 6.13, 61.4, 6.2.6, 9,3.2, 9.6,1,964, 9.8.3, 9.9.2, 9.10.3, 10.1.4, 112, 11.3, 13.51, 13.5.2 Injury or Damage to Person or Property 4.3.9 Inspections ............... 3.3.3, 3.3.4, 3.7.1,4.2.2, 4.2.6, 4.2.9, 43.6, 9.4.2, 9.82, 9.9.2, 910.1, 13.5 Instructions to Bidders 111 InstrucOonsto the Contractor . 381,428, 521,7, 12.1, 13.5.2 Insurance ....... 4.3.9.61.1, 7.3.64,932,982, 99.1,9.10.2, 11 In~.umnce, Boiler end Machlne~/ 11.3.2 Inaurence, Contractor's Liability ........... 11.1 Insurance, Effective Date of ......... 8.22, 11.1.2 Ineumnce, Loes of Ocs 11.3.3 In~umrm~, Owner's Liability 11.2 In~umn~, Pro~rty ..................... 10.25,11.3 Insurance, Stored Materials 9.3.2,11.3.1.4 INaU~N~ ANO BONDS ..................... 11 h~urance Companies, Consent to Partial Occupancy . 99.1, 11.3.11 Insurance Compallies, Settlement with ........... 11.3.10 Intent of the Contract Documents I 2.3, 3.12.4, 42.6, 4.27, 42.12, 4.2.13, 7.4 Interest 13.6 Interpretation ..... ] 2 5, 1.4, 1.5, 4.1 1,4 3 1,5 1,6 1.2,8,1.4 Interpretations, Written 4.211,4.212,4,3.7 Joinder and Consolidation of Claims Require~l 4.5.6 Judgment on Final Award ....... 451,4541,4.5.7 Labor and Materials, Equipment I 1 3, I 1.6, 3.4, 3 5.1,3.8.2, 3.12.2, 3.12.3, 312.7, 31211, 313, 315 I, 4.2.7, 6.21, 7.3.6, 932, 9.33, 12.2.4, 14 Labor Disputes 8.31 Laws and Regulations 1.3,3.6,3.7,313,4.1.1,4.5.5,4.5.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens .................. 2.1.2, 4.3.2, 43.5.1,8.2.2, 9,3.3, 9,10,2 Umltaflon on Cotmoll~latlon or JOinder ................ 4,5.5 Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 Limitations of Authorlly .................... 3,3.1,4.1.2,4.2.1, 4.2,3, 4.2,7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 A201-1987 3 I.imitationsolLiability 23,321,3.51,373,3128,31211, ~ 17,3 Iff, 426,427,4212,6.2.2,942,96.4,9104, 382, 310, 3125, 3151, 4.2 I, 427, 4211, 4.32, 453, 434.4 '~6, 439, 45 q 2, 521, 523, 624, 7.3.4, 74, 92,931,933,941,961,97,982,9102, 1113, 1136, Lose of Use Insurance 11.3.3 93. t, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.104 736, 932,933, 1224, 14 Mlnor Changes in the Work 111,428,437,71,7.4 MISCELLANEOUS PROVISIONS 13 Mutual Rseponslblllty 6.2 Noncontun~lng Work, Accaptsnce of 12.3 Notice 2.3, 2.4, 3.2.1,3.22, 3.7.3, 37.4, 3.9, 3.12.8, 3129,3.17,43,44.4,45,52.1,5.3,5411.8.2.2,941, Notice, Written 2.3,2.4,39,3.12.8,3.12.9,4.5, Notice of Testing and Inspections ............. 13.51,13.5.2 NOlle. Perffilts, F~8 snd ..... 2.2.3,3.'I, 313,7.3.6.4, 10.2.2 Occupancy ................... 9.6.6,9.8.l,9.9, 11.3.11 On Site lnspecOons by the Architect 4.2.2,4.2.9,4.3.6, 942, 9.82, 9.9.2, 9.101 On Site Observations by the Architect 4.2.2, 4.2.5, 4.36, OWNER 2 Owner, Definition of 2.1 Owner, Information and Servlcse Required of the ...... 2.12, Owner's Liability Insurance ................. 11.2 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2,2 Owr~r's Rl~ht tu Clash Dp ............................ 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 143 Ownership and Use of Architect's Drawings, Specifications and Other Documerds I I 1,1.3,225.$3 Partial Occupancy or Use 966, 9.9, 113 I I Patching, Cutting and 3.14, 6.2 (3 Patents, Royalties and 3.17 Payment, Applications for 425, 92, 9.3, 9q. 9.51,983,9101,9103,9104, 1424 Payment, Certificates for 425, 4.2.9, 93.3,g.4, 95, Payment, Failure of 437,9513, Payment, Final 421,429,432,4.3.5,9.10,11 I 2, Payment Bond, Performance Bond and 7364, Payments. Progress 434, 93, 96, 983,9103, 136, 1423 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 542,951.5, 962, 963, 964, 1138, 142 I 2 PCB 101 Performancc Bond and Payment Bond 73.64, Psrmlta, Fsss and Notices 2.2.3,3.?, 3.13, 7364, 1022 PERSONS AND PROPERTY, PROTECTION OF ....... 10 Polychlorinated Biphenyl 10.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3. I 1,3.12, 4.27 Progress and Completion 4.2.2, 4.3.4, 6.2 ~ro~rese Payments 43.4, 9.3, g.6, 98.3, 9103, 13.6, 1423 $~ro}~l Msnus{, Definition o f t he 1.1.? Project Manuals .......................... 2.25 Project Representatives. .................. 4.2.10 larol~tW Irmurnnc~ ........................ 102.5,11.3 PROTECTION OF PERSONS AND PROPERTY .......... 10 Rejection of Work 3.5.1,4.2.6, 122 Releases o f Waivers and Liens 910.2 Representations 1.2.2, 351,3.12.7, Representatives 21.1,3.1.1,3.9, Resolution of Claims and Disputes 4.4, 4.5 Responsibilit y fnr Those Performing the Work 3.3.2, 4.2.3,613,6.2, IO Retainage .......... 9.3.1,9.6.2,983,991,9102,9103 Review of Contract Documents and Field Conditions by Contractor ........ 1.2.2,3.2, 373, 3127 4.2.7, 4.2.9, 521, 5.23, 9.2, 982 Review of Shop Drawings, Product Data and Samples by Cont factor .................. 3.125 Right. and Remedies ............. I 1.2, 2.3, 2.4, 3,51,3.15.2, Royaltlse and Patents ............................... 3.17 Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Pracautlons and Programs 423,~ 27,10.1 Samples, Definition of 312 / Samples, Shop Drawings, Product Data and 3.1 l. 3.12, 427 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 931 Schedules, Construction 5 I 0 Shop Drawings, Product Data and Samples 3.11,3.12, 427 Site, Use of ........ 3.13,6.1.1,6.21 Site Visits, Architect's 4.22, 4.2.5, 4.29, 436, 9.42, 9.51, 9.8.2, 99.2,9101, 135 Special Inspections and Tes0ng 4.26, 1221, 135 Speolflcatlons, Definition of the 1.1.6 SUBCONTRACTORS 5 423, 5.3, 54 Subcontractual Relations 5.3,54,9312,962, Subrogation, Waivers of ............... 6.1.1, 11.3.5, 11.3.7 Substantial Completion ......... 4.2.9,4.3.5,2,8.11,8.13, Substitution of the Architect 413 Subsurface Conditions ........................... 4.3.6 Succes~ora and Assigns ..................... 13.2 Superlnta~dent ............................... 3.9, 10.2.6 Supervlalon and Construction Procedu rae ..... 1.2.4,3.3,34, Surety ........... 4.41,4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Conaent of ................ 9.9.1,9A0.2, 9.10.3 Surveys 2.2.2, 3.183 Suspension by the Owner for Convenience 14.3 Taxes 3.6, v ~ 64 Termination by the Contractor 14.1 Termination by the Owner for Cause 5 .i I i 14.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 &lA OOCOldENT &20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, l '/35 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACF FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documcms consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract, A Modifi cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements) 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations, The Work may constitute the whole or a part of the Project, 1.1.4 THE PROJECT The Project is the total construction of which the Work per formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- 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 Thc Comract Documents shall be signed by tile Owner and Contractor as provided in the Agreemem If either tile 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 tile Contract Documents. 1.2,3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu ments and reasonably inferable from them as being necessary to produce the intended results, 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAV,1NGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, 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 copie~ thereof furnished to the Contrac- tor, are for use solely with re,peet to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 WARNING: Unlicensed 1341otocol~ylnCl violates U.S. colw~qht lav~ and I. ~ul:~ to legal plo~ec~flon. license to use and reproduce applicable portions of the Draw ings, Specifications and other documents prepared by thc Architect appropriate to and for use in the execution of their this license shah bear the statutory copyright notice, if any, shown on tbe Drawings, Specifications and other documents prepared hy 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 dcroganon of thc Mchitcct's copyright or otber reserved 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these' General Conditions include those which are (1) specifically defined, (2) the titles of num bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles bf other documents published by tbe American institute of Architects 1.5 INTERPRETATION 1.5.1 In ~he interest of brevity the Contract Documents fre- quently ();alit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2,3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- facilities be furnished by the Owner with reasonable prompmcss to avoid delay in orderly progress of thc Work 2.2,5 Unless otherwise provided in thc Contract Documents, thc Contractor will be furnished, frec of charge, such copies of exccufion of thc Work 2,2.6 The foregoing are in addition to odaer duties and respon sibi]ities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article I } (Insurance and Bonds) 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac tot 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 sucb 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 witbin a second seven-day period. If the Contractor within such second seven day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deft- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to tile Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Tfie Contractor shall carefully study and compare the furnished By the Owner pursuant to Subparagraph 222 and omissk)ns discovered Thc Contractor shall not be liable to thc Owner or Architect for damage resulting from errors, inconsis tencies or omissions in the Contract Documents unless the Comractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con tor shall assume appropriate responsibility for such pcrfor 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur suant to Paragraph 3.12 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct thc 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 3.3.2 The Contractor shall be responsible to thc Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing 3.3.3 The Contractor shall not be relieved of obligations to per either by activities or duties of the Architect in the Architect's approvals required or performed hy persons other than the 3.3.4 The Contractor shall he 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 necessary for proper execution and completion of the Work, rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good carrying out the Contract, The Contractor shall not permit employment of unfit persons or persons not skilled in tasks 3.5 WARRANTY 3.5.1 Thc 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 wd by Iht Contract Documems, that the Work will be free from defects not inherem in tfie quality required or permitted, and that ti~c Work will conform with thc requirements of the Contract Documems. Work not conforming to tbese requin-- mcnts, including substitutions not properly approved and 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 wben bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Comract Documents, tfie Contractor shall secure and pay for the building permit and other pcrmils and governmental fees, licenses and inspections and which are legally required when bids are received or nego- 3.7.2 'l'he Comractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on perfi~rmance of the Work. 3.?.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with appIicable laws, statutes, ordinances, building codes, and rules and regula- tions, However, if the Contractor observes that portions of the shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and 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 die Contract Sum all by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection, 3.6.2 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; materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 .3 Comr:lctor's costs fi)r unloading and handling at file site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts sfiall bc included in the Contract Sum and not itl the allowances; .4 whenever costs are more than or less than allowances, tile Contract Sum shall be adjusted accordingly hy Change Order The amoum of the Change Order shall reflect (1) the difference between actual costs and tile alk/wanccs under Clause 38.22 and (2) changes in Contractor's costs under Clause 3.823 3.9 . SUPERINTENDENT 3.9.1 Tfic Contractor shall employ a competent superinten dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con tractor. Important communications shall be confirmed in writ lng Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for thc Owner's and Architect's informatkm a Comractor's construction schedule for the Work, The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi cable execution of the Work, 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi hated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules, 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These Shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work, 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for thc Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per fi)finance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for lo confimn lo the infi)rmation given and tfie design concept is subject to the limitatk)ns of Suhparagrapfi 42.7 3.12.5 The Contractor shall review, approve and submit to t fie Architect Shop Drawings, Product Data, Samples and similar submittals required by thc 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 thc Contractor which are not 3.12.6 Thc Contractor shall perfi>rm aD portion of tfie Work reqmring subminal and review of Sfiop Drawings, Product Iai has been approved by the Architect Such Work shall be in 3.12.1 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field will do so, and has checked and coordinated the information contained within such submittals with the reqmrements of the Work and of the Contract Documents, 3.12.6 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omisskms in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi tect's approval thereof. 3.12.0 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by 3.12.10 Informational submittals upon which the Architect is 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contradt Documents and shalI 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- tor shall not cut or otherwise alter such construction by the A201-1987 9 Owner or a separate contractor except with written consent of the Owper and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea sonab]y withhold from the Owner or a separate contractor the 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises m~d surround lng area free from accumulation of w~te materials or rubbish Work the Contractor shall remove from and about the Project equipment, machinery' and surplus materials 3.15.2 If the Contractor fails to clean up as provided in thc thereof shall be charged to the Comractor 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod uct of a particular manufacturer or manufacturers is required by 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 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- 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, dram age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itselt) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica tion obligation under this Paragraph 3.18 shall not be limited by 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- tects consultants, and agents and employees of any of them arising ()ut of(l) the preparation or approval of maps, drawings, opinkms, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or thc failure to give directions or instrucfions 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 inju~ 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 representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea sonably withheld 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract DoCuments shall be that of the former architect, 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration, 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (l) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from tinge to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3,3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho rized, the Owner and Contractor shall endeavor to communi cate through the Architect Communications by a~ad with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amoums. