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HomeMy WebLinkAboutSalt/Sand Building-RejectedJUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH q, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the construction of a salt/sand storage building at the Southold Town Highway Department yard, Peconic, New York. Terry Southold Town Clerk March 5, 1997 RAYMOND L JACOBS Commissioner Public Works Department Town of Southold Peconic Lane Peconic, N.Y. 11958 (5~) 765-3140 (5~8) 734-52.1_1. F~ (5~) 765.-i750 RESOLUTION BY: SECONDED BY: Commissioner of Public Works Raymond L. Jacobs requests permission to go to bid for the construction o£ a salt/sand storage building to be located at the Southold Town Highway yard in Peconic. VOTE OF THE TOWN BOARD Supervisor Jean W. Cochran (yes) (No) Councilman William O. Moore (Yes) (No) Councilwoman Alice J. Hussie (Yes} (No} Councilman Joseph L. Townsend, Jr. (Yea) (No) Councilwoman Ruth O. Oliva (Yes) (No) Justice Louise P. Evans (Yes) (No) Dated: Town Clerk, Town o~ Southold $25.00 nonrefundable fee to (includes postage) ,in bid specification,. BID - SALT/SAND STORAGE BUILDING BID OPENING: 11:00 A.M., Thursday, March 27, 1997. 3/18 1. Dillon Construction, 81 Carleton Ave., Central Islip, NY 11722 232-1236 3/18 2. Cannon Construction Company Inc., 23 Seabro Ave., N. Amityville NY 11701 842-4045 John Neiderauer 3/20 3. Construction Consultants/Ll, 125-A West Broadway, Port Jefferson, NY 11777 Joel Itzkowitz 474-4774 3/24 4. Gencon Construction Corp., 751-6 Koehler Ave., Ronkonkoma, NY 11779 Joseph Ainoris 516-366-1100 Fax-467-5439 3/24 5. Zem Associates, PO Box 69, Ronkonkoma, NY 11779 516 737-6411; 467-4421; 467-2087 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 18, 1997 Joseph Ainoris Gencon Construction Corporation 751-6 Koehler Avenue Ronkonkoma, New York 11779 Dear Mr. Ainoris: The Southold Town Board, at a regular meeting held on April 15, 1997, rejected all bids for the construction of a Salt/Sand Storage Building at the Southold Town Highway Department, Peconic, N.Y. Thank you for submitting your bid on the construction of this building. Returned herewith is your 5% bid bond. The Town Board is rebidding this building, and enclosed herewith is a copy of the legal notice with regard to same. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures OF CHITECTS BOND#: 629778 03-25-97 Bid lion KNOW Ak MEN BY THESE PRESENTS, ~t~Oencon Construction of N.Y.Cor~. Box 176 Port Jefferson New York 11777 ~ Pt[ndp:{, herMnafl~r ~l~ed ~o ~d~ffp:I, ~d Nobel InsuranceCom~anv.. . 2296 Henderson Mill Road Atlanta GA 30345 ac ~urely, herelndter ~=iled the Surety, :re held ~d ~mly bound unto Twon of Southold ~{~ ~ ~s Oblige*, hereb=fler c=l~od ~o Obllgee, M the sum of 5% of amount bid not to exceed Six Thousand Two Hundred Fifty Dollars********** ~oII~ ~ 6,250.00 thes~ pmsen~ WH£REA$, Ih~ ?dnc~poJ Ires subm~lted a Md fer Sand Salt Storage at Southold Highway Dept. Yard Stephanie Moustakas 25th BEL INSURANCE COMPAN GENERAL POWER OF ATTORNEY 629778 KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Thomas A. Petropole, Lawrence D. Dacchille, Stephanie Moustakas, or Andrew W. Poulos its true and lawlill attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ************Three million five hundred thousand dollars ($3,500,000)************ This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 24th day of Augnst, 1995. NOBEL iNSURANCE COMPANY By t: :.. SEAL .; 7 Emil B, Askew, Vice Pres/dent STATE OF GEORGIA COUNTY OF DEKALB SS: On this Ist day of October, 1995, before me personally came Emil B. Askew, to me known, who being by me duly sworn did depose and say that he is a Vice President of NOBEL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE Lenora N. Cape NOTARY PUBLIC My Commission Expires August 3, 1998 I, the undersigned, an Assistant Secretary of NOBEL INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that the foregoing and attached Po~er of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the ci~' of.Atlanta in the State of Georgia- Dated the 25th dayof [q~3. rch ,19 97. Charles B. Cape, Assistant Secretary Nobel Insuran,¢e Company (Nobel Insurance Group) 8001 LBJ Freeway, Suite 300 Dallas, TX 75251-1301 Acirnitled Ass~tz Statutory Statement as of December 31, 1995 C:a~h & short.lotto Common StOCk lnvmmenu In ~ll~ P~mlum b~mc~ R~l~su~ce fund~ Total ($tatcraon0 I.H 2.72,~416 Total Li,,bilities, Surplus and Other Funds STATE OF TE-XA~ COUNTY OF DALLAS Douglas W. Caudlll, Secretary. bein8 duly sworn, deposes and says he is Secretary of Nobel Insurance ComPany and lhal lhe fo~ing is a ~o and ~ncct ~tcmcnt of~e fin~eial ~nditlon of said co~oration ~ of D~bcr 31, 1995. Dou81~ ~. Caudill, Se~o~ Subscribed and sworn to before me Ihls 2~th day of March, 1996 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 18, 1997 Maria Smith, President Zem Associates, Inc. P.O. Box 69 Ronkonkoma, New York 11779 Dear Ms. Smith: The Southold Town Board, at a regular meeting held on April 15, 1997, rejected all bids for the construction of a Salt/Sand Storage Building at the Southold Town Highway Department, Peconic, N.Y. Thank you for submitting your bid on the construction of this building. Returned herewith is your 5% bid bond. The Town Board is rebidding this building, and enclosed herewith is a copy of the legal notice with regard to same. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures AIA ~ocument A3'IO Bid Bond ~003683-T KNOW ALL MEN BY THESE PRESENTS, thatwe Zero Assccia'ces, Inc. P.O. Box 69, Ronkol~l~,"~k~-' ~'I~'~ as Principal, hereinafter called the Principal, and Contractors Casu~ty & S~ety ~o., 1911 Ric~n~ A~-e a corporation duly or~anized under the laws of the State of as SureU, hereinafter called the 5ureW, are held and firmly bound unto To~ of ~uthold as Obligee, hereinafter called the Obligee, in the sum of 5% of a~t bid Dollars (S 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, joindy and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of a Salt Sand Storage Facility NOW, THEREFORE, if the Obii~ee shall accept the bid of Ihe Principal and the Principal shall enter into a Contract with the Obligee ~n accordance with the terms of such bid, and ~ive such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the f~ithful performance of such C~ntract 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 SWe such bond or bon~s, if the Princ~oal shall ~y to the Obli~ee ~he difference no~ to exceed the penalty hef~f between the amount specifi~ in said bid and such ~arger amount for which the Obiisee may in good faith contract with another par~ to ~erform the Work covered by said ~id. then this obiiBation sh~il be null and void, othe~ise to remain in full force and effect. Signed and sealed this 25th day of March 19 97 / ~I /7/ ~,. ~ Zem Associates, Inc. / /, , , /// ~-- . . Contractors ~ualty & S~aty Co. ~eresa Burke - A~to~ey-in-Fac~ AIA OOCU/~ENT A310 · BIO BOHO. Al,*, 19 ' FEBRUARY 1970 ED · THE AMERICAN ~NSTITLJTE OF ARCHITECTS, ~73S N.Y. AVE., N.W.. WASHIN(]TON, O.C. 20(]06 S~ate of. $$. County of On this day of 19 , before me personalty car to me know and known to me to be the individual described in and who executed the foregoing instrument.and acknowledged tome that he execut, the same. My commission expires Notary Pubiic County of. On this. day of ~ to be a member of the firm of described in and who executed the foregoing instrument. act and deed of said firm. 19 , before me personally can to me known and known to n and he thereupon acknowledged to me that he executed the same as and for t E My commission expires Notary Public New York State of } Nassau ss. Count,/of On this 25th day of Maria G. Smith who being bY me duly sworn, did depose and say that he is the Zem Associates Inc. of March 97 19 · before me personally car , to me kllow President the corporation described in and which executed the above instrument: that he knows the seat of said corporation; that the seal affixed said instrument is such corporate seat; that it was so affixed by order of the Board of 0~ectors of said corporation, and that he signed name thereto by like order. DARYL HAMILTON Notary Public, State of New Yz~k .~/. My commission expires ................. ........... .................... State of New York Coun~ of N~sau On this 25th day of March , 19.97 · before me personally car Theresa Burke .to me known, who, being by me duty sworn, did depose and say th ~ ~ heisanattornev4n.fac~of Contractors Casualty& Surety Co the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the affixed to the within instrument is such corporate seat, end that he signed the saidinstrument andaffixed the said seal as A~orney-in-F by authoriw of ~he Board of Directors of said corporation and by au~oriw of ~is offi~under the Standing R~oludons thereof. DAR~ HAMILTON / ~', ~ / My commission exDires Qualified in Commission ~res Peb. 28, I~' /~ot~ Public ' EO~ ~ ~3 " ' CONTRACTORS CASUALTY AND SURETY COMPANY ' .s,: .... New York S;oc~s and Bon:s ............................................... s1.603,625 Cash and Bank Oe;os':s ..................................... 2!8,163 Premium Saiancas (u~:er 50 da;.~) ............................ 302.028 Accrued ~ntere~E ....................................... 3~.972 Other Asse~s 57 000 Tota! Assays ............................................ ~.212 798 L~ab~'!tles Reserve for unearned orem;ums .................................. $ 572.6i8 ~:.O00- Claim reserve ............................................... ,~ 0~,,=: ]iaoll,~:~s .............................................. UmC~:-=: , ~,u-~,, ............................. S~r;!us ................................................... 22967% ,~: cy .... c~.~ S~: us ............................. :_.2~9.o,'0 Total L ........... r:~'-:' &~,~ ...... _,~s '*:4 2:2.,'98' ' Stare of New York ~U,.~y Ct Ri [ ROBERT W. ~,I c: SR.. c~::~cent of uuN~,CLuRS C,'zSUALTY SNO SURe,'( COMPANY. ,,:.:~ c~..,,¢ ~na~ ~,,=com;~ny is a corporation duly organized, existing and e~g~:~ in the ousiness of sur~sy Dy '/ir,ue of the taws of the S~:,: o~ New York, has duly compi:ed wi:h :, t ;ha *~ ' ; :qu;remencs of ~he laws of ;he S~a~e of New York apcl~caDie ts t~e csmoany and !s duly cuaiified ;o ac: as sure:y under such laws: ~-- *~: foreccing is a full ;rue and correc; copy of '~- r,n;n~,cl S~auemeu% o¢ said Company as 0¢ Oecemeeu 31, i995. fN ',,,iTNESS NHE?E,SF. ,-' have sigred this s;a:emen~ at Sta~en Zsland, Ne,,,., York, this twenty-fifth (2B~h) ~ay of Mar:n, -cc~- 1991 R~=.~ w. Adler, Sr., Presiden~ 02891 Certified Copy CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Bond No. ~)0 ~'~ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That CONTRACTORS CASUALTY AND SURETY COMPANY, a corporation of the State of New York, has made, con~tuted and appointed and by these presents does make, consti- tute and appoint AGNES V. MUI.2s--31 .I.~ THERESA BURKE and ROBERT E. ROTH ............................ of UNITED SEABOARD AGENCY, INC., BETHPAGE, NEW YORK its mae and lawful Attorney-in-Fact, with full authority to make, execute and deliver on its behalf as surety, any and all bonds, undertakings and other instruments of similar nature, without power of redelegation, as follows: Limited to $1,250,000.00. Such surety bonds, undertakings and insmunents for said purpose, when duly executed by the aforesaid Attorney-in- Fact, shall be binding upon Contractors Casualty and Surety Company as fully and to the same extent as if signed by the duly authorized officers of the Company and scaled with its corporate seal; and all the acts of said Attorney-in- Fact, pursuant to the authority hereby given, are hereby ra~'ied and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of Contractors Casualty and Surety Company on April 25, 1991 and are still in full force and effect: ARTICLE XII, SECTION 5: "POLICIES, BONDS, RECOGNIZANCES, STIPULATIONS, CONSENTS OF SURETY, UNDERWRITING UNDERTAKINGS AND INSTRUMENTS RELATING THERETO. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereun- der, shall be signed in the name of and on behalf of the Corporation: (a) by the President or a Vice President; of (b) by any Attorney-in-Fact for the Corix~'ation appointed and authorized by the President or a V~ce President to make such signature provided that any such delegation of power be limited to routine matters; or (c) by such other officers or representatives as the Board of Directors may from time to time detenmine. The seal of the Corporation shall, if appropriate, be affixed thereto by any such officer, Attorney- in-Fact or representative." IN WITNESS WHEREOF, CONTRACTORS CASUALTY AND SURETY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its authorized officer, This 6th day of September .19 95 . 1991 CON'II~CTORS CASUALTY AND SURETY COMPANY Robert W. Adler, Sr., President ~~~s 6~F RICHMOND ' day of Sentember . 19 95 , before me appeared the above named officer of Conwaetors Casualty and Surety Company, to me personally known to be the individual and officer des~ibed herein, and acknowledged that he execut~l the foregoing instrument and affixed the seal of the corporation thereto by authority of his ot~ce. (Seal) JOSEPH PERRY ME,F-, JR. N~. 4~63~14 CERTIFICATE I, the undersigned Secretary of CONTRACTORS CASUALTY AND SURETY COMPANY do hereby cer- tify that the original Power of Attorney of which the foregoing is a full, true and eon'ect copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Dh'ectors to appoint an at~rney-in-fact as provided in Article X/I, Section 5, of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attomey and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect tc, any bond, undertaking, recognizance or other instrument of nlmilar natme, with like effect as if such signature and such seal had been manually made and affixed." IN W1TNESS WEREOF. I~ set ~ may hand and affixed the corporate seal of the Company to these pre- sent this ? day of ,19 (Seal) Helen H. Adler, Secretary JUDITH T. TERRY TO'~N CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 18, 1997 Joel Itzkowitz, President Construction Consultants/LI 125 A West Broadway Port Jefferson, New York 11777 Dear Mr. Itzkowitz: The Southold Town Board, at a regular meeting held on April 15, 1997, rejected all bids for the construction of a Salt/Sand Storage Building at the Southold Town Highway Department, Peconic, N.Y. Thank you for submitting your bid on the construction of this building. Returned herewith is your 5% bid bond. The Town Board is rebidding this building, and enclosed herewith is a copy of the legal notice with regard to same. Very truly yours, $outhold Town Clerk Enclosures AIA Document A3'10 Bid Bond 946978-96 KNOW ALL MEN BY THESE PRESENTS, thatwe Construction Consultants, LI, Inc. 125A Broadway, Port Jefferson, New York 11777 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center, Newark, New Jersey 07102 a corporation duly organized under the maws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of amt bid Dollars (5 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, firm[y by these presents. WHEREAS, the Principal has submitted a bid for Salt Storage Facility NOW, THEREFOR[, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obiigee 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 :he faithful performance ot such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obiigee 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, other'wise to remain in full force and effect. Signed and sealed this 21 day of March 19 97 (Witness) (Wimess) Construction Consultants, LI, Inc. Joel/-I'~zkoWi t z (Title) President I~ternational Fidelity In/s,~,rance Company (~-~ ..~ ~ ~Surety). / ' \ (Seal) Margar~ Loccisano, A~:orney-!n-Fact AIA DOCUMENTA31O' BIO 8ONO * ^IA~. FEBRUARY 1970 ED · THE AMERtCAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON. D, C. 2000~ '~ . County of _~ ~ tO me kno; E CounW of On this Cay of ~ to be a member of the firm of _ ,19 am and deed of said firm. State of CountS' af On this 21 day of March 19~.97 before me personally c Joel ~'~ being bY me duly ~worn, did depose say that wno 8nd he ;s the u Ccnst~'~ction Ccnsu!~=-nc~, LZ Inc. ~ of President My commission ex~ires ~al~ in ~m,, n,u~ ~ /v~ ~/~~ ~ ................... ~'~f'~.'~ .... ~ ...... ~2~:~% ........... / On this ?l 3ay of March , I9 97 . before me personally ~ Margaret Laccisanc ~ ~ intern, aticnal Fide!i~v ins. C~. My commission expires INTERNATIOI L FIDELITY INSURANCE cq/ PANY ONE NEWARK CENTE~, 20th FLOOR. NEWARK, NEW JERSEX~8"7102-5207 STATEMENT OF ASSETS, LIABILITIES. SURPLUS AND OTHER FUNDS AT JUNE 30. 