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Salt/Sand Storage Re-bid
Llzent~: 1313 CARTMEL CERTIFICATE OF LIABILITY INSURANCE ATEI M,DD,T 03/07/00 PRODUCER A.C. Edwards Inc. P.O. Box 428 140 Greene Avenue Sayville, NY 11782-0428 Carter Melence Inc P.O. Box 907 104 New York Avenue Sound Beach, NY 11789 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE i,N~RE~^:Tr~eie~s insuring& Oo~pa~y :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..... [ p0 LiCY E F~EC¥1~E iF0 LiCY ~XPjBATi0N I~TS~I TYPE OF INSURANCE I POLICY NUMBER ~.T~ (MM/~ D/yyI DATE(MMIDDIYY~ A GE~ERALLrABIM~ ilCO826C4649 I 02/08/00 ~02/08/01 ix [COMMERCIALGENERALUABIU _ ' m ,I I I CLAIMS MADE[~ OCCUR [ ~ ~k~ gO~ r~qt uaI ' GEN'L AGGREGATE LIMIT AP~ES PER: ~ o /os/oo o /o8/o A I X H~REO AUTOS L~4 NON-OWNED AUTOS I81048542102 IISHCUP826C467IND00 102/08/00 I -J°°o~" L IC~*,MS~AOEI DEDUCT BLE RETeNtiON $10000 I WORKERS COMPENSATION AN D EMPLOYERS' L AB L TY LIMITS COMBINED SINGLE LIMIT $1 , 0 0 0 / 0 0 0 (Ea accident) BODILY INJURY (Per persc~n) $ IBODILY INJURY (Per accident) $ IAUTOONLY-EAACCIDENT=$ [OTHERTHAN ~AA~C~$ !02/08/01 ] EACy OC~CURyE~E L ST~FLYJJMITSI ~ __ __ i~'L'EACHAOCIDENT LL DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Hooder is named as Additional Insured with respect to General Liability CERTIFICATE HOLDER Ix I ADDmONAU~Dir~:,,=R: ~_ Town of Southold 53095 Main Road Southold, NY 11971 ACORD2S-S(7/97)l of 2 #S1414/M711 CANCELLATION D~C ~ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD2S-$(7/9'7)2 of 2 #S1414/M711 THE STATEINSURANCEFUND 8 CORPORATE CENTER DR, 3RD FLR, MELVILLE, NEW YORK 11747-3129 (000) 000-0000 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CARTER-MELENCE INC PO BOX 907 SOUND BEACH NY 11789 POLICY NUMBER I 635 915-2 DATE 3/07/2000 3ERTIFICATENUMBERi 402-103 PERIOD COVERED BY THIS CERTIFICATE 4/18/1999 TO 4/18/2001 IPOLICYHOLDER CARTER-MELENCE INC PO BOX-907 SOUND BEACH NY 11789 3ERTIF~CATEHOLDER TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 635 915-2 UNTIL 4/18/2001 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 4/18/2001 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PHOVISION. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. U-26.3 GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney~southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Town Clerk From: Date: Mary C. Wilson, Esq. Assistant Town Attorney March 27, 2000 Re-' Certificate of Liability Insurance Carter Melence Inc.- dated 3/7/00 Re: salt building Please keep this Certificate of Liability Insurance in your files. /md clment~: 1313 CARTMEL g' T, CERTIFICATE OF LIABILITY INSURANCE 03/07/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI~ A.C. Edwards Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P,O. BOX 428 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 140 GreeNe Avenue S ayvi 11 e, NY 1178 2 - 04 2 8 INSURERS AFFORDING COVERAGE INS~REO :, ,NSUReB A:Trave lets I~{surance Carter Melence Inc - - P.O. Box 907 I~NSURE~m INSURER C: 104 New York Avenue [,NSUREP--~: Sound Beach, NY 11789 ilNSU~ERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE IERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES~ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. NSR[ ...... P0L cY E~ECT vE IRoLIm' ~x~ RAT ON LTR~ TYPE O .F INSURANCE POLICY NUMEIER D~T[ (MM!p D(yY) DAT[ [MM!DD/YY) LIMITS A IGENERALLIABILITY IC0826C4649 02/08/00 !02/08/01 EACHOCCURRENCE i$1, 000, 000 [XjBlkt Cont ractu_a~ POLICYI i JECT ' LOC A ~U~OMOBILS LIABILITY !I81048542102 ~ ALL OWNED AUTOS SCHEDULED AUTOS LXJ NON-OWNED AUTOS [ EX~CE$S UABILIT~_ ~ ISMCUP826C467IND00 RETENTION $10000 EWMOpRLKoEy~ESR~OL,~, AP~EiI~iS~yTIO N AND OTHER 02/o8/oo !02/08/ F ]RE DAM A~G E (Any One [ire~ $100 ]000 M~D E~(P(Anyone person) _$~ O00 . [ ~RSONAL ~ADV!NJUR¥ i$1_~ 0Q O~ 000 GENERAL AGGREG,~-TE 4 $2 ~O00 nO 0~0 PRODUCTS-COMP/DP AGGI $2_~ 000 · 00.O : COMB(NED SINGLE LtMIT ! (Eaaccidenl) $1 , 000 , 000 BODILY INJURY '!BOOILY ~NJURY I (Per accident) : (Per accident) I, ! AuTo ONLY- E^ ACC~BE~.TI+$ 02/08/00 !02/08/01 J I ' Certificate Hooder is named as Additional Insured w~th respec~ to General I Liability CERTIFICATE HOLDER J X ' ADDmONALINSUf~OilNSUPe-'RLET~R: ~ Town of Southold 53095 Main Road Southold, NY 11971 ACORD2B-S(7/97)l of 2 #S1414/M711 CANCELLATION AUTHORIZED REPRESENTATIVE DMC ® ACORD CORPORATION 198~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter tile coverage afforded by the policies listed thereon. ACORD2S-$(7/97)2 of 2 #S1414/M711 THE STATEINSURANCEFUND 8 CORPORATE CENTER DR, 3RD FLR, MELVILLE, NEW YORK 11747-3129 (000) 000-0000 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CARTER-MELENCE INC PO BOX 907 SOUND BEACH NY 11789 POUCYNUMBER I 635 915-2 DATE 3/07/2000 CERTIFICATE NUMBEF 402-103 POLICYHOLDER CARTER-MELENCE INC PO BOX 907 SOUND BEACH NY 11789 PERIOD COVERED BYTHIS CERTIFICATE J 4/18/1999 TO 4/18/2001 CERTIFICATE HOLDER TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 635 915-2 UNTIL 4/18/2001 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 4/18/2001 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. U-26.3 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials, and equipment for the construction of a Prefabricated Dome Salt/Sand Storage Facility at the Southold Town Highway Department, PeconJc Lane, in accordance with the Specifications prepared by James R. Richter, R.A., Southold Town Engineering Department,Southold Town Hall, 53095 Main Road, Southoid, 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 $outhold to award a contract for performance of the project. Should the Town of $outhold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town Board of the Town of Southo[d reserves the right to reject any and alt bids, and to retain bids for ~5 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 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials, and equipment for the 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 ~5 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 ELIZABETH A. NEVILLE TOVfN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS IVIANAGEMENT OFFICER FREEDOM OF INFOR/vIATION 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 TOVv2~I OF SOUTHOLD BID FOR PREFABRICATED DOME SALT/SAND STORAGE BUILDING BID OPENING: 10:00 A.M., FRIDAY, NOVEMBER 12, 199q TWO 1. (2) BIDS WERE RECEIVED: Dome Corporation of North America 5~50 East Street Saginaw, Michigan ~8601 Ross A. Lake, President 517 777-2050 $82,~80. Carter-Melence, Inc. PO Box 907 Sound Beach, NY 11789 Donald J. O'Hanlon, President 631 7~L[-0127 $86,791. INVITATION TO BIDDERS: CONSTRUCTION OF A PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 October 26, 1999 ENGINEERING DEPARTMENT INVITATION TO BID PROJECT: PREFABRICATED 50' DIAMETER "DOME TYPE" SALT SAND STORAGE BUILDING - SOUTHOLD TOWN HIGHWAY DEPT PECONICLANE, PECONIC, NEW YORK 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 AM on the, 12th day of, Nov.ernber 1999. All specifications are provided herein: drawings to be attached. A fee of Twenty-five ($25)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: Oct. z6. 1999 BY ORDER OF THE SOUTHOLDTOWN 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. PROPOSALGUARANTY 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, payabte 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. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. 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 wilt 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 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail,or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, ahd 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-lthroughB-3 C- 1 through C- 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 Page 1 through Page 7 DRAWINGS Framing Plan, Elevation & Details Foundation Plan, Sections & Details Sheet # I of 4 Sheet # 3 of 4 NOTE: To review a full set of full scale drawings for the 50' 'Doma¢' 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, Ny. 11971 (516) 765- 1802 PREFABRICATED DOME SALT SAND STORAGE BUILDING C-1 Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 (517) 777-2050 (517) 777-3477 Fax Web Site: http://www, dome-corp~na~com E-mail: dcn-america~dome-corp-na, com November 12, 1999 RE: Salt Storage Dome Town of Southold, New York Dome Corporation of North America has a one-year guarantee on the building and ten- years on structural integrity. There is a five-year guarantee on the roof 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. Sincere~y.~.._ 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 1 - 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 CERTIFIED RESOLUTION I, thc undersigned, Secretary of [ntcrnational Salt Company, LLC, a limited liability company duly organized and existing under the laws o£the State o~' Delaware and having its principal place of business in Clarks Summit, Pennsylvania, hereby certify that the following is a true copy of certain resolution duly adopted by the Board of Directors of said company in accordance with the Operating Agreement of the company, and recorded in tim minutes on May 12, 1997, and not subsequently rescinded or modified: RESOLVED, that the Chief Ex6cutive Officer, President, Vice Presidents, and Directors, of this Company or any of them, be and they hereby authorized to execute on behalfofthis Company all documents required for or incident to this Company's offer to sell to states, commonwealths, municipalities and governmental entities, rock salt for ice control purposes, the foregoing authority to continue until and unless specifically modified or withdrawn by the Board of Directors of'this Company. IN WITNESS WF[EREOF, I have hereunto subscribed my name and the seal of said Company this 8th day of November 1999 OHUBB VIGILANT INSTANCE COMPANY 15 Mountain View Road1 ~O. BOX 1615 Warren, New Jersey 07061-1615 3 BOND (AIA A310) KNOW ALL MEN BYTHESE PRESENTS that International Salt Co.. LLC Clarks Summit, PA 18411 as Principal and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto Town of Southold New York as Obligee, in the sum of One Hundred and no/100 ................................................... Dollars ($ 100.00 ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for Furnishing Bulk Ice Control Rock Salt NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into 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 theWork covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated November 8, 1999 ~tero~tional Salt> Co., LLC ~Robert H. Jones,~-~i/~m~n-and CE~' VIGIL~A~T INSURANCE COMPANY Linda Neph Attorneyin Fact Form 15 02-0332 [Ed 1-93) Chubb POWER OF Surety ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company ~partm®nt ~'SMountain View Road Warren, NJ 07059 Know NI ~eaePmsents, ThatFED~RALINSURANCE COMP~JdY, ~ IndB~coqx~atkm, VIGILa. NTINSURANCE COMPANY, a New Yo~ eorpo~ion, andPACIFic ~DEMNITYCOMPANY, a Wiseonsineorpomtion, do eachhe~by~n~ltuteandap~int Arthur L. Colley, John J. Owens, Lawrence W. Mastalski, Jr., and Linda Neph of Charlotte, North Carolina ............................................................................ each as their true and lawful Attorney.in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or othem~se, bonds and undertakings and other writings obligatory in the nature thereof (other then hell bonds) given or executed in the course of business, and any instruments amending or altedng the same, and consents to the moditTcation or alteration of any instrument referred to in said bonds or obligations. In W'Rneea Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2nd day of Augu s t, 19 9 9 Kenneth C. WendeJ, Assistant Secretary STATE OF NEW JERSEY County Frank E. Robe.son, Vice, resident on this 2 nd e~v ~' Au mu s t. 19 9 9 , b~m-e me, a N~a~f Publi~ ~ ~ Je~, ~IN ~ ~.~h C. Wen~l, · ~ FCER~F~A~ ~/ ~ t~ By-~of EDERAL INSU~NCE COMPANY, ~GI~NT INSU~E COMPAq, a~ PACIFIC INDEMNI~ COMPANY: 'All ~ of ~ for a~ ~ ~lf of ~ ~W ~ a~ ~11 ~ ~ In t~ ~ a~ ~ ~lf of ~ ~, e~ ~ ~ Chai~n ~ ~ P~ent ~ a ~ P~ ~ an A~ V~ P~, ~ ~h ~ ~ or an A~i~ S~, u~or t~r r~ ~ign~s. T~ slg~tum ~ s~ o~m ~ ~ ~, ~ ~ I~mp~. ~ s~tu~ of ~ of ~ ~11~ o~m: Chal~n, P~id~, any ~ P~, any ~nt ~ P~, .~ ~, any ~is~nt ~ a~ t~ ~1 of ~e C~ny m~ ~ aff~ ~ fa~mi~ to a~ ~r ~ ~ ~ ~ any ~e m~i~ t~o ap~nti~ A~ ~ ~ AEo~in-F~t for pu~ on~ of ~ a~ ~ti~ ~nds a~ u~ a~ ~ ~i~ obligat~ in t~ ~um t~f, a~ a~ ~h ~r of ~o~ ~ ~if~ ~ng ~h ~mik ~m or ~mi~ ~1 ~all ~ ~lid a~ ~nding u~ ~e C~ny and any ~ ~r ~ ~ and ~i~ ~ ~h fa~m~ ~m a~ ~imiM ~1 s~ll ~ ~1~ a~ ~nding u~ t~ C~ny ~h ~ to a~ ~ ~ unSUng to ~ E ~ ~.' I, ~n~h C. We~el, A~s~ ~ of FEDERAL INSURANCE COMPANY, ~GI~NT INSURANCE COMPANY, and PACIFIC INDEMNI~ COMPANY (t~ '~m~n~') ~ ~m~ ~ ~ (i) ~e f~oi~ ~ ~ ~ By-~ ~ C~n~ ~ ~ a~ ~, ~~ ~ U.S. T~ ~;~, F~~ ~ ~ P~ R~ ~ U. S. ~h (iii) the foregoing Power of Attorney is true, ~ smd in full foece and effest Given under my hend and eeals of said Companlss M Werren, NJ this 8th dayof November, 1999 I<e~neth C. Wendel, Asslstaht Ssoretmy IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety~chubb.com ACKNOWLEDGEMENT OF ANNEXED iNSTRUMENT STATE OF Pennsylvania COUNTY OF Lackawanna SS: On this 8th __day of ~November 1999, before me personally came Linda Neph who, being by me duly sworn, did depose and say that she is an Attorney-in-Fact of the VIGILANT INSURANCE COMPANY, and knows the corporate seat thereof, that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company et'which a Certified Copy is hereto attached, and that she signed said instrument as an Attorney-in-Fact of said Company by like authority. Acknowledged and Sworned to before me on the date above written My Commission Expires: July 9, 2001 ROSE MARY YUuilqSKI, Notary Public] S. abJngton ~T~p., Lackawanna County, PA } ,L Co,~,;aie~io, Expires July 9, 200! I Rose Mary Yusinski INSURANCE COMPANY STATEMENT OF ASSETS. LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 1998 (.in thousands ol dollars) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash ........................................................... $ 870 United States Government. State and Municipal Bonds ...................................... 581.789 Other Bonds ............................................... 102.602 Stocks ......................................................... 75,482 Shod Term Investments .................... 2,644 TOTAL INVESTMENTS ........................... 783,387 Outstanding Losses and Loss Expenses ..... Unearned Premiums .................................... Provision for Reinsurance ............................ Other Liabilities ............................................. 402,636 128,039 2.952 38,317 TOTAL LIABILITIES ................................... 571,944 Investments in Affiliates .............................. 34,562 Net Premiums Receivable .......................... 74,146 Other Assets ............................................... 18,916 Capital Stock ................................................ 4.000 Paid-In Surplus ............................................. 25,669 Unassigned Funds ....................................... 260,371 Unrealized Appreciation of Investments ....... 29,027 SURPLUS TO POLICYHOLDERS ............ 319,067 TOTAL ADMITI'ED ASS ETS ...................... $ 891,011 TOTAL LIABILITI ES AND SURPLUS TO POLICYHOLDERS ........................... $ 891,011 Investments are valued in accordan(~e with requirements of the National Association of Insurance Commissioners. Investments valued at $7,491 are deposited with government authorities as required by law. A CORRECT STATEMENT: A~sistant Secretary or Attomey-in-Fact BOND Cf 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 Department, Peconic Lane, Peconic, 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 S_~lt Storage Building - Peconic Lane just North of State Rt. 25 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, ff the Principal shah 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 12th day of November, 1999. DOME CO RP/~'RATION~. ~M ERICA Ross A. Lake, President FIDELITY AND DEPOSIT COMRANY OE?MARYLANO AIA DOCUMENT A310. BID BOND. A1A. FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 12th day of November, 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 BETTE PAWLANTA, NOTARY PUBLIC SAGINAW COUNTY, MI MY COMMISSION EXPIRES 03-28-01 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this 12th day of November, 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 it was so affixed by order of the Board of Directors of said ,cQrporatign and that (s)he signed his name thereto by like order. .~ c., ~ NOTARY: PUBLIC 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. WALBRECHE1L.~Vice-Presiden~and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of t~.~-Laws o~t, Company, which are set forth on the reverse side hereof and are hereby certified to be in full f~--~nd effee~.~"qtie date hereof, does hereby nominate, constitute and appoint Christopher Do Ross, Robert L. S~t~l~Kathlee/~Kennedy, Sandra A. Schenck and Dawn Wilson, all of Buffalo, New York, EACH its true an~l agant~q~:~ttomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act ~a,~.fl: _a_ .ny ~a~.n~..bonds and undertakings and the execution of such bonds or undertakings in pursuance of these pr~, shall b_~ding upon said Company, as fully and amply, to all intents and purposes, as if they had been du~y~uted and~howledged by the regularly elected officers of the Company at its office in Baltimore, Md., in thei4~proper ~s. This power of attorney revokes that issued on behalf ofKathleen C. Kennedy, etal, datedNovem~%¢~;~)1997. ~v~- The said Assistant Secretary does bereby';~,~fy that_~t~flt~Ytx-act set forth on the reverse side hereof is a t~ue copy of ^ icle VI, Se nn 2, of the By-Laws o^ :ompan s now in fu e. IN WITNESS WHEREOF, the said~Presid..~.~an'fl Assistant Secretary have hereunto subscribed their names and afl-rxed the Corporate Seal of the said FIDELITY~I? DEPOSIT COMPANY OF MARYLAND, this 25th day of June, A.D. 1998. ~.~.~v ATTEST: FIDELITY ANI~,2~EPOSlT COMPANY OF MARYLAND T. E. Smith Assi*tant ~cretary ~.. B. ~albrecher Vice-President State of Maryland ~ ss: County of Baltimore 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. Walb~cber, 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 instrument, 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'ged to the preceding instnnnent 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 instrument by the authority and direction of the said Corporation. IN TESTIMONY' WHEREOF, I have hereunto set my hand and afl-ged my Official Seal the day and year first above written, My Commission Expires: August 1, 2000 L1428-1324800 Coml:~t~es FIDELITY AND DEPOSIT COMPANY P.C. Box 1227' E^L'r,~c,~e, MD 21203 St~tement of Financial Condition AS Of Decem0er 31, 1998 A.SSET8 Bonds .............................................................................. $ 333,769,328 StocF~ ...................................................................................... 370,203,910 Real Esm£e ................................................................................ 2,$26,6 t 3 Cash La Ba.~c~ a~d OfQce~ ~ac[ Short Term Investments ...................................... 82,537,967 . t~rem~.tuns i_n Course of Collection (less th~n 90 ~ys old) .................................... 9,63:2.906 Reins'atonce and Othe~ Accounts R¢cei',rzble .................................................. 34,571,~37 T oT.~r. A.u,',u ~ ~ .~ A~ s ~t s .................................................................. $ 833,342,661 LI~BIL~r!IE$, ST31~LU$ A.ND OTF~R F~'N'DS Reser'w for Une. m~ted PreraJums ............................................................. $ 134,228,338 R~se~e fox' C/aJm~ and Claim Ex.:rises ...................................................... :263,487,564 Reserve for Taxes and Ex~e~es ............................................................ I2,894.1~0 IV~sceLtaneOLL~ ............................................................................. 35,969,434 Tc~r~ Lc~,~..rr~ ...................................................... .' ..................$ 426,579,516 CapitaJ Steclq l:~d Up ...................................................... $ 5,000.000 Surplus ..................................................................... 401,763,045 Surpl~ a~ 'regards PollcyhoI~,ers ............................................................ 4~6.763,045 Toz-~ .................................................................................... $ 833,342,$81 Sectuides carried ~ S20,139,000 in the abow statement aze ~l~sitecl a~ required by law. Securities carded on the basis prescribed ~' the NadonaJ As~ociazion of Insurance CorruuissJoners. On the basis of December 31, 1998 m~rket q~ota.don~ ~t all bonds and stoc~ owne& the Company's total ~zn. irted assets we,.dd be $840,802.150 an~ surplus as regas~s l:ml/cyhotdnr~ $414,222,834. I, Jos~a ~'. G.~,LL.<~ Treasurer of the Fmc;fY A':cO D~,osrr Co<,~¢'c o~ ivD..tv'~eq>, do hereby certify that the foregoing statement is a correct ex2fib/t of the assets :md liabiUde~ of the said Company on the 31st d~.y of December, 19~8. State of Macyl~d Ci~' of Baltimore J~ SS: .® PROPOSALFORM DATE: November 12, 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 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, 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: Eighty t%~o thousand four hundred eighty dollars and zero cents (written in words) $82,480.00 (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 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.9.{.r~his proposal or by mutual agreement may extend this ti~ej:~e~ ~-''//,f. ·~ Signature of Bidder: ~__._~-~' ~.'~' ~//g/ Business Address: 5450 East Street Saginaw, Michigan 48601 Telephone Number: 517 777-2050 Date: November 12, 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-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Dome Corporabion of North America 21 day of March ,~ 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. Bett J. Pawlantzi, Corporate S~ 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: ~oofer ;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: roofer ; and, it will obtain from each of its sub~cpn~nff~tractors and submit to~tJ:~-~ontracting or administering agency Prig[t~:Ft"he aw/aCd of any sub~a~under this contract the subcontractor certifiqa~ibn required by these B~l-~on~t, io~s. (~j~ature of Authorized/~,epresentative of Bidder) PREFABRICATED DOME SALT SAND STORAGE BUILDING F-1 T ' 'H A M E R I C A N I li T E 0 F It [ T E C T S AIA Doczlme~t A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOUtLAGED WITtl RESI'ECT TO 177; MODlt'IgPtTION 1987 EDITION TABLE OF ARTICLES GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America Copyright 1911, 1915, 1918, 1925, 1937, 195 I, 1958, 1961, 1963, 1966, 1967, 1970, 1976, (c) 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., W~shington, D.C., 20006. Rcproductkm of Iht' 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 [o legal prosecutions, ~1 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures lhat changes will not be obscured as may occur when documents are reproduced. ~ I}OCU~ ~205 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® *~) 9R7THEAMERCANINSTTI. TEOF&RCHITECTS, 735NEW¥ORKAVENUE, N.W.WASHINGTON, DC 200~K) A201-1987 I INDEX Acceptance of Nonconforming Work 966, 993, 12.3 AcccptanceofWo~k 900,9.8.2~993,9101,9103 Access to Work 3.16,62 I, 121 Additional Time, Claims for 43.6, 43.8, 439, 8.32 ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 95 Aesthetic Effect 4213, 4.5.1 Allowances 3.8 ApplicatlonsforPayment. 