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents Whenever the Architect considers it necessary or advisable for implementa tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.53, 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 take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu merits. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, 4.2.$ The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.~ 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.~'.10 If the Owner and Architect agt'~e, 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 m~d decide matters concern lng performance under and requirements of the Contract Documents on wbtten request of either the Owner or Contrac tor. Thc Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement ~s made concerning the time within which interpretations required of the Architect shall be fur nished in compliance with this Paragraph 42, then delay shall not be recognized on account of failure by thc Architect to fur nish such interpretations until 15 days after written request is made for them 4.2.12 Imerpretations and decisinns of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations m~d decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice, The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.$ Time Llmlt~ on Clelm$. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA [~}C~J~e. NT A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 19B7 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 2(R)O6 WARNING: Unllceft~ed photo~oflylng violate~ U.S. copyright law~ and I~ ~ to legal pn~e~ztlon. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final rcs() 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. Thc making of final payment shall constitute a waiver of Claims by thc Owne: except those arising from: .t liens, Claims, security interests or encumbrances aris lng ()ut of the Contract and unsettled; .2 failure of the Work to comply witb the requiremems of thc Contract Documents; or .3 terms of special warranties required by the Contract Documents 4.3.6 Claims for Concealed or Unknown Conditions. If con ditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ materi agy from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi tect will promptly investigate such conditions and, if they diff~'r materially and cause an increase or decrease in the Contractor's cost of, or time required ft)r, 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 tbose 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, statiog the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract 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 Dy 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 Arcbi tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increa, se in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data perk)d of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suft~rs injury or damage to person or property because of an act or omission of the other party, of any of thc other party's employees or agents, or of others for whose acts such party is legally liable, written nofice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance The notice shall provide sufficient detail to cnaDIc thc other party to investigate the manet. If a Claim for addi tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 438 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt ora Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of tile 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 documentanon. 4.4.3 If a Claim has not been resolved, the party making the Clalrn shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both, If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolvillg the controversy. 4.5 ARBITRATION 4.5.1 Controveralas and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 4.5.2 Rules snd Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, il' subject to arbitration under Subparagraph 4.5,1, be decided by arbitration in accordance with the Construction Industry Arbitmfion 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 Associatinn, and a copy shall be filed with the Architect 4.5.3 Contract Perrormenee During Arbitration. During arbi tration proceedings, the Owner and Contractor sball comply with Subparagraph 43.4 4.5.4 When Arbitration Msy Be Demsnded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on whicb the Architect has rendered a final written deci sion on the Claim, (2) the tenth day after the parties have pre seined 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 4.32. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a 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 4.5.4.2 A demand for arbitration shaJ] be made within the time limits specified in Subparagraphs 4.5,1 and 4.5.4 and Clause 4,5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Para_graph 13.7. 4.5.5 Limitation on Consolidation or Jolnder. NO arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consofidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac tot as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. Nc) person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included a~s an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be speciftcally enforceable under appli- cable law in any court having jurisdiction thereoL 4.5.6 Claims and Timely Assertion of Claims. A party who demand all Claims then known to that party on which arbitra don is permitted to be demanded. When a party fails to include 4.5.'I ,Judgment on Final Award. Thc award rendered by thc arbitrator or arbitrators shah be final, and judgment may bc having jurisdiction thereof 5.1 ARTICLE 5 SUBCONTRACTORS DEFINITIONS 5.1,1 A Subcomractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor, The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor 5.1.2 A Sub-subcomractor is a person or entity who ha~s 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-subcomractor or an authorized representative of the Sub subcontractor 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entL ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The (-N)mract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. ~ DOCUM~{~F{' A~01 "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · © i9fl7 THE AMERICAN INSTITUTE OF ARCHITECTS, ] 735 NEW YORK AVENUE, N W,, WASHINGTON, D,C 2ooo6 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.91 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 Subeomractor, to be bound to the Contractor by terms of the Contract Docu merits, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu merits, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect thc rights of the Owner and Arcbitect under tbe Contract Documents with respect to the Work to be performed by the Subcontractor st) that subcontracting thereof will not preiudice 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 tbat thc' Contractor, by tbe Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement whicb may be at variance with the Contract Documents. Subcontractors sball similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 6.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of tile Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the dght 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 became of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 Thc Owner shall provide for coordination of the acuw ties of the Owner's own forces and of eacb separate contractor with the Work of the Contractor, wbo shall cooperate with thent. The Contractor shall participate with other separate con tractors and the Owner in reviewing their construction sched- ules when directed to do so The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement The construction schedules shall then constitute the schedules to be used by the Contractor, separate comractors and thc Owner until subsequently revised 6.1.4 Unless otherwise provided in tile Contract Documents, when the Owner performs col~structk)n or operations related lo the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi ties :md shall connect and coordinate the Contractor's con struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2~5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 314 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 marntaining the prenaSes and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may bc accomplished after cxccu lion of tbe Contract, and without invalidating the Contract, by Change Order, Constructkm Change Directive or order for a minor change in the Work, subject to the limitatkms stated in tt~is Article 7 and elsewhere in lhe Contract Documems 7.1.2 A Change Order shall bc based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by tile Owner and Architect and may or may not be agreed to hy the Contractor; an order fi)r a minor change iu lhe Work may be issued by tile Architect 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and tbe 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 arc stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- tempiated are so changed in a proposed Change Order or Con struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Comractor, the applicable unit prices shall bc 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 tbe adjustment in the Contract Sum, if any; and .3 the extent of the adiustmem in the Contracl Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi lions, 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; age fee; or .4 as provided in Subparagraph 736. 7.3.4 Upon receipt of a Construction Change Directive, tile Comractor shall promptly proceed with the change in thc Work involved and advise tbe Architect of the Contractor's agreemem or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro 7.3.5 A Construction Change Directive signed by the Contrac method for determining them Such agreement shall be effec live immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, thc method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of tbose performing the Work attributable to the change, indud lng, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.33, the Contractor shall keep and present, in suct~ form as the Mchitect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.36 shall be limited to the following: .1 costs of labor, including social security, old age and unemploymem insurance, fringe benefits required by compensation insurance; .2 costs of materials, supplies and equipment, includ .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .$ additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on thc basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be rdferred to the Architect for determination. 7.3.{} When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A~ ~ A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA* * © 19B7 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~,5 NEW YORK AVENUE. N.W., WASHINGTON, D.C 20006 WARNING: Unllcens~l photocopying violates U.S. copyright lav,~ and Is ~ul~ to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority ti) order minor changes in tlTte Work not involving adjustment in thc Contract Sum or extension of the Comract Time and not inconsistent with the intent of the Contract Docunqents Such changes shall he effected hy written order and shall be hmding on the Owner orders promptly ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Comract Time is thc period of time, including authorized adjuslmcnts, alloncd in thc Con tract Documents for Substantial Completkm of thc 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.$ Thc date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 98. 8.1.,4 The term "day" as used m the Contracl Documents shall mean calendar day unless otherwise specifically defined 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Comract Time is a reasonable period for performing the Work, 9.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com~ mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests 9.2.3 The Contractor shall proceed expeditiously with ade quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or .~rchitect, 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 authorized by thc Owner pending arbitratinn, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such S.3.2 Claims relating to time shall he made in accordance with applicable provisions of Paragraph 4.3. S.8.8 This Paragraph 8.3 does not preclude recovery of dam ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 Thc Contract Sum is stan'd in ibc Agreement and, includ- ing attthorized adiustments, is tbe mud aml)unt payahlc hy the 9.2 SCHEDULE OF VALUES 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Comractor shall submit to the Architect an itemized Application for Payment for operations completed tn accordance with the schedule of values Such application shall be notad?£d, if required, and supported by such data or Architect may require, such as copies of requisitions from Subcontracn)rs and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documems 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly included in Change Orders. 