1996 ASSETS Bonds (Amortized Value) ................................... $46,588,43 l Preferred Stock .......................................... 1.571,000 Common Stocks (Market Value) .............................. 4,130,829 Mortgage Loans on Real Estate .............................. 671,190 Real Estate .............................................. 619,197 Cash & Bank Deposits ..................................... 6,673,467 Short Term Investments .................................... 1,943,410 Unpaid Premiums & Assumed Balances ........................ 1,783,880 Reinsurance Recoverable on Loss Payments .................... 4,043,831 Electronic Data Processing Equipment ......................... 461,387 Interest & Dividends Due and Accrued ........................ 825,307 Funds Held in Escrow Accounts .............................. 20~580,037 Collateral Funds Held Under Contract ......................... (20,580,037) Contract Balances Due and Unpaid ........................... 1,804,216 TOTAL ASSETS ............................. $7 I. 116,145 LIABILITIES. SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) ............................ $15,357,609 Loss Adjustments Expenses ................................. 5,721,462 Contingent Commissions & Other Similar Charges ............... 1.236,114 Other Expenses (Excluding taxes, licenses and fees) .............. 229,745 Taxes, Licenses & Fees (Excluding Federal Income Tax) ........... 607 Federal and Foreign Income Taxes Payable ..................... 1.009,167 Unearned Premiums ....................................... 15,176,783 Accounts Withheld by Company for Account of Others ............ 17 I,I 33 Liability for Unauthorized Reinsurance ........................ 277,616 Liability for Uncashed Checks ............................... 926 TOTAL LIABILITIES ......................... $39,181,162 Common Capital Stock .................................... $1.500,000 Gross Paid-in & Contributed Surplus .......................... 374,600 Unassigned Funds (Surplus) ................................. 30,060,383 Surplus as Regards Policyholders ........... 31,934,983 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS $71,116,145 I, Francis L. Mitterhoff. President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets. Liabilities. Surplus and Other Funds of this Company, at the close of busi- ness, June 30, 1996, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this 9th day of August, 1996. ENTERNATIONAL FIDELITY INSURANCE COMPANY (20 )62a-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BONDIRIDEEICONSENTSIAFFIDAVITS,~/ KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the Sta e of New Jersey and having its principal office in the City of Newark. New Jersey. does hereby constitute and appoint AGNES V. MULHALL, THERESA S. BURKE, DARYL HAMILTON, MARGARET LOCCISANO BETHPAGE, NY. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature therof, which are or may be allowed, required or permitted by law, statute, rule. regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL. FiDELiTY INSURANCE COMPANY. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office This Power of Attorney is execu ed, and may be cedified to and may be revoked, pursuant to and by authority of Article 3-Section 3. of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President. Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorized them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on )ha 29th day of April 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and biding upon the Company in the future with respect to any bond or undertaking to which it is attached IN TEST MONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May. A.D. 1991. iNTERNATIONAL FIDELITY iNSURANCE COMPANY STATE OF NEW JERSEY County of Essex Executive Vice President On this 1st day of May 1991: before me came tim individual who executed the preceding instrument, to me personally known, and. being by me duly sworn, said thai he is Ihe therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Sept 8. 1998 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Afforney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON PILE IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect ,N TESTIMONY WHEREOF, I Have hereunto set my hand thi~..~l day of ,~'~7...~ Assistant Secretary JUDITH T. TEP~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 18, 1997 Dillon Construction 81 Carleton Avenue Central Islip, New York 11722 Dear Sirs: The Southold Town Board, at a regular meeting held on April 15, 1997, rejected all bids for the construction of a Salt/Sand Storage Building at the Southold Town Highway Department, Peconic, N.Y. Thank you for submitting your bid on the construction of this building. Returned herewith is your 5% bid bond. The Town Board is rebidding this building, and enclosed herewith is a copy of the legal notice with regard to same. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures THE AMERICAN ISTITUTE OF ARCH ECTS AIA Document A310 Bid Bond ~ I~.Tl~ ~ 11722 (Here insert full name and address or lega~ title of Contractor) as Principal,here~er called the Principal and ~ ~ (~4PAN~ 26600 'J'~:,~ ~ ~Tl~')? ~ ~OO~ (Here insert fuLL name and address or regal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and fJ-~mly bound unto 53~5 ~ ~. (Here inse~ fuLL name and address or iega{ title of Owner) as 0bligee, hereinafter called the 0bligee, in the sum of E~.:.:.:.. ~ ~0U~ AND 00/100-- ............ Dollars ($ 10,000.00---- ) for the ~yznent of %fnich sum well ~ t~qJly to be m~e, t/~e s~id Princi~ ~ the said Surety bLnd oursel~s, our heirs, executors, adafu-~strators, successors sera-rally, fiz~nly ~ these presents. WHEREAS, the Principal has suk~itted a bid for C0~IS~ OF (Here insert fu~t name, address and description of project) N(~W~ ~r if the 0btigee sha~l accept the bid of the Principal and the Principa( shaLL enter into a Contract with the 0b[igee in accordance ,ith 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 ~rompt payment of Labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shah pay to the 0b[igee the difference not to exceed the penalty hereof between the amount specified in said bid and such Larger amount for which the 0biigee may in good faith contract with another party to perform the Work covered by said bid, then this obligation sha[l be null and void, otherwise to remain in furl force and effect. Signed and sealed this 26~ day of ~ 19 97 (Witness) (Witness) (Principal) (Seal) A/_A ~ A310 · BID Bf~%~) · A/J% @ · ~Jk~dAR~ 1970 ED · 'l~U~ AMERICAN INSTITUTE OF ARC~±'£~CTS, 1735 N.Y. AVE., N.W., ~/A~iON, D.C. 20006 A~<NCW~EEGEME~T OF CONI~ACI~R, IF A CORPORATION STATE OF N~.~ YORK ) ) SS: COUNTY OF ) On the day of in the year 19 , before be personally came to me kncma~, who, being by me duly sworn, did depose and say that he resides at that he is the of ,the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the Board of Directors of said corporation. NOTARY pL~.TC OR CC~MISSIONER STATE OF NEW YORK ) ) COUNTY OF NASSAU ) On the 26th day of March me personally came T~OIS A. in the year 19 97' before to me known, who, being by me duly sworn, did depose and say that he resides at DIX HILLS, N~ he is the ~ IN FACT the corporation described in and which executed the above instrument; and that he signed bis name thereto by order of the board of d~rectors of said corporation. ~UT.~NNE :4OLMAN v N~tacf Public, S~at~, oi N,~'~V :ork~ Commission ~ires N,3y 31, 19~ BID ~C~D 4 State of ~ ~ ~ / ~ o~ personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and ackncwledged that he executed the .~/~ // , 19 ~fbefore me STp NSUR^NC ; CO34rA GENEI~&L POWER OF ATTORNEY No:SA 1450120 (Fotd unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS. that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint LOIS A. MCCORD OF WOODBURY, NEW YORK its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyship to be given to Applicable to Ail Obligees provided that no bond or undertaking or conh-act of suretyship executed under this authroit2, shall exceed in amount the sum of two million five hundred thousand ($2,500,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the author ty of the tbllowing Resolution adopted by he Board of Directors of the Company on the 7th day of January, 1993. "R~SOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice President or a Vice President of the Company be. and that each or any of them is. authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the gix ¢n Power of &ttomey to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOL\ ED, that the signatures of sucb officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto 55 thcsimile, and an5 such Power pt' Attorney or certificate bearing such facsimile signatures or l~csimil¢ seal shatl be valid and bthding upon the Company ;~hen so affixed and in the thture with respect to any bond, undertaking or contract of suretyship to which it is attached ' IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto allixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, [995 Attest: STAR INSURANCE COMPANY STATE OF ,,,CH, AN '' ' COUNTY OF OAKLAND ~ " ~ On this 13th day of March. 1995. betbre me personally came Marc S. Willner. to me known, who being by me duly sworn, did depose and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the co~oration described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said co~oration and that he signed his name thereto by like order. CERTIFICATE My Commission Expires: L the undersigned, of STAR INSURANCE COMPANY. a Michigan corporation. DO HEREBY CERTIFY that the tbregoing and attached Pox~er of Attorney remains in full three and has not been revoked; and furthermore that the Resolution of the Board of Directors. set tbtth in the said Power of Attorney. is now in Ibrce. SignedandsealedatthecityofSouthfieldintheStateofMichigan Datedthe 26~or March _, 199_ 7 ~ary Jo Renaud. Assistant Secretary 6030-Mar.95 Page 1 of 1 JUDITH T. TEP~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 15, 1997: RESOLVED that the Town Board of the Town of Southold hereby rejects all bids for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department, Peconic Lane, Peconic, N.Y. Judith T. Terry Southold Town Clerk April 16, 1997 PROPOSALFORM TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: JANUARARY 7, 1997, 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: TOWN HIGHWAY SALT SAND STORAGE FACILITY 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, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SALT SAND STORAGE FACILITY D-1 H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or biddeCs bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southotd and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than ninety (90) working days. SALT SAND STORAGE FACILITY B-3 FURNISH AND CONSTRUCT A ONE STORY POLE BARN FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED ON THE PLANS AND SHALL HAVE A WOOD TRUSS ROOF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WI'fH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town 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: (~0~, (~. O~ Business Address: Telephone Number: Date: SALT SAND STORAGE FACILITY 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 distdct or any agency or official thereof for work or sc~ vices performed or to be perfom, :,~' ;;oocis sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each pemon signing on behalf of any bidder certifies, and in the case of a joint bid, each par'b/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 pdces 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. The person signing this bid or proposal cer[ifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder RESOLUTION (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a Salt Sand Storage Facility @ Southold Town Highway Department. PeconicLane, Peconic, NewYork 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 I" ~ (Signatu}'~' effective September 1, 1965 SALT SAND STORAGE FACILITY 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 underthe 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 administering ag~ subcontractor obtain from each of its subcontractors and submit to the contracting or ncy prier to the award of any subcontractor under this contract the ificati~ requi~d by these Bid Conditions. (Si! ~atur~e of AuthOrized Representative of Bidder) SALT SAND STORAGE FACILITY F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Doc ume~ A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obtigee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said PrinciDal 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, THERI~FORE, if the Oblisee shall accept the bid of the ~'incipal and the Principal shall enter into a Contract with the Oblisee in accordance with the terms of such bid, and 8ive such bond or bonds as may be specified in the biddin8 or Contract Documents with 8:oo(I and sufficient surety for the faithful performance of such Contract and lOT the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent of the failure of the Principal to enter such Contract and 8ive such bond or bends, il the Principal shall pay to the Obli$~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larser amount for which the Oblisee may in good faith contract with another party to perform the Work covered by said bid, then this obli$ation shall be null arid void, otherwise to remain in full force and effecL Signed and sealed this day of 19 (Witness) (PrincipalJ (Seal) (Title) (Surety) (Seal) (Witness) (Title) AMEEIOkN INSTITUTE OF Cl-tlTECTS BOND#: 629778 03-25-97 Bid Bond KNOW ALL M~ BY THESE PRSENT$, m=t~nco~ Construction of N.Y.Corp. Box 176 Por~ Jefferson New York 11777 ~ ~,mfp=f. h~mfmmf~ ~[~d ~ ~dmdp=~, ~d Nobel Insurance om a 2296 Henderson Mill Road A~lanta GA 30345 ~ ~~' :~ ~urety, hereinaIter ~Jlefl the Surety, =re held ~fl firmly baund unto Obll;e.-, her=b~fter c:lled Sa Obli;¢~, ;m the ~ ~f 5z of amount bid not to exceed Six Thousand Two Hundred Fifty Dollars********** Oef[~ ~ 6,250.00 ~un=lv~, our he/r~, ~to., ,dminhtml~n, ~ug~san and ~;ns. ~Olntly ~ s~emlly, fi~ly by WHEREAS, th~ Prin~pg h~ submilted: bM far ~i ~ ~ ~ ~,~ a ~ Sa~d S~lc SCo~age ~ Sou~hol~ Elgh~a7 Dept. Stephanie Moustakas 25th ~ Of March 19 97 Genco~ tst~cti~of N.Y. Corp,. Nobell [nsura~e Companv~ , ,, f ./~ n~' ) Tho~m A. Petrop~ (Attorney-in-Fact) I I oBEL INSURANCE COMPANY GENERAL POWER OF ATTORNEY 629778 KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Thomas A. Petropole, Lawrence D. Dacchille, Stcphanie Moustakas, or Andrew W. Poulos its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of thc said Company, as surety, bonds, undertakings and contracts of suretyship ~ be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ************Three million five hundred thousand dollars ($3,500,000)************ This Power of Ar;omey is granted and is signed and sealed by fa~imile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 24th day of August, 1995. William Osceola Gordon, Asmstant Vice President i7 SFAL j ? NOBEL INSURANCE COMPANY By Emil B. Askew, Vice P~sident STATE OF GEORGIA COUNTY OF DEKALB SS: On this 1st day of October, 1995, before me personally came Emil B. Askew, to me known, who being by me duly sworn did depose and say that he is a Vice President of NOBEL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it wu so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE Lenora N. Cape NOTARY PUBLIC My Commission Expires August 3, 1998 1, the undersigned, an Assistant Secreta~ of NOBEL INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that the foregoing and aiXacbed Power of Attorney remains in full force and ha not been revoked; and funbermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Atlanta in the Slate of Georgim Dated the 25th d~ of March ,I9 97. Charles B. Cape, Assistant Secretary. Nobel Insuran. ce Company (Nobel Insurnnee Group) 800I LB,I Freeway, Suite 300 Dulhs, TX 75251-130I Admitted Ass~ Statutor/Statement as of December 31, 1995 Ouh & short, term inve~tmcna $ Bonds S2,1 g2,~2~ Common stock ~439,98~ Acc~ in~z 1 Inv~en~ In ~[l~ 1,069,197 Torsi (Statement) ,I 12.725~416 Total (Statement) Liabilities, Surplus and Other Funds ~ & ~djUstme~ eXpelS $46,309,484 Ac¢ount~ p~ytble & ~ cxpc~ 2,994,929 U~d prmiu~ 2~,268,206 Re~s~ fu~ 573,899 Amounu ~ or ~ by comply 3,316,737 R~ ~ds 647,0~ To~ Poll~hoM~ Su~l~s 33.61~,16~. 