4.2.5,7.37,9.2,9.3,94,95.1,9.63, Approvals 24,333,35,3102, 3.12.4 through3128, 3.18.3, 427, 93.2, 1131.4, 13.42, 135 Arbitration 41.4,432, 43.4, 4.4.4, 4.5, Architect 4.1 4.2.13, 4.3.2, 5.2.1, 7.4, 9.42, 964,966 Architect's Administration of the Contract 4.2, 43.6, 437, 4.4, 94, 95 Architect's Approvals 24, 351,3102,312.6,3.12.8,318.3,427 Architect's Copyright 13 ArchitecEs Decisions 4.2.6,42.7,4.2.11,4.2.12,4.2.13, 43.2, 436, 4.4.1, 444, 45, 6.3, 73.6, 73.8, 8.1.3,8.31, Architect's Inspections 42.2, 4.2.9, 43.6, 94.2, 9.8.2, 992. 9101, 13.5 426. 4212, 52, 622, 734, 982, II 37, 12.1, 13.5 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Boller end Machinery Insurance 11,3.2 CHANGES IN THE WORK 31 I, 428, 7, 8.3.1,931 l, 1013 Claim, Definition of 4.3.1 Claims and Disputes 4.3, 44, 4.5, 6.25, 832, 931.2, 933,9104, 1014 Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost 436,4.3.7, 439,6 I 1, 103 Claims for Additional Time 4.36, 4.3.8, 439, 832 Cleaning Up 3.15, 63 COMPLETION, PAYMENTS AND 9 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Continuing Contract Perlormance 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE 43.?,5.4.].1,14 Contract Sum 38, 436, 4.3.7, 44.4, 5.23. 2 A201-1987 AIA DOCUMENT &201 · GENEF. AL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® '~ ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVEN[JE, N W. WASHIN(;TON, D C 20(~{X'~ CONTRACTOR 3 Contractor, Definition (If 3.1,6 1 2 Comractor's Bid 1 I I Contractor's Construction Schedules 3.10, 6 13 Contraclor's Empk)yces 332, 542, 3.8 ~, 39, 3.18, 425, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 226,3125,3142,4.2.4,6,1225 Contractor's Relationship with the Architecl 1.1.2, 321,3.22, 333, 35.1, 373, 311, 31283.16,318,4.23,424,42.6, 4212, 52, 622, 734, 9.8.2, I137, 12.1, 135 Cont factor's Representations 1.22,351,3.12.7,6.22,8.2.1,9.33 Performing the Work 332, 318, 4.23, 10 Contractor's Review of Contract Documents 1.2.2, 32, 3.73 Contractor's Submittals 310, 311,3.12, 42.7, 521 ~ 523, 736, 92, 93.1, 9.82, 9.9.1, 9102, Contractor's Superintendent 39, 1026 33, 34, 423, 82.2, 8.2.3, lfi Contractual LiahSity Insurance 1 I l l 7, 11.21 Coordination and Correlafion 122, 124, 331, Copies Furnished of Drawings and Specifications . . . 1.3, 225, 3.1 I Correction of Work 2.3,2.4,421,982, Cost, Definition of 7.3.6, 14.35 Costs 24, 3.2.1, 374,382, 315.2, 43.6, 43.7,4.3.81, 5.23, Cutting and Patching 3.14,6.2.6 Damage to Construcfion of Owner or Separate Contractors 3.14.2, Damagc to the Work . 314.2,991, 102.1.2, 10.2.5, 10.3, 11.3 Damages for Delay ............ 6.1.1,8.3.3,9.5.1.6,97 Date of Commencement of the Work, Definition of ...... 8.12 Date o f Substamial Completion, Definition of ........... 8.13 Day, Definition of 814 432, 436,44A,44.4,45,6.3,736,73.8,81.3,8.3.1,9.2, Decisions to Withhold Certification 9.5, 9 7, 14 1 1 3 Rejection and Correction of 23, 2.4, 3.51,42 l, Defective Work, Definition of 3.5. I Delays and Extensions of Time 43.1, 43.8 I, 4382, Disputes 414,43,44,45,6.25,63,738,931.2 Drawings, Definition of 1.15 Drawings and Specifications, Usc and Ownership of .... 1.1.1, 1.3, 2.25, 3.11, 53 Effective Date of Insurance 8.2.2, 11.1.2 AIA~ ,~ ~) t 987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENIJE, N '~V. WASHINGTON, D C 2CK/(X, A201-1987 3 Lees of Use Insurance ..... 11.3.3 931,9.3.12,933,9.42,9.65,9104 MISCELLANEOUS PROVISIONS 13 Mutual Responsiblll~ 6.2 Nonconforming Work, Acceptance of 12.3 Owner's Liability Insurance 11.2 Owner's Right to Clean Up 6.3 Owner's Right to Pertorm Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3, .~ ~ 7 Ownership and Use of Architect's Drawings, Specifications and Other Documents I l 1,1.3, 2.25, 53 Partial Occupancy or Use 9 fi 6, 9.9, ] 13 I I Patching, Cutting and 3.14,626 Patents, Royalties and 3.17 Payment, Applications for q.25, 92, 9.3, 94, 9.51.983,9101,9 t0.3, 9104, 1424 Payment, Certificates for 425, 429,933, 9.4, 95, 961, 966, 971,983,910.1,9103, 137, 141.1.3,1424 Payment, Failure ot 437, 9.513, Payment Bond, Performance Bond and 7364, Payments, Progress 4 .:,4, c) 3, 96, PAYMENTS AND COMPLETION 9, 14 Permits, Fees and Notices 223,3.7,313,736.4, 11)2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Product Data, Definition of 3122 Product Data and Samples, Shop Drawings 3 1 I, 3.12, 4 2 7 P rogrees and Completion 422,434,8.2 Progress Payments 434, 93, 9.6, 9.83, 9103, 13.6, 1423 Project, Definition of the 1.1.4 Project Manual, Definition of the 1.1.7 Property Insumllce I o 25.11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws ...... 1 3, 3.6,3 7, 3 13,4 IA,4 5 5, RcjectionofWork ? 3.51,42.6,122 Resolution of Claims and Disputes 4.4, 45 423,613,62, 1o Review of Contract Documents and Field Conditions by Contractor 122, 3.2, 3.73, 312.7 RightsandRemodles 112,23,24,3.5t.3 15.2, Royalties and Patanta 3.17 AIA DOCUMENT A201 · GENERAL CONDITIONS OF T}tE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 4 A201-1987 AIA~ · © 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENIIE, N'~q, WASHINGTON, I) C 20{RX, Rules and Notices for Arbitration 4.5.2 Safety of Persons and Properb/ 10.2 Safety Precautions and Programs ~ 2 ~ 427.10.1 Samples, Definition of ~ 12 3 Samples, Shop Drawings, Product Data and 3 ] I. 3.12, 42 ? Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3 l Schcdulcs, Construc0on 3 I fi 455,6, 1137, 1212, 1225 Shop Drawings, Dcfin0ion of 3121 Shop Drawings, Product Data and Samples 3.11,3.12, 427 Site, Useof 3.13,611,621 Site Inspections . 122,3.3.4,422,42.9,436,982,9101,13.5 Site Visits, Architect's 422,425, 4.29,436, 942,951,9.8.2,992,9101, 135 Special Inspections and Testing 426, 1221, 135 Specifications, Definition of thc 1.1.6 Statules of Limitations 4.5,42, 12.26, 137 Stopping tfic Work 23, 437,9.7, 1012, 10.3, 14 I Stored Materials 621,932,10.2.12,113.14,1224 SUBCONTRACTORS 5 Subcontractors, Work by ].24.332, 3121, Subcontrsclual Belations 5.3.54,9.312,9.6.2, Submittals 13,323,31(I, 311,312,4.2.7,52.1,5.23, 7.3.6,92,931,982,991,910.2,9103, 101.2, 1113 Subrogation, Waivers of 611, l 135, 11.3.7 Substantial Completion 429, 43.5.2.81 l, 8.13, 823,9.8,99.1, 1221, 1222, 13.7 Substantial Completion, Definition o f 9.8I Substitution of Subcontractors 52.3, 524 Substitutions of Materials 3.5.1 Subsurface Conditions 4.3.6 Successors and Assigns 13.2 Superintendent 3.9, 10.26 Supervision and Construction Procedures 12.4, 3.3, 3.4. Surety 441,444,54 I 2,9.10.2,910.3, 1422 Surety, Consent of 9.91,910.2,9.103 Surveys 222, 3183 Suspension by the Owner for Convenience 14,3 Taxes 3.6, ? ~ 64 Termination by the Contractor 14.1 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 333, q 2 o, 429, 942. 122 I, 13.5 TIME 8 Time, Delays and Extensions of 438.721,8.3 421,42.11, 4.3,44, 45, 53, 54, 735,739,82,92,93.1, 933,94.1,961,97,982,910.2, 11.1.3, 1136, 113.10, 113.11, 1222, 12.24, 1226, 137, 14 Time Limits on Claims 432,4.3.3.436, 439, 44, 45 Title to Work 932,9.33 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 UseofSIte 3.13,6~ 1,62 i Values, Schedule of 9.2, 931 Waiver of Claims: Final Payment 4.3.5,451,9.1t13 W2iver of Claims by the Owner 4.35,451,993, Warranty and Warrantics 3.5. 429. 4353,9.5.3,982,9.9.1, 12.2.2, 13713 When Arbitration May Be Demanded 4.5.4 Written Consen( ] 3.1,3.128,3.14.2,41.2,434, 455, 93.2, 982, 9.91,910.2, 9.103, 10.1.2, 1013, Written Notice 23,24,39,312.8,312.9,43,444, 45, 52.1, 53, 5411,822,941, 95.1, 9.7, 910, 1012, Written Orders 23, 39,437, 7,822, 1139, 121, 12.2, 1352, 143 I GENERAl. CONDITIONS OF TttE CONTRACT FOR CONSTRU(TI'ION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS 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 tile Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written aznendment 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 documents such a~s bidding requirements (advertisement or Contractor's bid or portions of addenda relating to bidding requirements) 1.1.2 THE CONTRACT The Contract represents tile entire and integrated agreement tract may be amended or modified only by a Modification. The tual relationship of any gind (1) Between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the 1ol.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 o} to be provided by the Contractor to fulfill the Contractor's obligations. The Work 1.1.4 THE PROJECT The Project is tile total construction of which the Work per part and which may include construction by the Owner or by 1.1.5 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. 1.1.7 THE PROJECT MANUAL TBe Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample [brms, Conditions of tile Contract and Specifications 1.2 EXECUTION, CORRELATION AND INTENT 1,2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in thc Agreement If either tile Owner or Contractor or both do not sign all the Contrac{ 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- iai with local conditions under which the Work is to be per- formed and correlated personal observations with require ments of the Contract Documents 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple mentary, and what is required by one shall be as binding a,s if required by all; performance by the Contractor shall be required only to the extent consistem 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 divk~ions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed thc 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, utx)n completion of the Work, The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac tot, 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 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ~)I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW, WASInNGTON, D.C 20OO6 this license shall bear tbe statutory copyright notice, if any, prepared by the Architect Subminal or distribution to mccl rights 1.4 CAPffALIZATION 1.4.1 Terms capitalized in these GcncrM Conditions include those which are (1) specifically defined, (2) the titles of hum 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 .$ INTERPRETATION quently ()mit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is tile 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 IDeated, 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 sh~l, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the CDntractDr 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 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for thc site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the resl:xmsibility shall secure and pay for necessary approvals, easements, a..;sess Contractors), Arlicle 9 (Payments and Completion) and Article I I (Insurance and P, onds) 2,3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in as required by Paragraph 12.2 or persistently falls to carry out hy written order signed personally or by an agent specifically so required by Subparagraph 6 1 3 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 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 numl~r The term "CDntractor" means the Contractor or tbe Contractor's authorized representative. Al& ~O~UM~r.I~T ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA* · ~ 1987 THE AMERICAN INSTITUTE OFARCH1TECTS, 1735 NEW YORK AVENUE, N.W,, WASHINGTON, D.C 2¢KXXa A20'~4 95? ? 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR allowances under Clause 3822 and [2) dl:tngcs in 3.9 SUPERINTENDENT 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded tile Con 3.10.2 Thc Contractor shall prepare and keep current, for thc 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 Thc 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- be available to the Architect and shall be delivered to the Archi 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.12.3 Samples are physical examples which illustrate by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub 3.12.7 By approving and submitting Shop Drawings, Product 3.12.8 The Contractor shall not be relieved of responsibility 3.12.10 Informational submittals upon which the Architect is the Contract Documents. 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 CUTTING AND PATCHING fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion A201-1987 9 3.15 CLEANING UP 3.18.3 The obligations of the Contractor under this Paragraph ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 Thc Architect is thc 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 sonabIy 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 tile Contract Documents shall be that of the former architect, 4.1.4 Disputes arising under Subparagraphs 4.12 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 :ts 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 thc 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 4.2.4 Communications Facilitating Contract Administra- tion. Except as o[hcrwise provided in the Contract l)ocumems Architect's consulrants shall be through the Architect. Commu nications by and with Subcontractors and material suppliers shall be through the Contractor Communications by and with separate contracn)rs shall be through the Owner. 4.2.5 Based (m the Architect's observations and evaluafions of the Contractor's Applications for Payment, thc Architecl will review and certify the amounts due the Contractor and 4.2.6 The Architect will have authority to reject Work which Architect considers it necessary or advisable for implementa tion of the intent of the Contract Documents, the Architect will have authority to require additional k~spection or testing of thc Work in accordance with Subparagraphs 13.5.2 and 13:5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise ,or not to exercise such authority shall give rise to a duty or responsibility of the Archi tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform lng portions of the Work 4.2.'7 Thc Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu ments. The Architect's action will be taken with such reason able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as 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 tats 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 4.2.11 Thc Architect will prepare Change Orders and Construe tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architecl will conduct inspections to determine thc date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the documems required by the Contract and assembled by thc Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents 4.2.10 If thc Owner and Architect agree, the Architect will pro 4.2.11 The Architect will interpret and decide matters concern with reasonable prompmess mad within any time limits agreed which interpretations required of the Architect shall hc fur nishcd in compliance with dais Paragraph 42, then delay shall made for them 4,2.12 Interpretations and decisions ol the Architect wilt 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 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 consNtent 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 Amhitect. 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 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) thc Architect has failed to take action required under Subparagraph 4.4,4 within 30 days after thc Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien 4.3.3 Time Limits on Clalrne. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION '* FOURTEENTH EDITtON AIA® "~) 1987 TIt E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENLJE, NW, WASHINGTON, DC 2{R~K~ A201-1987 11 4.3.4 Continuing Contract Performance. pending final rcs<) m writing thc Contractor sball proceed diligently with perfi)r 4.3.5 Waiver of Claims: Final Payment. Tbe alaking iff final .2 failure of thc Work to comply with the rcquircmems .3 terms of special warranties required by the Contract 4.3.6 Claims for Con~al~ or Unknown ~nditions. If con ditions are encountered at the site which arc (1) subsurface or othe~isc conccMed physicM conditions which differ materi ally from those indicated in the Contract Documen~ or (2) unknown physicM conditiom of an unusuM nature, which dif- fer materi~y from those ordinarily found to eMst and generMly by the obse~ing party shall be given;to the other party promptly before conditions are disturbed and in no event later th~ 21 days after first obse~mce of~e conditions. The Archi tect will promptly investigate such conditions and, if they differ cost of, or time required for, performance of any part of thc Work, will recommend ~ equitable adjustment in the Contract the conditions at the site are not materially different from those terms of the Contract is justified, the Architect shall so noti~ CNims by either party in opposition to such determination mint be made within 21 ~ys aRer the Mchitect h~ given notice of the decision. If the Owner and Contractor cannot the adjustment shMl ~ referred to the Architect for initiM deter ruination, subject to ~rther proceedings pursuant to Paragraph 4.4. 4.3.~ Claims for Additional C~t. If the Contractor w~hes to as provided herein sh~l ~ given ~fore proceeding to execute the Work, Prior notice is not required for Cl~s relating to m emergency en~ngering life or pro~y, ar~ing under Para graph 10,3. If the Commctor believes additionM cost is involved for repons including but not limited to (l) a written inte~remtion from the Architect, (2) ~ order by the Owner to stop the Work where the Contractor w~ not at fault, (3) a writ- ten order for a minor change in the Work issued by tbe Archi tect, (4) hilure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's sus~nsion or (7) other reportable ground, Claim shall be filed in accordance with the procedure established herein. 4.3.8 CMIms for Addltlona{ Time 4.3.8.1 If the Contractor wishes to make Claim for ~ incrc~e and of probable effect of delay on progress of the Work. In the czse of a continuing delay only one Claim is nec~. 4.3.8.2 If adveme w~ther conditions are the b~ for a CNim for additionM time, such Claim shall be documented by ~ta 4.3.9 Injury or Damage to Person or Property. If either part~r such party is legally liable, written notice of such injury or observance The notice shall provide sufficient detail to enable tional cost or time related to this Claim is to be asserted, it shall be filed ;rs provided in Subparagraphs 4.3.7 or 4.38. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Thc Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt ()fa 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) reiect the Claim in whole Or in part, stating reasons for re}ection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. Thc Architect may also, but is not obligated to, notify thc surety, if an3', ot the nature and amount of the Claim 4.4.2 If a Claim has been resolved, the Architect will prepare or 4.4.3 If a Claim has not been resolved, thc party making thc Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will 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 ihe Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry ArBitration Rules of the Panerican Arbitration Association, and iudgment up~on 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 43.5. 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. 4.5,2 Rules and Notices for Arbitration. CJahns hclwcen thc 4.5.3 Contract Performance Dudng Arbitration. During arhi with Subparagraph 4.34. 4.5.4 When Arbitration May Be Demanded. Demand for arbi written decision by that date, or (3) any of the five events described in Subparagraph 43.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is fin~] but subject to arbitration and (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 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 thc 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 shah 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 tot :ts described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an prig 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 ufa 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 party who 4.5.7 Judgment on Final Award. Thc award rendered by the ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of tile 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 Thc 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 emi ties (including those who arc 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 coptract with anyone to whom the Contractor has made reasonable objection $.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by thc Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection The Contract Sum shall be increa.sed or decreased by the dift~rence in cos{ occasioned by such change. and an appropriate Change Order shall be issued. However, no increase in the Conttact Sum shall be allowed for such change unless the Contractor has acted promptly and reSl~nsively in submitting names zs required 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By approprialc agrecmcnL writlcn where k'gally required for validity, thc Contractor shall require each Subcontractor, to respect to thc Work to be performed by the Subeontractor so that subcr)ntmctiug thereof wiLl not preiudicc such rights, and shall allow ti) thc Subcontractor, unless specifically provided Owner. Where appropriate, the Contractor shall require each contractors. The Contractor shall make available to each pro Subcontractor will be bound, and, upon written request of the 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 thc Work is .1 assignment is effective only after termination of the 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, 6.4.2 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 CUNT .RACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the fight to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents 5.1.2 When separate contracts are awarded for different tkms 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 ()wncr shall provide fi)r coordinatkm of The acuvi The construction schedules shall then constitute the schedules to thc Projecl with the Owner's own forces, the Owner sh~l be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor tinder the Condi tions of the Contract, including, without excluding others, thc)sc 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- stmction and operations with theirs as required by the Contract Documents 6.2.2 If part of thc Contractor's Work depends ~or 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 Contcactor 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 shMl 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 descril~ed 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 responsibIe as the Architect determines to be just. 14 A201-1987 ~,~ OOC~ENT ~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ·FOORTEENTH EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW. WASHINGTON, D {,~ 2(IOC~ ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.2 A Change Order shall be hascd upou agreement among 7.1.3 Changes in the Work shall be performed under appli templated are so changed in a proposed Change Order or Con- equitably adiusted 7.2 CHANGE ORDERS stating their agreement upon all of thc following: any; and 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 both. The Owner may by Construction Change Directive, tract Time being adjusted accordingly. sequently agreed upon; 7.3.7 Pending final determination of cost to the Owner, amoums not in dispute may be included in Applications for Paymem. The amount of credit to be allowed by the Contrac- tor 1o thc Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost ms con- firmed by the Architect. When both additions and credits change, thc allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change ?.3.8 If thc Owner and Contractor do not agree with the 7.3.