9.3.1.2 Such applications may not include requests for pay Subcontractor or material supplier because of a dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall he made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made fi)r materials and equipment suitably stored off the site at a location agreed upon in writing. shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Comractor warrants that title n) all Work covered by an Applicatkm for Payment will pass to thc Owner no later than upon submittal of an Applicatkm 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 favor of the Contractnr, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AIA ~{X~UM~NT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ¢, FOURTEENTH EDITION AIA~ · ~)t987THEAMERICAN[NSTITtITEOFARCHITEeTS, 1735NEWYORKAVENUE, N.W.,WASHlNGTON, D~C. 2GO06 duc, or notify the Contractor and Owner in writing of thc part a,s provided in Subparagraph 95 1 9,4.2 Thc issuance ora Certificate lk)r Payment will constitute a representatKm by the Architect to thc Owner, based on thc Architect's observations at the site and the data comprising thc Application fi)r Payment, that the Work fias progressed to thc point indicated and that, to the best of the Archileci's knowl edge, informafion and belief, quality of thc Work is in actor and to specific qualifications expressed by the Architect The issuance of a Certificate for Payment will further constitute a merit will not be a representation that the Architect has (1) quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) and material suppliers and other data requested by the Owner to substantiate the Comractor's rigfit to payment or (4) made tot has used money previously paid on account of the Contract 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 thc Architect's opinion the representations to the Owner required by Subparagraph 9.4,2 cannot be made If the Architect is unable to certify payment in the amount of the Application, the Architect wilI notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims flied or reasonable evidence indicat lng probable filing of such claims; .3 failure of the Contractor to make payments prop erly to Subcontractors or for labor, materials or equipment; pleted for the unpaid b',dance of thc Contract Sum; pleted within the Contract Time, and that the untY~id balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents, withbeld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Ccrfificate for Paymcut, similar to that provided in Subparagraphs 9.6,2, 96.3 and 964. 9.6.6 A Certificate for Payment, a progress payment, or partial 9.7 FAILURE OF PAYMENT 9.7.1 if the Architect does not issue a Certificate for Payment, tiffed by the Architect or awarded by arbitration, then the Con- Owner and Architect, stop the Work until payment of the extended appropriately and the Contract Sum shall be shut4own, delay and start-up, which shall be accomplished as provided in Article 7. ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or dcsig- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 WANNING: Unlicensed uhotoco~'lnq violates U.S. copyright ~ and la ~ubiect to legal p~-'utlon. A201-1987 17 hated portion thereof is substantially complete I{ the Arch. itect's inspection discfuses any item, whether or not included on tile Conreactor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac tot shall, befure issuance of the Certificate of Substantial Corn plefion, complete or correct such item upon notification by the Architect Tile Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completk)n When thc Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Complcfion which shah establish the date of Sub stantial Complefion, shall establish responsibilities of thc Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurancc, and shall fix thc nme 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 adjustment in retalnage, if any, for such Work or por- tion thereof as provided in the Contract Documents 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- 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 ~ 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 responsibiiities a~igned to each of them for payments, retainage if any, secu rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL 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 thc Architect finds the Work accept- able under the Contract Documcms and thc Contract fully per formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, infurmation and belief, and on the basis of the Architect's ohservations and inspections, thc Work has been completed in accordance with terms and conditions oi the Contract Docu- ments and that the entire balance found to be duc- the Contrac- tor mad noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further rcpresemation that conditions listed in Subparagraph 9.102 as precedent to the Contractor's being enfitled n) final pflytnent have been fulfilled 9.10.2 Neither final paymem nor any remaining retained pcrcemage shall become due until thc Contractor submits to thc Architect (1) an affidavit that payrolls, hills 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 evident 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 against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted, if the remaining balance for Work not fully com- pleted or corrected is less than retalnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por tion of the Work fully completed and accepted shall be submit ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5 9.10.4 Acceptance of final payment by the Contractor, a Sub contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in SublYaragraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall he responsible tot initiating, main- raining and supervising all safety precautions and programs ua material reasonably believed to be asbestos or polychlorinated hiphcnyl (PCB) which has not been rendered harmless, thc and report the condition to thc Owner and Architect in writing The Work in the affected area shall not thereafter be resumed tact the material is asbestos or polychlorinated biphenyl (PCB) at~d has not been rendered harmless. The Work m the affected area shall be resumed in the absence of asbestos or polychlori uated biphenyl (PCB), or when it has been rendered harmless, accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4 10.1.3 The Comractor shall not be required pursuant m Article polychlorinated hiphenyl (PCB). 10.1.4 'Fo the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consuhants and agents and employees of any of then~ from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel0 including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation sl~all 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 i 0.1,4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structu~ mad utilities riot designated for removal, relo- cation or replacement in the course of construction. 10.2.2 Thc Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and law0al orders of puhlic authorities bearing on safety of persons or property or their protection fronl damage, injury or loss 10.2,3 Thc Contractor shall erect and maimaln, as required by ablc safeguards for safety and protcctkm, including pos0ng danger signs and other warnings against haT~rcks, promulgating safety regulations and notifying owners and users of adjacent qualified personnel 10.2.5 The Contractor shall promptly remedy damage and k)ss (otber than damage or loss insured under property insurance required by thc Contract Documents) to property referred to in Clauses 10,2.1.2 and 10.2.13 caused in whole or in part by the directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.21,2 and 1021.3, except or Architect or anyone directly or indirectly employed by either of them, or by anyone fi)r whose acts either of them may hc liable, and not attributable to the fault or negligence of the Comractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 Thc Contractor shall designate a responsible member of preventinn of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, vent threatened damage, injury or loss. Additional compensa- of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 Thc Contractor shall purchase from and malntak~ in a company or companies lawfully authorized to do business in the iurisdictkm in which the Project fs 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 tx: by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for wl~ose acts any of them may be liable: ,1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts wl~ich are :koplicab~e to the Work to be performed; A201-1987 19 .2 claims {~)r damages hccausc oJ bodily injury, occupa employees; .3 claims lor damages because of bodily injury, sickness liability coverage which arc sustained (1) by a person concerning reduction of coverage shall be furnished by the 11.2 OWNER'S UABIUTY INSURANCE 11.2,1 The Owner shall be responsible for purchasing and icquircd by Ibis Paragra[)b I I 3 u) bc covered, whichever is earlier. This insurance sball include interests of the Owner, thc Work 11.'1.1.1 Property insurance shall bc on an all risk policy form and shall insure against tbe perils ol fire and extended coverage and pbysical loss or damage including, without duplication of coverage, theft, vandalism, malicious miscbicl, collapse, false- work, temporary buildings anti debris removal including dcmolitkm occaskmcd by enforcement of any applicable legal 11.3.1,2 If the Owner docs not intend to purchase such prop- the Work The Contractor may then eflkct insurance which will protect the interests of thc Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order d~e cost thereof sball be charged to thc Owner. If the Contrac- tor is damaged by the failure or neglect of tile Owner to pur- l 1.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu~ meats, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsiDle 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 thc Contract Docu meats, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Roller and Maehlnor~ Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- shall be named insureds 11.3.3 ko~ O! US~ [nsuralace. The Owner, at the Owner's waives all rigbts of action against the Contractor for loss of usc of thc Owner's property, including consequential losses due to 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order, 20 A201-1987 &lA DO~UM~'IT &~l · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 I}' waive ail rights against (1) each other and any of their subcon- 11.3.8 A loss insured under Owner's property insurance shall appear, sub}ect to requirements of any applicable mortgagee 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be cove~'d by appropriate Change Order. 11.3.10 Thc Owner ;is fiduciary shall have power to adjust and shall objecl in writing within live days after occurrence of loss made, arbitrators shall bc chosen ils provided in Paragraph 4.5. thc arbitrators will direct such distribution 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac tot to furnish bonds covering faithful performance of the Con tract and payment of obligations arising thereunder as stipu lated in bidding requirements or specifically required in the 11.4.2 Upon the request of any person or ennty appearing to be a potential beneficiary of bonds covering payment of obliga tions arising under the Contract, thc Contractor shall promptly tumish a copy of the bonds or shall permit a copy to be made ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall he uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shail promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or aher 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 Comp!e- tion of the Work or designated portion thereof, or after the date A201-1987 21 JUSt [}o{~J~t~r A~I · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA.~ · ©1987 THEAMERICAN[NSTITUTEOFAECHITECTS, 1735NEW ¥ORKAVENUE, N.W,WASHINGTON, D.C.2OOO6 paragraph 99 I, or by terms of an applicable special warranty roquired by the Contract Documents, a;ly of thc Work is found to be not in accordance with the requirements of the Contract Documems, the Contractor shall correct it promptly after Owner has previously given the Contractor a written accep tance of such condition Tbis period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by thc period of time between Substan tJal Completion and the actual performance of the Work. Tbis obligation under this Subparagraph 12.22 shall survive acccp Contract Thc Owner shall give such notice promptly aficr dis 12.2.3 The Contractor shall remove from the site porlions of of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner 12.2.4 If the Contractor fails lO correct nonconforming Work dance with Paragraph 2 4. If the Contractor does not proceed with correction of such nonconforming Work within a reason able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written sale and shall account for tbe proceeds thereof, after deducting costs and damages that should have been borne by lhe Con expenses made necessary thereby. If such proceeds of sale do Contract Sum shall be reduced by the deficiency. If payments such amounl, the Contractor shall pay the difference to lhe 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to .'he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.3 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 wa.s intended, or if delivered at or sent by registered or certified mail lO the last business address known lO the party giving notk'e 13.4 RIGHTS AND REMEDIES 13,4.1 Duties ~nd obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shalI 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 lng laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give thc Architect timely notice of when and where tests and inspec tions are to be made so the Architect may observe such proce- dures The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5. I, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ArA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC 20006 paragraph i353 13.5.3 If such procedures tbr Icstmg, inspection or approval under Subparagraphs 1351 and 135.2 reveal failure oI the portions of rue Work to comply with requirements established made necessary by such failure including those of repealed 13.5.4 Required ~crtificates of testing, inspection or approval shall, unless otherwise required hy the Contract Documents, bc secured hy thc Comractor and promptly delivered to thc Architect 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 thc Con tract Documents shall be made promptly to avoid unreasonable delay in the Work 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract F'xocu 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 thc legal rate prevailing from time to time at the place where the Project is located 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment, As to acts or failures to act occur ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3,5, the date of any correctk)n of the Work or failure to correct the Work by thc Contractor under Paragraph 12.2, or the dale of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work ~s stopped lor a period of 30 days through no act or fault of thc Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of thc Work under contract with the Contractor, fi)r ashy of thc ity having jurisdiction; emergency, making malerial unavailable; .3 because the Architect has not issued a Certificate for reason for withholding certification as provided in Subparagraph 9.41, or because the Owner has not made payment on a Certificate for Payment within .