112.725.416 STATE OF TEXAS COUNTY OF DALLAS Douglas W. Caudill, SccreU."y, being duly sworn, depose~ and says he is S~cretary of Nobel Insurance Company and that the for~golng is a trua and correct statement of the financial condition of said corporation as of December 31.1995. Douglu ~, CaudilL $¢crctary Subscribed and sworn to before me this 2~th day of March, 1996 ~ ~ t~ I m~tmt,d~a PROPOSALFORM DATE: March 27, 1997 NAME OF BIDDER: ZEM ASSOCIATES, INC. PO BOX 69, Ronkonkoma, New York 11779 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: JANUARARY 7, 1997, 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: TOWN HIGHWAY SALT SAND STORAGE FACILITY 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, Peconic Lane, Peconic, New York 11958, and ,shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SALT SAND STORAGE FACILITY D-1 FURNISH AND CONSTRUCT A ONE STORY POLE BARN FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED ON THE PLANS AND SHALL HAVE A WOOD TRUSS ROOF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: SEVENTY-TWO THOUSAND, SIX HUNDRED NINETY DOLLARS AND NO CENTS (wri~en .in words) $72,690.0O (wri~en 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: ZEM ASSOCIATES, INC PO box 69 Ronkonkoma, NY 11779 Telephone Number: Date: 3/26/97 (516) 467-4421 FAX (516) 467-2087 SALT SAND STORAGE FACILITY D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d GeneraJ Municipal Law, effective September 1, 1966, every bid or proposa~ hereafter made to a political subdivision of the State of any public depadment, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any 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. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy'of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Maria Smith, President - ZEM ASSOCIATES, INC. (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a Salt Sand Storage Facility @ Southold Town Highway Department. PeconicLane, Peconic, NewYork 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 ~enalties 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 ZEM ASSOCIATES, INC. 27th day of March ,19 97 Laws of New York, lees Ch. 751, Sec. 103-d, as amended (Signature) effective September 1, 1965 SALT SAND STORAGE FACILITY 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 ZEM ASSOCIATES, INC. (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work underthe contract LOCAL 138 - Operating Engineers LOCAL 1298 - Laborers ; 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: Local 138/Local 1298 .;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 alt construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: Local 138/1298 ; 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 CondjtFons. (Sign at~ ;e o~f ~°~,;ec~ Represent~t~e~ B~i~ ~er) SALT SAND STORAGE FACILITY F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond ~003683-T KNOW ALL MEN BY THESE PRESENTS, thatwe Zero Agscciat:es, Inc. P .O. Box 69, RoI/kon~"r['~I y~/~.~a~,e,, or les,, ~.tle oi Contracm,I as Principal, hereinafter called the Principal, and Contractcrs Casualty & Surety ¢o., 1911 Ric,~aon~ A~'e S.I., :NY a corporation duly organi,zed under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of ami bid Dollars (55% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of a Salt Sand Storage Facility NOW, THEREFORE, if the Obligee shall acce~t the bid of (he Principal and the Principal shall enter into a Contract with the Obli~ee in accordance with the :eras of such bid, and give such bond or bonds as may be specified in the biddin8 or Contract Documents with good and sufficient sure~/ for the faithful performance of such Contract and for the prompt payment of Iabor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and $ive such bond or bonds, if the Principal shall pay to the Obiigee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in 8ood faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of March 19 97 ./;/- _ A ociet $, nc. ~ ,/ ~,-, ~ . //~C~//~ ~._~,~,~-~x~-/ ~ ~ / ~v~ / -~.' ,.' ~. ' Theresa Burke - A~to~ey-in-Fact State of ss. County of O~ this day of , 19 , before me personally c to me koo. and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he execu the same. My commission expires Notary Public State of County Of SS. On this day of. 19 , , before me personally Car to me known and known to r- ~ to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for t act and deed of said firm. My commission expires Notary Public New York State of } Nassau ss. County of . On this , 25th day of. March 19 97 Maria G. Smith · before me personaJly cam --~ ~ who being by me duly sworn, did depose and say that he the ~ ~of gem Associates Inc. President the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed t~ said instrument is such corporate seal; that it was so affixed by order of the Board of [~ectors of said corporation., and that he signed name thereto bY like order, DARYL HAMILTON / ) , -~/ State of New' York Nassau } ss. County of On ?:his 25th March day of 97 , 19- , before me personally came Theresa Burke to me known, who, being by me duly sworn, did depose and say that heisanattorne¥-in-factof Contractors Casualty & Surety Co the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andafflxed the said seal as Attorney-in-Fact by authority of :he Roard of Directors of said corporation and by authority of this office_under the Standing Re~olutioos thereof. DARYL HAMILTON / ~ ~ / Notary Public, State of New York My commission expires i,~m~al|fied irl ~k Courlty ~'~x'? salon ~,xp*res Peb. 28, 1 ~ ~lot~r%, Public F01~ # -7.3 CONTRACTORS CASUALTY AND SURETY COMPANY Hc~m~ gfflce~ Staten Is!and. New York Financial.~.~.,~..~<-:==~=~ - Oecember 3!. 199~ ~£sets S~oc~ and 8ones ~' ~03 ~ Cash and Bank Oe>~,s ~ ...................................... 2~8.Z63 Premium B~,~nc=_'~' ~ (under 60 Ca'.s). . .............................. 302.02B Accrued [nteres: ............................................. 31.972 Other Asse~s ........................................ 57 000 Tote! ~ ~--- ~? 9~?.798 L~abiiities Reserve for unearned premiums ................................... s ~72.6Z8 Claim reserve ............................................. 275.000- Other liabilities ............................................. !35 5i0 To~a! Lia~'litles ....................................... s ~3 128 and Sur$iuS Capital Paid-in ........................................ SurFius ....................................................... 229.670 To, al Lia~i~'~,,~=.. C~c~-::_, .._. & .~urpius ..................... ~s? 2!2.~c8 State of New Yori< County of ×,chm~,,~ ss' r ROBERT W. AOLER SR. o~=~':~r of CONTRACTORS CASUAL~ ANO SURET{ COMPANY, do hereby certir~ tha~ ~he comcany is a corporation duly organized, existing and engaged in the business of suresy Dy virtue of the laws of the S~ate c~ New ,orK, ~ Su:s. ~ New York has duly complied ,with ail ~he fenuirements of the laws of'*~ ~' : · :nc uu~y Qualified ~o ac~ as sur=~y under suc~ laws: aooilca~ie co ~>= company ' '~ * ' ~- and ~'-~,.=. ~=~,.. fcregcinc, is a rui~. ,:*ue and correct copy of Che F~nancial Statement of saic Company a~ cf Oec:::,~=r 31. 1995 _~.en Island. NAN-: 'fork. this s~a~e~l, en~ t:,~en~y-fi fth ~'~ ' ~;, OT Marzh. i996. 1991 Roeert W. Adler. Sr.. Presiden~ 0289]. Certified Copy CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Bond No. O0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That CONTRACTORS CASUALTY AND SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, consti- tute and appoint AGNES V. MULH31.1., THERESA BURKE and ROBERT E. ROTH ............................ of UNITED SEABOARD AGENCY, INC., BETHPAGE, NEW YORK its true and lawful Attorney-in-Fact, with full authority to make, execute and deliver on its behalf as surety, any and all bonds, undertakings and other insmm~ents of similar nature, without power of redelegation, as follows: Limited to $1,250,000.00. Such surety bonds, undertakings and insmmaents for said purpose, when duly executed by the aforesaid Attorney-in- Fact, shall be binding upon Conwactors Casualty and Surety Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in- Fact, pursuant to the authority hereby given, are hereby ratified and conf'krmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of Conn"actors Casualty and Surety Company on April 25, 1991 and are still in full force and effect: ARTICLE XII, SECTION 5: "POLICIES, BONDS, RECOGNIZANCES, STIPULATIONS, CONSENTS OF SURETY, UNDERWRrrING UNDERTAKINGS AND INSTRUMENTS RELATING THERETO. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereun- der, shall be signed in the name of and on behalf of the Corporation: (a) by the President or a Vice President; of (b) by any Attorney-in-Fact for the Corporation appointed and authorized by the President or a Vice President to make such signature provided that any such delegation of power be limited to routine matters; or (c) by such other officers or representatives as the Board of Directors may from time to time determine. The seal of *.he Corporation shall, if appropriate, be affixed thereto by any such officer, Attorney- in-Fact or representative." IN WITNESS WHEREOF, CONTRAC'I~RS CASUALTY AND SURETY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its authorized officer, This 6th day of ~ 19 95. 1991 CONTRACTORS CASUALTY AND SURETY COMPANY Robert W. Adler, Sr., President STATE OF NEW YORK COUNTY OF RICHMOND SS. On this ~_~h day of ~ 19 95 . before me appeared the above named officer of Conwactors Casualty and Surety Company, to me pe~onally known to be the individual and officer described herein, and acknowledged that he executed the foregoing inslxument and affixed the seal of the corporation the~to by authority of his office. (Se~) J~ PERRY MEE, JR. N~. 4~.14 CERTIFICATE I, thc undersigned Secretary of CO~CTORS CASUALTY AND SURETY COMPANY do hereby cer- tify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do fm'ther certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article XII, Section 5, of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect to any bond, undertaking, recognizance or other insmmaent of ~imil~' natu~, with like effect as if such signature and such seal had been manually made and affixed." IN WITNESS WEREOF, I41ave hereunto set may hand~ and affixed the corporate seal of the Company to these pre- sentthisJ dayof ~ ,19~:7 (Seal) 1991 Helen H. Adler, Secretm'y PROPOSAL FORM DATE: 3-27-97 NAME OE BIDDER: CONSTRU£TTF~N F;FiNRIII TANTq/I T TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: JANUARARY 7, 1997, 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: TOWN HIGHWAY SALT SAND STORAGE FACILITY PECONIC LANE, PECONIC, NEWYORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SALT SAND STORAGE FACILITY D-1 H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than ninety (90) working days. SALT SAND STORAGE FACILITY B-3 FURNISH AND CONSTRUCTA ONE STORY POLE BARN FOR USE ASA SALT SAND STORAGE FACILITY, THE SIZE OF THE FACILITY SHALL BE AS INDICATED ON THE PLANS AND SHALL HAVE A WOOD TRUSS ROOF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: One hundred and eight thousand dnlla~s ............ (written in words) $ 108,000.00 (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 reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: (~"L~5 A West Broadway Port Jefferson, NY 11777 Telephone Number: Date: 3-27-97 (516) 474-4774 SALT SAND STORAGE FACILITY D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103<1 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 officiat thereof or to a fore district or any agency or official thereof for work or services performed or to bc t:~L'don ~(d ~, ~oods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless othenNise 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 pnor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person. partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that CONSTRUCTZON CONSULTANTS/L Z be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a Salt Sand Storage Facility @ 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 Cons~rucLion Consu]LanLs/Li dayof ,/~'4¢/2(/~ , 1977 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended .~ .~ / (Signature) effective September 1, 1965 SALT SAND STORAGE F 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 CONSTRUCTION CONSULTANT$/LI (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work underthe contract AS REOUIREO ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: .; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certifi ion required by these Bid Condition__s. atureof Authorized Representative of Bidder) v' ! ~SALT SAND STORAGE FACILITY F-1 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document ,~310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for th'e payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Oblisee 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 arid sufficient surety for the faithlul performance of such Contract and for the prompt payment of labor and material furnished in the prosecution t~tereof, or in the pvent of the failure of the Principal ~o enter such Contract and give such bond or bonds, if the Principal shall pay to the Obtig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parly to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Witness) (Sure~) (Seal) (Title) AIA DOCUMENT A31B · BIO 8ONO · AIA ~ · FEBRUARY 1970 ED · TIlE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 AIA Document Bid Bond 946978-96 KNOW ALL MEN BY THESE PRESENTS, thatwe Construction Consultants, LI, Inc. 125A Broadway, Port Jefferson, New York 11777 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center, Newark, New Jersey 07102 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obli§ee, hereinafter called the Obligee, in the sum of 5% of amt bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Salt Storage Facility NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and Ihe Principal shall enter ,nra a Contract with the Oblisee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddin8 or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shaft 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 Oblisee may in good faith contract with another party to perform the Work coveted by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seamed this 21 day of March 19 97 (Witness) (Wi~ess) Construction Consultants, LI, Inc, ~ (Principal.; (Seal) doe~/~'~ t ~ ~President -- I~ternational Fidelity Insurance Comp~_nfy,, Margar~ Loccisano, Attorney-In-Fact AIA DOCUMENT A310 . BiO BONO , AIA ~ . FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W.. WASHINGTON. O. C. 20006 SS. tO me knc State of Coun~ of On this. day of , ~ to be a member of the firm of described in and who executed the foregomg mszrument and he thereuoon acknowledged to me that he executed the same as and for a~ and deed of said firm, My commission expires New Ycrk State of Nassau C~unw of ss. On ,'his 21 day of. March 19 97 , before me personally c Joe! I~zkcwi~z to me who being by me du~¥ sworn, did depose and say mat the Ccns~_--ccticn Ccnsu!~an~, 5Z Inc. of On mis ?l day of March , 19 97 before me ~ersonally c Margaret Lcccis~'~o tO me known, who, ~ing Oy me duly sworn, did depose and say attorney-in-fact of. Zn~e~aticna! Fide!iCy Zns. Ca. the corporation described in cna which executed ~e within instrument; that he knows the corporate seal of said corporation; that affixed to the within instrument issuch corporate seal, an~ that he signeQ the saidinstrument andaffixed ~e~aid seal as Attorney-~n bv aut~onw o~ the ~oar~ of Oirec.ors' of said corooradon and bY au~oriw of =his office under ~he S(an3i~ ~esoiutions thereof. C; STM '..'~ '~"" Cl,,-'p~ ~a~ P'aOlic INTERNATIO I,L FIDELITY INSURANCE C IPANY ONE NEWARK CENTER, 20th FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1996 ASSETS Bonds (Amortized Value) ................................... $46,588,431 Preferred Stock .......................................... 1,571,000 Common Stocks (Market Value) .............................. 4,130,829 Mortgage Loans on Real Estate .............................. 671,190 Real Estate .............................................. 619,197 Cash & Bank Deposits ..................................... 6,673,467 Short Term Investments .................................... 1,943,410 Unpaid Premiums & Assumed Balances ........................ 1,783,880 Reinsurance Recoverable on Loss Payments .................... 4,04-3,831 Electronic Data Processing Equipment ......................... 461,387 Interest & Dividends Due and Accrued ........................ 825,307 Funds Held in Escrow Accounts .............................. 