~ When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in ment upon 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 7.4 MINOR CHANGES IN THE WORK ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contraci Time is thc period of time, including autfiorizcd adjustments, allont-d Jn Ific (ion tract Documents for Substantial Completion 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 Cnntractor is responsible. 8.1.] The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8 8.1.4 The term "day" as used in the Contract Documems shall mean calendar day unless otherwise specifically defined 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in tile Conlract Docun~cnts arc (>f thc essence of the Contract By executing the Agreement the Con tractor confirms tbat tfie Contract Time is a reasonable pt~riod for performing the Work 8.2.2 The Contractor shall not knowingly, except by agree merit or instruction of the Owner in writing, prematurely corn mence operations on tfie site or elsewfiere prior to the effectivt- date of insurance required by Article 1 I to bt: furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless tbc 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 witbin the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or hy labor disputes, fire, unusual delay in deliveries, unaw)idable casualties authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall he extended by Cfiange Order for such 8.~.~ Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. S.8.] This Paragraph 83 d(×*s not preclude recovery of dam ages for delay by either party under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM i11~ly require Tfiis scfiedule, unless objected to by thc Architect, sfiall be notarized, if required, and supported by such data Subcontractors and, material suppliers, and reflecting retainage 8.S.1.1 Sucfi applications may include requests lot payment on included in Change Orders. payment may similarly be made for materials and equipment 16 A201-1987 AIA DOCUMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR (N)NSTEUCTION · ,cOURTEENTH EDITION A[A~ · ~)1987 THE AMERICAN [NST[T[JTE OF AR(~n[TE(TI'N, 17~5 NEW YORK AVENUE. NW, WASInN(;TON, DC 20(Xg~ part :ts provided in Subparagraph 9 5 I Architect's observatk)ns at the site and the data comprising thc Application for Paymcnl, that lfie Work has progressed Io tht edge, inlormafion and belief, quality of thc Work is in actor wilh the Contract Documenls upon Substantial Completion, to and to specific qualif~cafions expressed by thc Arcfiitect Thc issuance of a Certificate for Payment will furthcr constitute ii ment will not be a representation that thc Architect has (1) quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received frnm Subcontractors and material suppliers and other data requested by the Owncr to substantiate thc Contractor's right to payment or (4) made 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5,1 The Architect may decide not to certify payment and may withhold a Certiffcate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 94.2 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. Tbe 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 thc Architect's opinion to protect the Owner from loss because of: .1 dcfecfive Work not remedied; .2 third party claims filed or rc~asonable evidence indicat- ing probable filing of such claims; .3 failure of thc Comractor to make payments prop erly ti) Subcontractors or for labor, m:~terials or liquidated damages R)r the anticipated delay; or except as may otherwise be required by law. similar to that provided in Subparagraphs 9.62, 9.6.3 and 9.64 9.6.6 A Certiffcate for Payment, a progress payment, or partial 9.7 FAILURE OF PAYMENT tiffed by the Architect or awarded by arbitration, then the Con shut-down, delay and start-up, which shall be accomplished as 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Al& [~al~l' ~01 · GENERAL CONDITIONS OF TI'IE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION Comple{inn. When thc Work or designated portion thereof is suhstantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub stamial Completion, shall establish responsibilities of thc damage to the Work and insurance, and shall fix the time within which tbe 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- tance of responsibilities assigned to them in such Certificate. 9.fi.~ 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 :Ls provided in the Contract Documents 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use ally completed or par tially completed portion of the Work at any stage when such portion is designated by separate agreemem with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph I 1.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu rity, maintenance, heat, utilities, damage to the Work and 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 Ix}rtion of thc Work to be used in order to determine and record thc condition of the Work 9.9,3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of wdtten 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 able under lhe Contract [X)cumenls and thc Conn;tcl fully per 9.10.2 Neither final payment nor any remaining retained percentage shag become due until the Contractor submits to tile Architect (1) an affidavit that payrolls, hills fl)r materials and equipment, and other indebtedness connected with thc 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 lng 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 paymem 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 thc extent and in such fi)rm 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 thc Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner ail money that the Owner may be compelled to pay in discharging such lien, including all COSL~ 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 thc 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 thc 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 4.35 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. A[A DOCUMEI*~r A~O1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 18 A201-1987 AIAs · ~) 1987 THE AMERICAN INSTITLITE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS nated hiphenyl (PCB), or when it has been rendered harmless, 10.1.3 Tile Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating tn asbestos or polycblorinated hiphenyl (PCB). 10.1.4 To the fullest extent permitted by law, thc Owner shall indemnify and hold harmless tbe Contractor, Architect, Archi tect's cousultants and agents and employees of any of tbem from and against claims, damages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance oftbe 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 n) injury to or destruction of tangible property (utber than thc Work itself) including loss of use resulting therefron'~, but only to the extent caused in whole or in part by negligent acts or omissiDns of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4,' 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The CDntractor shall take rea~sonablc precautions for De affected tbereby; '~afety regulations and notifying owners and uscr~ of adjacent qualified personnel 10.2.$ The Comracn)r sh',fll promptly remedy damage and loss Clauses 1021.2 and 10,2.1,3 caused in whole or in part by the directly or indirectly employed b~, tory of them, or by anyone is responsible under Clauses 10.21.2 and 10.2.1.3, except he liable, and not attributable to the fault or negligence of the 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, vent threatened damage, injury or loss. Additional compensa- 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 maintain in a company or companies lawfully authorized n) do business in {l~e jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set furth below which under the Contract and for which tbe Contractor may be legally liable, whether such operations bx.. by the Comractor or by a Subcomractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of tbem may be liable: disability benefit and other similar employee benefit acts AIA DOCUMENT A201 ' GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION &lA® · © 19~17 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON, A201-1987 19 11.2.1 The Owner shall ix: responsible for purchasing and dcmolilion occ;Isioned by enforcement of any applicable legal 11.3.1.3 If the property insurance requires minimum deducti voluntary deductibles. If deductibles are not identified in the because of deductibles. 11.3.1.4 Unless otherwise provided in thc Contract Docu- 11.3.2 Boiler and Machinery Insurance. The Owner shall required by the Contract Documents or by law, which shall specifically cover such insured obiec~s during installation and sh;dl bc muncd insurccL*;. 11.3.3 Loss of Use Insurance. The Owner, at tile Owner's Order 20 A201-1987 11,3.6 Before ;u~ exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 113. Each policy shail comain all generally applicable conditk)ns, defini policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant tO this paragraph 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, contractuai or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had ma insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any' applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their iust shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar 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 covered by appropriate 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 the Architect's request or to requirements specifically expressed in the Contract IN)cuments, it must, if required in writing by the Architect, be uncovered for the Architect's observation and bc replaced at the Contractor's expense without change in the Contract Time 12.1.2 If a portion of the Work bas been covered which thc Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor If such Work is in accordance with the Contract Documents, costs of uncover ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate 12.2 CORRECTION OF WORK paragraph 991, or by terms of an applicable special warranty required by thc Contract Documems, any of the Work is found Documents, the Contractor shall correct it prnmptly after tahoe of such condition This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of rime between Substan- tial Completk)n and the actual performance of the Work This obligation under this Subparagraph 1222 shall survive accep Contract The Owner shall give such notice promptly after dis 12.2.3 Thc Comractor shall remove from the site portions ol the Work which arc not in accordance with the requirements of the Contract Documents and are neither corrected by tbc Contractor nor accepted by the Owner 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor dance with Paragraph 24. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, thc Contract Sum shall be reduced by the deficiec, cy. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear thc cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents, Establishment of the time period of one year as described in Subparagraph 12.2,2 relates only to the specific obligati()n 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 Ek)cuments, the Owner may do so instead of requiring its removal and cot 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 thc firm or entity or to an officer of the corpOration for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu ments and rights and remedies available thereunder shall be in addition to and not a limitatk)n of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of pOrtions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test 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 the Architect timely notice of when and where tests and inspec tions are to be made so thc 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 negodatkms concluded. 13.fi.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upOn written authorization from the Owner, instruct the Contractor to make arrangemems 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 ~) the Architect may observe such procedures. AIA IX~CUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH ED[TION 22 A201-1987 Al^e "~) 1987 Ttt£ AMERICAN INSTITUTE Of ARCHITECTS, 173fi NEW YORK AVENUE, NW, WASHINGTON, DC 2(R~ paragraph 15 5 3 under Subparagraphs 1351 and 1352 reveal failure of tile 13.5.4 Required certificates of Icsting, mspecnon or approval shall, un[ess otherwise required by thc Conlract I)ocumeflts, 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contracl Documents, thc Architect will do st) promptly and, where practicable, at thc normal place of testing 13.5.6 Tests or inspections conducted pursuant to thc Con- tracl Documents sNail be made promptly to avoid unreasonable delay in the Work 13.6 iNTEREST 13.6.1 Payments due and unpaid under thc Contract Docu merits shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at tbe place ',,,'here the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan tial Completion, any applicable statute of limitations shall commence to nm and any 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, an9 applicable statute of limitations sbaiI 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 .3 After Final Certificate for Payment. As to acts or ante of the final Certificate for Payment, any appli any warranty provided under Paragraph 3.5, thc date Work by the Contractor under Paragraph 122, or the ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR ity having jurisdiction; Subparagraph 94.1, or because the Owner has not .4 if repeated suspensions, delays or interruptions by the any 305-day period, whichever is less; or evidence as required by Subparagraph 22 1 and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 6(I days through as provided in Subparagraph 141 2 .1 persistently or repeatedly refuses or la:Is to supply A201-1987 23 graph 54; and .3 finish the Work by whatever reasonable method the finished writing to suspend, delay or interrupt thc Work in whole or in part for such period of titl~e as Iht Owner may determine. 14.3.2 An adjustment shall hc made h)r increases in thc cost pcnded, delayed or interrupted by another cause for .2 that an equitable adjustment is made or denied under "14.~.~ Adjustments made in the cost of I~'rformance 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): 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 whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. WARNING: Unlicensed photocopying vlolate~ U.S. copyright laws and Is subject to legal peosecut~on. 1 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 ~n 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'OCUMBNT A311 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA WARNING: Unllcen~:l photo~:opying vi U.S. copydgltt ~ and I~ ~otq~t to legal prosecution. 3 PL ORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION ~s such thai, if Conlractor shall prompdy and fadhfully perform said Contract, then this obligation shall be null and void; otherwise il shall remain in full force and effecl The Surety hereby waive~ 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 m 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 termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety iointly 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 contra(t or cont~act~ of complelion arranged under this paragraph) sufficient fund~ to pay the cost of completion less 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 lhe first paragraph hereof The term "balance of the contract price," as used in Ibis paragraph, shall mean the total amount payable by Owner Io Contraclor under the Conlract and any amendments Iherelo, less the amount propedy paid by Owner to Contractor. Ar~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 fates due. No right of action shale 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 tWitn<,s~) AIA DOCUMENT A~lll · PEREORMANCE BOND AND LAB(IR AND MATERIAL PAYMENT 8ON0 · AIA ~ FEBRUARY 1qTO Ell. · THE AMERICAN INSTITUTE ()f ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 2 NOW, TH[R[rORE, TH£ CONDITION OF THIS OBLIGATION Is such thal, 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 this obligation shall be void; otherwise it shall remain in full force and effect, subiect, however, to the fo[- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being conslrued 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 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 mai[~ postage prepaid, m an envelope ad- dressed to the Principal, Owner ot Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state m 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 construclion hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in 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 States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere 4 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 4 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: (hereinafter called the Principal) Corporation with an office and place of , New York, (hereinafter called the Surety), 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 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 (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. ,19 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 SOUTHOLD dAMES RICHTER TOWN OF SOUTHOLD 53095 MAIN ROAD PO BOX 1179 SOUTHGLD NY 11971 Location and Type of Project PROdECT ID #: NONE SALT STORAGE BLDG. PECONIC LANE SUFFOLK COUNTY This schedule is effective from duly 1, 1999 through dune 30, 2000. A new Very truly yours, CHET RYSEOORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: PROdECT HAS BEEN COMPLETED/CANCELED: 130 Signatune Title Albany (518) 457-2744 Binghamton (607) 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-4878 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 REOUIRE~£NTS Each public work contnact the State, a public benefit coPponation, a municipal corponation on a commission appointed punsuant to ]aw (See Sections 220.3, 220.5) by each classification. (See Section 220.3~a) laborers. (See Section 220.3-a) of Labor, The allowable ratio of apprentices to journey- relates. (See Section 220-e(a)) 7. (a) 220-e(d)) 220-e(d)) (b) All subcontractors engaged by a public ~mprovement contractop on its su~contpactor, upon receipt of the original schedule and any subsequently Jssued schedules, schedule and will pay on pnovide the applicable Pate of wages and supplements specified therein. (See Section 220-a) PW-3 (4-95). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK JECTS IN NEW YORK STATE ZNTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects, WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. work, the following: Occupational classification in which worked, 5. Hourly wage rate paid 6. classification 8. Deductions made 9. Actual wages paid. When payroll records APPRENTICES: Employees cannot be paid apprentice rates if they are not WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in a sufficient amount to Satisfy the alleged unpaid wages and supplements, including interest and civil INTEREST AND PENALTIES: If an underpayment of wages or supplements is found. interest must be added at the rate then in effect prescribed by the POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits must post in 8 conspicuous place notices of PW 19 (7-99) docm: lettep2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. PW-202 (4-95) It should be noted that the existence of a registered apprenticeship program is Rot conclusive proof that any individual is registered in that program. PW-203 (7-99) docm: letter2e STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 TOWN OF SOUTHOLD Schedule Type COMPLETE t999A Date 09/28/99 JAMES RICHTER TOWN OF SOUTHOLO 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 01 PROJECT ID #: NONE SALT STORAGE BLDG. PECONIC LANE SUFFOLK COUNTY Copies of the wage and supplement schedule for the Public Work I~roject identified above are enclosed herewith. Sec.22§.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 CANCELLEB, P0STPONEB or assigned to agency's own employees. If reactivated, new rotes and supplements will be requested. [] CONTRACT AWARBEB: {check one and indicate date of first legal instrument which bound ogency to contract.) [] Letter of Intent [] Contract Signed [] Resolution. Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE F~01) General Construction [](02) Heating/Ventilation I-](03) Electrical 04) Plumbing 11(05) Other Controctor Informotion: 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) ~{01) General Construction []{02) Heating/Ventilation (04) Plumbing 11(05) Other Signature [] (03) Electrical Date 9907647 SUFFOLK 1~99A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION PAIO HOLIDAYS OVERTIME SUPPLEMENTAL BENEFITS EFFECTIVE DATES WORKERS COMPENSATION Page 2 Ppevailing Rate Schedule ................ Oe .umber .......... 