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 hum her of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed lo 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 payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and danmges 14.1.3 If the Work is stopped for a period of 60 days through agents or employees or any other persons performing portions Owner has persistently failed to fulfill the Owner's obligations seven additional days' writt<n notice to the Owner and the as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 Thc Owner may terminate thc Contract if thc .1 persistently or repeatedly refuses or fails to supply enough propcdy skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials .3 persistently disregards laws, ordinances, or rules, reg ulations or orders of a public authority having iuris .4 otherwise is guilty of substamial breach ()fa provision 14.2.2 When any of the above reasxms exist, the Owner, upon AIA O00UMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ '* ©IgHTTHEAMERI(:ANINST[TUTEOFARCHITECTS, 1?3SNEWYORRAVENUE. N.W,WASHINGTON, DC. 20006 A201-1987 23 .1 take possession of the site and ()fall materials, equip graph 54; and .3 finish the Work by whatever rea~sonable method thc Owner may deem expedient 14.2.3 When the Owner terminates the Contract for one of the rea.sons stated in Subparagraph 142 1, the Contractor shall not finished 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for tbe Archi tect's services and expenses made necessary thereby, such unpaid balance, the Contractor shall pay the difference to thc tilt' case may he, shall be certified by the Architect, upon appli- 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE ~vriting 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 incrcases in the cost of .2 that an equitable adjustment is made or denied under ~4.3.3 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) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. PREFABRICATED DOME SALT SAND STORAGE BUILDING H-1 .2 .3 Comprehensive General Liability Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate, Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION PREFABRICATED DOME SALT SAND STORAGE BUILDING H-2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 ·P[RFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA ~ I EBRUARY1970 ED · THE AMFRICAN INSTITUTE OF ARCHITECTS, 17~5 NY, AVE.. NW.,WASHINGTON, D. C. 20006 1 I FORMANCE BOND ~OW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall prompdy and failhfully perform said Contract, then this obligation shall be null and void; otherwise .l shall remain in full force and effecl The Surety hereby waives notice of any alteration or extension of hme made by the Owner. Whenever Contractor shall be, and declared by Owoer to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract ~n accordance with ~ts terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contracl or contract~ of completion arranged under this paragraph) sufficient funds to pay the cost of completion ]ess the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the firsl paragraph hereof. The term "balance of the conlract price," as used in this paragraph, shall mean the Iota[ amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner Io Conlractor A~y suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this day of 19 AIA DO~UI~4ENT A~ll · P~RI'()RMANCE BOND AND [AIIOI~ AND MATERIAL PAYMENI' BOND · AIA I~ FEBRUARY le/70 El). " THE AMERICAN INSTITUTE OF ARCHITECT.~, 17.15 N.Y. AVE., N.W,, WASHINGTON, D. C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORK~ANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PEREORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Principal, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert · sum equal to at least one-half of the contract price} Dollars ($ ), 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 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA [~OCUMBNT A31! " PERFORMANCE BONO AND LABOR AND MATERIAL PAYMENT BOND · AIA ~ FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 17]S N.Y. AVE.. N.W.. WASHINGTON. O. C. 20006 3 lABOR MATERIAL PAYMENT ~-OW. TH[R[fORE. TH[ CONDITION Of THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then Ibis obligation shall be void; olherwise it shall remain in full force and effect, subject, however, to the fol- Iowin§ conditions: 1. A claimant is defined as one having a direct con tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last o[ such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be iustly due claimant, and have execution thereon The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimanl, other than one having a direcl contract wilh the Principal, shall have given written nolice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail~ postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained [or the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as lo be equal to the minimum period of limitation permitted by such law. c) Other than m a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United Slates District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 AIA DOCUMENT A311 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · FEBRUARY 1970 Et) . THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NY. AVE, N.W..WASHIN(;TON, D. C. 4 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, as Principal and the business for the State of New York at as Surety, are held and firmly bound unto the (hereinafter called the Obligee), as Obligee in the sum of ($ ). DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of ,19__ WHEREAS, the Principal heretofore entered into a written contract with the Obligee for (hereinafter called the Principal) Corporation with an office and place of , New York, (hereinafter called the Surety), WHEREAS, said Contract provides that the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnif7 the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said contract with the period of __ years from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect. Principal BY: BY: STATE OF .) SS: COUNTY OF .) On this day of the within named to me to be in and who executed the within bond, and same. 19 before me personally appeared to me known, and known the individual described acknowledged to me that he executed the NOTARY PUBLIC PREFABRICATED DOME SALT SAND STORAGE BUILDING J-1 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: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns rem,ise, release, and fo~:ever discharge the said (OwnedContracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19__ Attest: Principal: PREFABRICATED DOME SALT SAND STORAGE BUILDING k-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING at SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEWYORK 11958 PREFABRICATED DOME SALT SAND STORAGE BUILDING L-1 Date 09/28/99 TOWN OF 80UTHOLD dAMES RICHTER TOWN OF SOUTHOLD 53095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 PRC 990764? SUFFOLK COUNTY 01 Location and Type o¢ Project PROdECT ID #: NONE SALT STORAGE BLDG. PECONIC LANE SUFFOLK COUNTY NOTICE TO CONTRACTING AGENCIES: pROdECT HAS BEEN COMPLETED/CANCELED: Date Signature Title Albany (518) 457~2744 Binghamton (607) 721-8005 BuFfalo (716) 847-7159 Hempstead (516) 485-4878 New Yonk City (212) 352-6088 Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 793-2314 White Plains (914) 997-9507 PW-200 (6-98) CONTRACT REQUIREMENTS (See Sections 220.3, 220.5) It shall be the duty of the depantment of jurisdiction to file with the fiscal officep, the classification of workens by each classification. (See Section 220.3-a) laborers. (See Section 220.3-a) of Labor. The allowable Patio of appnentices to jounney- (a) any citizen of the State of New Yonk who is qualified ~elates. (See Section 220-e(a)) (b) disability, sex or national onig~n. (See Section 220-e(b)) (c) 7. (a) 220-e(d)) (b) 220-e(d)) Section 220-a) P~-3 (4-95). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK~i~dECTS IN NEW YORK STATE INTRODUCTION: Be]ow are the major provisions of the Labor Law covering workers on public work projects. life or property. You may apply to the Bureau of Public Work for a DISPENSATION permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for not been provided to the prime contractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a Campus, Albany, New York 12240. work, the following: Occupational classification in which worked, B. Hourly wage rate paid 6. within thrity days after issuance of it's firft payroll, and every thirty days affirmed as true under penalty of perjury, as provided by Article 8, Section 220. of the NYS Labor Law. The DEPARTMENT OF dURISDICTION shall receive and WITHHOLDING OF PAYMENTS: When a complaint is filed wit~ the Commissioner of CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor pumishaDle by fine or imprisonment, or both. POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits must post in a conspicuous place notices of such coverage in a form prescribed by the Workers' Compensation Board. PW 19 (7-99) docm: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the pnevailing nates o¢ wages and supplements fop wonkens employed on public work pnojects throughout the state wii] be PW-202 (4~95) doom: lettend PW-20G (?-99) docm: letter2e YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 TOWN OF SOUTHOLD Schedule Type COMPLETE 1999A Date 09/28/99 JAMES RICHTER TOWN OF SOUTHOLD 53C95 MAIN ROAD PO BOX 1179 SOUTHOLD NY SUFFOLK COUNTY AGY OF JURIS. : TOWN NAT OF PROJECT: NEW BUILDING 11971 Prevailing Rate Case No. 9907647 O1 PROJECT ID #: NONE SALT STORAGE BLDG. PECON[C LANE SUFFOLK COUNTY Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) i-]Letter of Intent []Contract Signed I-TResolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE B(01) General Construction i-1(02) Heating/Ventilation [-1(03) Electrical (04) Plumbing 11(05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number.' Name: Address: City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) F~(01) General Construction i-1(02) Heating/Ventilation (04) Plumbing 11(05) Other Signature [] (03) Electrical Date Number 9907647 SUFFOLK 1~99A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION PAID HOLIDAYS OVERTIME SUPPLEMENTAL BENEFITS work is performed) and/or may require supplements to be paid or provided at a EFFECTIVE DATES WORKERS COMPENSATION -Proof of coverage must be on form C-105.2 (Ceotificate of Workers' Compensation Insurance) and must name this agency as a oertififcate holder. Bureau of Public Work Bureau of Public Work Albany Binghamton Buffalo Hempstead Rochester Utica 607-721-8005 716-B47-7159 516-48B-4878 716-258-4505 FAX # 518-485-1870 607-721-8004 716-847-7650 516-485-0322 716-258-4708 315-428-4671 315-?B3-2342 914-997-9523 212-352-6186 518-485-1870 (7/06/99) OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of Prevailing Rate Schedule New York State Department Labor ~e Number ....................... 9907647 SUFFOLK 1999A d K L N O ( T ( u ( v ( w NOTE HOLIDAYS PAID 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 holtd&ys. The applicable holidays are listed under HOLIDAYS: OVERTIME, The required rate of pay for these covered ho]idays can be found in the OVERTIME PAY section listings for each classification. 2 3 4 5 7 8 9 None. Labor Day. Memorial Day and Labor Day. ............................. Ose Number ............................~ 2O 22 23 24 25 26 Presidential Election Day. 1/2 Day on Presidential Election Day. Veterans Day. Day after Thanksgiving Day. duly 4th. 1/2 Day before Christmas Day. 1/2 Day before New Years Day. Thanksgiving Oay. New Year's Day. Christmas Day. Day before Christmas. Day before New Year's Day. Presidents' Day. Martin Luther King. dr. Day. ASBESTOS WORKER WAGES(per hour) Asbestos Worker ....... 7/01/1999 $ 31.61 OVERTIME: See ( C, O, T*, v ) on OVERTIME PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following peroentage of dourneyman's 4o% 50% 7o% 80% SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 19.64 Apprentices Same % as wages of $ 19.64 WAGES Rem./Abatement only* .... $ 22.00 *On mechantcial systems that are not to be scrapped. OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and Rem & Abatement $ 4.00 9-12 BOILERMAKER New York State WAGES(per hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ 33,00 Boilermaker ( 8 hour day ) ............ 34.95 OVERTIME PAY: Bee ( C, 0 ) on OVERTIME PAGE for 7-hour day. See ( D, 0 ) on OVERTIME PAGE for 8-hour day. HOLIDAYS: PAID; See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. wage. 1st 2nd 3rd 4th 6O% 65% 7O% 75% SUPPLEMENTAL BENEFITS: 5th 6th 7th Bth 8o% 85% 90% 95% (per hour worked) $ 3.96 plus 47% of wage 4-5 CARPENTER WAGES(per hour) 7/01/1999 Building: Millwright ........... $ 31.58 OVERTIME PAY: See ( B. E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 18. 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6. 11. 13. 16, 18. 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 23.89 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 2t.53 9-740 CARPENTER ............................ se Number WAGES(per hour) 7/0i/1999 Carpet/Resilient Floor Coverer ......... $ 30.30 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16, 18, 19, 25 ) for lst & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 40% 80% 65% 80% SUPPLEMENTAL BENEFITS:(peP hour worked) - See Below. 9-2287 CARPENTER WAGES(per hour) Piledriver ........... $ Oockbuilder .......... 7/01/1999 31.55 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of dourneyman's wage. 1st. 2nd, 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (pep hour paid) - See Below. 9-1456 CARPENTER WAGES(per hour) 7/01/1999 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, ig ) on HOLIDAY PAGE. Oage ? Prevailing Rate Schedule New York State Oepartment~l~jk Labom Number ....................... ~ 9907647 SUFFOLK 1999A PAZD: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, ii. 13, i6, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) See Below. 9-1456/D CARPENTER WAGES(per hour) Timberman ......... 7/01/1999 28.35 OVERTIME: See ( B. E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See i8, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16, 18, 19, 25 ) for 15t & 2nd yr. Apprentioes OVERTIME: See 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I year terms at the following percentage of dourneyman's . wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: Carpenter ............... $ 29.13 Heavy/Highway: CarpenteP ............... $ 29.13 OVERTIME PAY: See ( 6, E, O ) on OVERTIME PAGE HOLIDAYS: - ........................... ~se Number ............... ............. ~ 9907647 SUFFOLK 1999A PAID: See ( 1 OVERTIME: See APPRENTICES : on HOLIDAY PAGE. 5, 6, 10, 16 ) on HOLIDAY PAGE. 1 ) year terms at the following wages. Heavy/Highway Building $ 11.65 $ 11.65 16.02 16.02 18.93 18.93 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 20.59 Appr 1st & 2nd terms 14.31 App~ 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/1999 Elevator Constructor ..... $ 34.415 28.5?5 Apprentice: (6) month terms at the ¢ollowing percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th lOth 5O% 6O% 65% 7O% 75% 75% 75% ?5% 75% ?5% OVERTIME PAY:CONSTR. See ( C. 0 ) on OVERTIME PAGE. OVERTIME PAY:MOOERN./SERV. See ( B. H ) on OVERTIME PAGE. HOLZBAYS; PAID: See ( 5, 6, ?, tl. 16 ) on HOLIDAY PAGE. OVERTIME: See ( S. 6. ?, 11. 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman/Apprentice: Construction $ 10,855 Modern./Service 10.705 9-1 GLAZIER WAGES(per hour) 7/01/1999 Glazier .............. $ 28.25 OVERTIME PAY: See ( C. O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( t ) year terms at the folowing percentage of dourneyman's wage. 1st 2nd 3rd 4th 35% 45% 60% 80% SUPPLEMENTAL 6ENEFITS:(peF hour worked) Journeyman $ 17.21 Appr 1st term 8,61 Appr 2nd term i0.07 Appr 3rd term 11.14 Appr 4th term 12.50 9~1087 (DC9 NYC) ~LECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician ............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 35.25 Audio/Sound ............ 34.25 35.25 OVERTIME PAY: See ( B, Q. V** ) on Overtime Page. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; ?/01/1999 4/29/2000 SWING SHIFT 4:30 P.M.to 12:30 A.M ..... $ 40.19 $ 41.36 GRAVEYARD SHIFT HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 30% 35% 40% on HOLIDAY PAGE, S, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the Following percentage of dourneyman's 4th Sth 6th 50% 60% 70% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 7/01/1999 4/29/2000 dourneyman 43.5% + 43.5% + $ 5.43** $ 5.43** App 1st yr 15% + 15% + $ 3.13.* $ 3,33** App 2nd yr 15% + 15% + $ 3.13'* $ 3.33** App 3rd yr 43.5% + 43.5% + $ 5.43** $ 5.43'~ ........................... ~se Number ............................ ~ · 9907647 SUFFOLK 1999A App 4th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 5th yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 6th yr 43.5% + 43.5% + $ 5.43** $ 5.43** PUMP & TANK WORK 7/01/1999 6/01/2000 6/01/2002 dOURNEYMAN ....... $29.22 $30.10 $31.30 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( 1 ) Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the following percent of ~ourneymans rate. 1st 2nd 3nd 4th 5th 40% 50% 60% 70% 85% Supplemental Benefits : pep hour worked. 50 1/2% of hourly rate 4-25 ELECTRICIAN WAGES (per hour) 04/04/1999 Lineman / Splicer ....................... $ 30.50 * Material Man ............................ 26.54 Heavy Equip. Open ....................... 24.40 Groundman ............................... 18.30 Flagman ................................. 13.73 OVERTIME PAY: See ( B, O ) on OVERTIME PAGE. 10/03/1999 26.97 24.80 18.60 13.95 HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. * APPRENTICES: 1000 hour periods at the fo]Sowing percentage of journeyman,s wage. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEEITS: (percents based on gross wages-others per hour) 04/04/99 10/03/99 15 % + 15 % + SUFFOLK 1~99A ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, WAGES (per hour) 7/01/i999 PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage, 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) 4-25m TREE TRIMMER - Line Clearance Specialist WAGES (per hour) 7/01/1999 01/03/2000 12/30/2000 01/06/2002 $ 19.02 $ 19,50 $ 19.99 $ 20.44 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE, HOLIDAYS: OVERTIME: See ( 5, 6, 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.37+ 12,5.% 12.5 % 12.5 % 12.5 % 4-1049 7/01/1999 SUFFOLK 1~99A Structural ........... $ 37.70 Riggers .............. 37.70 Machinery Movers ..... 37.70 Erectors... 37.?0 OVERTIME PAY: See ( B, E*, g, V ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE, APPRENTICES: ( 1/2 ) year terms at the following wage. Ist. 2nd. 3rd. 4th. 5th. 6th. $ 20.55 21.15 21.15 21.75 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) 21.75 dourneyman $ 22.33 Apprentices 17.88 9-40/361 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing & Metal Lathing .......... $ OVERTIME PAY: See ( C, O. V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES;( I ) year terms at the following wage rates. ls't 2nd 3rd 4th $16.00 $18.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 17.48 Appr 1st term 10.68 2nd term 11.68 3rd term 13.68 4th term 16.68 9-46 IRONWORKER WAGES(per hour) 7/0t/1999 Ornamental ............. $ 34.04 Case Number ..........................~ Chain Link Fence ....... 34.04 Guiderail Installation. 34.04 OVERTIME PAY: See ( A, D1, E*, Q, V ) on OVERTIME PAGE. *Doubl~ time after 7 hours on Saturday. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, B ) on HOLIDAY PAGE. APPRENTZCE (1/2 ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 6o% 65% 7o% 8o% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ t8.26 Appr 1st term 16.17 Appr 2nd term 16.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr 5th term 17.48 Appr 6th term 18.00 9-580 LABORER WAGES (per hour) OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE, PAID: See ( 1 ) on HOLIDAY PAGE. $ 13.98 ( per hour worked ) ............ $ 4.00 ?/01/1999 $21.28 + $1.59 addit.(Allocation to be determined) 4 66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. .................................................... Group # 3: Basic Laborer, Power Tool. Trackmen, Landscape, Pipelayer, daokhammer and Concrete. WAGES (per hour) 7/01/1999 Heavy/Highway Group # 1 ............. $ 25.67 Group # 2 ............. 25.08 Group # 3 ............. 23.12 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( I ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.05 after 40 regular hours) 4-1298 MASON-Buildinq WAGES(per hour) 7/01/1999 Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.83 Marble Restoration Finishers ............. 14.82 1/01/2000 29.98 15.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HOLIDAY: dourneymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5, 6. 11, 15 on HOLIDAY PAGE. All others See ( I ) on HOLIDAY PAGE. OVERTIME: S~e ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage. 1st '2nd 3rd 4th 5th 6th 7th 8th 5O% 55% 6O% 65% 7O% 8O% 90% 95% SUPPLEMENTAL BENEEITS:(per hour worked) dourneyman $ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + wage percentage of $ 6.09 9-?/24 MASON - Building WAGES(per hour) 7/0t/1999 Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of dourneyman's wage. _ 1st 2nd 3rd 4th 5TH (500 HFS) 6TH (500 Hms) 5O% 6O% 7O% 8O% 9O% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.46 Appr 8.28 9-16rk MASON-Buildin~ Unit Pavin~ Work* WAGES(per hour) 7/01/1999 8/01/1999 dourneyman .............. $ 23.72 Apprentice ( one year term ) .... 20.07 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 10.76 Appr 5.98 addit. .?O/hr. 9-1 Paver PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 dourneyman ........... $ 26.31 OVERTIME PAY: See ( C. E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 8, 10, 11, 13, 18 , tg , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.65 Appr Same percentage 9-530 MASON - Pointer/Caulker/Cleaner WAGES(pen hour) ?/01/i999 Pointer, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE, HOLIDAYS: RAID: See ( i OVERTIME: See APPRENTICES: ( 1 1st 2nd $12.25 16.25 on HOLIDAY PAGE. 5, 6, 25, 26 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 11.75 Appr 1st term 2.50 Appr 2nd term 2,75 Appr 3rd term 4.50 Appr 4th term 6.50 9-1PCC MASON WAGES(per hour) 7/01/1999 Cement Mason ......... $ 33.25 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 25 ) on HOLIDAY PAGE. Prevailing Rate Schedule New York State Departme~f labor .............................. Case Number ............................. ~. 9907647 SUFFOLK 1999A APPRENTICES: wage. ( 1/2 ) year terms at the following percentage of dourneyman's 2nd 3rd 4th 5th 6th 5O% 6O% ?O% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14,14 8O% 9O% 95% 9-?80 MASON - Buildinq WAGES(per hour) Plasterer .......... $ 7/01/1999 29.27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 25 ) on HOLIDAY PAGE. APPgENTICES: ( 1 ) year terms at the following percentage of journeyman's wage. 15t 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12,25 Appr 1st three months 0.00 All other Appr 12.25 9-202P MASON-Buildinq WAGES (per hour) 7/0t/1999 Building: Mosaic & Terrazzo Worker...$ 31.38 Helpen....$ 30.07 OVERTIME PAY: See ( A, E. 0, V* ) on OVERTIME PAGE. * $ 5.45 added to suppJements. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 11. 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 13.85 Page 18 Prevailing Rate Schedule New York State Departm~of Labor 9 7/3 MASON - Building WAGES(per hour) Tile Layer ........... $ 7/0i/1999 11/01/1999 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( B, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% ?5% 85% 95% SUPPLEMENTAL BENEFITS:(peP hour worked) $ 14.32 14.82 MASON - Buildinq WAGES(per hour) ?/01/t999 12/01/1999 Building; Tile Layer Helper & Finisher ....... $ 25.74 26.24 OVERTIME PAY: See ( A, E, O ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, t5, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 11.08 11.23 IRONWORKER WAGES(per hour) 7/0t/1999 Derrickmen/Rigger .... $ 30.59 + $1.S9 Addit. (Allocation to be determined) OVERTIME PAY: See ( C. O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 7O% 8O% 90% 9O% SUPPLEMENTAL BENEFITS:(peP hour worked) $ 22.64 9-197 MASON - Buildi~q WAGES(per hour) 7/01/1999 1/01/2000 Marble Cutters & Setters ............. $ 33.73 34.88 OVERTIME PAY: See ( 8, O, V ) on OVERTIME PAGE attached. Apprentices 1St three terms See ( 5, 6, 8, 11, t5 ) on HOLIDAY PAGE, Plus any day fo]lowing a Thursday or Sunday Holiday. Ali others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of 3ourneyman's 50% 55% 65% 70% 8O% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Suildinq WAGES(per hour) 7/01/1999 1/01/2000 Manble-Riggers, Crane & Derrickman...$ 27.72 28.72 OVERTIME PAY: See ( C, O, V ) On OVERTIME PAGE. PAID HOLIDAY: 1/2 Day fop Labon Day. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Page 20 Prevailing Rate Schedule 9-7/20 PAINTER AND DRYWALL FINISHER WAGES (per hour) 7/01/1999 Brush, Paper Hanger,Taper $ 26.05 Structural Steel ......... 33.63 Spray. Scaffold,Sandblast 28.47 Repaint/Renovation ....... 20.89* *Additional $2.00 per hr. for Hanging Scaffold. Spray, Sandblasting. and Rolling Scaffold 20' and over. Lead Abatement at same rate as classification. OVERTIME RAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates. 1st 2nd 3rd Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17.62 21.09 Struc. Stl. 12.94 19.24 23.08 Rpt/Ren. 10.73 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman All other dourneyman Appr 1st year $ 13.67 13.67 4.76 10.18 4-148B PLUMBER ~AGES (per hour) 7/01/1999 10/31/1999 Plumber .............. $ 33,65 $ 34.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVER¢IME; See ( 5, 6, 15, 25 ) on HOLIOAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentages of dourneyman's wage. 1st 2nd 3rd 4th 5th 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (per hour worked*) dourneyman $ 15.63 $ 15.90 Appr 1st term 9.26 9.42 Appr 2nd term 10.34 11.07 Appr 3rd term 10.95 11.25 Appr 4th term 11.64 11.95 Appr 5th term 12.02 12.53 PUMP & TANK WORK dourneyman ................. $ 28.50 overtime: ( B, E, O ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. 40% 50% 60% ?0% dourneyman ................. $ 14.71 App. 1st yr ................... 6.06 4-200 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter ......... $ Sprinkler Fitter ...... 35.30 35.30 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) Page 22 Prevailing Rate Schedu}e New York State Depart of Labor SUFFOLK 1~99A $ 17.50 + .34 per hour worked 14.49 + .34 per hour worked 9 -638A STEAMFITTER WAGES(per hour) 7/01/1999 Steamfitter ......... $ 22.30 Refrigeration to combined compressors up to five (5) horsepower, and on A/C OVERTIME PAY:See ( B, E, O*. S** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 6, 9, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: * ( 2, 6, 9, 15, 17 ) · * ( 10, 11, 26, Memorial Day ) APPRENTICES: ( 1 ) year terms at the following wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th yr $6.72 10.83 13.04 15.19 18.31 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 8.06 Appr lit term 7.00 Appr 2nd term 6.56 9-638B ROOFER WAGES (per hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.50 OVERTIME PAY-New Roof: See ( A, E, O ) on OVERTIME PAGE. OVERTIME PAY-Retool: See ( B. E. Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10. 13, 16 ) on HOLIDAY PAGE. Page 23 Prevailing Rate Schedule New York State Departm f Labor ........................ Oas ............... ..... 9907647 SUFFOLK 1999A APPRENTICES: ( I ) year terms at the following percentage of journeyman,s wage. 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 17.57 Apprentices 1st 2.00 2nd 3.75 3rd 9.37 4th 13.91 4-184 SHEETMETAL WORKER WAGES (per hour) Sheetmeta] Worker .... 07/01/1999 $ 31.89 OVERTIME PAY: See ( C, E2, O, V ) on OVERTIME PAGE. PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. 30% 35% 4O% 45% 5O% 55% 60% 7O% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 19.91 Appr 1st term 5.53 Appr 2nd term 6.46 Appr 3rd term 7.31 Appr 4th term 8.32 Appr 5th term 9.41 Appr 6th term 11.85 Appr 7th term 13.18 Appr 8th term 15.56 4-28 WELDER TEAMSTER-Buildinq Truck Driver (Building and Heavy/Highway): GROUP l: Chauffeur and Excavation. WAGES (per hour) 7/01/1999 Truck Driver (Building anO Heavy/Highway): Group 1 ................. $ 26.955 OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 16, 25 )* on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 OVERTIME PAY: See ( 8, L, S, SI,) on OVERTIME PAGE, HOLIDAYS: PAIO:(*)See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. (*) Must work two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Stright time $ t2.35 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 7/01/1999 Sign Erector ......... $ 24.65 Page 25 Prevailing Rate Schedule New York State Oepartm of Labor · --: ......................... OCase Number ................ 0 ..... 9907647 SUFFOLK 1999A OVERTIME PAY: See ( A, H } on OVERTEME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, tl, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, t0, 11, 12, 16 ) on HOLIDAY PAGE APPRENTICES: (1) year terms at the follow~ng percentage of dourneyman's wage. 1st 2nd 3rd 4th Btb 35% 45% 55% 65% ?5% SUPPLEMENTAL BENEFITS: Appr 1st yr Appr 2nd yr $ 4.62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 pen hour worked + Employee share of Soc. Sec. $ 1.958 pep hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month $ 2.44 per hour paid + 2% Of gross wage + $ 0.20 per hour worked + $ 115.00 per month App~ 3rd yr Appr 4th yr Appr 5th yr $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per bout worked $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked $ 9.468 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 pep hour worked 9-137 PAINTER - Striping Highway WAGES(per hour) 7/01/1999 Painter (Striping-Highway): Striping-Machine Operator ....... $ 21.57 He]per .................... 15.79 Linerman ....................... 24.09 OVERTIME PAY: See ( B, E. P, S ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 8, 11, 12. 15, 16, OVERTIME: See ( 2, 8. 11, 12, 15. 17, 20 )ON HOLIDAY PAGE. 16. 17. 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) 22% of wage + $0.50 9-8a/28a (230) SURVEY CREW - Buildinq WAGES:(per hour) Survey Rates-Building: Party Chief ......... $ Instrument Man ...... Rodman ............... 7/01/1999 30.01 25.60 17.48 OVERTIME PAY: See ( A, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( 5. 6. 8, 11. 15,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 1t, 16. 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/01/1999 Survey Rates-Heavy/Highway: Party Chief ............. $ 29.14 Instrument Man .......... 23.4t Rodman .................. 20.63 OVERTIME: See ( B, E*, O, v ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 5. 6. 7, 11. 