20,580,037 Collateral Funds Held Under Contract ......................... (20,580,037) Contract Balances Due and Unpaid ........................... 1,804,216 TOTAL ASSETS ............................. $71,116,145 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) ............................ $15,357,609 Loss Adjustments Expenses ................................. 5,721,462 Contingent Commissions & Other Similar Charges ............... 1,236,114 Other Expenses (Excluding taxes, licenses and fees) .............. 229,745 Taxes, Licenses & Fees (Excluding Federal Income Tax) ........... 607 Federal and Foreign Income Taxes Payable ..................... 1,009,167 Unearned Premiums ....................................... 15,176,783 Accounts Withheld by Company for Account of Others ............ 171,133 Liability for Unauthorized Reinsurance ........................ 277,616 Liability for Uncashed Checks ............................... 926 TOTAL LIABILITIES ......................... $39,181,162 Common Capital Stock .................................... $1,500,000 Gross Paid-in & Contributed Surplus .......................... 374,600 Unassigned Funds (Surplus) ................................. 30,060,383 Surplus as Regards Policyholders ........... 31,934,983 TOTAL LIABILITIkS, SURPLUS & OTHER FUNDS $71,116,145 I. Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities. Surplus and Other Funds of this Company, at the close of busi- ness, June 30, 1996, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company. this 9th day of August, 1996. LNTERNATIONAL FII)ELITY INSURANCE COMPANY (20 )624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BONDIRIDERICONSENTSIAFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNA]-IONAL FiDELiTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint AGNES V. MULHALL, THERESA S. BURKE, DARYL HAMILTON, MARGARET LOCCISANO BETHPAGE, NY. its true and lawful attorney(si-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in Ihe nature theref, which are or may be allowed, required or permitted by law, statute, rule. regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board o! Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974 The President or any Vice President. Executive Vice President, Secretary or Assistant Secretary, shatl have power and authority (1) To appoint Attorneys-in-fact and to authorized them to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and undertakings, contracts of iodemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day ef April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea[ shall be valid and biding upon the Company in the future with respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, iNTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.D. 1991. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County et Essex Executive Vice President On this 1st day of May 1991: before me came the individual who executed the preceding instrument, to me personalty known, and. being by me duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY iNSURANCE COMPANY; that lhe seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Newark. New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My CommissIo~ Expires Sept. 8. 1998 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that ~ have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE iN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect, IN TESTIMONY WHEREOF, I Havehereuntosetmyhandthi~,~/ dayof~'~f~ 1~.~ Assistant Secretary PROPOSALFORM DATE: 3/27/1997 NAME OF BIDDER: Dillon Construction 81 Carleton Ave Central Islip, N.Y. 11722 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: JANUARARY 7', 1997, 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: TOWN HIGHWAY SALT SAND STORAGE FACILITY PECONIC LANE, PECONIC, NEWYORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will fumish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SALT SAND STORAGE FACILITY D-1 FURNISH AND CONSTRUCT A ONE STORY POLE BARN FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED ON THE PLANS AND SHALL HAVE A WOOD TRUSS ROOF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Onehundred Eightyeight thousand six hundred sixty five dollars (written in words) $188¢665.00 (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. Signature of Bidder: Business Address: 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. ,~~e "~'-~ Dillon Construction Central Islip, N.Y. 11722 Telephone Number: Date: 3/26/1997 Ph 516 232 1236 Fx 516 232 1260 SALT SAND STORAGE FACILITY 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 distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury;, non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been ardved at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces with any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that Dillon Construction be (Name of Coq~oraflon) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a Salt Sand Storage Facility @ Southold Town Highway Department. PeconicLane. Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19__ George Agagnina Dba Dillon Construction Laws of New Yor~, 1965 ~-' -- Ch. 751, Sec. 103-d, as amended effective September 1, 1965 SALT SAND STORAG 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 Dillon Construction (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work underthe 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 pdor to the award of any subcontractor under this contract the subcontractor certi~these Bid Conditions. SALT SAND STORAGE FACILITY F-1 THE AMERiCAN STITUTE OF ARCH ECTS AIA Document Bid Bond (~))ll~JkL I-~.?P, )~ 117~ (Here insert full name and address or legal title of Contractor) as Prip~ipal,hereinafter called the Principal and b'~R ~ ~ 26600 ~J%P~ R~%P ~TI~ ~ 4803~ (Here insert furl name and address or Legal tltte of Surety) a corporation duly organized u~--er the laws of the State of MI~a~q~ as Surety, hereinafter called the Surety, are held and firmly bound unto 53095 ~ ~. (Here insert full name and address or legal title of Owner) SOUTl~n, IiX as Obligee, hereinafter called the Obligee, in the sum of 5% (~ '~ ~ BID NO~ ~0 I~,:.:.:,, T~N ~ aND 00/lO0- ................ Dollars ($ 10,O00.O0---- ) for the palanent of ~Ynich u ~11 and truly to be ~e, the said Principal and the said Surety bind c~rsel~s, our heirs, executors, admir~strators, successors ~ assigns, jointly and severally, fJ_~n~ly by these presents. N(~W~ ~]~J~qlCl~q~ if the Ob[lgee shah accept the bid of the Principal and the Principa[ shah 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 bon4 or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shah be null and void, othen~ise to remain in full force and effect. Signed and sealed this 26TH day of )~q~CE 19 97 (Witness) (Witness) (Principal) (Seal) /~/LOIS ~. E C(~D (Title)A~aorney-in-fac~ / A/A ~ A310 · BID BCEqD · ALt @ · ~'.:~dARY 1970 ED · '1~.: ~ICAN IN~'r±'mtffE OF ARL~I'I'~S, 1735 N.Y. AVE., N.W., WAS~INGION, D.C. 20006 ACK~C~I~EDGEME~T OF CONTRACTOR, IF A CORPORATION STATE OF N~ YORK ) ) CO~TY OF ) On the day of in the year 19 , before be personally ca~m to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of ,the corporation described in and which executed the above instrument; and that he signed his ~ thereto by order of the Board of Directors of s~id corporation. NOTARY PUBLIC OR CC~4ISSIONER OF D~:,'.~ kS Sn~TE OFN~YORK ) ) SS: COUNTY OF ~ ) On the 26th day of March me persoD~l ]y came LOIS A. MCCu~ in the year 19 97' before to ~ known, who, being by m~ duly sworn, did depose and say that he resides at he is the ~ I~ FACT of b~z~R ~ ~ the corporation described in and which executed the above instrmTent; and that he signed his ~ thereto by order of the board of directors of said corporation. SU~.~'~HNE 9rOI. MAN v Notary Public, Str~te o~ NIfw ,ork~ ~Om ~31 ~ ~-- ~ Qualified ~n ~ ~oo~W ~ Commission ~pires M3y 31, 1~ ~PUBLIC OR CC~ISSIONER BID ~C~O 4 State of personally appeared to me known a~ known to me to be the person described in and who executed the foregoing instrument and~ackncwledged that he executed the STAR SURANCE COMPAN' GENERAL POWER OF ATTORNEY No.: SA 1450120 (Void unless numbered in red.) I~NOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint LOIS A. MCCORD OF WOODBURY, NEW YORK its true and lawful ar~omey-in-fact, tbr it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amount thc sum of two million five hundred thousand ($2,500,000.00) dollars. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the tbllowing Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, thc President. an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney-in-faat named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contra~ts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attomey, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or t~csimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract or' suretyship to which it is attached." IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed b5 one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995 Attest: STAR INSURANCE COMPANY COUNT5 OF OAKLAND } On this 13th day of March, 1995, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument: that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE My Commission Expires: I. the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the tbregoing and attached Power of Attorney remains in tull three and has not been revoked; and furthermore that the Resolution of the Board of Directors. set tbrth in the said Power of Attorney, is now in three. SignedanflsealedatthecityofSouthfieldintheStateofMichigan. Datedthe 26&l;lof March ,199__ 7 Mary 1o Renaud, Assistant Secreta~. 6030-Mar. 95 Page 1 of 1 l 7,~,Z'¢,. ia_7 : 7,'-: 3.017 ..~,. ,?7= N¢)TI('E TO BIDDERS NO'VICE Iq HEREBY GIVEN, in Sectio~ :03 cf Iht General Municipal reques ed Io~ furn:shing all of the la- bor, materials ant! equipment for the constn;cfion of a Sah/Sand Storage Facility at the So~thold Town High- way D:parlmen, Peconic Lane, Peconic New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New 5brk 11971, upon payment of a Non-Collusive Bid Certificate and bid seculity hi the tBrm 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 Mum Road, Soulhold, New York, until 11:00 A.M., Thursday, March 27, 1997, al which time they will be opened and read aloud in public. Fhe Town Board of the Town of Southold reserves ~he right to reject an and all bids and to waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do All bids must be signed and sealed in envelopes plainly marked "Bid on Salt/Sand Facility", and submitted lo the Office of the Fown Clerk. The bid price shall not include any tax, feder- al, state, or local, from which thc Town of Southold is exempt. Dated: March 4, t997. JUD1TH T TERRY SOUTHOLD TOWN CLERK 889" 1TM 13 STATE OF NEW YORK) ) SS: ~_~_~_~J~ of Mattttuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week __ weeks su~.essiyely, 0pmmencing on for I the ~day of ~19~. Principal Clerk Sworn to before me this '?7__ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 10th day of March 1997, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, Salt/Sand Storage Building for Highway Department, bid opening: 11:00 A.M., Thursday, March 27, 1997, Southold Town Clerk's Office. Sworn to before me this 10th day of March 1997. Terry Southold Town Clerk LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials and equipment for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department, Peconic Lane, Peconic, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $25.00 nonrefundabie fee, made payable to the Southold Town Clerk. The sealed bids, together with a Non-Collusive Bid Certificate and bid security in the form of a certified check or Bid Bond in th e 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 11:00 A.M., Thursday, March 27, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and ali informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Salt/Sand Facility", and submitted to the Office of the Town Clerk. The bid price shall not include any the Town of Southold is exempt. Dated: March 4, 1997. tax, federal, state, or local, from which JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 13, 1997, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Town Clerk's Bulletin Board INVITATION TO BIDDERS: CONSTRUCTION OF A SALT SAND STORAGE FACILITY SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 JANUARY 7, 1997 ENGINEERING DEPARTMENT INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non~Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS A- 1 through A- 1 B - 1 through B - 3 C-lthroughC-1 D- 1 through D- 2 E - 1 through E- 2 F- 1 through F - 1 AIA Document #A310 G - 1 through G - 1 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 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable codes Construction Facilities & Temporary Controls Substitutions DIVISION Two - SITE WORK Site Preparation Earthwork DIVISION THREE - CONCRETE AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K-lthroughK-1 L - 1 through L - xxxx M - 1 through M - 2 N - 1 through N -8 1010- 1 through 1010 - 1 1080- 1 through 1080- 1 1500- 1 through 1500- 1 1600- 1 through 1600- 2 2100- 1 through 2100- 1 2200 - 1 through 2200 - 3 Concrete Work DIVISION SIX - WOOD AND PLASTIC Rough Carpentry 3000- 1 through 3000 -1 6100- 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing 7500 - 1 through 7500 - 1 DIVISION NINE - FINISHES Painting 9900 - 1 through 9900 - 2 SALT SAND STORAGE FACILITY INDEX TO DRAWINGS: ('SEE ATTACHED) T- 1 TITLE SHEET SP - 1 SITE PLAN A- 1 FOUNDATION A- 2 WALL SECTIONS A- 3 DETAILS A- 4 ELEVATIONS & ROOF PLAN DETAILS SALT SAND STOI::~,GE FACILITY INVITATION TO BID PROJECT: SALT SAND STORAGE FACILITY - SOUTHOLD TOWN HIGHWAY DEPT. PECONIC LANE, PECONIC, NEWYORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Salt Sand Storage Facility located at the Southold Town Highway Department on Peconic Lane, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall. 53095 Main Road, Southold, New York 11971, until 11:00 AM, Thursday, ~'~.~Z' ¢2 ~ 1997. ( All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated:?~-~.~-/1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk SALT SAND STORAGE FACILITY 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. SALT SAND STORAGE FACILITY 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. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. 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. SALT SAND STORAGE FACILITY B-2 H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than ninety (90) working days. SALT SAND STORAGE FACILITY B-3 PROPOSALFORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: JANUARARY 7, 1997, 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: TOWN HIGHWAY SALT SAND STORAGE FACILITY PECONIC LANE, PECONIC, NEWYORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SALT SAND STORAGE FACILITY FURNISH AND CONSTRUCTA ONE STORY POLE BARN FOR USE ASA SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED ON THE PLANS AND SHALL HAVE A WOOD TRUSS ROOF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (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: SALT SAND STORAGE FACILITY 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 distdct or any agency or official thereof for work or service'.', p(.~rformc, d or to be p~rfc, r~od or 9oods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as [o 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. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a Salt Sand Storage Facility @ Southold Town Highway Department. Peconic Lane, Peconic, NewYork 11958 and.to include in such bid or proposal the certificate as to non--collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1969 Ch, 751, Sec. 103-d, as amended effective September 1, 1965 SALT SAND STORAGE FACILITY (Signature) 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 underthe 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 man4 power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency pdor to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) SALT SAND STORAGE FACILITY F-1 THE AMERICAN INSTITUTE OF ARCHITECTS .,',t~, Documet~t A31~ 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 (S ), 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 Oblige~ 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 Oocuments with 8ood and sufficient surety for the faithful performance el su~:h Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent el the failure of the Principal to enter such Contract and 8ire such bond or bonds, if the Principal shall pay to the Obli$~e the difference not to exceed the penalty hereof be~veen the amount specified in said bid and such larger amount for which the Obli~,ee may in 8ood faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (WitnessJ fPrinclpalJ (Seal) (Tide) (5urety) (Sea/) (Title) (Witness) AIA DOCUMENT A31e · BIO BONO · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, O.C. 2000~ 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. tn the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. SALT SAND STORAGE FACILITY G-1 T H E A M E R I C N I N S T I T U T E O F :~ R C H ~ T E C 7 AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS LtlPORTA.VT LEGAL CONSEQUE.