9907647 SUFFOLK 1~99A -Proof of coverage must be on form C-105,2 (Certificate of Workers' holder. District Office Locations: Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Albany Btnghamton Buffalo Hempstead Rochester Telephone# B18-457-2744 607-721-8005 716-847-7159 516-485-4878 716-25B-4505 315-428-4056 315-793-2314 914-997-9507 212-352-6088 518-457-5589 FAX # 518-485-i870 607-721-8004 716-847-7650 516-485-0322 716-258-4708 315-428-4671 315-793-2342 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 Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. (AA) Time and one half of the hourly rate after 7 and one half hours per day. ( 8 ) Time and one half of the hourly rate after 8 hours pen day. (81) Time and one half of th~ hourly rate for the 9th & lOth hours week days C ) Double the hourly rate after 7 hours per day. Case NumbeP ....... 990?647 SUFFOLK 1999A d K L N 0 P O S F G Time and one half H Time and one half I Time and one half Time and one half Time and one half Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly HOLIDAYS PAID OVERTIME 2 3 4 6 ? 8 9 None. LaDor Day. Memorial Day and Labor Day. 13 ) Presidenti&l Election Day. 14 ) 1/2 Day on Presidential Election Day. 15 ) Veterans Day. 16 ) Day after Thanksgiving Day. 17 ) duly 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Year's Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Bay before New Year's Day. 25 ) Presidents' Day. 26 ) Martin Luther King, dr. Day. ASBESTOS WORKER WAGES(per hour) 7/0i/1999 Asbestos Worker ....... $ 31.61 OVERTIME: See ( C, O. T*, V ) on OVERTIME PAGE. * overtime code T applies to Labor Day only if womked. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTINE: See ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 19.64 Apprentices Same % as wages of $ 19.64 WAGES Rem./Abatement only* .... $ 22.00 *On mechanicial systems that are not to be scrapped. Rem & Abatement $ 4.00 9-12 BOILERMAKER Case Number WAGES(per hour) 7/01/1999 Boilermaker ( 7 hour day ) .... $ 33.00 Boilermaker ( 8-hour day ) 34 95 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE for 7-hour day. See ( D. 0 ) on OVERTIME PAGE for 8-hour day. HOLIDAYS: PAID: See ( 8, i6, 23 24 ) on HOLIDAY PAGE. OVERTIME: See ( 4. 6, 11, 12, 15. 25 ) on HOLIDAY PAGE. LABOR DAY. if worked, at quadruple pate. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th ?th 8th 60% 65% 7O% 75% 80% 85% 9O% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.96 plus 4?% of wage rate 4-5 CARPENTER WAGES(per hour) 7/01/1999 Building: Millwright .......... $ 31.58 OVERTINE PAY: See HOLIDAYS: PAID: See PAID: See OVERTIME: See APPRENTICES: 55% 65% B, E. E2, Q ) on OVERTIME PAGE. 18, 19 ) on HOLIDAY PAGE. 5, 6, 11. 13. 16. 18. 19, 25 ) for 1st & 2nd yr. Apprentices 5. 6, 11, 13. 16, 18, 19, 25 ) on HOLIDAY PAGE. 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) 9-740 CARPENTER Page 6 , Prevailin! late Schedule 'New York State ~ DepartmenOLabor ........................... Number 9907647 SUFFOLK ~999A 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. 18, 19. 25 ) fop 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% 5O% 65% 8O% SUPPLEMENTAL BENEFITS:(per hour worked) - See Below. 9-228T CARPENTER WAGES(pen hour) Piledriver ........... $ Dockbuilder .......... 7/01/1999 31.55 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: ( I ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (peh hour paid) - See Below. 9-1456 CARPENTER WAGES(pen hour) 7/01/1999 Marine Diver .......... $ 38.79 Tender .... 28.67 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. Case Number 9907647 SUFFOLK 1999A PAID: See ( 5, 6. 10, 11, 13, 0VERTIME: See ( 5, 6, 10, 11, 13, SUPPLEMENTAL BENEFITS:(per hour paid) See Below 9-1456/D CARPENTER WAGES(per hour) Timbermam ....... $ 7/01/1999 28.35 OVERTIME: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) fop 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 Journeyman's . wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) See Below, 9-1536H CARPENTER The following Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL BENEFITS:(peP hour paid) dourneyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 29. 13 Heavy/Highway: Carpenter .............. $ 29.13 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIOAYS: Page 8 Prevailing Rate Schedule ................... NumBer ............ 9907647 SUFFOLK 1999A PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, t0, 16 ) on HOLIDAY PAGE. APPRENTICES : ( i ) year terms at the following wages. Heavy/Highway Building 1st yr $ 11.65 $ 11.65 2nd yr 16.02 16.02 3rd yp 18.93 18.93 4th yn 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 20.59 Appr 1st & 2md terms 14.31 Appr 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/1999 Elevator Constructor ..... $ 34.415 "Modern. & service... 28.575 Apprentice: (6) month terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 6th ?th 8th 9th loth 50% 60% 65% 70% 75% ?5% 75% 75% ?5% ?5% OVERTIME PAY:CONSTR. See ( C, 0 ) o~ OVERTIME PAGE. OVERTIME PAY:~ODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTINE: See ( 5, 6, 7, 11. 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(pe~ hour ~orked) Construction $ 10.855 Modern./Service 10.705 9-1 GLAZIER WAGES(per hour) Glazier .............. $ 7/0i/1999 28.25 OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE. HDLIDAYS: PAID: See ( 1 ) om HOLIDAY PAGE. ............ Case NumDer ......... 35% 45% 60% 80% 9 1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/0t/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; 7/01/1999 4/29/2000 SWING SHIFT 4:30 P.M,to 12:30 A.M ..... $ 40,19 $ 41.36 GRAVEYARD SHIFT 12:30 A.M.to 8:A.M ........ 45,01 46.33 HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 30% 35% 40% on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the following percentage of dourneyman's 4th 5th 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% + App 3rd yr 43.5% + 43.5% + 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 $31.30 dOURNEYMAN ....... $29.22 $30.10 QVERTIME; See ( B. E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( I ) Overtime ( 5, 6, 9, 16, 26 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the following percent of journeymans rate. 1st 2nd 3rd 4th 5th 40% 50% 60% ?0% 85% 50 1/2% of hourly rate 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, Q ) on OVERTIME PAGE. 10/03/1999 26.97 24.80 18.60 13.95 HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 8. 9. 10. 11, 16 ) on HOLIDAY PAGE. * APPRENTICES: 1000 hour periods at the following percentage of journeyman.s wage. Ist. 2nd. 3rd. 4th. 5th. 6th, ?th. 6O% 65% 70% 75% 80% 85% 9O% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others pep hour) 04/04/99 10/03/99 15 % + 15 % + $ 3.41 $ 3.79 ..................... Case Number 9907647 SUFFOLK I~99A ELECTRICIAN WAGES (per hour) 7/01/1999 HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. 40% 50% 60% 7o% 8o% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.98 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: PAID: See ( 5, 6, 8, 9, 10. 11. t6, ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 8, 9, 10, tl, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (pep hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.37+ 12.5.% 12.5 % 12.5 % 12.5 % 4 1049 IRONWORKER ~AGE~(per hour) 7/01/1999 9907647 SUFFOLK 1~99A Structural ........... $ 37.70 Riggers .............. 37.70 Machinery Movers ..... 37.70 Erectors... 37.70 OVERTIME PAY: See ( 8, 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. lst. 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 Apprentices 17.88 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing & Metal Lathing .......... $ 31.45 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 8. lO, 11. 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at the following wage rates. let 2nd 3rd 4th $16.00 $19.88 $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 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental ............. $ 34.04 Case Number 9907647 SUFFOLK wage. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ t8,26 Appr l~t term 16.17 Appr 2nd term 16.43 9-580 LABORER WAGES (per hour) 7/01/1999 Building Laborer: Except Abatement ...... For Abatement See Below $21.28 + $1.59 addit.(Allocation to be determined) OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Abatement Only: ............... $ 22.00 4 O0 4 66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters Group # 2: Asphalt Shovelers, Roller Boys and Tampers. ............................. Number 9907647 SUFFOLK 1999A 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 ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.05 after 40 regular hours) 4~1298 MASON-Building WAGES(per hour) 7/01/1999 Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.83 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 o¢ Apprentices See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. A11 others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage, 1st 2nd 3rd 4th 5th Bth 7th 8th 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + wage percentage of $ 6.09 9-7/24 MASON - Building 9907647 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Building: 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 STH (500 Hfs) 6TH (500 Hrs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.46 Appr 8.28 9-1Brk MASON-Buildinq Unit Pavinq Work* WAGES(per hour) 7/01/1999 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:(peP hour worked) dourneyman $ 10.76 Appr '5.98 PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 Journeyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID; See ( I ) on HOLIDAY PAGE OVERTIME: See ( 5, 6. 8, 10, 11, 13, 18 , t9 , 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(per hour) 7/01/1999 Pointer, Cleaner,& Caulker (Macon) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. lst 2nd 3rd 4th $12.25 16.25 19.75 23.00 SUPPLEMENTAL 6ENEFITS:(per 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(peP hour) 7/01/1999 Cement Mason ........ $ 33.25 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) om HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8. 11. 13, 25 ) on HOLIDAY PAGE. New York State 990764? SUFFOLK ~999A APPRENTICES: wage. 1st 2nd 3rd 4th Sth 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.14 9-780 MASON - Buildinq WAGES(per hour) Building: 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. APPRENTICES: ( I ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4o% 6o% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.25 Appr 1st three months 0.00 All other Appr 12.25 9-202P MASON-Building WAGES (pen hour) ?/01/1999 SUPPLEMENTAL BENEEITS:(per hour worked) $ 13.85 s~7/3 WAGES(per hour) 7/0t/1999 11/01/1999 Tile Layer ........... $ 30.26 31.26 OVERT[ME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 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 5O% 55% 65% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.32 95% 14.52 9-?/52 MASON - Buildin~ WAGES(per hour) ?/01/1999 12/01/1999 Building: Tile Layer Helpen & Finisher ....... $ 25.74 26.24 OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 8, 10, tt, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per houn worked) $ 11.08 11.23 9-7/88 IRONWORKER WAGES(per hour) Derrickman/Rigger .... $ 7/01/1999 30.59 + $1.59 Addit. (Allocation to De determined) OVERTIME PAY: See ( C, O. V ) on OVERTIME PAGE. HOLIDAYS; .............. Case Number 9907647 SUFFOLK '999A PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman'~ wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 9O% SUPPLEMENTAL BENEFITS:(peP hour worked) $ 22.64 9-197 MASON - Buildinq WAGES(per hour) 7/01/1999 Building: 1/01/2000 34.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dou~neymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nO 3rd 4th 5th 6th 50% 55% 65% 70% 8¢~ 95% SUPPLEMENTAL 6ENEFITS:(per hour worked) dourneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Buildinq WAGES(per boor) 7/01/1999 1/01/2000 Marble-Riggers, Crane & Derrickman ..$ 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) ..................... Number 2O Labor 9907647 SUFFOLK 1999A $ 16.87 16.82 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 OVERTIME PAY: See ( A. E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. PAID: See ( I ) 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 Rpt/Ren. 10.73 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman $ 13.67 PLUMBER WAGE~ (per hour) 7/01/1999 10/31/1999 Plumber .............. $ 33.65 $ 34.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentages of dourneyman's wage. New York State Case Number 9907647 SUFFOLK I~99A 1st 2nd 3rd 4th 5th 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (pep hour worked*) Journeyman $ 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.O2 12.53 PUMP & TANK WORK Journeyman ................. $ 28.50 Overtime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( S, 6, 9. 10, 16 ) on Holiday Page. Apprentices: One year terms at the following percent of dourneyman,s rate. 1st 2nd 3rd 4th 40% 50% 60% ?0% Supplemental Benefits ; per hour worked. Journeyman ................. $ 14.7t App. 1st yr ................... 6.06 App. 2nd yp ................... ?.3? App. 3rd yr ................... 8.83 App. 4th yr .................. 10.29 4-200 STEAMFITTER WAGES(per hour) Steam Fitter .......... $ Sprinkler Fitter ...... 7/01/1999 35.30 35.30 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) Page 22 9907647 $ 17.50 + .34 per hour worked 14.49 + .34 per hour worked term percentage of 17.50 plus .34 pep hour worked 9-638A STEAMFITTER WAGES(per hour) 7/01/1999 Steamfitter ........ $ 22.30 Refrigeration to combined compressors up to five (5) horsepowe¢, and on A/C OVERTIME PAY:See ( 8, E, O*, S** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 21 6, 9, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. ** ( 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 1st term 7.00 Appr 2nd term 6.56 Appr 3rd term 6.01 Appr 4th term 5.56 9-6388 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. Case Number 9907647 SUFFOLK ~999a APPRENTICES: ( 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 4 154 SHEETMETAL WORKER WAGES (per hour) Sheetmetal Worker .... 07/01/1999 $ 31.89 For Temporary Operation or Maint.of Fans and Oe~king & Siding Work: ...... 80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, O, V ) on OVERTIME PAGE. ( D, E2. O, V ) for FAN MAINT.-DECKING & SIDING. HOLIDAYS; PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ) year terms at the following percent of journeyman rate 1st 2nd 3rd 4th 5th 6th 7th 8th 30% 35% 40% 45% 50% 55% 60% 7o% SUPPLEMENTAL BENEFITS: (per hour worked) Appr 1st term 5.53 Appr 2nd term 6,46 Appr 3rd term 7.31 Appr 4th term 8.32 Appr ~th term 9.41 Appr 6th term 11.85 Appr ?th term 13.18 Appr Bth term 15.56 4-28 WELDER Welde~... To be paid the rate of the mechanic perfoPming the work, TEAMSTER~BuildiO~ Truck Driver (Building and Heavy/Highway) WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/Highway) Group 1 ................. $ 26.955 Orivers of three-axle tractors & trailers, $4.00 per day additional. Drivers of heavy equipment & tagalong trailers. $10.00 per day additional. Drivers of boom trucks, $8.00 per day additional. 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. * must w~rk two days in holiday week. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TZME ............ $ 18.0025 OVERTIME ................. 9~40375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 OVERTIME PAY: See ( B. L. B. S1,) on OVERTIME PAGE. HOLIDAYS: PAID:(*)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 4-282.Demo SIGN ERECTOR WAGES (per hour) 7/01/1999 Sign Erector ......... $ 24.65 Plastic Mechanic ..... 19.72 Case Number ......... 9907647 SUFFOLK :999A OVERTIME PAY~ See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 11, 12, 16 ) on HDLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE APPRENTICES: (1) year terms at the followin9 percentage of dourneyman's wage. 35% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS; Appr 1st yr Appr 2nd yr Appr 3rd yr Appr 4th yr Appr 5th yr $ 4.62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 per hour worked + Employee share of Soc. Sec. $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month 2.44 per hour paid + 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 $ 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 Linerman .................... 24.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE ~e Numbel 990764? SUFFOLK 1999A HOLIDAYS; PAID: See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2, 8. 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) 22% of wage + $0.50 9-8a/28a (230) SURVEY CREW - 8uildinq WAGES:(peP hour) ?/01/1999 Survey Rates-Building: Party Chief ......... $ 30.0i Instrument Man ...... 25.60 Rodman ............... 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, 11, 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 .......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B. E*, O, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE, OVERTIME: See ( 5, 6, 7, tl, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates, 1st term $ 9.97 2nd term 14.14 New York State Case Number 9907647 SUFFOLK 1999A SUPPLEMENTAL BENEFITS (per hour paid) dourneymen $ 15.15 Apprentice 8.65 SURVEY CREW - Consulting Enginee~r CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for WAGES:(per hour) 7/01/1999 Party Chlef ......... $ 23.96 Instrument Man ...... 20.66 Rodman .............. 17,B8 OVERTIME PAY: See ( B, E*, O, 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 ( 5, 6, ?, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.8? 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyma~ $ 9,55 Apprentice 6.75 9-15dconsuit CORE DRILLING WAGES(per hour) 10/16/1998 10/16/1999 Core Drilling: Driller .............. $ 22.23 adair. Helper ................ 18.72 $1.00/hr.(Allocation to be determined) Note: Hazardous Waste Pay DifFerential; For Level C, an additional $ 0.25 per hour For Level 8, an additional .75 pen hour HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. ............................. e Number .......................... OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. · * See ( 8; 10, 11, 13 ) on HOLZDAY 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 OVERTIME PAGE. Apprentices: ( 1 ) year terms at the following rates; lst.yr ............... $ 11.00 $ 11.00 2nd.yr ............... 12.50 12.50 9rd.yr ............... 14.50 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) $ 8.30 + $ 7.95* + *overtime $ 9.95 + 10% of rate 10% of rate 10% of rate dourneyman ...... Apprentice ...... $ 5.00 + $ 5.00 + 10% of rate 10% of rate POWER EQUIPMENT OPERATOR - 8uildinq BUILDING: 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 Oriver, Power Winch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse, 9907647 SUFFOLK ~999A CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Welt Point), Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps, Roller (Dirt), VaO-AI], Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-shing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work), Hydra Power Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/Double WAGES (per hour) 7/01/1999 Class " A " ............... $ 31.16. *Add $3.00 for Hazardous Waste Work *Add $2.00 for Hazardous Waste Work *Add $1.00 for Hazardous Waste Work Class "E ". .............. 24.99 *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.00 350 $ 1.50 OVERTIME PAY: See D, O ) ON OVERTIME PAGE. HOLIDAYS: APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note QVERTIME APPRENTICE $ 8.40 4-138 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY: 30 LaOor 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 Maohine and Front Loader, Mulch Machine (Machine fed), Power Winches (All WAGES (per hour) 7/0i/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 " F " ............. 28.10 Class "G ". ............ 28.10 Class "H ". ............ 26.98 *Cranes : Boom length over 100 Foot add $ 0.50 per hour 150 $ 0,75 25O $ 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: Case Number 9907647 SUFFOLK !~99A APPRENTICE .... $16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 - APPRENTICE $ 13.04 Note Note: OVERTIME APRRENTICE B.40 MARINE CONSTRUCTION WAGES (per hour) Class D: Tug Engineer ........ 7/01/1999 10/01/1999 $ 25.18 $ 25.78 22.34 22.61 22.01 22.28 21.83 22.07 20,35 20.57 20.50 20.72 16,58 16,74 17.23 17.39 16.58 16.74 22.69 23.09 21.10 21.47 22,69 23.09 21.10 21.63 16.80 16.96 25.64 26.26 22.83 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 ( 6. F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5. 5. B. 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. Page 32 Prevailing Rate Schedule ',New York State Departmen Labor .......................... tse Number 9907647 SUFFOLK 1~99A SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B All Class C All 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 CONSTRUCT[ON WAGES (per hour) Drill Boat: Class A: Engineer .......... Blaster ........... Driller ........... Boat Copt ......... Class C: Welder/Machinist., Class D: Oiler/Helper ...... Deckhand .......... Core Driller ...... 16.41 16.56 7/01/1999 10/01/1999 $ 23.24 $ 23.54 23,51 23.81 23,25 23.55 19,34 19.53 23.03 23.30 20.25 15.83 18.38 OVERTIME PAY: See ( B. P. R, HOLIDAY: PAID: See ( 5. B. 8, lO, OVERTIME:. See ( 5~ 6, 8, SUPPLEMENTAL BENEFITS: (pep hour worked) Class A & B $ 4.08 plus Class C Class O ) on Overtime Page. 20.46 18.56 Helper ............ 15 ) on Holiday Page. 10, 15 ) on Overtime Page. $ 4,38 plus 8% of wage 8% of wage 3.59 plus $ 3.79 plus 8% of wage 8% of wage 3.11 plus $ 3.2i plus 8% of wage 8% of wage C add .................... 0.82 D add .................... 0.58 0.92 0.63 $ 2.42 1 .25 4-25/3 REQUEST FOR WAGE AND: ~0TPLEMENT INFORMATION AS REQUI1R~ED BY ARTICLI?/, 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or f,~ determination for additional occupations. Provide all information Requested Below SUBM'I*vt'I~D BY: I~ CONTRACTING AGENCY [~ 1' JBLIC WORK DISTRICT OFF~CE DATE (CHECK Oh~} [~ ARCHITECT OR ENGINEERING FIRM A. PUBLICWORK CONTRACT TO BE LET BY: (Enter Data PecLaining to Contracting Ager~cy) 1 Name arid complete addce~ (number, ~treet. city o~ town. z,p code) r-101 OOT []02OG$ I-J 03 DORMITORY AUTHORITY [] 04 STATE UNIVEI~ITY CON~TRUCTION FUND [] 0S MENTAL HYGIENE FACILITIES CORP. [] 06 OTHER N.Y. STATE UNIT []07 C~y []08 Local School DiStrict []09 Special Local D~t~iCt. i.e.. Fire, S~er, Water District ~ 10 Villa~ ~11T~n ~ 12 Coun~ ~ 13 ~er Non-N.Y. S~te 3. SEND REPLY TO (NAME ANO ADORESS): TELEPHONE: ( ) B. PROiECT PARTICULARS Project TITLE and/o¢ descriDt~n of work tO be pedocmed I~clu~e contract identification number, if aDplicable Net~re of Prole~- Check Oem [] 1. NewBuikling I-I 2. AddRio~ to Ex,:lng Structure I-t 3. Hee~/and Highway Con~truc~on (New and 7. ~m~R~ 1. luiMin~ceC~ul~ Name a~ T~e of 4. SERVICE REQUIRED Check appropriate box and provkle I~oject info,marion. [] NW ~du~ of Wag~ a~ Supplemen~ I~PROX'MATE B'O DATE ~ ~d~i~[ ~cu~ti~ I~or R~etminat~n ~C NUMBER ISSUED P~V~LY ~R OFF~E USE'ONLY' THIS PROJ~ Lo<etlon of Project: Location o~ SRe Route No~Stre~ Addre~, village or Cit~ OCCUPATION FOR PROJECT [] Co~t~uctio~ (iuikling. Hee~ Highway/Sewer/Water) I-1 Tunnelling I-1 Residential [] Land.ape Maintenance ElevatM maintenance Exterminators. Fum,gaton Signature OFIrlCE U~E ONLY I I I I I I I I I I I '1 I I I I I I I I I I I I II II II Il II II Il II Il II Ii II II Il II Il Il II II II II Il II I I I I I I I I I I I I I I I t I I t I t I I I SEE OTHER SIDE FOR LAWS RELATING 1'0 PURU¢ WORK CONTRACTS RIW-~ (1G44~ I L] iI (:3 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 Ua." 