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7. 11, 12 ) on HOLIDAY PAGE~ APPRENTICES: ( I ) year terms at the Eollowing wage rates. SUPPLEMENTAL BENEFITS .(per hour paid) dourneymen $ 18.15 Apprentice 8,65 9-15D-N/S CO. SURVEY CREW ~ Consulting En91neer CONSULTING ENGINEER SURVEY WAGES:(per hour) 7/01/1999 Party Chief ......... $ 23.96 Instrument Man ...... 20.66 Rodman .............. 17.88 OVERTIME PAY: See ( 8, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11. 16 ) on HOLIDAY PAGE. OVERTIME: See ( 6, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 15t term $ 9.87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9.55 Apprentice 6.75 9-15dconsuit CORE DRILLING WAGES(per hour) 10/16/1998 10/16/1999 Core Drilling: Driller .............. $ 22.23 addit. Helper ................ 18.72 $1.00/hr.(Allocation to De determined) HOLIDAYS: RAID: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. · * See ( 8; 10, 11. 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7~69 9-1536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 7/01/1999 8/01/1999 Well Driller: Well Driller: .......... $ 23.61 $ 23.72 Well Driller Helper:.,. 21,07 21.10 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 10, 12, 16 ) on OVERT[ME PAGE. 2nd.yr ............... 12.50 12.50 SUPPLEMENTAL BENEFITS: (per hour worked) $ 8.30 + $ 7.95* + *overtime $ 9.95 + 10% of rate 10% of rate 10% of rate Apprentice ...... $ 5.00 + $ 5.00 + 10% of rate 10% of rate POWER EOUIPMENT OPERATOR - Buildin~ BUILDING: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, C~erry Picker (oven SO tons), Concrete Pump,. Crane. Derrick, Oragline, Dredge, Oage 29 PrevailJng Rate Schedule New York State ~pa~ment.~2f LaDOP ....................... se Number ...................... ~ 9907647 SUFFOLK 1999A CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & We]] Point), Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac-All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), CLASS 'ro": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Puller. Portable Heater, Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inohes/Gypsum/Doub]e Action Diaphragm1 Hand Trenching Machine. Welding Maohine. Class "E": Batching Plant, Generator, Grinder. Mixe¢, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inohes). Root Cutter, Stump Chipper. Oiler on Tower Crane, Track Tamper, Tractor. Vibrator, Deckhand on Work Boat. WAGES (per hour) 7/01/1999 Class " A ". .............. $ 31.16. *Add $3.00 for Hazardous Waste Work Class " B " ............... 29.48* *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1,00 35O $ 1.50 OVERTIME PAY: See D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6. 7, 8. 11, 16 ) on HOLIOAY PAGE.** OVERTIME: See ( 5, 6. 7. 8. 11. 16 ) on HOLIDAY PAGE.** APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note OVERTIME APPRENTICE $ 8.40 POWER EQUIPMENT OPERATOR - Heavy/HiBhway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons). Concrete pump. Crane. Derrick. Dragline, Dredge. Gradall, Grader, Hoist Loading Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, SideDoom Tractor. Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer,Track Alignment Page 30 Prevailing Rate Schedule New York State Departmen~m~of Labor asa Number ............................. ~ 9907647 SUFFOLK 1999A Machine. CLASS "B": Backhoe. Boom Truck. Bulldozer, Boring Machine/Auger. Cherry Picker. Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine and Front Loader, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS Al, Asphalt Roller. Hydraul ic Pump with Borin9 Machine, Scoop, Carryall, Scraper. Maint. Man on Tower Crane, Trenching Field Mechanic. Milling Machine (Sffiall), Pulvi-Mixer, Pumps, Roller (Dirt), Vac~All. Welding/Burning. Compressor (Structural Steel & 2 or more in Battery), (Structural Steel & Pile Work). CLASS "D": Compressor (Pile. Crane, Stone Setting), Concrete Breaker/Saw Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/Double WAGES (pep hour) 7/01/1999 Class '* A ". .............. , $ 32.06- *Add $3.00 for Hazardous Waste Work Class " B " ............. 29.82* *Add $2.00 for Hazardous Waste Work. Class " C ". ............ 28.69* *Add $1.00 For Hazardous Waste Work. Class " D " ............. 26,45 Class " E " ............. 25.32 Class " F ". ............ 28.10 Class " G ". ............ 28,10 *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.00 350 $ 1.50 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( g, O ) on OVERTIME PAGE. HOLIDAYS; PAID: See ( 5, 6, 8, 9, 10, 16 ) on Holiday Page.** OVERT[ME: See ( 5, 6, 8, 9, 10, 16 } on Overtime Page.** .......................... ~ se Number APPRENTICE ........ $16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note: OVERTIME APPRENTICE 8.40 4-138 MARINE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer. Derrick Op. Chief Mate on Dredge. Class C: Maint. Erg ........... Mate ................. 8oat Captain ......... Class D: Deckhand ............. Fireman, Oiler ....... Shoreman ............. Tug Bo~ts: Class A: Tug Master ........... Tug Chief Engineer.,. Class C: Tug Captain .......... Tug Engineer ......... Class A: Class C: 7/01/1999 10/01/1999 $ 25.18 $ 25.78 22.34 22.61 22.01 22,28 21.83 22,07 20.35 20.57 20.50 20,72 16.58 16,74 17.23 17.39 16.58 16.74 22.69 23.09 21.10 2i.47 22.69 23.09 21.10 21.63 16.80 16.96 25.64 26.26 22.83 23. 12 21.83 22.07 20.35 20.57 21.49 21.74 20.5O 2O.?2 17.23 17.39 16.80 16.96 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 10, 15 ) on Overtime Page The Following SUPPLEMENTAL BENEFITS apply to ALL classifications of t~e above HYDRAULIC, DIPPER. CLAMSHELL DREDGES and TUG BOATS Page 32 Prevailing Rate Schedule New York State 0 Departmelf Labor ............................ ase NumbeP ................... 2 9907647 SUFFOLK 1~99A SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B All Class C All Class D 8% of 8% of wage plus 8% of wage OVERTIME $ 0.80 EXTRA ) OVERTIME $ 0.65 EXTRA ) OVERTIME $ 0.50 EXTRA ) 4-25a MARINE CONSTRUCTION WAGES (per hour) Drill Boat: Class A: Engineer .......... Blaster ........... Driller ........... Boat Capt ......... Class C: Welder/Machinist.. Class D: Oiler/Helper ...... Deckhand .......... Core Driller ...... 16.41 16.56 7/01/1999 $ 23.24 23.51 23.25 19.34 23.03 20.25 15.83 18,38 10/01/1999 $ 23.54 23.81 23.55 19.53 28.30 20.46 15.97 18.56 Helper ............ OVERTIME PAY: See ( B, P, R, ) on Overtime Page. HOLIDAY: PAID; See ( 5, 6, 8, 10, 15 ) on Holiday Page. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 4.08 plus $ 4,38 plus 8% Of wage 8% of wage $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage $ 3.1t plus $ 3,21 plus 8% of wage 8% of wage $ 1.21 0.92 0.63 Class C Class O A & B add ................ $ 1 .06 C add .................... 0.82 $ 2.42 4-25/3 STATE Of NEW YORK D[PARTMENT OF LABOR IUREAU CXc PUBL~ WORK ~fATE OFF~C~ 9UILDING CAMPus ALIAHY. NY 12240 KEQUEST FOR WAGE AND SUPPLRMENT INFORMATION AS P~EQUIRED BY ARTICLES 8 AND 9 OF ~ LABOR LAW Submit this form for new ~chedules or for determination for additional occupations. DATE Provide all information Requested Below SUBMi'ri'~D BY: I~J CONTRACTING AGENCY I-1 PUBLIC WORK DISTRICT OFF1CE (CHECK ONEI [-] ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Perb~ining to Contracting Agency) 1. Name a~d complete address (number, ~treet, cR~ o~ town. z~p code) 2 n N.Y. State Units 1-10100T C]02 OGS 3. SEND RE PLY TO (NAME AND ADDRESS): TELEPHONE: ( ) . , B. PROJECT PARTICULARS S. Project TITLE and~r de'.criptlon of work to be performed. I~¢tude co.tract identification number, if applicable Nature of Project .Check One I-I I. New Building I-I 2. AddRio~ to Ex.ting Structure n07oty ~108 Local School District ~-109 Special Local Distich, i.e., Fire, ~r, Water ~ri~ ~ 10 villa~ ~ 12 ~ 13 ~e~ Non-NY. S~te (~d~) [] 3. Heavy end Highway Co~structio~ (New and Repair) I-1 4. NewSewerocWateifine $. Other Nesv Comtructiofl (Explain) n $. Other I~:onstruc~on, ~l~ih~lnaKI. Repair O~ Aheratiofl 7. DemOlRIO~ Name and Title of Requester I-I 03 OORMITORY AUTHORITY ri 04 STATE UNIVERSITY CONSTRUCTION FUND n os ME NTAL HYGIENE FACILITIES CORP. [] 06 OTHER N.Y. STATE UNIT 4. SERVICE REQUIRED. Check appfopoate box and provide Foj~ct info~mation. ['1 New Schedule of wages and Supplement~ [ APPROXIMATE ,,D DATE ] [] Additional Occupation and/or Redetormination PRC NUMBER ISSUED PREVIOUSLY FOR [ OFFICE USE ONLY THIS PROJECT Locat~nof Project: Locat~ O~ SRe Route No, St reet Address Vil~ge o~ C~y Town OCCUPATION FOR PROJECT I'1 Co~s~uct~on (Building. Heavy ~ Guards, Watchmen Highway/Sewer/Water) f-I JanRml, porters, cleaners [] Tunnelling [] Moving furnRure and [] Residential equipment [] Land.ape Maintenance I-1 Trash and refuse removal f"l Elevato~ maintenance [] Window cleaners [] Exterminator~.Fum~aton I'1 Other(Detchbe) 9. Signature OFFICE USE ONLY II II II II II Il it II ii it II II II II II II II II II II II II II II I I I I I I I I I I I I I I I I I I I I I I I I II II II II II II II ~1 II ~1 Il II ~w-~J SEE OTHER SIDE FOR LAWS RELAllNG TO PUBUC WORK CONTRACTS J J 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 prevision 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING M-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). PREFABRICATED DOME SALT SAND STORAGE BUILDING M-2 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 five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES, By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any .segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term 'segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nationalodgin, because ofhabit, local custom, orotherwise. He further 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): PREFABRICATED DOME SALT SAND STORAGE BUILDING N-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 alt subcontracts during a period (i.e., quarterly, semiannually, or annually), NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national odgin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided_, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph .to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a repert within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their Own motions, may require a pdme 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained pdor 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 covering the delinquent period or such other pedod 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 required, pdor 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency, The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week: Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the pumhases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-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 prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220--e which requires provisions by which the contractor with the State or municipality agrees: la) That in the hidng of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); lc) 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; PREFABRICATED DOME SALT SAND STORAGE BUILDING N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive previsions 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. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-8 II. III. SPECIFICATIONS SELF SUPPORTING "DOMAR" SALT STORAGE BUILDING (OR APPROVED EQUAL) SCOPE: A. It is the intent of these specifications to describe a prefabricated dome salt sand storage structure. This building shall be constructed within a designated area of the Town Highway Maintenance Yard located on Peconic lane for the purpose of storing a minimum of 831 Cubic Yards of salt sand material. B. The building to be furnished shall be fifty (50') feet in diameter. The perimeter walls are to be twelve (12") inch thick, 4,000 psi concrete and shall be six (6') feet in height. The prefabricated structure provided shall meet the minimum design criteria of a "Domar" Salt Sand Storage Building as Manufactured by DOME CORPORATION of America - or approved equal. (5450 East Street, SAGINAW, MI., 48601, - phone 517-777-2050) C. The Town of Southold, after careful consideration, has determined that the above mentioned product is best suited for its needs for storing salt sand materials. Any substitutions to the above referenced structure shall meet or exceed all aspects of design specifications and operational clearances for the above referenced building. PROJECT LOCATION: A. The prefabricated Dome salt sand storage building shall be located and constructed within the Town Highway Maintenance Yard in Peconic. This facility is on Peconic Lane just north of State Route 25. B. The prefabricated structure shall be erected on an asphalt pad that is constructed by the Highway Department. The pad shall be a seventy (70') foot by seventy (70') foot level pad (+/- 1"), consisting of a six (6") inch stone blend base and four (4") inches of asphalt pavement. (Asphalt shall be placed in two lifts and compacted to optimum density.) The minimum bearing capacity of the Asphalt Pad shall be 3,000 P.S.F. SUMMARY OF WORK: The work, in general terms, shall consist of furnishing all labor, materials, related equipment, tools and supervision necessary for the complete construction of the panelized "Doma¢' Salt Sand Storage Building as herein specified and detailed. Miniaturized documents of Manufacturer's Drawings are included at the end of this Specification. To review full scale drawings contact James A. Richter, R.A.,Town Engineering Dept. at (516-765-1802). PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 1 IV. Each bidder shall specify the number of years the building will be guaranteed. (All guarantees shall include labor and materials.) Minimum guarantees shall not be less than one (1) year for the building and five (5) years for the roof. The roof slope, except for the doorway canopy, shall not be less than 26 degrees. Qualified bidders shall have a minimum of five years experience in similar work specified herein. Bidders shall submit at least three (3) locations where they have completed similar work within the last two years. All submissions shall indicate names of owners including addresses and telephone numbers. DESIGN CRITERIA: A. The Foundation: The foundation shall be a floating mat foundation as per BOCA Code 1205.3 and shall be 4" Asphalt over 6" Stone blend as installed by others. The asphalt pad shall have a minimum bearing capaci(y of 3,000 PSF and shall be level (+/~ 1"). (This item shall be installed by the Highway Department.) B. The Retaining Wall: The retaining wall shall be a reinforced 4,000 psi concrete tension ring, one (1') foot thick and six (6') feet high designed to withstand the pressure of the stored material and the Dome structure's dead and/or live loads. The retaining wall shall sit on the floating mat foundation. After curing, the inside of the retaining wall shall be coated with two (2) applications of a mixture of 50% mineral spirits and 50% linseed oil. C. The Structure: The structure of the Dome building shall be designed to meet or exceed all snow and wind load requirements of the New York State Building Code. Wind loads shall be adjusted to allow for the slope of the Dome panels. An entrance opening shall be provided with a minimum height of eighteen (18') feet and a minimum width of fifteen (15') feet. D. Roofing: Roofing matedal shall be standard asphalt roof shingles with a minimum manufacturer's warranty of 25 years. The shingles shall be installed over a 15 lb. Roofing felt. On areas with a slope of less than twelve (12) degrees, roll roofing shall be used with a minimum overlap of eight (8") inches between roofing materials. E. Building Capacity; The proposed fifty (50') foot diameter building shall be of sufficient size to store 831 tons of salt sand based on the weight of 80 lbs. Per cubic foot or 2,160 lbs. Per cubic yard. Storage of piled material shall not exceed an angle or repose of 33 degrees. Totally unobstructed and usable floor area within the interior walls shall be approximately eleven hundred (1,100 ) square feet. The building shall be approximately thirty two (32') feet high and shall include a built-in fan dormer. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page2 VI. PREFABRICATED STRUCTURE: A. Scope: The work covered by this section of the specifications consists of furnishing all plant and site labor, equipment, appliances and materials, and the performance of all operations in connection with the purchase, delivery and erection of the fifty (50') foot diameter prefabricated "Dormar" Salt Sand Storage Building, to be installed on a six (6') foot high reinforced concrete retaining wall. A fan dormer shall be included and the contractor shall provide a complete building in accordance with this section of specifications as provided herein by the Town of Southold. B. Description of Work: The building shall be dome shaped, self-supporting with no internal supports inside to hamper loading and unloading of salt sand materials and vehicle operations. The entrance shall have a clear opening of fifteen (15') wide by eighteen (18') high. The Dome structure will be made from single skin panels, as well as the entrance trusses, canopy walls, etc., will be made from the following material: 1. Lumber: The outside framing members of the panel shall be SPF species or better, grade # 2 or better, kiln dried to a maximum moisture content of 19%. The internal studs shall be southern pine species or better, # 2 or better, and be kiln dried to a maximum moisture content of 22%. 2. Plywood: The plywood shall be 5 ply-5 layer, Douglas fir plywood, exterior grade, structural #1, CCX. No other grade of plywood will be acceptable. All plywood shall be agency rated and conform to PS-1-83. 3. Glue: The glue shall be Liquid Resorcinol-Phenolic Formaldehyde Resin, mixed and applied as per manufacturer's instructions. 4. Hardware: The hardware used to assemble the stress skin panels on site shall be 5~8" diameter bolts with 2- 3~4" square washers. All bolts, nuts and washers shall be hot dipped galvanized. All nails and staples used in the manufacture of the panels shall be galvanized. SPECIAL PROVISIONS FOR SALT SAND STORAGE BUILDING: A. Delivery and Erection: The building furnished by the successful bidder is to be erected or assembled at the site specified and as per the approved plans. The contractor shall be responsible for the safe unloading and storage of the prefabricated panels. It will also be the responsibility of the contractor to make minor adjustments necessary in the foundation was to accomplish a vertical building axis and level horizontal foundations lines. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 3 _Completion Date: The contractor shall start the work within 15 calendar days after notice of award and receipt of contract, and shall complete the project within sixty (60) calendar days. Concrete Reinforcing: The contractor shall provide all labor, materials, related equipment and supervision necessary for the complete reinforcement of the concrete foundation walls as required by building specifications and detailed structural drawings. 1. Products: a. Reinforcing Steel: Deformed steel reinforcing bars conforming to A.S.T.M. -AG 1572 Grade 60 Metal shall be clean and free from loose rust, scale, or coatings that will reduce bond. b. Anchor Bolts: Shall be unfinished grade A.S.T.M designation A307 with yield strength Fy = 36 Ksi. The anchor bolts shall be hot dipped galvanized. c. Metal Accessories: Include all spacers, chairs, ties and other devices necessary for the proper spacing, supporting and fastening of the reinforcing steel in place. 2. Execution: Place reinforcement accurately in position shown on the drawings; securely fasten and support to prevent displacement before and during placement of concrete. Cleaning, bending and placing of reinforcement shall be done in accordance with the requirements of the American Concrete Institute ACl 318. Latest Edition Cast in Place Concrete: The contractor shall provide all labor, materials, related equipment and supervision necessary for the complete reinforcement of the concrete foundation walls as required by building specifications and detailed drawings. All concrete used for footings, foundations, pier and post supports (below and above grade) shall have a compressive strength of 4,000 psi at 28 days. All concrete above grade shall be air-entrained. 1. Portland Cement: All Portland Cement must meet Air-entrained Portland Cement A.S.T.M Designation C150-74, Type lA. 2. Mixing Water: Water shall be clean and free from oil, acid and injurious amounts of vegetable matter, alkalies and other salts. 3. Application: It shall be the contractor's responsibility to check all dimensions and accuracy of the form work and reinforcing steel prior to placing the concrete. The contractor shall follow the normal and recommended practice for the placing and protection of the concrete work. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page4 Framing and Sheathing: The work required under this section consists of all carpentry materials, rough hardware, related items necessary to complete the work indicated on the drawings and specifications. 1. Materials: a. Plywood: The plywood shall be 5 ply-5 layer, Douglas fir plywood, exterior grade, structural #1, CCX. All plywood shall be agency rated and conform to PS-1-83. b. Lumber: All lumber shall conform to American Softwood Lumber Standard PS-20-74. 2. Execution: a. Provide all labor, materials and equipment necessary to complete all carpentry work and related work under this division. All carpentry must be installed by skilled carpenters working under proper supervision. The work shall be carried out in a thoroughly high grade and work-man-like manner. The framework shall be assembled using 3 1/4" galvanized spiral nails. All joints shall be tight and present a smooth surface for gluing. The plywood sheathing shall be attached to the frame using glue and 2" spiral nails or 1 3~4" galvanized staples. The plywood shall then be beveled to suit the framework. b. Assembly and erection of prefabricated panels, installation of the doorway trusses, canopy and all related work must be done in accordance with manufacturer's drawings and specifications. Adjustments may be made on site if found necessary and shall be carried out in a work-man-like manner conforming to good building practices. Moisture Protection - Asphalt Shingle Organic/Fiberglass Mat: The contractor shall furnish all labor, materials, tools, equipment and supervision to properly install the asphalt roofing shingles to all surfaces designed for roofing on the drawings. 1. Product: a. The asphalt shingle shall be organic or fiberglass mat and carry a 25 year minimum manufacturer's prorated warranty. The shingles shall be self-sealing and be of American Manufacture. The shingles shall be installed with large head, galvanized roofing nails as per the manufacturer's instructions. b. Material for underlayment of shingle shall be non-perforated, 15 lbs. Per 100 square foot, Asphalt Saturated Felt, 36 or 32 inches wide and conforming to A.S.TM. designation D-226-68 The felt shall be attached directly to the plywood sheathing with large fiat head galvanized roofing nails. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 5 c. The shingle color shall be as selected by the Superintendent of Highways for the Town of Southold. 2. Execution: a. Surface to be covered with asphalt shingles shall be smooth and free from defects of every description, all such surfaces, shall be dry and clean from dirt, rubbish and other foreign materials before the roofing is started. All projecting nails shall be set flush to the roofing sheathing. b. The roofing shall be installed in strict accordance with the manufacturers instructions in the conventional manner after the complete building has been erected. At no time should roofing felt or shingles be stored or applied on the building until all internal bracing has been installed. c. Flashing shall be installed where called for on the approved drawings and shall be of .025 mill finish aluminum, non- corrosive metal or non-metallic material. d. The roofing felt shall be applied in such a manner that each panel joint is overlapped to prevent leakage and installed with large head galvanized roofing nails. e. The roofing shingles shall be applied with large head galvanized roofing nails, the number and location of the nails to be as governed by the manufacturer's directions. f. Roof vents and other openings in the roof shall be properly installed in such a manner to prevent leakage. Finishes: The contractor shall provide all labor, materials and equipment necessary to paint all exterior exposed wood surfaces. 1. General: Surface Preparation: The surface to be painted shall be sanded smooth, all dust and dirt must be removed and the surface must be completely dry. No painting shall be attempted when the temperature is below 55 degrees Fahrenheit. 2. Product: The paint selected shall be first quality materials as manufactured by: **Sherman Williams ** Pittsburgh Paints ** Devoe Paint** Or approved equal. Color shall be as selected by the Superintendent of Highways for the Town of Southold. The paint shall be semi-gloss, latex exterior house paint. 3. Application: The material selected shall be applied in strict compliance with the manufacturer's specifications. The painting shall consist of one (1) coat Primer and two (2) coats finish. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 6 Clean Up: 1. The contractor shall be responsible for the removal of all drops or spots of paint on all other surfaces and shall leave the work in a clean and acceptable condition. 2. All paint cans and debris from the process of painting shall be removed from the property and be legally disposed of. VII. ELECTRICAL REQUIREMENTS: A. Electrical service: The Town of Southold shall be responsible for the installation of all Electrical Work in and around this new storage facility. END OF SPECIFICATION PREFABRICATED DOME SALT SAND STORAGE BUILDING Page7 h~[ ill II "~ ml~ PROPOSAL FORM DATE: December 16, 1999 NAME OF BIDDER: Carter-Melence, Inc. P.O. Box 907, Sound Beach, NY 11789 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in alt respects fair and withoi~t 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:Sept. 27,1999 & Rev. Dec. 8,1999, 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: PREFABRICATED "DOME TYPE" SALT SAND STORAGE FACILITY TOWN HIGHWAY, PECONIC LANE, PECONIC, NEWYORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-1 FURNISH AND CONSTR~CT A PREFABRICATED CIRCULAR "DOME TYPE" STRUCTURE FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED IN THE SPECIFICATIONS. THE TOWN OF SOUTHOLD SHALL FURNISH THE ASPHALT MAT FOUNDATION AND THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BUILDING IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Seventy Eight Thousand Three ~undred Thirty Three Dollars (written in words) $78,333°00 (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 consiSered tb 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. CAR'.['~,;~ - M~T.,E~',,~E, INC. Signature of Bidder: ~/_ ~,~? ~ ~ld J. ~'~l~n, ~eisdent Business Address: P.O. ~x 907 Sound Beach, NY 11789 Telephone Number: Date: (631) 744-0127 December 16, 1999 PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) 'The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, 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. I~. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Donald J. O'Hanlon of Carter-Melence, Inc. (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a Prefabricated "Dome Type" Salt Sand Storage Building @ Southold Town Highway Department, Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the Carter-Melence. Inc. 13th day of December , 19 99 (SEAL OF THE CORPORATION) Laws of New York, 1966 Ch. 75t, Sec. 103-d, as amended effective September 1, 1965 PREFABRICATED DOME SALT SAND STORAGE BUILDING 'E-1 NEW__YORK sTATE~FIRMATIVE ACTION CERTIFIC ON (TO BE COMPLETED BY EACH BIDDER) er'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 Carter-Melence, Inc. (Bidder) Certifies that: 1, it intends to use the following listed construction trades in the work under the contract: __ trades as requ_ ired to complete work and, as to those trades set forth in the preceding paragraph one qereof 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: as required ; 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. (Si!~n~ture of ,~,~h~rized Representative of Bidder) Donald J. O'Hanlon, President PREFABRICATED DOME SALT SAND STORAGE BUILDING F-1 CARTER MELENCE INC. CONrI~I~AC', FO R S I'.O. Box 907, 104 New York Avcm~c, Sound Beach, NY 11789 (631) 7~-0127 Ftux:(63~ ) 7~-0528 Salt/Sand Domes Previously Provided at: Brookhaven National Laboratory, Upton, NY Building 397 Suffolk County Community College Ammerman Campus, Selden, NY Eastern Campus, Riverhead, NY Western Campus, Brentwood, NY DOME CORPORATION OF NORTH AMERICA December 14, 1999 Southold Town Clerk Southold Town Hall 53095 Main Road Southold, NY 11971 RE: Bid Bond To Whom It May Concern: Please find enclosed a copy of our bid bond for the Southold project. Do to unforeseen weather we didn't receive the original bond in our office. Per a phone conversation with Elizabeth Neval on December 14, 1999 we were told to send a copy with the bid and once we receive the bond to send it in. Sincerely, Bette Pawlanta Office Manager 5450 EAST STREET, SAGINAW, MICHIGAN 48601 TEL. 517/777-2050 · TELEFAX. 517/777-3477 http://www, dome-co rp- na.com E-mail: dcn-america @ dome-corp-na.com s~,l. 2/./. 