¥CES: CO,x. TLZ TATIO.\' 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTIL~CT 5. SUBCONTtL. kCTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTIL~CTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS .~ND COMPLETION 10. PROTECTION OF PERSONS .~ND PROPERTY 1 I.INSUR.kNCE .MND BONDS 12. UNCOVERING .~ND CORRECTION OF WORK 13. MISCELL.kNEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document h~ been approved and endorsed by the :~ssocmted General Contractors of Am¢rica. A201-1987 1 INDEX Acceptance of Nonconforming Work ....... 9.6.6.9.9.3, 12.3 Acceptance of Work ......... 9.6.6, 9.8.2.9.9.3, 9. lO. i, 9103 Access to Work .................. '~.16, 6.2.i, 12.I Accident Prevention 4.2.3. 10 Acts mad Omissions . 3.2.I,3.2.2,3.3.2.3.I2.8.3.18,4.2.3,4.3.2. Agditional Cost. Claims for ....... 4.3.6, 4.3.7, 4.3.9, 6. L1.10.3 Additional Inspections mad Testing ..... 4.2.6.9.8.2. 12.2.1, 13.5 Additional Time. Claims for .......... 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE OON~CT .... 3.3.3.4,9.4.95 Aesthetic Effect 4.2:13, 4.5.1 Allowances 3.8 All-risk Insurance 11.3 I. I Applications for Payment :. 4.2.5, 7.3.7, 92.9.3, 9.-~. 95,1.9.6.3, Approvals . . 2.,~.3.33,3.5,3.10.2,3.12,4througi~312.8,3.i8.3, Arbitration -+.1 ~. 4.3.2. 4.3.4. ~.4.4.4,5, Architect 4,1 Architect. Definition of 4.1.1 Arcfiitect. Extent of Authority 2.4.312.6. -~.2, 4.3.2.4.3.6, Architec,'. Limitations of Authority m~d Responsibility 35.3, 3.12.8. Architect s Additional Services and Expenses 2.4.98.2. Architect's Administration of the Contract 4.2, 4.36, 9.92. 910. I. I35 9.8.2, 9.92, 9. I0 I. 135 Award of SuDcontracts and Other Contracts for Portions of the Work 5,2 Basic Definitions 1.1 Bidding Requirements t 1.I. 1.1.7.52.1. tl.~l Boiler and Machinery Insurance 11.3.2 Bonds, Lien 9102 Bonds, Performance and Payment 73o-L 9 I0.3, I [ .39, t l ~ 2 A201-1987 CONTRACTOR ..... 3 Conzr=c~or, Definition of 3.1, 6. Contractor's Construction Schedules 3.10,6.! ~ Contrac[or's Employees .... 3.3.2, 3.4.2, 38. l, 3.9, 3i8. Contractor's Liability Insurance 11.1 and Owner's Forces .... 2.2.6.312.5.3 1~.2.4.2.4. o I22.5 6.1.1.62.3,63.-333,-3o.-3-.9- 98.2.9.10.2.[i.5.1.2. Cutting and Patching 3,14, 6.2.0 Damages for De~ay 0.1.1.8.33.9516.97 Decisions to Withhold Certification 9.5, 9- [ ~ i I 5 Delays and Extensions of Time *.5 1. ~.3 8 1. ~ 5 8.2. insurance. Soilet and Mac~ine~ 11.3.2 INSURANCE AND BONDS ) ~ A201-1987 3 Limitations of Liability . 2.3, 3.2.1,3.51, 3.73, 3.12.8, 3.12.1 I, Limitations ot Time. General 2.2. I. 2.2.4.3.2.1.3.73, Limitations of Time. Specific ...... 2.12.2.2.1.2.~. 3.10. 3.11. LOss of Use Insurance 11.3.3 931, 9312. 93.3, 9..+.2. 9.65.9.10-~ Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 12.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owners Right to Stop the Wod( 2.3, ~.3.7 Owner's Right to Suspend the Work t43 Owners Paght to Terminate the Contract ........ 14.2 Ownership and Use of Architect's Orawings, Specifications and Other Documents 1. I. 1,1,3, 2.2.5, 5.5 Partial Occupency or Use 9.6.6.9.9, ti31I Patching, Culling and 3.14, 6.2.0 Patents, Royalties and 3,17 Payment, Applications for 42.5.92.9.3, 9 ~. Peymect. Certlflcalea for .~.2.5.4.2.% 93.3.9.4.. 95. Psyment, Failure ot 4.3.7, 95.1.3. Payment. Final 4.2.i.4.2.9.4.32.435,910.1I 1.2. Payment Bond, Performance Bond and 7 3.6~, Payments. Progress 4.3.~. 93, 90. PAYMENTS AND COMPLETION 9, Payments to Subcontractors 5~.2.951.3, 90.2. 96.3 90,~. 1138. 14.2.12 Performance Bond and Payment Bond - 36.4. Permits, Fees and Notices 2.2.3.3.7, 3 l 3, -.3.6.~, 10.22 PERSONS AND PROPERTY, PROTECTION OF 10 Potychlorin~ted Biphenyl I O. 1 Product Data and Samples, Shop Drawings 3 1 i, 3.12, 4.2.- P~ogrese and Completion 42.2. ~.5~, 8.2 Progress Paymenta 434.93, 4 A201-1987 Suspension by the Owner for Convenience 14.3 Termination by the Contractor 14.1 Termination by the Owner for Cause 5 ~ [ 14.2 TERMINATION OR SUSPENSION OF THE CONTRACT 1~ TIME 8 UNCOVERING AND CORRECTION OF WORK 12 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC OEF~NITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General. Supplementary and other Conditions). Drawings, Specifications. addenda issued prior to execution of the Contract, other documents I~ted in the Agreement and Modifications ~ssued :fflet execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (q-) a written order for a minor change in the Work issued by the .~-chitect. Unless specifically enumerated m the Agreement. the Contract Documents do not include other documents such as bidding requirements (advertisement or invtration to bid, Instructions to Bidders, sample forms, thc Contractor's bid or pomons of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents tbrm flue Contract for Constmction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations. representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind ( 1 ) betwveen the Architect and Con- tractor. (2) between the Owner and a Subcontractor or Sub- subcontractor or 13) between any persons or entities other than the Owner and Contractor. The .~chitect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work' means the construction and services required by the Contract Documents, whether completed or partially completed. ,'md includes all other Iabor, materials. eqmpmeot and services provided or to be provided by the Contractor to fulfill the Contractors obligations. The Work may constitute the '3,'hole or a part of the Project. 1.1.4 THE PROJECT The Proiect ~ the total construction of which the Work per- Formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS merit, construction systems, standards and workmanship for the Work, and performance of rct:~t-d ~crvices. 1.1.7 THE PROJECT MANUAL The Proiect Manual is the volume usually ~ssembied for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 E~(ECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in tine Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation char the Contractor has ,,'isited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.27 The inceot of the Contract Documents is co include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Do~ments are comple- mentary, and what is required by one shy be as binding as if required by all: performance by the Contractor shall be required only to the extent consistent with the Contract Docu- mencs and m-~onably inferable from them as being necessary. to produce the intended results. 1.2.4 Organization of the Specifications into divisions, secnons and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in estabilshthg 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, memumgs 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 tine 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 materml or equipment supplier shall own or claim a copytight in the Drawings, Specifications and other documents prepared by the .~'chitect. and unless otherwise indicated the Architect shall be deemed the author of them and wrll ret:un all common law. statutoO' and other reserved rights. tn addition to the copyright. All copies of them. except the Contractor's record set. shall be returned or suitably accounted ti.)r to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect. :md copies thereof furnished to the Contrac- tor. are for use Solely with respect to this Proiect. They are not to be u,sed by the Contractor or any Subcontractor. Sub- subcontractor or material or equipment supplier on other prol- ecrs or for additions to this Proiect outside the scope of the 6 A201-1987 Work without the specific written consent of the Owner and Architect. The Contractor, Sul0contmctors, Sub-subcontractors and material or equipment suppliers are granted a Limited license to use and reproduce applicable por[inus of the Draw- ings, Specifications and other doctunents prepared by the Architect appropriate to and for use Ln the execution of their Work under the Contract Documents. ,~Jl cop~es made under this Iicense shall bear the statutory copyright notice, if any, shown on the Drawing5, Specifications and other documents prepared by thc Architect. Submittal or dismbution to meet official regulatory requirements or for other purposes in con- nection with this Project i5 not to be construed as publication in derogation of the Architect's copynght or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Ten'ns capitalized in thc~e General Condkions include those which are (I) specificalD defined, (21 the cities of num- bered m:cicie_~ ~nd identified ret~:rcncc~ to Pm"~graphs, Subpara- graphs and Clauses in the document or (3) the dries of other documents published by the Arnerican institute of &rchitects. 1.5 INTEI=IPRETATION 1.5.1 In the ~nterest of Brevity the Contract Documents fre- quently omit modifying words such as "all" and ~any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appem's in another is not intended to affect the interrelation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the pers(m or cnnty idencified as such in the Agreement and is referred ~o ihroughout the Contract Documents ~ if singular in number. The ierm "Owner" means the Owner or the Owner's authorized representanve. 2.1.2 Thc Owner upon reasonable written request shall furnish [o the Contractor m writing information '~'thch is necessary and relevant 1bt the Contractor :o ev'zluate, g~ve nonce of or enforce mechanic's lien rights. Such informarinn =hall include a correct statement of the record legal title to [he property on which the Project is located, usually referred to ~ the site. and the Owner's interest therein at the m-ne of execution of the Agreement and, within five days a~er any change, intbrmarion of such change in title, recorded or unrecorded. 2.2 iNFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contrac:or, prior to execution of the Agreement and promptly from twne to twne there'after, furnmh to the Contractor reasonable evidence that financial arrangements have been made to fultfil the Owner s obliganons under the ComracL [Note: Otless sutJ2 rea~'onahie et'ideate wure j}~rnished on requext prior to the execuoon o/ 2.2.2 Tine Owner shall furnish sur~'¢ys describthg physical 2.2.3 Except for pen-nits and fees which are the responsthilitv ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in ex~snng faczlines. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness ~o avoid delay in orderly progress of the Work. the Contractor will be furnished, free of charge, such copies of 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or By Separate Contracmts), Article 9 (Payments and Completion) and Article ~ I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor finis to correct Work which is not in accordance with the requirements of the Contract Documents a.s required by P:zragmph 12.2 or persistently Dais to carry out Work in accordance with the Contract Documents, the Owner. by written order signed personally or by an agent specifically so empowered by the Owner ~n writing, may order the Contrac- tor to stop the Work. or any portion thereot, untd the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not g~ve rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or enmy, except :o the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 if the Contractor dethults or neglects to carry out the Work in accordance with the Contract Documents and falls default or neglect with diligence and prompmess, the Owner may after such seven-day period g~ve [he Contractor a second seven-day period, if thc Contractor within ~uch second aeven- day period after recmpt of such second notice fails to corn- Change Order shall be issued deducting from payments then or c~enc~es, including c{hmpensanon for the Architect s additional services and expenses m:zde necessary by such detault, neglect or Dalure. Such action by the Owner and amounts charged to ARTICLE 3 CONTRACTOR 3.1 DEFINITION A201-1987 7 3.2 REVIEW OF CONTRAC~ DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall ~lrefuJly study and compare the Contract Documents with ~'ch other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, incoflststencies or omissions discovered. The Cootractor shall not be liable to the Owner or )aThitect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowkngly faded to report it to thc Mchitect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconststency or omkssion in the Contract Documents without such notice to the Architect, the Contrac- tor shaft assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs tbr correction. 3.'&2 The Contractor shall take field measurements and verify field conditions and shad carefully compare such field mea- surements and conditions and other infi)rmation known to the Contractor with thc Contract Documents be~tk)re commencing activities, Errors, inconsistent;es or omissions discnvered shall be reported to the Architect at once. 3,2,3 The Contractor shall perform ~he Work in accordance with the Commct Documents and submittals approved put suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work. using the Contractors best skill and attention. The Contractor shall be solely responsibIe for and have control over construe- and lk)r coordinating all portions of the Work under the Con- nons concerning these matters. WARRANTY 3,5,1 The Contractor warrants to the Owner and Architect that materials and equipment 0arntshed under the Contract v-Ltl be of good quality and new unless otherwise required or permit- md by the Contract Documents, that the Work will be free from deli:ets not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming ~o these require- ments, including substitutions not properly approved and authorized, may be considered defecrive. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect. the Contractor shall I~rnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- . tractor which are legally enacted when bids are recmved or negotianons concluded, whether or not yet effecnve or merely scheduled to go into effect. 3.7 PERMITS, FEE~ AND NOTICES 3.7.1 Unless othe~qse provided in [h~ Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmen£al fees. Iicenses and inspections necessary for proper execut:on and completkm of the Work which are customarily secured after execution of the Contract and whicPl are legally required when bids are received or nego- tiations concluded. 3.7.2, The Contractor shall comply with and ewe notices required by laws. ordinances, rules, rcgulatitms and lawful orders of public authorities bearing on pertbrmance of thc Work. 3.7.3 [c is not the Contractor's responsibility to ascertain that the Contract Documents are in actor 'dance with applicable laws. statutes, ordinmqces, building codes, and rules and regula- tions. However. if the Contractor observes that portions of the shall prompdy notit},' the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Sh ~dification. 3,7.4 If the Contractor performs Work knowing it to be con- 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 by allowances shall be supplied fi)r such amounts and fly such .1 materials and equipment under an alk>wance shall bt: selected prompdy by the Owner to aw>id delay in the materials and equipment delivered at the site and all required taxes, less applicable trade discoums: 8 A201-1987 the Contract Sum shall be adjusted accordingh' 3.12.5 The Conrmc:or sh2J] review approve and submit [o [he Architect Shop gr2~-LrlgS, Produc: D212. Sampi~ and 5lfrdJ2r A201-lg87 9 not be tmreasormbiy withheld. The Contractor shall not unrea- sonably withhdid from the Owner or a separate contractor the 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project equipment, machinery and surplus materials. 