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 OwnedContracting 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 pumhase 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 enfoming such provisions of such subcontract or pumhase 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 pen~Jlty 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 rhay 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, looker rooms and ether storage or dressing areas, time clocks, locker rooms and other storage or dressin9 areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which ara segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or otherwise. 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 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: 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 recruitmenl! 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 pi.aces, 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 appticants 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 pem3it 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 20,4 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, or~ or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require apdme 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. (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 padicipated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Repor~in9 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 covedng 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 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 contractin9 or administering agency The stock number for the form is as follows: Standard Form No Stock Number Title 1 00 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 '¢~rk 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 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 maximum allowable levels authorized by the Cost of Living Council regulations or §tandards. 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 proceddres 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 No6 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 2202 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 actual¥ performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the apprepdate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hidng of employees for the performance of work under this contract or any subcontract 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 dudng which such person was discriminated against or intimidated in violation of the provisions of the contract; ' PREFABRICATED DOME SALT SAND STORAGE BUILDING N-7 6 (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 installedand 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 net 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 substaptive 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 odgin. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-8 IV. C D. 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. [~uilding Cap~city: 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 intedor 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 Page 2 V 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 Chall 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 openin9 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 § ply-5 layer, Douglas fir plywood, exterior grade, structural #1, COX. No other grade of plywood will be acceptable. All plywood shall be agency rated and conform to P8-1-85. 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 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 Reinforcing2 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 reinforcin9 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 placin9 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 SheathingE 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 b-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 Amedcan 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 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. 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 instailation 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 I ' I T ., ! T PROPOSAL FORM DATE: October 21, 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 OFTHEBOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: 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, 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 CONS~RJCT A PREFABRICATED CIRCI~I~NR "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: (written in words),~ ~ I~...~ (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Dor~ld J. O'Hanlon, President 104 New York Avenue P.O. Box 907 Telephone Number: Date: October 21, 1999 Sound Reach: NY 11 789 (516) 744-0127 PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 SYATEMENT OF NON-COLLL~N (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 know[edge 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 Donald O. O'Hanlon of ~er-He'lence, ThC. (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, I~c. 21 st day of October ,19 99 (SEAL OF THE CORPORATION) Laws of New York, t 965 Ch. 75t, Sec. '103-d, as amended effective September 1, 1965 / (Signature) Terence T. O'Hanlon, Secretary PREFABRICATED DOME SALT SAND STORAGE BUILDING E-1 NEW YORK STAekFFIRMATIVE ACTION CERTIFI~i'ION (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 Carter-Melence, Inc. (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work under the contract: trades as z~ired to complete work 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: as required ; 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 requ±rec] ; 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. (S~nature or--Author-izod Representative of Bidder) l~nald J. O'l-lanlont President PREFABRICAIED DOME SAlT SAND STORAGE BUILDING F-1 CARTER-MELENCE INC. CONTRACTORS P.O. Box 907, 104 New York Avenue, Sound Beach, NY 11789 (516) 744-0127 Fax: (516) 744-059~8 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 THE AMERICA INSTITUTE OF ARC tlITECTS AIA Do~'urnent A310 Bid Bond ~, ~ J~ ~I02 a co~ratJon ~;ly org~z~] u~er ti~e La~ of the S~a~ ~ ~ J~ ~ S~y, h~e~ ~1~ the ~, ~e ~d ~ f~tAy ~ ~ ~ of ~d ~ ~ ~ (~ere insert fuji ~am~ ~nd addr~s~ or lege~ title of ~n~r) ~ld, ~ ~ 11971 for ~e ~t of ~ ~11 ~d ~y ~ ~ ~, ~ ~{d ~i~ ~ ~ ~d S~ b~ ~sel~s, ~ h~s, .~t~s, ~a~-s, su~es~rs ~ asst., jo~tly ~ s~ly, f~y ~ ~ese WHEREAS, ~e ~i~ ~ ~t~ a b~. f~ ~bricmted Dome Typo .Sal~ .Sand Storage Building Highwa~ Department, ~econic Lanu, Peconic, New Yo=k 119~8 such Con:~act and give such bond or bonds, if the Principn[ sba{( pay to the Obli~ee the difference not to exceed the penalty heeeof between the amount specified in said bid and such larger amount for which the Obligee may in good fa(th contract with another party to perfornl the ~o,k covered by said bid, then this obligation shall be nukt and void, otherwise to remain Sig~d and ~eai~d this 215t day of October 19 99 Carter-Msl~, Inc. Bid O~ SUFFOnK ) the 21st c~y of October i~ the year 1999 , ~ ~-~ly c~1~ Donald J. O'Hanlon he r~i~e~ at Sound Beach, NY , ~hat he is %h~ ~ ~£"' President Ca.,- L er-Me lcnce, Inc. ,3 .... o~.po,,.~,t..,.on de.:'~',:.~ Ln and '~ich ~y order of the B~ard of D~rectors of said cor~ration. ~PUbllc, State of New York NO. 4978717 Qu~ed In Suffolk County Commission ~pires March ~ ;. ~2 / ~~ OF ~ in the ~ 19 99 , before of Imteraa~onal Fidelity Insurance 'II~TERNATIONAL FIDELITY INSURAN CE COMI~A.NY ON~ Nt'WAgK C.~t,q"~, 20~ I~LOOR, N~WARK, N~W//~,$I/Y 07~02-5207 ST^TEMENT O~ ASSETS, LIABILITIILq, SUIU%U$ AND O'r'EER FUNDS ^T DI~CI!~!~,I~R 3I, 199g A~.s~u ........................................ ___~ TOTAL A~S ~'~S ............................... 01~ Lia'bilitlei ......................................... ~_. ~ TOTAL LIA.RILITII~ .......................... Co~OU C,~pitsl $1ock ..................................... $ Cfl'OS$ l~eit.ln & Con~butgf $~Ns ............................ 374,6~ U~am~e~ )~m~ (Surplus) .................................. . Su~l~ a~ ~g~d~ Policy~older~ .................. TOTAL LIAHILmES, $U1L~LUS FIDI~.I'TY r~$UIANCf~ COMPS. NY, ce;tiS, ~K ~e forc~ ~ fair ~nl of ~sets, L~billd~, S~lus ~d O~ Fu~s of~is ~mp~y, at ~a close of b~, De~beg 3 l, 1998, ~ by i~ books ~ ~co~ ~. r~o~ed in it~ s~ on file ~h ~ b~ De~t ~ ~e S~c of N~ IN TESTIMONY WH~F.F. OF, ! have ~t my hand ami aff~,~d '.he Msl of the Company, ~.is 1246 day' of Febn~t~,, 1999. INTERNATIONAL FIDEI, I'TY I~SURANC-~ C01~AN~ T~,:t~73)E~.~O POWEF~F ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEy. 07102-~207 FOR BIDIRIDE~CONSE~TSIAFFIOAVITS TESTIMONY WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANy has cjuse(~ [hrs STATE OF' NEW J~:RSEi¢~ Cou~* of Eieex: ~ ~mpl~.:~he= f~el~ ~ qf ~e ~r of,~nW end I~IL !nd the ~py Of the 8e~lon cf the By-~ F'. 37 OU THE AMERICAN INS'HTUTE OF ARCHITECTS Bid Bond 10~ ~ ¥o~-k ~ S~ty, herei~D~er ca.li~2 th~ ~r~:y; ars ,~ ..... .~:d ii ~vd.v >~ ~ ~ld, ~ ~ 11971 as ~lig~ h~e~er c. ' ..~*t ........ e s, ........ $~r~ ~ assign, jointly '-,"~i~ " :Ji~i~'.' ~ t'~e%~c~ 19 99 :1 COON~ OF SUFFOLK October i~l the year 1999 , Donald J. O'Hanlon he reeic~.~ at Sound Beach, NY r~hat he ig the President of Cait,.:r~,H,,kcnce, Inc. ,th'~ CO~%yorat'2kon de~'r~ iJ~ and execaated t~%e abo~ i~s~,z~t; adz] that he sl~ned his r~m~ thereto by order of the Bcazr! of Directors of said corf~ratlon. MARY C. MICHN~ 1~l~TPllbllc, State of New York No. 4978717 fluaJilled in Suffo/k CounW Commission Expires Mamh ~ ~,' ~c~ / · IN'I'ERI~ ATIONAL FFDE,L[I~ INS'UR.-~N CE. C GM,ANY ONE ~¥CK.t< C=,'-b,~ ~fEK, ~0TM FLOOg, N'£WAP~ NB~' ~EP.$BY 07~0~-S207 STATFAL?. ~ ¢)~ ASS~Tf, LL~.~i'[.ITIES, SURELTJ$ AND O'fi~R FUNDS rN ESTLMONY ~, H .g,f.;OF,, l~ave .,et my hand FOR [~IDtRIDER/CONSENT$/AFFIDAVI TS INVITATION TO BIDDERS: CONSTRUCTION OF A PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEWYORK 11958 October 26, 1999 INVITATION TO BID PROJECT: PREFABRICATED 50' DIAMETER "DOME TYPE" SALT SAND STORAGE BUILDING - SOUTHOLD TOWN HIGHWAY DEPT PECONICLANE, PECONIC, NEW YORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Prefabricated Done Salt Sand Storage Building located at the Southold Town Highway Depadment on Peconic Lane, in accordance with the Specifications prepared by James A. Richter, R.A, Southold Town Engineerin9 Department, Southold Town Hall, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10 AM on the, 12th day of, Nov.ember 1999. All specifications are provided herein: drawings to be attached. A fee of Twenty-five ($gS~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: Oct. z6. 1999 BY ORDER OF THE SOUTHOLDTOWN 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. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. 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 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail.or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. 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-lthroughB-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- I through L- ???? M- 1 through M- 2 N - 1 through N -8 SPECIFICATIONS Building Specifications Page 1 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. Richtar,R.A. at the Southold Town Engineering OffK:e 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 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 parti,es 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, 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: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement 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 1034 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 indu~;e 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 cbntained 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 foragoing 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-d. 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: 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: ; 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 AML: CAN INSTITUTE OF AR( IITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Oblige~ in accordance with the terms of such bid, and 8ire such bond or bonds as may be specified in the biddin8 or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the .event of the failure of the Principal to enter such Contract and 8ive such bond or bonds, if the Principal shall pay to the ObliBcge the difference not to exceed the penalty he.of between the amount specified in said bid and such larBer amount for which the ObliBee may in 8ood faith contract with another pan, y to perform the Work covet~:] 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) O/Vitness) ffide) AIA DOCUMENT A.11e · BIO BOND · AIA ~ ° FEBRUARY le~0 ED · THE AMERICAN INSTITU,TE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 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) will execute the Surety Bonds as herein-before provided. (Surety Company) 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 A M E R I C A N I N S T t '1 l; T E 0 ^ R ( T S AIA Docu;'nen! A201 General Conditions of the Contract for Construction THI,S DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSUL TA TIC)Ar WITH AN A TTORNE Y IS ENCOURAGED WITft RESPECT TO ITS MODII:I6~ T/ON 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 has been approved and endorsed by the A&sociated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1966. 1967, 1970, 1976, ©1987 by 'l'he American Institute of Architects, 1735 New YOlt( Av~auc, N.W., Wac~hington, D,C., 20006. Reproduction of the material herein or sub~tantial quotation of its provL~ions without written laerml.~k~ of the &lA vioLatea the copyright Laws of the United Statea '.md will he .~ubJect to legal pro~ccutkInS. CAUTION: You should use an original AIA document which hal this caution printed in red. An original assures that changes will not be obscured as may occur when documents ere reproduced. INDEX Acceptance of Nonconforming Work 96 6.993.12.3 AcccptanceofWt)rk 966,982,993,9101,9103 Access to Work 3.16,62 I. 12 I Addi[ional Time, Claims for . 436, 438, 439,832 ADMINISTRATION OF THE CONTRACT 3 3 3, 4, 9 4,9 5 Applications for Payment 425, 737,9.2,g.3, 94,951,9.63, 983,9101,9.103,9104, II 13, 14.24 Approvals 2.4, 333, 35, 3102,3124 through 3.128, 3183, 427,93.2, 113.1.4, 1342, 135 Arbitration 4 I 4; 4.3.2, 434, 444,4.5, Architect 4.1 Architect, Exlent of Authority 24, 3126, 4.2, 4.32, 43.6, 94,95,963,982,9.83,9101,9.103, 121, 12.2.1, Architect's Administration of the Contract 4.2,43.6. 4.37, 4.4, 9.4, 95 Architect's Approvals 24, 3.51, 3.102, 3.12.6, 312.8, 3.18.3, 4.2.7 ^rchitecl's Authority to Reject Work 35.1,42.6, 1212, 12.21 Architect's Copyright ........................ I 3 Architect's Decisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 92, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, Architect's On-Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Relatkmship wit h Cont raclor ...... I.I.2, 3.2.1.3.2.2, Award of ~ubeontrec~ end Other Contracts for Pol~iofll of ~he Wo~t~ .............................. 6.2 Baofo D~lnltlon~ .................................... 1.1 Botiet and MacldneW Insurance ..................... 11.3.2 Certificate of Substanlial Completion 9.82 Certificates for Payment 425, 429, 9 ~ ',, 9 4, 9 5, 96 ], Changes 7.1 CHANGES IN THE WORK 3 I 1,428, 7, 83 I, 93 I 1, 10 ] 3 Claim, Definition of 4.3.1 Claims and Disputes 4.31 ~:4,45,625,832, 9312,933,9104, 10.14 Claims and Timely Assertion of Claims 4.5.6 Claims for Addltlocel Cost . 436,4.3.7, 439,611, I03 Claims for Additional Time 436, 4.3.8, 439, 8.32 Claims for Concealed or Unknown Conditions 4.3.6 Claims for Damages.. 3.18, 439, 61 l, 62.5, 8.32, 95.12, l014 Claims Subject to Arbilration 432, 44.4, 4.51 Cleaning Up 3.15,63 Commencement of Statutory Limitation Pertod . 13.7 221,321,32.2,371,3101,3126,437,521, COMPLETION, PAYMENTS AND 9 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ............................ 1.1.4,6 Construction Change Directive, Definition o f ............ 7.31 Construcllon Change Oln,ctlves I .I.I, 4.2.8, 7.1,7.3, 9.3.1.1 Constructk)n Schedules, Contractor's 3.10.6.1.3 Contingent A~lgnment of Subcontracts .............. 5.4 Continuing Contmol Performance 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE 43.7, 54 1 I, 14 Contract Administration 333, 4, 9.4, 95 COIIIrBCt $um ................ 3.6, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 2 A201-1987 CONTRACTOR 3 Comrac~or, Definition oF 3.1,6 I 2 Contr~clor's Bid I [ i Contractor's Construction Schedules 3.i0, 6 1 ~ 736, 9~2, 93.1, 9.82, 9.91, 9102, 3.10, 3.127, 6.1.3, 6.21 Costs 2.4, 321.37.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.23, 6. I.I,6.2.3,63,7333,736,7.37,9.7.9.8.2,9.10.2,11.3.12, I 1.3.1.3, 11.34, 11.3.9, 12 I, 12.2.t, 12.2.4, 12.2.5, 13.5, 14 Cl. tttlrtg alld Patching ................. 3.14,6.2.6 Damages for Delay .................... 6.1.1,8.3.3.9.5.1.6.9.7 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decision. lo Withhold Certification ...... 9.5, 97, 14113 7.3.9, BAA,~l.3, IO.3.1. 14.1.1.4 Disputes ............ 4. 1.4.4.3, 4.4.4.5, 6.2.5, 6.3.738.9.3.1.2 Emergencies q ) 7, 10.3 Employees, Conlractor's ~, ~2, ~ 42, 58 I, 59, 518 I Final Completion and Final Payment 421,42.9, 432, GENERAL PROVISIONS 1 Governing Law 13.1 Indemnification 317,3.18,910.2, tot4, II ~ I 2, 11.37 Information and Services Required of the Owner 2.12,2.2, 43.4,613,6t 4, 626, 932, 961, 964, 9.8.3, 9.9.2, 910.3, 10.14, 112, II 3, 13.5.1, 13.52 Injury or Damage to Person or Properly 4.3.9 Inspections 333,334, 37 l, 4.2.2, Insurance ....... 4.3.9.6.1. I, 7.364, 93.2, 9.8.2, 9.9.1,9~ 10.2, 11 Inaurance, Boiler and Machinery 11.3.2 Insuranca, Contractor's Uablllty 11.1 Itmuranoe, Owneei Liability ............ 11.2 Insuram:e, Property ............... 10.2.5,11.3 Insurance, Stored Materials 9.3.2. l 1.3.1.4 INSURANCE AN, D BONDS ......................... 11 Insurance Companies, Consent to Partial Occupancy . 9.9.l, 11.3.11 Intent of the Contract Documents 1.2.3, 3.12.4, 426. 4.2.7, 4.212. 4.2.13, 7.4 Interest 13.6 Judgment on Final Award 4.51.45.4.1,4.$.? Labor arid Materlsia, Equipment I 13, I 1.6.3.4, 35. I, 38.2. Umltatlon o~ Conlolldatlon or .Joln4er ................ 4.$.$ 9.31,9.3.12,933,942,965,9104 Minor Changes In the Work I 11,428,4.37,71,?.4 412,421,523,7.831,97 Mutual Reaponalblllty 6.2 Nonconforming Work, Acceptance of 12.3 951,9.61,97,910, 1012, 102.6, 11.13, 113, 12.22, 12.24, 13.3, 1351, 13.5.2, 14 Notice, Written . 23, 2.4, 3.9, 3.12.8, 3.12.9, 43, Notl(~, Perm., Fee~ and ..... 2.2.3,3.?, 3.13, 7.3.6.4, IO.2.2 4.3.6, 9.4.2, 9.5.1.9.10. I. 13.5 Owne~, Infonttaflon and Se~tlces Required of the 2.12, Owneff$ Liability I~mu mnee .................. 11.2 Owners Right 1o Clean Up ........................... 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Ownership and Use of Architect's Drawings, Specifications and Other Documents I ] ]. 1.3, 225.5 ~ Partial Occupancy or Use 966, 9.9, 1 I 31 i Patching, Cutting and 3.14, 62 (~ Patents, Royalties and 3.17 Payment, Applications for 425.92~ 9.3, 94. Payment, Certificates for q 25, 429, 933, 9.4, 9 % Payment, Failure of 437.9513, 9103. ]1.39, tl.4 Payments, Progress 434, 93, 96, 983, 9 I03, ~36, 1423 PAYMENTS AND COMPLETION 9, 14 902,963,964, 1138, 142.12 Permits, Fees and Notices 223, 3.7, 313,736.4, 1(]22 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl I O. I Product Data, Definition of 312.2 Product Data and Samples, Shop Drawings 31 I, 3.12, 4.2.7 Pro~re.~ and ~omplet{on 422, 434, 8.2 Progress Payments 434.9.3, pro~-t~ Definition o f ihe 1.1.4 p ro~e~t ~[$nuall, D,efinition of t he t.t.7 Project Manuals 2.2.5 Project Representatives ............... 4.2. I 0 Propel~ Inauraoce .................... 1025,11.3 PROTECTION OF PERSONS AND PROPERTY ............ !0 Regulations and Laws ......... 1.3, 3.6, 37, 3.13, 4.1.1,4.5.5, Rejection ofWork ~ 35.1,;i.2.6, 12.2 Representations .............. 1.2.2, 3.5.1, 3.127, 622, 8.21, 93.3,9.42, 9.51,9.8.2,9.10. I Representatives 211,3 I 1.39, Resolution of Claims and Disputes 4.4, 4.5 Review Of Cuntract Documents and Field Conditions by Contractor ~ 22, 3.2, 3.73~ 3127 Royalties Snd Petaflta ....................... 3.17 Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs ~ z · 42 ? 10.1 Samples, ShopDrawings, Product Data and 11 3.12. 4 Z ' Samples at the Site, Documents and 3.11 Schedule of Values 9.2~ 9 ~, I Shop Drawings, Product Data and Samples 3 i I 3.12 4.27 Site, Useof 3.13,6 I I 62 I Spec~lcatlons, Definition of the 1.1.6 SUBCONTRACTORS 5 Substantial Completion 429, 435.2, 8.11,8. Suoce~om and A~slgns ................. 13.2 Superintendent ............................ 3.9, IO,2.6 Supenri~lon and Construction Procedures ...... 1.2.4,3.3,3.4, 4.2.3, 4.5.4, 6.!.5, 6.2.4, 7.1.3, 7.5.4, 8.2, 83.1, 10, 12, 14 Suspension by the Owner for Convenience 14.3 Termination by the Contractor 14.1 TerminaUonbytheOwnerforCause ~ ~ I I 14.2 TIME 8 Time, Delays and Extensions of ,i 38, 72 l, 8.3 Time Limits on Claims 43 2,4.3.3, 436.439, 44, 45 Title to Work 932, 9.3.3 UNCOV£RING AND CORRECTION OF WORK 12 Uncovering of Wod~ 12.1 UseofSlte 3.13, d11,621 Values, Schedule of 9.2, 93 ] Waiver of Claims: Final Payment 4.3.5, 4.5.1,9.10.~ 4353,933,982,99.1, 1222,13713 Weather Delays 4.382 When Arbitration May Be Demanded 4.5.4 WnttenNotlce ........ 23,24,39,3 28,3 29,43,4.4.4, Written Orders ................ 