4 / 9915:$9 FAX 7'.68498680 LAWLEY SERVICE OO2 BOND # 493 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, DOME CORPORATION OF NORTH AMERICA 5450 East Street, Saginaw, Michigan 4B601 as Principal, hereinafter called the Principal, and · FIDELITY AND DEPOSIT COMPANY OF ..MARYLAND, of Baltimore Maryland ' a corporation duly organized under the laws.of the State of Maryland as Surety, hereinafter called the Surety, are held aJ3d firmIy bpund unto Highway..D. opt., Peconic Lane, Peconc,. Ny 11958 Southold Town as Obi[gee, hereinafter called the obligee, in the Sum of Five Percent of Attached bid'-- - ( 5% ) 'for the payment of which sum well and truly to be made, the said Principal and the said Surety. bind ourselves our heirs,, executors, administrators, successors and assigns, jointly and severally; firmly by these presents. WHEREAS, the Principal has submitted.a bid for Salt Storage Building Peconic Lane just North o'n State Route 25 NOW, TI-IEREFORE, il' the Obligee shall accept the,hid of the PrfiaCiPal shall'cater into a Conlwact with dae Obligee in accordance with the terms of such Eld and give su~ bond or bonds as may 1~ specified in the bidding or Contract Documents'with good and suf£1c/ent surety for the f~itbful performance of such cent,tact ai~d for thc prOmpt payment o£ labor and ma~erlal'furnlshed ir the preseeu tion thereof, or ~ the eve,~t of thc failure et the Principal to enter such contract and give such bond or bonds, if the principal shah pay to tl~ Obngee the difference nol to. exceed thc penalty hereof between the amount specified in said bid and such larger amount for wl~¢h the obligee may in good 'faith contract with another party to perform the Work covered by said bid, then this obligation ~haI1 be nell and void, othcrMsc to rentain in full force md effect. Signed and sealed this 16th day of December, 1999. DOME CORPO~{~POP'~IORT~ AME~ BY: ROSS A.I.ak~, Prc~ FIDELITY AND DEPOSIT COMPANY ~)F. MARYLA~ND . . Sandra A- $chcnc[, ~ttb~y-lta-Fict~ ~.~ AIA DOCUMENT A310 . BID BOND . AIA . FEBRUARY 1970 ED . ~ A,M~RICAN' INSTIT'tJTE OF ARCHITECTS, 1735 N.Y. AVE., N.W.,.WASIJINGTON, D.C. 20006 12/14/99 15:59 FAX 71.$$495580 LAWLEY SERVICE ~0o3 CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 16th day of December, in the year of 1999, before me personally came Ross A, Lake to me known, who, being by me duly sworn, did depose and say (s)he resides in Frankenmuuth, MI; that (s)he is the President of the DOME CORPORATION OF NORTH AME'RICA the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of the said corporation; bhat the seal affixed to the said instrument is such corporate seal; and that it was so affixed by the order of the Board of Directors of the said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC BETTE PAWLANTA, NOTARY PUBLIC SAGINAW COUNTY, ~l MY COMMISSIO~'~ EXPIaE3 03-28-01 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this 16th day of December, 1999, before me personally came Sandra A. Schenck __ to me known, who being by me duly sworn, did depose and say, that (s)he resides in Buffalo, N.Y.; that (s)he is an Attorney-in-Fact of Fidelity An.d Deposit Compaqy of Maryland the corporation clescribe~l in, and which executed the within instrument; that (s)he knows the seal of said corporation; that the seaJ affixed to said instrument was such corporate seal; that itwas so affixed by order of the Board of Directors of said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC ./2714799 15:59 ~A3~ 7~.~49S$~0 LAWLE¥ SERVICE [~004 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227,.BALTIMORE, MD 21203-1227 Know ALL NfF_~ BY THESE PR~SE~FfS: That tim FIDELFIh' AND DEPOSIT COMPANY OF'IV,-A~YLAND, a coz~or'~do~ of the S~re of Mafyl~4, by W. B. WAI..BP. BCKBl~.~Vice-Presiden~d T. E. SLOTH, A. ssismat ~ pu~cc of au~ofi~ ~ by ~cJe ~ S~on'2, of ~-Ls~ o~p~y, w~ mveme sldc hereof ~d ~ hereby c~ed to be h ~ll ~d ~e a~ her~ d~s h~eby nom~e, co~ ~d appo~r ~r~opher D, R~ ~be~ L. ~~n~y, Sandra ~ Schick a~d such bon~ or ~d~ ~ p~s~ce creese ~~~ u~n ~d Comply, ~ ~ly ~d ~ply, to ofKa~leen C. Ke~edy, ~, d,ted Nov~b~9?._~ ~ . · ~e said ~ssist~t Secre~ does hercb~ ~e~ s~ fo~ on ~¢ ~v~c s~de h~of is a ~e copy of . .~s~: FIDELI~ A~EPOSIT COMPA~ OF ~RY~ND S~ ofM~l~d ~ Com~ off, om On ~is 25~ day of J~e. A.D. 1~8. before ~e surpriser, a No~ ~bH, of ~e S~te of M~I~ duly ~EL~ A~ D~OS~ CO~ OF ~. m me p~y ~o~ to ~ ~e ~di~d~ ~d des~bed ~ ~d who execa~ ~e p~ed~ ~ ~ ~y m~ a~owledgcd ~ ~ecu~on berg by me duly ~. sev~liy ~d each for h~E ~pose~ ~d ~ ~ ~ey ~e ~e ~d o~cm of~e Comply afo~i~ ~d that ~e seal aff~cd ~ ~e prong ~ b ~e ~ S~ of ~d Comply. ~d Ca~omtc S~l ~d ~e~ si~$ ~ such office~ were du~ ~ ~d s~scdbed ~ ~e s~d ~cnt by ~c a~ori~ ~d d~on of~e s~d Co~on. ~ T~ST]MONY WH~OF, I have hcrc~to set my h~d ~d a~cd my O~clal Se~ ~e day ~ y~ v,~/tten. Arotary Public My Comm[ssion Expires: Auo~': l, 2000 LI428-132-6S00 ~2/14/99 15:59 F,&X 7168498650 LiWLE~ SERVICE ~o05 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of ~he Board, or thc Presidem, or any Executive Vi~-lh~sideat. or any of ~enJor Vic~-lht~dents or Vice-Presidents si~cially aulhorized so to do by ~he Board of Direc~ or by lile.~x~ctl~ive Comm~l~, sh~ll haw power, by and wi~h lhe'concurr~nce of the Secretary or any ~a¢ ofth~ A~istaat $cc~mri~s, to appoint Resider Vice-P~sid,n~, Assisiant Vi~'-P~sidcnls and Ailomeys-in-Fac~ as the business of the Company may reqmr~, or to aurhoriz~ a~y l~rSon or pe~oons m ~x~cute on behalf of the Company any bonds, recog~i~n~s, s~,dmions, policies. ~onlra~, agr~emeat% de~ls, and ~l~as~s and assign.mis ofjudgem~, d~, mort~s and Ln~ameats in the naiur~ of moatages,...and to ~ the s~al or,he Comlmny CERTIFICATE I, tile undersigned, Assistant S~cretary of~e ~ A~ D~SIT ~ OF ~, ~ h~y c~ ~ ~e ofi~ Pow~ of A~m~ dw~ ~$ fo~go~g is a ~ ~F ~d ~ copy. ~ ~ ~ll for~ ~d eff~t on ~c ~ ~s c~; md I ~ ~ ~ ~ ~e Vic~i~ who ~ccu~ ~e ~d Pow~ ofA~m~y wm ~e of ~c ~o~ Vic~id~ ~d~y a~ by ~c B~d ofD~ W ~po~t ~y Ano~-~-Na~ ~ ~Id on ~e 1~ ~y ofMay~ 19~. ~SOLV~D: "~ ~e ~cs~e or ~ly ~pwd~ed ~ of ~ ~m~y ~d f~im~e or m~y or he~, whoever ~g up~ a ~ed ~py of ~y ~r of ~m~ ~ by ~e ~mp~y. ~i ~ ~d ~d bhd~g ~ ~e Comply ~ ~e ~c f~ ~ effe~ ~ ~ou~ ~y ~. C~y, 16th December 1 999 day of . , ~12/14/99 15:59 FAX 7168498680 LAWLEY SERVICE ~006 F1D LITY AND DEPOSIT COMPANY P.C'_ flox 1227, B~l~c~e, MD 21203 AS Of December '~1, 1998 ASSETS ................... . .............................................. $ 333,7fi0,32~ Res~c ~o~ ~ ~d CI~ E~se~ ...................................................... Rc~c for T~s ~ ~ ' * ' T~L~ ....................................................... ' .................. ~i~ St~.~ Up ...................................................... S 5,000,000 Su~l~s ..................................................................... Su~ ~ ~ ~hoI~fs ........................ : .................................... Tor~ .................................................................................... Sectt&~fi.e.~ g;'fled ut E20,1~ 000 in the ab~v~ s~temcnt ~c &.l:~sitcd a~ requkeet by law. SU, te of M.,u'yl a~ d City of Baldmorc ) SS: ELIZABETH A. NEVILLE TOWN CLERK R~.'GISTP,.AR OF VITAL STATISTICS MARRIAGE OFFICER EECORDS MANAGEMENT OFFICER I,'tii,;I-]I)OM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR PREFABRICATED DOME SALT/SAND STORAGE BUILDING BID OPENING: 10:00 A.M.. FRIDAY. NOVEMBER 12. 1999 TWO 1. (2) BIDS WERE RECEIVED: Dome Corporation of North America 5450 East Street Saginaw, Michigan ~8601 Ross A. Lake, President 517 777-2050 $82,480. Carter-Melence, Inc. PO Box 907 Sound Beach, NY 11789 Donald J. O'Hanlon, President 631 744~0127 $86,791. 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 mqueated for furnishing all of the labor, materials, and equipment for the construciion of a Pmfabrlcated Dome SalgSand Storage Facility at the Southold Town Highway Depa~ment, Peconic Lane, in accor- dance with the Specifications pre- pared by James R. Richter, R.A. Southold Town Engineering Department, Southold Town Hail, 53095 Main Road, Southold, New York 11971. Specifications may be obtained at the Office of the Town Clerk,Town of Southold, Town Hall, 53095 Main Road, Southoid. New York upon a payment of a $25.00 non- refundable fee, payable to the Sollthold Town Clerk. The sealed bids, together with a Non-Collusive Bid Certificate and bid Security in the form of a certified check or bid bond in the amount of 5% of the base bid will be received by the Town Clerk,at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thmsday, December 16, 1999 at which time they will be opened and read aloud in public. This invitation to bid ks not an offer and shall in no way bind the Town of $outhold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town Board of the Town of Southold reserves the right to reject any and all bids, and to retain bids for 45 days from the date of receipt. The contractor shall not withdraw his bid during this period, .and to waive any and all informalities m any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealod in envelopes plainly marked "Bid on Salt/Sand Facility", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, feder- al, state, or local, from which the Town of Southold is exempt. Dated: December 7, 1999. BY ORDER OFTHE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1136-1TD9 STATE OF NEW YORK) )SS: cOU~NTY OF SUFFOLK) \'1 ,¢_C;LFx ~, I./,.)(~ ~ i ~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for [ weeks successively, comI~encing, on t,~. ~t4/x day Sworn% to before md.q~l~¥ PLq(L:ILgT~TATE OF NEW ¥OaK day og /)~;'U- f) ~ ~7~i~4732613 ~4 ~ / J /, /~qAL~FIED~N Su~FOLKCOUNIY /~-~'2~-~c~g/ ~ /%'~MI~]~ON EXPIRES MAY 31 .~z~' LEGAL NOTICE NOTICE TO BIOOERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials, and equipment for the construction of a Prefabricated Dome Salt/Sand Storage Facility at the Southold Town Highway Department, Peconic Lane, in accordance with the Specifications prepared by James R. Richter, R.A., Southold Town Engineering Department,Southold Town Hall, 53095 Main Road, Southold, New York 11971. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon a payment of a $25.00 non-refundable fee, payable to the Southold Town Clerk. The sealed bids, together with a Non-Collusive Bid Certificate and bid security in the form of a certified check or bid bond in the amount of 5% of the base bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, December 16, 1999 at which time they will be opened and read aloud in public. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town Board of the Town of Southold reserves the right to reject any and all bids, and to retain bids for q5 days from the date of receipt. The contractor shall not withdraw his bid during this period, and to 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 Salt/Sand Facility", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: December 7, 1999. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 9, 1999 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971, Copies to the following: The Suffolk Times Town Board Members Town Attorney Data Construction Browns Letters Dodge Reports Burrelle's Information STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 10th day of December 1999 she affixed a notice of which the annexed printed notice is a true copy, in, a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Re-Bid on Construction of Prefabricated Dome Salt/Sand Storage Facility at Highway Department, Peconic Lane, Peconic, 10:00 am, Thursday, December 16, 1999. ~' Eliza6eth A.-Neville Southold Town Clerk Sworn to before me this ?_._hday of -December-.--, 1999. ' Notary Public DEC-lO-99 O3dSP~ FRO~CONSTRUCTIONDATACORP ~I~E~DOM O~NFORMAT~ON OFFIOEI~ '" ' 1888Z3Z9941 T-gn8 PO1 T~lephon~ (~LG) OFFICE OF TI-~ TOWN CLERK DODC , REeOR :S Z ,'S4 6 D,ffn,y 'r BURREL~'S INFO~A~IO~ ~3329 (Tele 9~ eg24~001 Cheryl TO: OAT~ ~NSTRUC~e~ ~0 3~ {Tele 900 365 lq00,~t lis Nan,] '- S [Fax Numar) DATE: ~ ~ ,, ,- RE: .~BIDS" ADVERTI ~] ~ I p~LI CA~[ON .... Number of Peg.es (includlll9 c~ver]: _ ;~ .,. f ~ml t~nsmi~l is not r~ived, pl~sp '~.11 (S16)765-1800. ':;; ~-~,,~. , ~. , ~.?*.,~ · , , ~ :,. ,, ~.~ PL~SE PUBLISH THE,~~G~OESC~D. -r~,~-- --.--RIb .-'~ _.~vnn= PUBLI.C~TION AT 'YOUR ~RLIEST CONVENIENCE: .:';' ' RE-BID ON DOME SRLTI~;~,STORAGE ,~ACiUTY. BID OPENING at 10:00 m Betty Neville. Thahk you. ~ ~ .- [I I __~ I ~RP. IAGI~ OFI~CER IiECORDS MANAGEMENT OFFIG]~ ~nOM OF INFORMATION ~UUT~UbU CLha~ Town Hall, G309~ M~in Raad P.O, Box 1179 Southold, New Yark 11971 F~ (516) 76~1~S T~l~phone (5~6} 7~X800 OFFICE OF THE TOWN CLERK TOWN OF SOUTI~IOLD FAX TRANSMITTAL TO: FROM: DODGE REPORTS 293-5q~6 {Tele. 293-9213) Daft=ney EIROWN'S LETTERS 2&~-9S76 (Tele. '~q--gBIB Amelia} BURRELLE'S INFORMATION a00 52q-3329 (Tele 973 992-6500) Cheryl DATK CONSTRUCTION 800 395-1.162 (Tele 900 395 le00,Ext !15 Nancy) BE~Ty.....NEYlL.LE, SOUTHOLD TOWN CLERK '$.U; 765~61aS (lax Number) DATE: J2/lol99 RE: .~BIDSe ADVERTISEMENT IPUBLI CATION Number of P~age$ (including cover): Z ...... If total transmittal is not received, please gall (516)76S-1800. COMMENTS: pi ~ASE PUBLISH THE FOI~LOWING DESCRIBED BID IN YOUR PUBLi. C~ATiON AT .YOUR EARLIEST CONVENIENCE: RE-BID ON DOME SALT/SAND. STORAGE FACILITY, BID OPENING at 10:00 am THURSDAY, DECEMBER 16, 1999 Please acknowledge receipt of this information, by signing below anBf~returning That~k yoU. Received By ~/ C .... Date Ui 'd 8LOL'ON S~3±SA$ NO[£V~OJN[ NOI±On~±$NOD ~dOt:g 66BI 10/12 '99 FRI 15:58 FAX 516 765 6145 SOUTHOLD CLERK ~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 1057 *** MULTI TX/RX REPORT [* 1512449576 [* 16118005243329 [* 17]1888232§941 [* 1812935456 [* 32]18009620544 Brown's Letters Burrelle's Info Data Construct Dodge Reports Construct. Info. ELIZABETH A. NEVILLE TOWN C L~.R.K KEGI b'TP-AI~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FKEEDOM OF LNFORMATION oFFICER Town Hall, 58095 Main Road P.O. Box 1179 Sout~okl, New York 11971 Fax (616) 765-&lq5 Telephone (516) 76~1800 OFFICE OF THE TOWN CLEHg TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DODGE REPORTS 293-5q56 (Tele. 293-9213) Daffney BROWN'S LETTERS 2q4-9576 (Tele. 2aq-9818 Amelia) BURRELLE'S INFORMATION 800 52q-3329 (Tele 973 992-6600) Cheryl DAT~ CONSTRUCTION 800 395-1.162 (Tele 900 395 l~00,Ext 115 Nancy) BETTY... NE~JLLE, SOUTHOLD TOWN CLERK '511; 765-61~5 (Fax Number) DATE: 12110199 RE: ~BIDS~ ADVERTI SEMENT/PUBUCATION Number of Pages (including cover): 2 if total transmittal is not received, please call (516)765-1800. cOMMENTS: PLEASE PUBLISH THE FOI~LOWING DESCRIBED BID IN YOUR PUBLICATION AT YOUR EARLIEST CONVENIENCE: RE-BID ON DOME SALT/SAND: STORAGE FACILITY, BID OPENING at 10:00 am THURSDAY. DECEMBER 16, 1999 EI.IY~BETH A. NEVII,I,E TOWN CLERK REGISTRAI~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-61~5 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DODGE REPORTS 293-5q56 (Tele. 293-9213) Daffney BROWN'S LETTERS 24~-9576 (Tele. 2~&-9818 Amelia) BURRELLE~S INFORMATION 800 52&-3329 (Tele 973 992-6600) Cheryl DAT~ CONSTRUCTION 800 395-1!62 (Tele 900 395 lq00,Ext 115 Nancy) BETTY NEVILLE, SOUTHOLD TOWN CLERK 516 765-61q5 (Fax Number) DATE: ]2/10/99 RE: aBIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 If total transmittal is not received, please call (516)765-1800. COMMENTS: PLEASE PUBLISH THE FOLLOWING DESCRIBED BID IN YOUR PUBLICATION AT YOUR EARLIEST CONVENIENCE: RE-BID ON DOME SALT/SAND STORAGE FACILITY, BID OPENING at 10:00 am THURSDAY, DECEMBER 16, 1999 Please acknowledge receipt of this information, by signing below and~ ~returning a faxed copy to me at 516 765-et~15, Attention: Betty Neville. Thank you. Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON DECEMBER 21. 1999: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Carter-Mellence, Inc. for the construction of a Prefabricated "Dome Type" Salt Sand Storage Building at the Southold Town Highway Department, Peconic, New York in the amount of $78,333, all in accordance with bid specifications, and subject to the approval of the plans. Elizabeth A. Neville Southold Town Clerk December 21. 1999