3.15.2 If the Contractor f"mls to clean up as provided in the thereof shaft be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties a. nd license fees. The Contractor shall defend suits or claUns for infringement of patent rights and shall hold the Owner and Architect hanmless son to believe that the required design, process or product is an ~nfringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly flarnished to the 3.18 INDEMNIFICATION 3.18.1 To the fiallest extent permitted by law. the Contractor shall indemnifT and hold harmless the Owner, Architect, feet's consultants, and agents and employees of any of them from and against clan'ns, damages. Iosses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work. provided that such claun, dam- age. loss or expense is attributable to bodily inlury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itseifl including loss of use resulting anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such clmm. damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to neg,.re, abridge, or reduce other rights or obligatinns of indemnity which would otherwise exist a.s to a party or person described in this Paragraph 318. 3.18.2 [n clmms agmnst any person or enuty indemnitied under this Paragraph 318 by an employee of the Contractor. a or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by benefi~ payable by or tbr thc Contractor or a Subcontractor 3.18.3 The obligations of the Contractor under this Paragraph 318 shall not extend to the lianility of the Mchitect. the tect's consultants, and agents and employees of any of them arising out of(l) the prepa~uon or approval of maps, drawings, opiraons, reports, surveys. Chmlgc Otclcrs, design,s or specifica- tions, or (2) the giving of or the failure to give directions or instmcnons by the Architect. the Architect's consultants, md agents and employees of any of them provided such giving or failure to give is the primary, cause of the unjury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person law~ily licensed to practice architecture or an entity law~ily practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representanve. 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 3.rchirect. Consent shaft not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shaJl be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4. I.2 and 4.1.3 shall be subiect 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 constrx~ction, (2) until Final payment is due and (3) with the Owner's concurrence, from tn'ne to time during the correct,on period described in prom- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on beh~f 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 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 Wo~ and to determine in general if the Work is being performed in a manner indicat- ing that the Work. when completed, will be in accordmqce with the Contract Documents. However, the .krchitect will not be required to make ex.haustive or continuous on-site inspections to check quality or quannty of the Work. On the basis of on- site observations as an architect, the Arcfiitect v-ill keep the Owner informed of progress of the Work. and will endeavor to guard the Owner agmnst defects and deficiencies in the WorR. ~.2.3 The Architect will not have control over or charge of and will not be responsible for construct/on means, methods, techniques, sequences or procedures, or for safety precauuons and programs tn connection with the Work. since these are solely the Contractor's responsibility as provided in paragraph 33. The ,M-chitect will not Be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The .M-chitect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons pefformmg portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communicauons have been specially autho- r=ed, the Owner and Contractor shall endeavor to communi- cate through the Architect. Commumcadons by and with the Architect's consultants shall be through the Architect. Commu- dications by and with Subcontractors and material suppliers shall be through the Contractor. Communicathqns by and with separate contractors shall be through the Owner. 4.2.5 Based on the .axchitecr's observations and evaluations of the Contractor's Applications for payment, the Architect review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.8 The .architect will have authority to re;ect Work which does not conform to the Contact Documents. Whenever the ,M-chitect considers it necessary or advisable for implements- don of the intent of the Contract Documents, the .M'chitect will have authority to require additional inspection or tesung of the Work m accordance with Subparagraphs 13.5.2 and 13.5 3, whether or not such Work is fabricated, installed or completed. However, neither this authority or' the Archi/eta nor a decision made in good faith either to exercxse or not [o exercise such authority shall give ."~e to a duty or responsthility of the Archi- tect to the Contractor. Subcontractors, material and eqmpment suppliers, their agents or employees, or other persons perform- mg pomons of the Work. 4.2.7 Tfie Architect will review and approve or take other appropriate action upon the Contractors submittals such ms Shop Drawings, Product Data and Samples. But only li0r the limited purpose of checking for con£ormance with information given and the design concept expressed in the Contract Docu- ments. The .architect's acaon will be taken with such reason- able promptness as to cause no delay hq the Work or in the while allowing sufficient tune in the Arcfutect'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 der:uts such as dimensions and quantities, or tbr substantiating instructions for installation or performance of equipment or systems, ail of which remain the responsibility of the Contractor = required by the Contract Documents. The Architects review of the Contractors 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 mc. ms. metbod, s. techniques, sequences or procedures. The Architect s approval of a specific item shall not indicate approval ot an assembly of which the item is a component. 4.2.8 The Architect *,'iii prepare Change Orders and Construc- tion Change Directives, and ma}' authorize minor changes m the Work as provided in Paragraph - 4. 4.2.9 The Architect will conduct inspections [o determine the date or dates of Suhstamial Completion and the date of final completion, will receive and forward to the Owner for the documents required By the Contract and assembled By the Contractor. and will issue a final Certificate for ?ayment upon compliance with the requirements of the Contract Documents 4.2.10 If the Owner and Architect agree, the Architect will pro- out the Arcthtect's responsibilitms at the site. The duties, responsibilities and limitations of authority of such prolect representatives shall he as set forth in an exhibit to be incorpo- rated hq the Contract Documents. 4.2.11 The Architect will interpret and decide matters coacem- lng performance under and reqmrements of the Contract with reasonable prompmess and withm any tune lknits agreed upon. If no agreement is made concemmg the uae within which interpretauons required of the Architect shall be Mr- nished hq compliance with this Paragraph 4.2, then deny shall made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent or' and reasonably inferable from the Contract Documents and will be in writing or in the form o1 drawthgs. When making such interpretations and decmions, 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 a~ good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final it' 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 o£ thc parties seeking, as a matter of right, adjustment or interpre lotion of Contract te.,wns, payment of money, extension of tune or other relief with respect ID the ret-ms of the Contract The term 'Claim' also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- mg to the Contract. Clowns must be made by written not~ce. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 D~:ision of Amhite, ct. Claims. including those alleging an error or omission By the Mchitecr. shall be referred ininally to the Architect for action as provided in Paragraph 4.4. A deci- stoa by the Architect. a.s provided in Subparagraph 4.4.~. shall be required a.s a condition precedent to arb~trauon or litigation of a C1am between the Contractor and Owner as rD ail such matters arising prior to the date final payment is due, regardless of(l) whether such matters relate to execution and progress ot the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a ClaLm shall not Be a condition precedent ~o arbitration or litiganon in the event (1) the position of Architect is vacant. (2} the Architect has m)t received evidence or has failed rD render a decision within agreed Iime limits. (3l the Architect has failed to rake actkm required under Subparagraph 4.4.~ within 3t) days ~fter the Claim is made. {4l *5 days have passed after the Claim has been referred to the Architect or (5) the Claim relates co a mechanic s lien. 4.3.3 Time Limits on Claims. Claims bv either party must be made within 21 days after occurrence of thc event giving rise [o such Clam or within 21 days after the claimant thst recognizes after the ininal Claim has been implemented by Change Order A201-1987 11 4.3.4 Continuing Contract Perfo/Tnance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in wnung the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Clmms by the Owner except those arming from: .1 liens, Claims. security interests or encumbrances aaa- lng out of the Contract and unsettled: .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are ti) subsurface or otherwise concealed physical conditions which differ marsh* ally from those indicated in the Contract Documents or {2) unknown physical conditions of an unusual nature, which dii~ fee materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other parq: promptly before conditions are disturbed and in no event later than 2 1 days after first observance of the conditions. The.Archi- tect wdl promptly investigate such conditions and. if they differ materially and cause an increase or decreese in the Contractor's rust of, or time required for. performance of any part of the Work. will recommend an equitable ad}ustment in the Contract Sum or Contract Th-ne, or both. If the Architect determines that the conditions at the site are not matenaily different from those indicated in the Contract Documents and that no change in the terms ct the Contract is justified, the Architect shall so notil~,- the Owner and Contractor in wnnng, stating the reasons. Claims by either party in opposition to such determination mu~t be made within 21 days after the .Architect has g:ven nouce of the decision. If the Owner and Contractor cannot agree on an ad}ustment in the Contract Sum or Contract Time. the adiustment shall be referred to the Architect for initial deter- ruination, subject to further proceedings pursuant to Paragraph 4.3.? Claims for Additional Coal [f the Contractor wishes to make Claim i'br an increase in the Contract Sum. whiten notice as provided herein shall be given bell)re proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering lit~ or property arising under Para- graph I{).3. If the Contractor believes addfuonai cost ts involved fur reasons including but not limited to (1) a written mterpretaaon from the Architect. (2) an order by the Owner to stop the Work where the Contractor w~ not at fault. (3) a writ- reit order for a minor change in the Work issued by the Archi- tect. (4) thllure of payment By the Owner. (5) termmamm of the Contract by the Owner. (6) Owner's suspension or (7) other reasonable grounds. Claim shall be tiled in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an incre:~.,e in the Contract Time. written notice as provided herein shall be given. The Contracu)r's Clmm snail include an estimate of cost and of probable effect of delay nn progress of the Work. In the c~e of a continuing delay only one Claim :s necessary 4.3.8.2 If adverse weather conditions are the basis fur a Claim for addit:onai time. such Claim shall be documented by data subsmntalting that weather conditions were abnormal for the period of tune and could not have been reasonably anticipated, and that wea~er conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers ]nlury or damage to person or property because of an act or omission of tile other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury, or drainage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter, if a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be Fried as provided in Subparagraphs 4.3.7 or ~.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The .Architect will review Clmms and take ()ne or more nf the following preliminary actions within ten days of receipt of a Claim: ti) request additional suppornng data/Tom the claimant. (2) submit a schedule to the parties inculcating when the Archi- tect expects ID cake action. [3) reject the Claim in whole or in part, stating rea.sons for rejection. (4) recommend approval of the Claim by the other parW or (5) suggest a compromise. The Architect may also, but is not obligated to. notify the surety, if any, of the nature and amount of the Claim. 4.4.2 Ifa Clawn has been resolved, the Architect wril prepare or 4.4.3 If a CIaim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, cake one or more t)f the folk)wing actions: (1) submit additional supporting data requested by the Architect. (2~ modll~' the initial Claim or (3) notify the Architect that the initial Claim st:mOs. 4.4.4 If a Clmm has not been resolved atler consideration of the foregoing and of further evidence presented by the parues 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 he final and binding on the 4.5.1 Controversies and Claims Subject to Arbitration. Any 12 A201-1987 4,5.2 Rules and Notices for Arbitration, Cl;~u:ns betwee~ the Owner and Contractor not resolved under Paragraph *.4 shall, if subiect to arbitration under Subparagraph -L5 1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American ,M-bitration .kssoc~tiofl cur- rently in effect, unless the parties mutu~ly agree utherwkse Notice of demand for azbitration shall be filed in wntthg with the other part), to the Agreement between the Owner and Con- tractor and with the 3anerican Arbitration .&ssociation, and copy shall be f'fled with the Architect, 4.$.3 Contract Performance During Affiitmfion. During athl- tratinn proceedings, the Owner :md Contractor 5hall comply with Subparagraph 4.5.4 When Adaitratlon May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth da)- alter the parties have pre seated e'odence to the Architect or have been given reasonable opportum£y to do so. if the .M-chitect has not rendered a final written decisinn by that date, or {3) ma5' of the five events described in Subparagraph 4.32. 4,$.4.1 When a whiten decision or the Architect states [hat i i) the decision is final bur subiect to arbitration and 12) a demand for arbitration of a Claim covered by such decksion must bc made within 30 days after the date on which the party making the demand receives the final written decision, then fmlure to demand arbitration within said 30 days' period shall result tn the Architects decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decxsion after arbitratinn prnceeding.s have been initiated, such decision ma~ 4,5.4.2 A demand tbr arbitration shall be made within the limits specified in Subparagraphs *.5.I and 4.54 and Clause ~.54.~ as applicable, and in other cases within a reasonaNe tune after the Claim has arisen, and in no event shall it be made alter the date when institution of legal or equitable proceedings based on such Claim would be barred by the appticab< statute of limitations 0.s determined pursuant to Paragraph 13- 4.$.5 I..imilation on ¢oneolidation or Ooindet. No arbitramm arising out of or relating to the Contract Documents shall include, by consolidation or ioinder or in an?' other m:umer. the Architect, the Architects employees or consultants, except by written consent containing specific reference ~{) the Agree- ment and signed by the Arcbitect. Owner. Comractor and anv other person or entity sought to be joined. Nil arbitration shall include, by consoiidanon or iomder or in an?' other manner. parties other than the Owner. Contractor. a separate ctmtrac- rjr as described in Article 6 and other persons substantially involved in a cnmmon question of tact or law whose presence is required if complete relief is [o be accorded in arbitration. No person or entity other than the Owner. Contractor or a contractor as described in Article 6 shall be included as an orig- inal third part':' or additional third party m an arbitration wht;se ro the Agreement shall De specifically entorceable under appii- 4,5.6 Claims and Timely Assertion of Claims, A part)' who files a noace of demand for arbitration must ~sert tn the demand all Claims ;hen known to that party on which arbitra- tion is permitted to be demanded. When a party fails rd include a Clawn through oversight, inadvertence or excusable neglect. or when a Claim has matured or been acquired subsequently the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Awald. 