2.3, 3.9, 43.7, A201-1987 5 GENERAl. CONDITIONS OF TIlE CONTRACT FOR CONSTR[!CTI()N ARTICLE I GENERAL PROVISIONS 1,1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Owner and Contractor (hereinafter the Agreement), Conditions of the Conrtact (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior [o execution of Modifications issued after execution of the Contract A Modifi- cation is (1) a written amendment 1o 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 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 between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified onIy by a Modification. The 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 i~tended 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 parxlally completed, and indudes all other labor, materials, equipment and services provided or to be provided by the Contractor to fi.tlfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Pro~ect is the total consrtuction of which the Work per- formed under the Contract Documents may be the whole or a 1.1.5 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 ~-(:~FICATIONS Thc Specifications are that portion of thc Contract Documents conslsthag of thc written requirements for materials, cqutp- tht' Work, and pcrl~)rmm~cc of related services 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually asscnlblcd fi>f thc Work which ma)' include the biddirlg requirements, salt/pie fl)tins, Conditions of thc Contract and Specifications 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreemenl If either thc Owner or Contractor or both do not sign MI the Contract Documents, the Architect shall identify such unsigned Docu merits upon request 1.2.2 Execution of the Contract by thc Contractor is a repro sentation that the Contractor has visited the site, become farnil tar with local conditions under which the Work is to be per- formed and correlated personal observations with req~ire- merits of the Contract Documents 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor The Contract Documents are rumple 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 merits and reasonably inferable from them :z$ being necessary to produce the intended results. f .2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shalI not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIF~TIONS 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. Thc 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. Thc Drawings, Specifications and other documents prepared by the Architect, and copies thereof furuLehed to the Contrac- tor, are for rise solely with respect to this Project. They are not to be used by the Contractor or any Subcontractx)r, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside thc scope of the 6 A201-1987 license lo usc and reproduce applicable N)rlions of thc Draw sbown on the Drawings, Specifications and other documents prepared by the Architect Submittal Or distribution to metz rights 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Condifions include those which are (1) specifically defined, (2) tile titles of hum bored articles and identified references to Paragraphs, Subpara grapfis and Clauses in tbe document or (3) the titles of othe~ documents publisbed by tl~c Americm~ institute of Arcbitccls 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre quently omit modifying words such as "all'' and "any" and arti des such a.s "the" and "an," but the fact that a modifier or an article is absent from ()ne statement and appears in another is not intended to affecl the interpretation of either statement ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is tbe 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 propecty on which the Pro,:ct 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 INFOI~IATION AND 8F.~VIC~-~ 2.2.1 The Owner sh~l, al the requ~t of the Contractor, prior to execut~n of the Agreement and promptly from time to t~e ther~fter, ~rnish to the Contractor re~mble evidence that evidowe ~e fumtished on ~q~st prior to t~, ~ution oJ required to e~ute the ~ree~t or to commence the Work J ~.~.~ The Owner sh~l ~h su~eys d~fib~ physical c~e~, ~ l~i~tiom and utUity I~t~ for the site of the P~, ~d a I~ ~dpt~n of the site. 2.2,$ Ex~ for ~i~ ~d f~ wh~h ~ the ~ibility sh~l ~ ~d pay for ~ ~p~v~, ~en~, z~s- 11 (ll~Surance and Bond.s) by written order signed personally or by an agent specifically so required by Subparagraph 6 1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK default or neglect with diligence and promptness, the Owner day period afler receipt of such second notice fails to corn- may, without prejudice to other remedie~ the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional service~ 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- ARTICLE 3 3.1 CONTRACTOR DERNITION 3.1.1 The Contractor is the pemon or entity identified as such in the Agreement and is referred to throughout the Contract Documents as ff singular in number. The term "Contractor" mean~ the ContractOr or the (Xmtractor's authorized repre~sentative. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.3 SUPERVISION ANO CONSTRUCTION PROCEDURES 3.3.2 Thc Contractor shall be responsible to the Owner for acts and their agents and employees, and other persons performing 3.:3.3 The Contractor shall not be relieved of obligations to per form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's approvals required or performed by persons other than the $.:3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter 3.4 LABOR AND MATERIALS 3.4.2 The Contractor shall enforce strict discipline and good order anaong thc Contractor's employees and other pentons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks ar. signed to them. 3.5 WARRANTY 3 ~6 TAXES scheduled to go into effecl 3.7 PERMITS, FEES AND NOTICES and which are legally required when bids are received or nego- 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful Work shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. :3.?.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 the Contract Sum all .1 materials and equipment under an allowance shall be selected prompdy by the Owner ro avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, ~ applicable trade discounts; allowances under Clause 3.822 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 marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar requital submittals. These shall be available ~, One 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 D~wings are drawings, diagrams, schedules and 3.12.3 Samples arc physical examples which illustrate materiab, equipment or workmanship and establish standards Dy which the Work will be judged. 3.12.4 SIx)p Drawings, Pnxluct Data, Samples and similar sub- requiring submittal and review of Sbop Drawings, Product tat h:Ls heen approved hy ibc Architect Such Work shall he 3.12.7135, approving and submitting Sfiop Drawiugs, Product Ihat the Contractor has determined and verified materials, field will do so, and has checked and coordinated thc information contained within such submittals with the requirements of thc Work and of tbe Contract Documents 3.12.8 The Contractor shall not be relieved of responsibility K)r deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor ha~s specifically informed the Architect in writing of soch deviation at tbc time of submittal and the Architect has given written approval to the specific deviation The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi tect's approval thereof 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional 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 Thc Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 Thc Contractor shall be responsible for cutting, tilting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering socl~, construction, or by excavation. The Contrao tor shall not cot or otherwise alter such construction by the A201-1987 9 3.15 CLEANING UP 3.15.1 The Contractor shall keep tile premises and surround lng area free from accumulation of waste materials or rubbish 3.15.2 If the Contractor fails to clean up :as provided in the thereof shall he charged to the Contractor 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide thc Owner and Architecl 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 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, darn- age, loss or expense iS attributable to bodily injury, siclmess, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itsel0 including toss of use ~sulting 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 pan 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 pet'son 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, compensatinn or benefits p~yable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit sets. 3.18.3 The obligations of the Contractor under this Paragl'aph 3.18 shall not extend to the liability of the Architect, the Archi- ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to pract:ce architecture or an entity lawfully practicing architecture iden tiffed a.s such in the Agreement and is referred to throughout the Contract Documents as if singular in number Thc term 4.1.2 Duties, responsibilities and limitations of authority of the restricted, modified or extended without written consent of the sonably withheld, 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 41.3 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 (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, unle~ otherwise modified by wdtten 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 Docuroents. However, the Architect will not be to check quality or quantity of the Work On the basis of on- 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 Docun'mnts. The Architect will not have control over or charge of and will not be responsible for acts or omLssinns of the Con- 10 A201-1987 4.2.4 Communications Facilitating Contract Administra- Work in accordance with Subparagraphs 13.5.2 and 1353, lng portions of the Work Shop Drawings, Product Data and Samples, but only for thc while allowing sufficient time in the Architect's professional is not conducted for the purpose of detem~ioing 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- tais 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 precautiohs or, unie~;s 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 4.2.8 The Architect will prepare Change Orders and Construc the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine thc 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- vide one or more project representatives to assist in caring with re~onable promptness mad within any time limits agreed upon If no agreement is made concerning the time within nishcd in compliance with this Ptragraph 4 2, then delay shall made for them 4.2.12 Interpretations and decisions of thc Architect will bc consistent with the intenl of a~d reasonably inferable from the Contract Documents and will be in writing or in the form of drawings When makingsuch interpretat:ons and decisions, thc 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 ration of Contract terms, payment of money, extension of tinge 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 lng to the Contract. Claims must be made by wdtten 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 :ts 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 d~cision by the Architect in t'esporme to a Ciairu shall not be a condition precedent to arbitration or litigation in the event (I) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.a Time limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving risc to the Claim, whichever is later. Claims must be m.~de 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. A201-1987 11 4.3.4 Continuing Contract Performance. Pending I~nal rcs<) 4.3.5 Waiver of Claims: Final Payment. Thc making of final 4.3.6 Claims for Concealed or Unknown Conditions. Il con fer materially from those ordinarily found tO exist and generally by the observing party shall be given;to the other party than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ cost of, or time required for, performance of any part of the 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- ruination, 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 ['elating 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 inteq~retation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other procedure established herein, 4.3.8 Claims for Additional Time 4.3.8.1 If the C.6ntractor wishes to make Claim for an increase in the Contract Time. written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the ca.~ of a'continulng delay only one Claim is necessary. 4.$.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 4.3.9 Injury or Damage to Person or Property. If either part~, such party is legally liable, written notice of such injury or be filed as provided in Subparagraphs 43.7 or 4.3 8 4.4 RESOLUTION OF CLAIMS AND D[SPUTES 4.4.1 'Fh¢ Architect will review ClainlS and take one or iuore ol the lollowing preliminary actions within ten days of rcceipl ufa Claim (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the A~chi rect expects to take action, ()) reje&t the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The 4.4.2 Ifa Claim has been resolved, thc Architect wilt prepare or obtain appropnare documentation 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will 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 [he Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy, 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subl~ragraph 4.4.4 shall be subject to arbitration upon wdtten demand of either party. Arbirtation 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 bern rendered 12 A201-1987 ^1^, ,~)I987TIt£AMERICANtNSTtTUTEO£^RCntTECTS. 1735NEWYORKAVENUE. NW.WASInNGTON. OC 2{X~06 4.5.2 Rules and Notices for Arbitration. c. 3aim~ between [tlc* copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During atbi 4.5.4 When Arbitration May Be Demanded. Demand for arbi- described in Subparagraph 432 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration mad (2) a demand made within 30 days after the date on which the party making demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the 4,5.4.2 ^ demand for arbitration shall be made within the tm~e limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 a.s applicable, and in other cases within a reasonable after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitatiotLs as determined pursuant to Paragraph 13.7. 4.5.5 Umltaflon on Consolidation or Jolnder. No arbitration arising out of or reLating to the Contract Documents shall fllclude, by consolidation or joinder or in any other manner, the Architect, the Architect's employes or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other per. son or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, for as described in Article 6 and other persons substantially is required if complete relief is to be accorded in arbitration. No consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going ~ent to arbitrate and otber agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be spedl~zally enforceable under appli- cable law in any court having Jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. ^ part~ who 4.5.7 Judgment on Final Award. The award rendered by thc ARTICLE 5 5.1 SUBCONTRACTORS DEFINITIONS the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon contractor or subcontractors of a separate contractor 5.1.2 A Sub subcontractor is a person or entity who has a portion of the Work at the site The term "Sub-sobcontractor" 5.2 AWARD OF SUBCONTRACTS AND OTHER ticable after award of the Contract, shall furnish in wdting to ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal pot lion of the Work. The Architect will promptly reply to the Con- 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- sonable and timely objection. The Contractor shall not be required to co~ttract with anyone to whom the Contractor has made reasonable obiection 5.2.3 If the Owner or Architect has reasonable objection to a shall propose another to whom the Owner or Architect has no reasonable obiection. The Comract 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 resfx)nsivcly in submitting names a.s required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously s¢lected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS which the Owner accepts by notifying the Subcon- if any, obligated under bond relating to the Contract $.4.2 If the Work has been suspended for more than 30 days, 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 the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contracto[ who executes each separate Owner-Contractor Agreement. to the Project with the Owner's own forces, the Owner shall be deemed to be subject to thc same obligations and to have the same rights which apply to the Contractor under thc Condi those stated in Article 3, this Article 6 and Articles 10, Il and 12 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con tractors reasonable opporiunity 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 a~s 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 iect 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 s;zme 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 conwacts for maintaining the premises and surround- lng area free from waste materials and nsbbLsh 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 subsequently agreed upon, and if quantities originally con equitably adjusted 7.2 CHANGE ORDERS .1 a change in the Work; 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- pa~-cl by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consL,~ting of addi- 7.3.3 If the Construction Change Directive provides for an .1 mutual acceptance of a lump sum properly itemized and supported by sufftcient substantiating data to per- sequently agreed upon; .5 additional costs of supervision and field office person- 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amoum 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, tile allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect (o that change 7.3.8 If the Owner and Comractor do not agree with the adjustment in Comract Time or the method for determining it, the adjustment or the method shall be referred to the Architect ?.3.9 When the Owner and Contractor agree with the deter- merit upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. 15 A201-1987 ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Colltracl Time is thc period or time, including authorized adjustments, allotted in thc Con established in the Agreement The date shall not he postponed for whom the Contractor is responsible 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 98 8.1.4 The term "day" as used in the Contract 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 thc essence of the Contract. By executing the Agreement the Con for performing the Work 8.2.2 The Contractor shall not knowingly, except by agree date of insurance required Dy Article l 1 to be furnished by the 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 pedod before commencing the Work to permit the timely filing of mortgages, 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3,1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a ,separate contractor employed by the Owner, or by changes ordered in the Work, or hy labor disputes, fire, unusual delay in deliveries, unaw)idable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such 8.$.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3, 8.3.3 This Paragraph 83 doe~ m)t preclude recoveq' of dam- ages for delay by either party under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.2 SCHEDULE OF VALUES 9.3.1 At least ICh days bet~.)ic thc date ¢~,tablishcd [oi each included in Change Orders 9.3.1.2 Such applications may not include requests for pay- potation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will. within ,,;even days after receipt of the Application for Payment, that the Work has progressed to thc edge, infilrn/ation and belief, quality of the Work is in actor with the Contract Docucnents upon Substantial Completion, to and to specific qualifications expressed by the Architecl Thc issuance of a Certificate for Payment ','.'ill further constitute a represemation that the Contractor is entitled to payment in thc merit will not {De a representation that the Architect h~ (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made tot has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the 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 A~-chitect 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 Cesziflcate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or rea.~mable evidence indicat ing probable filing of such claims; .3 failure of tl~e Contractor to make payments prop equipment; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not he adequate to cover actual or liquidated damages for the anticipated de'lay; or .? persistent failure lo carry out the Work in accordance similar to that provided in Subparagraphs 9.6.2, 9.63 and 9.64 extended appropriately and the Contract Sum shall be 9.8 SUBSTANTIAL COMPLETION completc all Work in accordance with thc Contract Docu- 9.8.3 Upon Substantial Completion of the Work or designated 9.9 PARTIAL OCCUPANCY OR USE tially completed portion of the Work at any stage when such insurer as required under Subparagraph 1 1.3.1 I 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. rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- 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 SuCh 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- 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 occupmqcy or u~ 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. COMPLE't'ION 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 A~'hitect will promptly make tor and noted in said final Certificate is due and payable. Thc have heen fiJlfilled 9.10.2 Ncitber final payment nor any remaining retained percentage shall become due until the Contractor submits to thc Architect (I) an affidavit that payrolls~ bills for materi;fls and equipment, and other indebtedness connected with thc Work I?~r wfiich thc 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 lng that insurance required by thc 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 tfie 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. If a 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 Wock, £mal 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 tet'mlnatJng the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub paragraph 4.3.5 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute 2 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 Paymeilt. Such waivers shall be in addition to the waiver described hi Subparagraph 4.3.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.3 The Contractor shall not be required pursuant to Article polychlorinated biphenyl (PCB) 10.1.4 To tile fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, ha-chi tcct's consultants and agents and employees of any of them 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 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 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, dam~4ge, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph lO.1.4.- 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide rea.~)nable protection to prevent danmge, injury or loss to: b~ affected thereby; .2 the Work and materials and equipment to be incorpo tots; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, strucmr~ and utilities ~ ~sl~nated for removal, relo- cation or ~plaeement in the course.of construction. qualified personnel Clauses 10212 and 10213 causedin whole or m par~ by thc 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 1021.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of thc Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of thc Contractor. 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 the Contractor's organization at the site whose duty sball be the superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 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, 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 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in Ihe jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise ()ut of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any (If them may b~ liable: .1 claims under workers' or workmen's compensation, which are al~01icable to the Work to be pedormed; liability coverage which arc sustained (1) by a p~rson .6 claims for damages because of bodily injury, death of 11.1.2 The insurance required by Subparagraph I I 11 shall be written for not less than limits of liability specified in the Con payment and termination of any coverage required to be main- tained after final payment afforded under the policies will not be cancelled or allowed to to the Owner. If any of the foregoing insurance coverages are of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concecning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S I I~IUTY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase untary deductibles, Such prope~y insurance shall be main- rained, unles.~ otherwise provided in the C<)ntn~ct Documents t)r otherwise agreed in writing by all persons and entities who are beneficiarkm of such insurance, until final payment has been made as provided in Paragraph 9. lO or until ne) person or entity 11.3.2 Boiler and Machlneqt Insurance. The Owner shall required by the Contract Documents or by law, which shall Order, 20 A201-1987 damages caused by fire or other perils covered by this separate property insurance. All scparale policies shall provide this 11 .:3.6 Belbrc an exposure to loss may occur, the Owner sila]l file with the Contractor a copy of each policy thal includes insurance coverages required by this Paragraph Il 3. Each p~')licy shall contain all generally applicable conditions, defini t~ons, exclusions :md endorsements related to this Project Each policy shall contain a prowskm that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ ten notice has been given to the Contractor 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub contractors, sub subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 o~ 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 indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A Dss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to thc Owner as fidudary for the insureds, as their interests may appear, subject to requirements of an~ applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors rd make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an 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 ~ thc 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 coveeed by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Thc Owner shall have the right to require thc Contrac tot to furnish bonds covering faitl3ful 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 ent~ly appeari.ng to be a potential beneficiary of bonds covering payment of obliga- furnish a copy of the bonds or shall permit a copy to be made ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a 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 speci£~cally requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor, If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner, If such Work is not in accordance with the Contract Documents, the Contractor shall .pay such costs unless the condition was caused by the Owner or a separate contractor in which evenl the Owner shall be resl~)nsible for payment of such costs, 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing rd conform [o the requirements of Suhstantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including addinonai testing and inspec- tkms and compensation for thc 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 portk)n t hereof, or after the al:Itc paragraph 991, or I)y terms of an applicable special warranty required hy tile Comrac~ Documcms, any of thc Work is found tance of sucb condition This period of one year shall bc extended with respect to portions of Work first performed after Substantial Complefion by the period of time between Substan rial Complcfion and the actual performance of the Work This obligation under this Subparagraph 1222 shall survive accep Contract ]'he Owner shall give- sucb notwe promptly atter dis covery of the condition 12.2.4 If the Contractor fails to correct nonconforming Work dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconfom~ing Work within a reason- able time fixed by written notice from the Architect, tfie Owner the Contractor's expense If the Contractor does not pay costs notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con expenses made necessary thereby. If such proceeds of sale do Contract Sum shall be reduced by the deficiency. If payments such amount, the Contractor shall pay the difference to the 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con tract Documents. 12.2.6 Nothing contained in fills P~raSraph 12.2 shall be con- strued to (:stablish 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 requiting its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such ndlustment 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 tbe firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise m~posed 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 specificalIy 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 anthodties 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 bea~ all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 [f 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 of testing tract Documents shall be made promptly to avoid unreasonable delay in the Work 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as tbe parties may agree upon m writing or. in tbe absence thereof, at the legal rate prevailing from time to time at tbe place where the Project is located 13.7 COMMENCEMENT OF STATUTORY LIM H'ATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial CompleUon. AS toactsor failures to act occurring prior to the relevant date of Substan rial Completion. any applicable statute of limitations shall commence to etna 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 Cortifi- cate for PaymenL 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, an9 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 FIIMII Certificate for Payment. As m acts or failures to act occurring after the relevant date of is.su ance of the final Certificate for Payment. any appli- cable statute of limitatkms shall commence to run and alay alleged cause of action shall bc deemed to bave accrued in any and all events not later tfian the date of any act or failure to act by the Contractor pursuant to any warranty provided under Par, graph 3.5, the date of any correctkm of the Work or failure to correct the Work by the Contr, ctor under Par, graph 12.2. or the date of actual commlssk)n of any other act or failure to perform any duty or obllgatkm by tbe (Nmtractor or Owner. whichever occurs Izst. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR any 365-day period, whichever is less; or evidence as required by Subparagraph 2.2 1 payment for Work executed and for proven loss with respect damages 14.1.3 If the Work is stopped for a period of 60 days through Owner has persistently failed to ~lfill the Owner's obligations as provided in Subparagraph 14. 1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE enough properly skilled workers or proper materials; A201-1987 23 graph 54; and .3 finish Ibc Work hy whatever reasonable method the finished thc case illa~/ he, shal[ bc certified hy ti/t: Architect, upon appli 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14,3.1 Thc Owner may, w[[hou[ c~us(', order the Contractor m part for such p¢riod of time as thc Owner may determine 14.3.2 A~ adjustment shall bc made for increases in thc cost of pended, delayed or in[errupted by another cause for .2 tha[ an equitable adjusm~ent is made or denied under 14.3,3 Adiustments made in the cost of performance may have 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: 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 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. 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS iSSUED SIMULTANEOUSLY WITH PERFORMANCE BONO IN FAVOR OF TH[ OVVN[R CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF TH[ 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 leasl one-hall of Ihe cont~Jcl prlcel 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 D~OCUMENT A311 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA ~ FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y, AVE., NW., WASHINGTON. 0. C, 20006 3 IERFORMANCE BOND NOW, THER[FORE, TH[ CONDITION OF THIS OBLIGATION ~s such Ihat, if Contraclor shall promptly and faithfully perfoem said Conlract, then this obligation shall be null and void; otherwise it shall remain in full force and effect The Surety hereby waive.s notice of any alteration or extension of hme 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 shah promptly 1) Complete the Contract m accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract m 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 arranged under lh~s paragraph) sufficient funds to pay the cosl of completion less Ihe balance of the contract price, but not exceeding, includmg other cosls and damages for which the Surety may be liable hereunder, Ihe amount set forth in the first paragraph hereof The term "balance of the contract pnce," as used in this para§raph, shall mean the tola[ amount payable by Owner Io Contractor under Ihe Conlract and any amendments thereto, less the amount properly paid by Owner lo Contractor ,&ny suit under this bond must be instituted before the expiration of two (2) years from the date on which final paymenl under the Contract fails due. No right of action shall accrue on th~s bond to or for the use of any person or corporation other than the Owner named hereto or the heirs, executors, adminis Signed and sealed this day of 19 Ti(h,) 2 LABOR MATERIAL PAYMENT NOW YH[RI~[()R[ TH[ CONDITION Of THIS OBII(.;^T*ON IS such that, *f Principal shall promptly make payment lo all claimants as hereinafter defined, fo,- all labor and material used or reasonably required for use .n the performance of the Contract, then this obligation shall be void, otherwise ~t shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1 A claimant .s 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 .n 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 d~rectly applicable lo 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 afte.' 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 su~t ] 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 accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the wo.'k or labor was done or performed Such notice shall be served by maihng the same by registered mail or certified mail; postage prepaid, m an envelope ad- dressed to the P~incipal. 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 ~n 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 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 minimum period of limitation permitted by such Jaw. c) Other than in a state court of competent jurisdiction in and for Ihe county or other political subdivision of the state in which the Project, or any part the~-eof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 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; othef~vise 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 remise, release, and forever 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 WETNESS 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 (See Sections 220.3, 220.B) It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public work provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) of Labor. The allowable ratio of apprentices to journey- or provided the prevailing wage end supplement rate for the relates. (See Sectio~ 220-e(a)) 7. (a) 220~e(d)) 220 e(d)) Section 220-a) PW-3 (4-95) ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGEO ON PUBLIC PRO~ECTS IN NEW YORK STATE WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for PAYROLL RECORDS: Every contractor and subcontractor must keep originals or tran~cripts of payroll reoords, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 3. Social Security Number, 4. Occupational classification in which worked, 5. Hourly wage rate paid 6. 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 APPRENTICES: Employees cannot be paid apprentice rates if they are not WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of INTEREST AND PENALTZES: If an un(~rpayment of w&ges or supplements is found. POSTING OF OTHER NOTICES: Every employer providing worker's compensation PW 19 (?-99) doom: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. PW-202 (4-95) This information is computerized and ~s available ONLY through the Albany individual as an apprentice PW-203 (7-99) doom: letter2e YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 TOWN OF SOUTHOLD Schedule Type COMPLETE lgggA Date og/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 OUILDZNG Prevailing Rate Case No. Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.220.3a of the Labor Law requires that 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.) [-1Letter of Intent [-I Contract Signed [-IResolution_ Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE F:J(01) General Construction [-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 Comptetion Date: / / Estimated Date Entire Project Will be Completed: ! / CONTRACTS NOT YET AWARDED Type o! Contract (Check all applicable cnntract types) Fl,o,, ,e.er., Co.s,ruo, o. Fll,ollReefing/Ventilation (04) Plumbing Other , Signature [] (03) Electrical Date 9907647 SUFFOLK INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION PAID HOLIDAYS OVERTIME SUPPLENENTAL BENEFITS EFFECTIVE DATES WORKERS COMPENSATION New York State Oepar ~t of Labor 9907647 SUFFOLK ~99A Bureau of Public Work - Binghamton 607-721~8005 607-721-8004 Bureau of Public Work - Buffalo 7t6-847-7t59 716-847-7650 Bureau of Public Work - Rochester 716-258-4505 716-258-4708 Bureau of Public Work - Syracuse 315-428-4056 315-428-4671 Bureau of Pub]lc Work - White p)ains 914-997-9507 914-997-9523 Bureau of Public Work - New York City 212-352-6088 212-352-6186 (7/06/99) OVERTIME Following is an explanation of the code(s) listed in the 6VERTIME section of each classification contained In the attached schedule. Addttionei requirements may also be listed in the OVERTIME section. ( A ) Time a~d one half of the hourly rate after 7 hours per day. (AA) Time and one half of the hourly rate after 7 and one half hours pen day. ( B ) Time and one half of the hourly rate after 8 hours per day. (81) Time and one half of t~e laourly rate for the 9th & lOth hours week days end the 1st 8 hours on Saturday. Ooubie the hourly rate for ali additional hours. C )Oouble the hourly rate after ? hours her day. C1) Double the hourly rate after 7 amd one half hours pep day. O ) Double the hourly rate after 8 hours per day. 01) Double the hourly r&te after 9 hours per day. E ) Time e~d one half of the hourly ~ate on Saturday. El) Time a~d one half 1st 4 hours on Saturday. Double the hourly Pate F G H d L N 0 0 S Including benefits at SAME PREMIUM As sP~own for overtime HOLIDAYS PAID OVERTIME Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally 2 3 4 5 7 8 9 None. LaPor Day. Memorial Day and Labor Day. ~emorial Day and duly 4th. Memorial Day, duly 4th, and LaDor Day. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln's Birthday. Washington's Birthday. and Veterans Day. Good Frtday. Lincoln's Birthday. Washington's Birthday. ColumDus Day. Eiection Day. Case Number 9907647 SUFFOLK ~999A 20 22 23 24 25 26 ASBESTOS WORKER WAGES(per hour) AsDestos Worker ....... 7/01/1999 OVERTIME: See ( C, O. T*, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIMEt See ( 5, B. 7. 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE. 40% 50% 70% 80% SUPPLEMENTAL BENEP[TS:(per hour worked) dourneyman $ 19.64 Apprentices Same % as wages of $ 19.64 WAGES Rem./Abatement only* .... $ 22.00 *On mechanlclal systems that are not to be scPapDed, OVERT[ME: Rem./Abetememt: Time and One-Half after 9 hours per Gay and after 5 work Gays per week. Rem & Abatement $ 4.00 BOILERMAKER WAGES(per hour) 7/01/1999 Boilermaker ( ? hour day ) . . $ 33 00 wage. lst 2nd 3rd 4th 60% 65% 70% 75% SUPPLEMENTAL BENEFITS: 5th 6th 7th 8th 80% 85% 90% 95% (per hour worked) $ 3.96 plus 47% of wage 4-5 CARPENTER WAGES(per ~our) 7/01/1999 Building: Millwright ........... $ 31.58 OVERTZME PAY: See ( B, E, E2. O ) on OVERTIME PAGE HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, t3, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices APPRENTICES: ( I ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3¢d. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) dourneym&n $ 23.89 Appr 1St term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 21.53 9-740 CARPENTER Number WAGES(per hour) 7/01/1999 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 1st & 2n~ yr. Apprentices OVERTIME: See ( 5. 6, 11. 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: 40% 50% 65% 8o% SUPPLEMENTAL OENEFITS:(per hour worked) See Below. 9 2287 CARPENTER WAGES(peP hour) Oockbuilder .......... 7/01/1999 31.55 31.55 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, tl, 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 tePms at the following percentage of douPneyman's wage. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1456 CARPENTER WAGES(per hour) ?/01/1999 ~arlne Construction: Marine Otver .......... $ 38.79 Tender .... 28.67 OVERTIME PAY: See ( B, E. E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, t9 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(pen hour paid) CARPENTER WAGES(pen hour) 7/01/1999 28 35 OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE HOLIDAYS: PAID: See PAID: See OVERTIME: See 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 5, 6, 11, i3, 16, 18, 19, APPRENTICES: ( 1 wage. 1st. 2nd. 3rd. 4th. 25 ) for 1st & 2nd yr. Apprentices 25 ) on HOLIDAY PAGE 40% 50% 65% 8O% SUPPLEMENTAL BENEFITS:(pen houn paid) - See Below 9-1536H CARPENTER The following Supplemental Benefits apply to the pnecedin9 Cappenten categon~es and/on Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL 8ENEFITS:(peP houp paid) dourneyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: CaPpenter .............. 29.13 Heavy/Highway: 29. 13 OVERTIME PAY: See ( B, E. O ) on OVERTIME PAGE. HOLIDAYS: 9907647 SUFFOLK ~999A PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 16 ) on HDLIOAY PAGE. 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 ( B. H ) on OVERTIME PAGE. HOLIDAYS: PA[D: See ( 5, 6, 7, tl, 16 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, ?, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman/AppPentice: Construction $ 10.855 Modern./Service t0.705 9-1 GLAZIER WAGES(peP hour) 7/01/1999 Glazier .............. $ 28.25 OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE. HOL[DAYS: PA[O: See ( 1 ) on HOLIDAY PAGE. 35% 45% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) 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, 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; 7/01/1999 4/29/2000 SWING SHIFT 4:30 P.M,to 12:30 A.M ..... $ 40.19 $ 41,36 GRAVEYARD SHIFT 12:30 A.M.to 8:A.M ........ 45.01 46.33 HOLIDAYS: PAID: See ( i OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 30% 3B% 40% on HOLIDAY PAGE. 5. 6, 16, 25 ) on HOLIDAY PAGE year terms at the following percentage of dourneyman's 4th §th 6th 50% 6o% 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** Ne~ York State 990?647 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 6% + $ 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, O ) on OVERTIME PAGE. HOLIDAYS: Paid ( t ) Overtime ( 5, 6. 9. 16, 2S ) on HOLIDAYS PAGE. 40% 50% 60% 70% 85% Supplemental Benefits : pep hour worked. 50 1/2% of hourly rate ELECTRICIAN WAGES (per hour) 04/04/1999 Ltneman/ Splicer ....................... $ 30.50 * Matertal Man ............................ 26.54 Hesvy Equip, Oper ....................... 24.40 Groundman ............................... 18.30 Flsgman ................................. 13.73 OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. t0/03/1999 26.97 24.80 HOLIDAYS: PAID: See ( 1 ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6. 8, 9. t0, 1t. 16 ) on HOLIDAY PAGE. wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 04/04/99 10/03/99 $ 3.41 $ 3.79 Case Number 9907647 SUFFOLK ~99A ELECTRICIAN WAGE~ (per hour) Electrician $ 27.30 40% 50% 60% 7o% 8o% 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 $ t9.50 $ 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+ 4-1049 IRONWORKER WAGES(per hour) New York State 990764? SUFFOLK 1~99A Structural ......... $ 37,70 Riggers ............ 37.70 Machinery Movers. . 37.70 Erectors. 37?0 OVERTIME PAY: See ( B, E*, O, v ) on OVERTIME PAGE. HOLIDAYS; PAID: See ( 18. 19 ) om HOLIDAY PAGE. OVERTIME: See ( 5. 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the Eollowing wage. 1st. 2nd. 3rd. 4th. 8th. 6th. 20.55 21.15 21.15 2t.75 21.75 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 22.33 Apprentices 17.88 9-40/361 IRONWORKER WAGES(per houri) 7/01/1999 31.45 OVERTIME PAY: See ( C, O. V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S. 6, 6, 10. 11, 13. 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at the following wage rates. 15t 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 tt.68 3rd term 13.68 4th term 16.68 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental ............ $ 34.04 HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE APPRENTICE {1/2 ) year' terms at the following percentage of dourneyman's 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(pe¢ hour worked) dourneyman $ 18 26 Appr 1st term 16.17 Appr 2nd term 16.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr 5th term 17.48 Appr 6th term 18,00 9 580 LABORER WAGES (per hour) Building Laborer: Except Abatement ...... For Abatement See Below OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PA[D: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( B, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Abatement Only; ................ $ 22.00 ( 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. I --Case Number 9907647 WAGES (per hour) 7/O1/1999 Heavy/Highway Laborer: Group # I ............ $ 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 ( I ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.O5 after 40 regular hours) 4-1298 MASON-Buildinq WAGES(per hour) 7/01/lggg Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.83 1/01/2ooo 29.98 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HOLIDAY: dourneymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and IST three terms of Apprentices See ( 5. 6, tl, 15 ) on HOLIDAY PAGE. AI1 others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, tt, 15 ) on HOLIDAY PAGE. APPRENTICES: ( I/2 ) year terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th Bth 7th 8th 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL B/NEF[TS:(per hou¢ worked) dourneyman $ 12.33 9-?/24 MASON - Building WAGES(per hour) 7/01/1999 Building: Bricklayer $ 31 73 OVERTIME PAY: See ( A, E, E2. O ) on OVERTIME PAGE HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERT[ME: See ( 5, 6, 10 ) on HO[ IDAY PAGF APPRENTICES: ( 750 hour ) term5 at the following percentage of dourneyman's 1st 2nd 3rd 4th 5TH (500 Hfs) 6TH 4500 Hfs) 50% 60% 70% 80% 9O% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.46 Appr 8.28 MASON-Buildinq Unit Pavin~ Work* WAGES(per hour) 7/01/1999 8/01/1999 dourneyman ............. $ 23.72 Apprentice ( one year teem ) .... 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 8ENEFITS:(per hour worked) addit. 70/hr. dourneyman $ 10.76 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOAT[NG WAGES(per hour) 7/01/1999 dourneyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Case NumDer .................... I~' 990764? SUFFOLK 1999A HOLIDAYS PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8. lO, 11. 13, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 4O% 45% 55% 6O% 7O% 75% 9-530 MASON - Pointer/Caulker/Cleaner WAGES(per hour) 7/01/1999 Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME RAGE. HOLIDAYS: PAID: See ( 1 DVERTIME: See APPRENTICES: ( t 1st 2nd $12.25 16.25 on HOLIDAY PAGE. 5, 6, 25. 26 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 11.75 Appr 1st term 2.50 Appm 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. 0, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6. 8. 11. 13, 25 ) on HOLIDAY PAGE. Case Number- 990764'7 SUFFOLK 1~99A wage 5o% 6o% 7o% SUPPLEMENTAL BENEFITS:(pen hour worked) $ 1414 80% 90% 95% 9 78O WAGES(per hour) Plasterer .......... $ 29 27 OVERTIME PAY: See ( A, G, P. V ) on OVERTIME PAGE HOLIDAYS: PAID: See ( I ) 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 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-Building WAGES (per hour) 7/0t/1999 Building: Mosaic & HelpeP..,.$ 30.07 $ 1385 O -Case Number 990?647 9 7/~ MASON - Buildinq WAGErS(per hour) Building: Tile Layer .......... $ 7/01/1999 11/01/1999 30.26 31 26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 1st 2nd 3nd 4th 5th 6th 50% 55% 65% 75% 85% SUPPLEMENTAL BENEF[TS:(per hour worked) $ 14.32 95% 14.82 9-7/5= WAGES(per hour) 7/01/1999 12/01/1999 16 ) on HOLIDAY PAGE. 9-7/88 XRONWORKER WAgES(per hour) Derrtckman/Rtgger .... $ 7/01/1999 30.59 + $1.59 Addit. (Allocation to be determined) OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: ................ Case Numbem 9907647 5O% 6O% 7O% 80% 9O% 9O% SUPPLEMENTAL BENEFITS:(per hour worked) 22.64 9 197 7/01/1999 l/oi/2ooo 3488 OVERTIME PAY: See ( 6, O, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen receiv~ I/2 days pay for Labor Day. Apprentices ISt three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday All others See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 7O% 8~4 95% SUPPLEMENTAL BENEFITS:(per hour worked) doqrneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 WAGES(per hodr) 7/0t/1999 1/01/2000 Marble-Riggers, Cr&~e & Oerrtckman...$ 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) $ ~6 87 ~6.82 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 hn. for Hanging Scaffold, Spray, Sandblasting, and OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: PA~D: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE~ APPRENTICES: ( 1 ) year terms at the following rates. Rpt/Ren. 10,73 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman Al! other dourneyman Appr 1st year $ 13.67 13.87 4,76 10.18 4-1486 PLUMBER WAGES (pe~ hour) 7/01/t999 10/31/1999 Plumber .............. $ 33.65 $ 34.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 15. 25 ) on HOLIOAY PAGE. wage, .......... Cese Number 9907647 SUFFOLK 1~99A 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (per hour worked*) 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 Apprentices: One year terms at the following percent of dourmeyman,s r&te. 1st 2nd 3rd 4th 40% 50% 60% 70% 4-200 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter .......... $ 35.30 OVERTIME PAY: See ( C, O, v ) on OVERTIME PAGE. HOLIDAYS: PAIO: See ( I ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE wage. 40% 50% 65% 8O% 85% SUPPLEMENTAL BENEFITS:(per hour paid) 9907647 SUFFOLK 1~99A $ 17.50 term percentage of 17.50 plus .34 per hour worked 9 638A STEAMFITTER WAGES(per hour) 7/01/1999 Steamfitter ........ $ 22.30 OVERTIME PAY:See ( B. E. O*, S** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 6, 9. 10, 11. 15. 17, 26, Memorial Day on HOLIOAY PAGE. ** ( 10. tl, 26. Memoria) Day APPRENTICES: ( 1 ) year terms at the following wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th $6.72 10.83 13.04 t5.19 18.31 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 8.06 Appr 1st term 7.00 Appr 2nd term 6.56 Appr 3rd term 6.0t Appr 4th term 5.56 9 -6388 ROOFER WAGES (per hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.50 OVERT[ME PAY-New Roof: See ( A, E. O ) on OVERT[ME PAGE. OVERT[ME PAY-Retool: See ( B. E. O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( t ) om HOLIDAY PAGE. OVERT[NE: See ( 5. 8. 10, 13, 16 ) on HOLIDAY PAGE. Case Number - - 990764? SUFFOLK 1999A APPRENTICES: ( 1 1st 2nd 3rd 4th 40% 50% 7o% 8o% SUPPLEMENTAL BENEFITS (per hour worked) douPneym&n $ 17.57 Apprentices 1st 2.00 2nd 3.75 3rd 9.37 4th 13.91 SHEETMETAL WORKER WAGES (pep hour) 07/01/1999 $heetmetal Worker.. $ 31.89 Maint.of Fans and Decking & Siding Work: - 80% Of Sheetmetal Worker Rate OVERTINE RAY: See ( C, E2, O, V ) on OVERTIME PAGE. ( D, E2, O, V ) for FAN MAINT.-DECNING & SIDING. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE, OVERTIME: See ( 5, 6. 11, 12, t5, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ) year terms at the following percent of journeyman rate 15t 2nd 3rd 4th 5th 6th 7th Bth 30% 35% 40% 45% 50% 55% 60% ?0% SUPPLEMENTAL BENEFITS: (per hour worked) 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 tl.85 AppP 7th term 13.t8 Appr 8th term 15.56 4-28 WELDER Welder... To be paid the Pate of the ~echani~ performing the WOrk. TEAMSTER-Buildinq WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/Highway): Group 1 .............. $ 26.955 OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: RAID: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE OVERTIME: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE SUPPLEMENTAL BENEFITS: (pen hour worked) STRAIGHT TIME ............ $ 1B.OO2B OVERTIME ................. 9.40375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) ?/01/1999 Truck DriveP. Chauffeur or Loader/Operator Strtght dobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B, 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) Strtght time $ 12.35 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 7/01/t999 Stgn Erector ......... $ 24.65 Plastic Mechanic ..... 19.72 ....... .? - - - Cas~ Number 9907647 SUFFOLK wage. 35% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS: $ 4.62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 per hour worked + Employee shape of Soc Sec Appr 1st yr Appr 2nd yr Appr 3rd yr 1.958 per hour pa~d + 2% of gross wage + 0.20 per hour worked + 1t5.00 per month 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 §th yr $ 3.404 per hour paid + 20% of gross wage + $ 4.(X) 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 houp) 7/01/1999 Painter (Striping-Highway); Striping-Machine Operato~ ....... $ 21.57 Helper .................. 15.79 Linerman .................... 24.09 OVERTIME PAY: See ( 8, E. P, S ) on OVERTIME PAGE Case NumOer ...................~ HOLIDAYS: PAID: See ( 2. 8. 11, 12. 15, 16. OVERTIME: See ( 2, 8, 11. 12. 15. 17. 20 )ON HOL[DAY PAGE, 16. 17. 20. 21. 22 ) ON HOL[DAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) 22% of wage + $0.50 9-8a/28a (230) SURVEY CREW ~ Buildinq WAGES:(per hour) 7/O1/1999 30.O1 25.60 17.48 OVERTIME PAY: See ( A, E*, O, V ) ON OVERTIME PAGE. *Doubletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 8, ii, 15,16,25 )on HOLIDAY PAGE. OVERT[ME: See ( 5, 6, 8, 11, 16. 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage ~ates, 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW ~ Heavy/HiGhway WAGES: (per hour) 7/01/1999 Sumvey Rates-Heavy/Highway: P&rty Chief ............. $ 29.14 Instrument Man .......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime, paid on the gth hour on Saturday. H~LIDAYS: PA[D: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. OVERT[ME: See ( 5, 6, 7, 11. 12 ) 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) dourneymen $ 1515 Apprentice 8 65 9 15D N/S CO SURVEY CREW - Consulting Engineer CONSULTING ENGINEER SURVEY Feasibility and pre)iminary design surveying, ) ire and grade survey)ng for' inspection or supervision of construction when performed under a Consu)tif~g Engineer agreement WAGES:(per hour) 7/01/1999 OVERTIME PAY: See ( B, E*, Q, v ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, il, 16 ) on HOLIDAY PAGE. OVERTIME: See ( B, 6, ?, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following wage rates. 1st term $ 9.67 2nd term 14 04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9.55 Apprentice 6.75 9 15dconsult CORE DRILLING WAGES(per hour) 10/16/1998 Core Orilting: Driller .............. $ 22.23 Helper ................ 18,72 10/16/1999 addit. $1.(X~/hr.(A}location to be determined) New York State ~Ik--Case Number -- Depar~it of [abor OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. · * See ( 8~ ID, ii, i3 ) on HQLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7.69 9-1536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) ?/01/1999 8/01/t999 Well Driller: Well Driller: .......... Well Driller Helper:... OVERTIME PAY: See ( B, E, G, $ 23.61 $ 23.72 21.07 21.i0 P ) on OVERTIME PAGE HOLIDAYS: PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 6, 6, 10, 12, 16 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per houc worked) $ 8.30 + $ 7.95. + *overtime $ 9.95 + 10% of rate 10% of rate 10% of rate $ 5.00 + $ 5.00 + 10% of rate 10% of rate PO~ER EQUIPMENT OPERATOR - Buildinq BUILDING; CLASS "A": Asphalt Spreader, Backhoe crawler, Boiler, Boring Machine. Cherry Picker (over 50 tons). Concrete PMmp, Crane. Derrick. Dragllne. Dredge. GPadall, Grader, Hoist, Loading Machine (10 y~s or more), Milling Machine, Pile Drtver. Po~er ~inch-Stone Setting/Structural Steel/Truck Mounted, Pouerhouse. Road Paver, Scoop-Carryall-Scraper In Tandem, Shovel, St~eDoom Tractor, Stone Spreader (~elf ProDelled), Tank ~ork, Tower Crane Engineer. 990764? SUFFOLK CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Wel) Point), Field Mechanic, Milling Machine (Small), Puivi-Mixer, Pumps, Roi let (Dirt), Vac-All, Welding/Burning, Compresso~ (Structural Steel & 2 or more tn Battery). Concrete Fini shing Machine, Concrete Spreader, Conveyor, Curing Machine, CLASS "D": 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 I to 3 inches/Gypsum/Double Action Oiaphnagm, Hand Trenching Machine, Welding Machine. Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower WAGES (per hour) 7/01/1999 *Add $3.{~3 for Hazardous Waste Work 250 $ 1.00 350 $ 1.50 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 8, ii, 16 ) on HOLIDAY PAGE.** APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 -- APPRENTICE $ i3.04 Note Note OVERTIME APPRENTECE $ 8.40 4-138 POWER EQUIPMENT OPERATOR - Heavv/HIQhway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader. Backhoe C~awler. Boiler. 8ortr,~ Machine. Cherry Ptcke¢ (over 50 tons). Concrete pump. Crane. Derrick. Oragline. Dredge. Gradall. Grader. Hoist Loading M&chtne (10 yds or more). Milling Machine. Pile Oriver, Power Wtnch-Sto~e Settlng/Structura~ Steel/Truck ~oMnted, Powerhouse. O --Case Number ............. ~ ..... 9907647 Class " F ": Lead Tec TV Crew. WAGES (per hour) 7/O1/1999 CJass " A " ............... $ 32.O6. *Add $3.OO for Hazardous Waste Work Class " B " ............. 29.82* *Add $2.00 for Hazardous Waste Work. Class " C ". ............ 28.69* *Add $1.OO for Hazardous Waste Work. Class " O " ............. 26.45 Class" E ". ............ 25.32 Class " f ". ............ 28.10 Class " G " ............. 28.10 Class " H " ............. 26.98 *Cranes : Boom length over 100 foot add $ 0.50 pep hour 150 $ 0.75 250 $ 1.O0 350 $ 1.50 NOTE: PREM[UM PAY 20% on straight time hours for NEW YORK STATE O.O.T. and other GOVERNMENTAL MANOATED off-shift work. OVERT[ME PAY: See ( D. 0 ) on OVERTXME PAGE. HOLIDAYS: PA[D: See ( 5, 6, 8, 9, 10, 16 ) on Holtday Page.** APPRENTICE . $~6.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 APPRENTICE $ 13.04 Note Note: OVERTIME APPRENTICE 8.40 MARINE CONSTRUCTION WAGES (per hour) Hydraulic 0redge: Class A: Leverman ............. Class D: 7/01/1999 IO/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.O9 21.10 21.47 22.69 23.O9 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 20.50 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. 8, 8. 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC. DIPPER. CLAMSHELL OREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS: (per hour workeO) All Class A & B All Class C All Class 8% of $ 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) 7/01/1999 Drill Boat: Engineer .......... $ 23.24 Driller ........... 23.25 Boat Capt ......... 19.34 Welder/Machinist,. 23.03 Class D: Oiler/Helper ...... 20.25 10/01/1999 $ 23.54 23.81 23.55 19.53 23.30 20.46 15.97 18.56 He]per ............ 16.41 16.5G OVERTIME PAY: See ( B. P, R. ) on Overtime Page. HOLIDAY: PAID: Bee ( 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 Class D 0.92 0.63 $ 2.42 Overtime Benefits Time and one half A & B add ................ $ 1,06 C add .................... 0,82 0 add .................... O, 58 Double Time A & B add ................ $ 2. 12 C add .................... 1.63 D add .................... 1. 15 4-25/3 AJ~ANY, NY 12240 KEQUEST FOR WAGE AND SUPP!,F. MENT I]qFOKM. ATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit thiB form for new schedules or for determination for additional occupations. Provide all information Requested Below SUBM'rYi~;D B Y: n CONTRACTING AGE NCY n PLJB LI CWO RK DISTRICT O FFIC£ (CHECK ONE) f-I ARCHITECT OR ENGINEERING FI RI{ A. PUBLICWORK CONTRACT TO BE LET Ry: (Enter Data Pertaining to Contracting Agency) 3. SENO REPLY TO (NAME AND ADORE$S): TELEPHONE: ( ) B. PROJECT PARTICULARS Project TITLE am:l/or description of wo~ to be pedocmed I~'t u~e COAtraCt identificatK)n number, i~ epplKab&e 1. Heavy ami Highvay Cemtmct~oe (New fi 4. N4~dvSe#erQcWatedin4 ~ 7. hm~ ~me I~ T~ of ~er 2 ~] NY State Ufl~t3 FI01 ~OT C3O2OGS I-103 ~RMITORY AUTH~ ~ ~ STATE UNIV~I~ CO~TRU~N FUND ~0S M~NT~ HY~I~N~ ~ ~ OTHE~ N Y. $~ATE UNiT ~07c~ f'108 Local School DiOr K"~ n 09 special Local ~ia. i.e. Fire, ~er. Water ~ri~ ~ 11 T~n 0 12 C~n~ ~ 13 ~es Non-N Y S~te 4. SERVICE REQUIRED Check app¢op~iata box a~ p~ovide ~'oject i~focmetio~. I-] New Schedule of Wages and Supptement~ IAPPROXIMATE 8.O DATE I I-I Additioe~l C~:cupaUo~ ami/or Re~eterminat~o~ PRC NUMBER ISSUED PREVK)USLY FOR I OFFfCE USE ONLY THIS PROJECT 6. LOCation of Project: Locati~ o~ SRo. Village or Cit7 ,. , Towfl Signature Guard~.Wetchmen Movi~ furniture a~ e~u~pme~ Trash Mtd refuse removal Window ~eaner~ OFFK:~ USE ~dLY II II II Il II II Ii ti Il II II Il II II Il II Il II II II Il I[ II II II Il II II II II II II II II II II II II II II II II II II ti II II I EE OTHER SlOE FOR1 I~WS RELAllNG TO PUIUC WORK CONTRACTS PW-~ (tO-~4t 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 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 subh 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 par[ 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 fadlities 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 olocks, locker moms and other storage or dressing areas, paWing lots. drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors 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 US.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 recruitmen( 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 pi.aces, 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 solicitatior)s 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 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, ortor before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a.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 wdting 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 Oppodunity, ali reports due under the applicable fit.ing 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 covedng the delinquent pedod 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 pdor to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required; pdor to award, or after the award, or beth, 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 pu~;poses 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 1 00 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 ames 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 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 prooeddres 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 whore 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: (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 odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; PREFABRICATED DOME SALT SAND STORAGE BUILDING N-7 6 (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 222oa which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and. subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at whic~ 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. SCOPE: A. 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 $outhold, 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 beadng 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 Walt: 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. [~[E[JEg~a~a~ The proposed f'~ty (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 matedal shall not exceed an angle or repose of 33 degrees. Totally unobstructed and usable floor area within the intedor 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. J~,Ji~2J~IEd-E~&~ The building fumished 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 C 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 ail 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.TM. - 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 ACI 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. P<;)rtland Cement: All Portland Cement must meet Air-entrained Portland Cement A.S.T.M. Designation O150-74, 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 E Framinq 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. P~ood: 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 carded out in a work-man-like manner conforming to good building practices. Moisture Protection - Asphalt Shinole Organic/Fibemlass Mat: The contractor shall furnish all labor, materials, tools, equipment and supervision to propedy 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.ST.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 Page 6 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, ½ 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 instailation shop drawings mbst 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 REGISTtCAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGI~MENT 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 26. 1999: RESOLVED that the Town Board of the Town of Southold hereby rejects all bids on the construction of a Salt/Sand Storage Facility for the Southold Town Highway Department; and be it FURTBER RESOLVED that the Town Board hereby authorizes the Town Clerk to re-advertise for bids for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department. Southold Town Clerk October 26, 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP~g~ATION 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 26. 1999: RESOLVED that the Town Board of the Town of $outhold hereby rejects all bids on the construction of a Salt/Sand Storage Facility for the Southold Town Highway Department; and be it FURTHER RESOLVED that the Town Board hereby authorizes the Town Clerk to re-advertise for bids for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department. Southold Town Clerk October 26, 1999 $25.00 - Nonrefundable CONSTRUCTION OF A PREFABRICATED "DOME TYPE" SALT/SAND STORAGE BUILDING 10/27/99 Fed Ex 10/27/99 n/c Bid Opening: FRIDAY, NOVEMBER 12, 1999 - 10:00 A.M. 1. Dome Corporation of North America, 5450 East St., Saginaw, MI 48601 517-777-2050 2. Mid-Isle Contracting of L.I. Inc., 819 15th St., Ronkonkoma, NY 981-2642 Fax: 467-2087 Jack or George Guidi 11779 o o o 10. 25.~0 NON-REFUNDABLE FEE ALL OF THE LABOR, MATERIALS, A SALT/SAND STORAGE FACILITY AND EQUIPMENT FOR THE CONSTRUCTION OF Bid Opening: THURSDAY, OCTOBER 21, 1999 - 10.00 A.M. 0/13 1. Materialization Corp., 104 Edwards Ave., Calverton (P)208-2900 (F)208-0222 0/15 2. Fed Ex Bulk Storage Inc., 28101 South Yates Ave., Beecher IL 60401 708-946-9595 (Fax:708-946-7898) 10/18 3. Attn: Donald Fed Ex 516-744-0127 Carter Melence, 104 New York Ave., Sound Beach NY 11789 Fax: 744-0528 10/194. Mid-Isle Contracting, 819 15th St., Ronkonkoma (P)981-2642/467-4421 (F)467-2087 Jack Guidi/George Guidi 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. 8 October 25, 1999 DOME CORPORATION OF NORTH AMERICA Town of Southold Town Clerk's Office Town Hall 53095 Main Road Southold, New York 11971 RE: Bid package for Southold, Nj To Whom It May Concern: Enclosed please find our check in the amount of $25.00 for a set of bid plans for the Salt storage dome. Please send them by Federal Express using our account number 1541-4591-5. Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 517 777-2050 Please do not hesitate to call our office if you have any questions. Sincerely, Bette Pawlanta Office Manager Encl. List above 5450 EAST STREET, SAGINAW, MICHIGAN 48601 TEL. 517/777-2050 · TELEFAX. 517/777-3477 http://~vw.dome-co rp- na.com E-mail: dcn-america @ dome-corp-na.corn