'thc aw:ad tc~ucrcd by the arbitrator or arbitrators shall be final, and iudgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS at the site. The term "Subcontractor' is referred rd throoghout porrinn of the Work at the site. The term 'Sub-subcontractor' is referred to thrnughout the Contract Documents as if singular CONTRACTS FOR PORTIONS OF THE WORK ricable after award of the Contract. shall ~drnish tn wrmng to tabrlcated to a special designl proposed ~or each principal pot- A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5,3.1 By appropriate agreement, wmten where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be hound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner :md Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not preiudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of ail rights, remedies and redress agmnst the Contractor that the Contractor, by the Contract Do~ments, has agmnst the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of thc Subcontractor, identify, to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Suh-subcommctors. 6.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of thc Work is assigned by the Contractor to the Owner provided that: .1 assignment Is effective only after termxnation of the Contract by {he Owner for cause pursuant to Para- graph 1,~.2 and only tbr those subcontract agreements which the Owner accepts hy notifying the Subcon- tractor in writing; :md .2 assignment is subiect to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 if the Work has been suspended for more than 30 days. the Subconrractor's compensation shall be equitably adiusted. ARTICLE 6 CONSTRUCTION BY OWNER Off BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related ~o the Project v, ith the Owner's own forces. and ~o award separate contracts in connectkm with other por tions of the Proiect or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those pomons related to insurance and waiver of subrogation. If thc Contractor c'laims 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 Pro)ret or other constructkm or operations on the site. the term "Contractor" in the Contract INx:uments ~n each c~e shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing then- construction sched- ules when directed to do so. The Contractor shall make any revLsiom to the construction schedule :md Contract Sum deemed necessary, ~'ter a joint review and mutual agreement. The construction schedules shall then constitute the schedules to he used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless othe~vis¢ provided in the Contract Documents, when the Owner performs construcnon or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others. those stated in Article 3, this Article 6 and Articles I0, Il 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 eqmpment :md performance of then' activi- ties and shall connect and coordinate the Contractor's con- strucdon and operations with theirs as required by the Contract Documents. 6.2.2 [f 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 thc Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execuuon and results. Fakure of the Contractor so to repor~ shak 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 :ts to defects not then reasonably discoverable. 6.2.11 Costs caused by deLays or by improperly timed activities or defective construction shall be borne by the party responst- blt 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 prope,qy of the Owner or separate contractors a~ provided in Subparagraph 10.2.5. 6.2.5 Clawns and other disputes and matters in question between the Contractor and a separate contractor shall be sub- lect to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations smme responsibilities for cutting :md patching as are described 6.3 OWNER'S RIGHT TO CLEAN UP 6,3.1 If a dispute arises among the Contractor. separate con- tractors :md the Owner as to Iht responsibility under their respective contracts for mmntaming the premises and surround- ing area free from waste materials and rubbish ss described in Paragraph 3. [ 5, the Owner may clean up and allocate the cost among those responsible as the Architect determines io he just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work re.ay be accomplished a~er execu~ 7.1.2 A Change Order shall be b~ed upon agreement among minor change in the Work may be issued by the Mchitect 7,1.3 Changes in the Work shall be performed under appli- subsequently agreed upon, and if quantities originally con- [empiated ace so changed in a proposed Change Order or Con- equitably adjusted. 7.2 CHANGE ORDERS .2 the amount of the adjustment in the Comract Sum. if any; and Sum may include those listed in Subparagraph -.3.3, pared by the Architect and signed by the Owner and Architect. adjustment to the Contract Sum. thc adiustmcnt shall be based .1 mutual acceptance of a lump sum propedy itemized and supported by sufficient ~uhstantiating data to per sequendy agreed upon: .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fLxed or percent- age fee: or .4. as provided in Suhparagraph 7.36. 7.3.4, Upon receipt of a Constmctinn Change Directive, the Contractor shall promptly proceed with the change ua the Work involved and adv~.c the Architcc~ of fi'm Contr:tcror'$ agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.$ A Construcnon Change Direcnve signed by the Contrac toe indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effcc live immediately and shall be recorded as a Change Order 1.3.8 [f the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, thc method and the adjustment shall be determined by the .~rchi tect ton the basis of reasonable expenditures and savings oi those pertbrming the Work attributable to the change, includ- ing, in case of an increase m the Contract Sum. a reasonable allowance Iht overhead and profit. In such case. and also under Clause - 3.3.3, the Contractor shall keep and present, in such form as the ,~-chitect may prescribe, an itemized accounting together with approprmte supporting data. Unless otherwise provided in the Contract Documents. costs for the purposes ot thks Subparagraph -3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe henetits required agreement or custom, and workers' or workmen's ct~mpensat:on insurance; .2 costs of materials, supplies and equipment, includ inn cost of transportauon, whether incorpotated or .3 rental costs of machinery and equipment, exclusive of .4 custs of premiums for all bond~ and insurance, perm,t Work: and .5 additional costs ofsupeP,~s~on and field office person- ncl directly attributable to the change 7.3.7 Pending final determinanon of cost [o the Owner. amounts not in dispute may be included in Applications ~or Payment. Thc ;u-nount of credit to be allowed by the Contrac toe to the Owner for a deletion or change which results in a net firmed by the ArchitecL When both a~ditions and cee<irs ch~ge, the allowance for overhead and profit shall be figured 7.3.8 [f thc Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining ~[. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Archi£ect will have authority to order minor changes orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided. Contract Time it the period of tLme. ~cluding authorized adfustments, allotted in the Con- tract Documents fi}r Substantial Completion of thc Work, 8.1.2 The ~te off commencement of the Work is the ~srablishcd in rh~ Agreem~m. The ~te sh~l no~ b~ postponed R)r whom the Contractor is responsible. 8.1.3 Thc date of 5ubsmmali Completion is thc ~tc cemfi~d by tbe Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" ~ used in the Contract Documcms ~h~l m~ c~¢n~r ~y unless othe~me specifically 8.2 PROGRESS AND COMPL~ION 8.2.1 Time limits stated in the Commcr Documents are of thc R)r petE>truing thc Work. 8.2.2 The Contractor sh~l nor knowtn~y ¢xccp[ by agree menr or instruction of thc Owner in writ/nv, premarurdy ct;m- dam of in~umnce required by Article l I to Dc ~rnished by th~ b~ ch~gcd by the effective date of such insurance. Unless rim ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and. incluc- lng authorized ad}ustments, is the total amount payable by Owner to the Contractor tbr pcrlbtmance ~?~' ~Jle Work uncle.-' the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before thc first Application for Payment, the Contractor shall submit to the Arctlitect a schedule of values allocated to various poP:ions of the Work. prepared in such form and ported by such data to substantiate its accuracy ~ the &,-chitee: may require. This schedule, unless objected to by the .&rchitec:. shall be used as a basis for revtewing the Contractor's Applica- 9.3 APPI.ICATIONS FOR PAYMENT 9.3.1 At le~t ten days before thc date established for progress payment, the Contractor shall submit to the Architect an itemized Application R)r Payment for operamms completed in accordance with the schedule of values. Such application shall be notarized, if required, mad supporter1 by such data aubstantiating the Contractor's right tn payment .ts ibc Owner Subcontractors and materml suppliers, and reflecting remmage if provided fi)r elsewhere in the Contract Documems, 9.3.1.1 S~ch applications ma}' include requests for payment on account o( changes :n the Work which have heen properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Sucrt applications may not include ~equests Ear pay- 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount ~ the .M'chitect determines is properly due. or notify the Contractor and Owner in Wrlting of the Architect's reasons for withholding cemfication in whole or in par~ as provided in Subparagraph 95.1 9.4.2 The issuance of a Certificate tbr Payment will constitute a representation by the Architect to the Owner. based on the .Architect's observations at the site and the data comprising the Application tbr Payment, that the Work has progressed to the point indicateo and that, to the best of the Architect's knowl- edge. information and belief, quality of the Work m in accor- dance with the Contract Documents. The foregoing representa- tions are subiect to an evaluation of the Work for conformance with the Contract Documents upon Substannal Completion, to results of subsequent tests and inspections, to minor deviations from the Commct Documents correctable prior to completion and to specific qualifications expressed by the .~rchitect. Thc issuance of a Cemficatc for Payment will further constitute a representation that the Contractor ~s entitled to payment in cbc amount certified. However, the issuance of a Certificate for Pay- meat will not be a representation that [he :~rchitect has made e.xhausnve or connnuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures. reviewed copies of reqmsitions recewed from Subcontrac=ors and material suppliers and other data requested by the Owner to substantiate the Contractors right to payment or (4} made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Comract Sum. 9.5 DECk, IONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certifT payment and may withhold a Certificate for Payment in *,,hole t~r in part. :o Architect s opinion the representations m thc Owner required by Subparagraph 9.~.2 cannot be made. If thc Architect is unable co certify payment in the amount of the Application, thc Architect will notil5' the Contractor and Owner ~ provided in Subparagraph 9.~.I ff the Contractor and .~chitect cannot agree on a revised amount, the Architect will promptly issue a .2 third party claims filed or reasonable evinence indicat- ing probable filing of such claims: equipment: 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.9 PROGRESS PAYMENT~ 9.6.1 After the .Architect hms issued a Certificate lbr Pa':ment, the Owner shall make paymem in the re;tuner and wit fun the 9.6.2 The Contractor shall promptly pay each Subcontractor, lion of the Work. ~e amount to which smd Subcontractor is of the Work. The Contractor shall, by appropriate agreement 9.6.$ The Architect will. on request, furnish ro a Subcontrac pletion or amounts applied for by the Contractor and action 9.6.4 Neither the Owner nor Architect shall have an obligation 9.6.6 Payment Io material suppliers shall be treated in a manner sLmfiar ro rhar provided in Subparagraphs 9.62.9 (5.~ and 9.0- 9.6.6 A Certificate for Payment, a progress payment, or partial or ennre use or occupancy of the Proiect by the Owner shall 9,7 FAILURE OF PAYMENT 9,7.1 [f the Architect does not issue a Certificate ~br Payment. through no fault of the Contractor, within seven days after receipt of the Contractor s Application tbr Payment, or if the date established in the Contract Documents the amount cer- titled by the Architect or awarded by arbitration, then the Con Owner and Architect. stop the Work until payment of thc amount owing has been received. The Contract Time shall be extended appropriately and thc Contract Sum shall bc shut-down, delay and start-up, which shall be accomplished a.s provided in Article - 9,6 sur~STANTIAL COMPLETION 9,6.1 Substantial Completion is the stage in the progress or Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents 9.8.2 When the Contractor considers that thc Work. or a substantially complete, thc Contractor shall prepare and submit A201-1987 17 hated portion thereof is substanually complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents. the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantml Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion. shall establish responsibilities of the Owner and Contractor for securiw, maintenance, heat, udiities. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Com~ple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their wHrten accep- tance of responsibilities assigned to them in such Certificate. 9.97l Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect. the Owner shall mare payment, reflecting adjustment th retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tiaily completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 l and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion ~5 substantially complete, provided the Owner and Contractor have accepted in wdting the responsibilities assigned to each of them for payments, remmage if any, secu- rity, mmmenance, hear, udiities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cot- 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- 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 conditinn of the Work. 9.9.'1 Unless other'wtse agreed upon. partial occupancy or use of a poruon 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 F~NAL PAYMENT 9.10.1 Updn receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment. the Architect will promptly mare such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract f~lly per- formed, the Architect will promptly issue a Final Cemficate for Payment stating that to the best of the Architect's knowledge, information and belle£ and on the basis of the Architect's observations and inspections, the Work has been completed ~n accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said Final Certificate ks due m~d payable. The Architect's ~ Certificate for Payment will constitute a fiarther representation that conditions listed in Subparagraph 9. i0.2 as precedent to the Contractor's Being entitled to final payment have been f'dlfllled. 9.10.2 Neither final payment nor any remaining retained percentage shall Become due until the Contractor submits to the .M'chitect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner} have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required By the Contract Documents to remmn in force a~er 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 g~ven to the Owner, (3) a written statement that the Contractor knows of no substantial rea. son that the insurm~ce 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 a.s receipts, releases and waivers of lieus, claims, security interests or encumbrances arising out of the Contract, to the extent mad in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to Mmish a release or wmver required by the Owner. the Contractor may Mmish a bond satisfactory to the Owner to indemdify the Owner against such lien. {f such lien remains unsatisiled 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 :md reasonable attorneys' fees. 9.10.:3 IL after Substantial Completion of the Work. final com- pletion thereof is materially delayed through no radii 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 certiHcation by the Architect, and without terminating the Contract, make payment of the Balance due for that portion of the Work f~lly completed and accepted. If the remaining balance for Work not tidily 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 ~ully 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 condinons governing final payment, except that it shall not constitute a wa;ver of c 'lmms. The mai<inn of final payment shall paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or material supplier shall constitute a waiver ot drams by that payee except those previously made in writing and idenufied By that payee as unsettled at the time of final Application for Payment. Such wmvers shall be in addition to the waiver described in Sulpparagraph 4,3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAPEr¥ PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for ininating, mmn- taming and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site marerral reasonably believed to be asbestos or polychtorinated biphenyl (PCB) which bas not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or pdiychlonnated biphenyl (PCB/ and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- dated biphenyl (PCB), or when it has been rendered harmless. by written agreement of the Owner and Contractor. or in accordance with final determination by the Architect on which arbitratkm has not been demanded, or by arbitration under Article 4. 10.1,3 The Contractor shall flor be required pursuant to Article 7 to pertbrm without consent any Work relating to asbestos or pdiychinrinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law. the Owner shall indemnify and hold harmless the Contractor. Architect. Archi- rect's consultants and agents and empinyees of any of them from and agmnst claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising ()ut of or resulting from performance of the Work in the affected area if in fact [he material is asbestos or polychlorinated bipheny{ (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily iniury, sickness, disease or death, or to inlury to or destruction of tangible property {other than the Work itse!/) including loss of use resulting therefrom, but only to the extent caused in whole or in part by indirectly employed by the Owner or anyone for whose acts ihe 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 dghts or obligations of described in this Subparagraph I0 1..~. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take rea.sonable precaunons tbr safety of, and shall provide re-asonable protecuon to prevent damage, inlury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and eqmpment to be incorpo- rated therein, whether in storage on or off the site, .3 other proper~y at the site or adjacent thereto, such ~ 10.2.2 The Contractor shaft give notices and comply with applicable laws. ordinances, rules, regulations and lawful orde~ of public atuborliies bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by e.xJsting conditions and pertk, rmance of the Contract, reason- able safeguards for safely and protection, including posting qualified personnel. 10,12,$ The Contractor shall promptly remedy damage and koss Clauses 10.2.i.2 and 10.2.1.3 caused in whole or in part by the directly or indirectly employed by any of them, or by anyone is responsible under Clauses 10.2.1.2 and II).2.13, except 10.2,6 The Contractor shall designate a responsible member or 10.3 EMERGENCIES of an emergency shall be determined ~ provided in Paragraph q.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCI~ 11.1.1 Thc Contractor sh~I purchase from and mmntmn m a the jurisdiction in which the Project is located such insurance as w,II protect the Contractor from claims set forth below which under thc 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 tndirecdy employed by liable: disaDflliy benefit and other similar employee benefit acts w~ch are applicable rd mc Work rd De performed: A201-1987 19 .2 clauns for dnmages because of bodily inlury, occupa- tional sickness or disease, or death of the Contractors employees: .,3 claims for damages because of bodily inlury, sickness or disease, or death of any person other them the Con- tractor's employees: .4 claims tbr dranages insured by u~ual personal iniurv. liability coverage which are sustmned {l) by a person as a result of an offense directly or indirectly related to employment of such person by the ContracTor. or 12) .$ cD. ims for dm-nages, other than to the Work itself. because of inlury to or destruction of mngthle prop- erty, including loss of use resulting theret¥om; .8 claWns for damages became of bodily injury, death of 318. 11.1.') The insurance required by Subparagraph I l. 1.1 shxll Be v,,-ritmn tbr not less than limits of liability specified in the Con- 11.1.,3 Certificates of Insurance acceptable to the Owner sh"Al for Payment as required by Subparagraph 910.2. [nfom~anun Comractor s information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible t'or purchasing and maintaining the Owner's u~ual liability insurance. Option~y. R)r purchasing and malntalmng thks optional Owners Iiahflity 11.3 PROPERTY INSURANCE 11.3.1 L'nlcss otherwise provided, the Owner shall purcha.sc other them the Owner has :m insurable interest in the property required by thLS P~agraph 11.3 to be covered, whichever is Work. 11.3.1.1 Prope.~y insurance shall be on an all-risk policy form and shall insure agmnst the perils of Cu'e and extended coverage coverage, theft, ',-and.~.lism. malicious mischief, collapse, false- demolition occ:.sioned by enforcement of any applicable legal 11.,3.1.2 [f the Owner docs not intend to purchase such prop- 11.3.1.3 If the properry insurance requires mimmum deducti- 20 A201-1987 11.3.5 If dunng the Project construction period the Owner insures properties, real or personal or both, adiothing or adia- cent to the site by property insurance under policies separate from those ~nsuring the Proiect, or if after final payment prop- erty insurance is to be provided on the completed Proiect through a policy or policies other than those insuring the Proi- ecl during the construction period, the Owner sbml waive ail rights in accordance with the terms of Subparagraph 1 13.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11,3.6 Before an exposure to loss may occur, the Owner shall fide with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph i 1.3. Each policy shall conram all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy w~ll not be cancelled or allowed to expire until at [e-&st 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waiv®rs of Subrogation. The Owner and Contractor wave ail rights agmnst Ct) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consulta.qts, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, tbr 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 appropnate. shall require of the Architect. Architect's consultants, separate contractors described in ?~rticle 6. if any, and the subcontrac tots, sub-subcontractors, agents and employees of any of them. by appropriate agreements, written where legally required thc validity, similar waivers each in lhvor of other parties enum- erated herein. The policies shall provide such waivers of suPro- gatioo by endorsement or otherwise. A waiver of subroganon 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 msurance premium directly or indirectly, and whether or not thc person or enntv had an insurable interest in the property damaged. 11.3.8 3. loss insured under Owner's property insurance shall be adjusted by thc 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 [ [.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceed.s received by the Contractor, and by appropdate 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 :is fiduciary shall, upon occurrence of an insured loss, give bond tbr proper performance of the Owner's duties. The cost of required bonds shall be charged agmnst proceeds received as fiduciary. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distrthute in decor dance with such :igreement as the parties in interest may reach, or ~tt accordance with an arbitration award in which Case the procedure shall be as provided in Paragraph 4.5 If after such loss no other special agreement is made. replacement of dam- aged property shall be covered by appropr:ate Change Order 11.3.10 The Owner as fiduciary shall have power to ~.dju~t and settle a loss with insurers unless one of the parties ~n ~nterest shall object in wrltmg widiin five d~ys a~ter occurrence of loss to the Owners exercise of this power: ff such objection be made, arbitrators shall be chosen as provided in Paragraph The Owner as fiduciary shall, in that case. make settlement with insurers in accordance with directions of such arbitrators, if 11.3.'tl Partial occupancy or use in accordance with paragrapi~ Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shnll. 11,4 PERFORMANCE BONO AND PAYMENT BOND 11.4,1 The Owner shall have the hght :o require the Content tot to furnish bonds covenng faithful performance of the Con- idled in bidding teqmrements or spe~fic~y required in the 11.4.2 Upon the request of any person or cnnty appeanng be a potential beneficiary of bonds coveang payment of obliga- tions ansmg under the Contract, the Contractor shall promptly furnksh a copy of thc bonds or shall pe,.~m, it a copy to be made ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1,1 If a poruon of thc Work ~s covered contraT to the Arcfutect's request or to requirements specifically expressed in the Contract Documents, it must. if required in wntmg by the 12,1,2 If a pornon of the Work bus bcmcn covered which the A201-1987 21 for commencement of warrfinties established under Sub- paragraph 9.9.1, or by terms of an applicable special r, eatran~ required by the Contract Docuraents, any of the Work is found to he not in accordance with the requirements of the Contract Documents. the Contractor shaft correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shaft be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Suhstan- tml Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tmace of the Work under the Contract and termination of the Contract. The Owner shaii give such notice promptly a~ter eLis- cover),, of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which ate not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it Lq accor- dance with Pm'agraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a re'ason- able tlroe fixed by written notice from the Architect, the Owner may remove it and store the salvable materw, ls or eqmpmem at the Contractor's expense. If the Commctor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice se{l such materials and equipment st auction or at pnvate sale mad shall account for the proceeds thereoL after deducting costs and drainages that should have been borne by the Con- tractor, including compensation for the .~'chitect's services and expenses made necessary thereby. £f such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or there'.filer due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2,5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correcnon or removal of Work which is not in accordance with the requirements of the Con- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time pehod of one ye-ar 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 t.~e Omc within which the obiiganon to comply with the Contract Documents may be sought to he enforced. nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements Of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as approprmte and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING !-AW 13.1.1 The Contract shall be governed by the law of the ptace where the Prelect is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respec-aveiy bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to pacmers, successors. assigns and legal representatives of such other PatU' in respect to covenants, agreements and obligations contsmed in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without Whiten consent of the other. If either party attempts to mare such an assignment without such consent, that party shall nevertheless remain legally responsible fi}r ali obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Wrinen nonce shall be deemed to have been duly served if delivered in person to the Lqdividual or a member of the firm or entity or to an officer of the corporation for w'hic~l it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4.1 Duties and obligations imposed by the Contract Docu- ments and nghts and remedies available thereunder shaft be in addition to and not a limitation of duties, obligations, rights and remedies otherwise Lmposed or available by ~aw. 13.4.2 No action or failure to act by the Oxt.~er..~rchitect or Contractor shall constitute a waiver of anght or duty afforded them under the Contract. nor shall such action or ?~Liure 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 re'ne. 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 appropnate public authority, and shall bear ail related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- approvals which do not become requiremem5 until after bids 13.5.2 If the Architect. Owner or public authorines having jurisdiction determine that poruons of the \V, lrk require addi- tional testing, inspection or approval not inc*.uded under Sub- paragraph 13.5.1. the Architect will. upon win:eh authorization fl)r such additional testing, inspection or approval by an entity acceptable to the Owner. and the Contractor shall give timely 22 A201-1987 The Owner sha~ bear such costs except as provided in Sul~- paragraph 15.5.5. 13.5.3 [f such procedures for testing, mspecuon or approval under Subparagraphs 13.5.I and 13.5.2 reveal fa.flum of tile portions of the Work to comply with requirements estab[ished by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approv~ shall, unless otherwise required by the Contract Documents, be secured by the Contractor and prompdy delivered to the Architect. 13.5.S If the Architect ~s to obse~e tests, mspectmns or approvals required by the Contract Documents. the Architect will do so promptly and, where practicable, at the normal place of testing. 13,5,6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unre0.sonabte delay in the Work. 13.6 INTEREST 13.$.1 Payments due and unpmd under the Contract Docu- ments shall bern: interest from the dam payment ~s due at such rate as thc parties may agree upon ~n writing or. ~n the absence thereof, at the legal rate prevading from time ro time at the place where the Project is [ocated.. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 ,~s between the Owner and Contractor: .1 Before Substantial Completion..~ to acts or fmlures to act occurring prior [o the relevant date of Substan- tial Completion. any applicable statute of limi£arinns ,2 Between Substantial Completion and Final Certifi- ART1CLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate me Contract if the ~'ork ity having jurisdiction: Payment and h=5 not notifie~ me Contractor of ne Subparagraph 9-~.1, or Bemuse the Owner has not .4 if repeated suspensior~, deiays or inte:-rupuons by the Owner ~ described in Para_m-apb i4.3 constitute in any 365-day period, whichever ~s iess; or evidence as required by Subparagraph 2.2.1 damages. Owner h~ persistently foaled ro ~lfill an~ Owners obligantms as provided in Subparagraph 14.1.2. .1 persL~tently or repeatedly re~cs or fails ct) suppiv A201-1987 23 tlfv. such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' wthten notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site :md of ali materials, equip- ment, tools, and con.smaction equipment and machin- erT thereon owned by the Contractor; .2 accept assignment of subcommcts pursuant to Para- graph 5.4; and .a Finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the rea.sons stated in Subparagraph 14.2.1, the Contractor sha~ not be entitled to receive further payment until the Work is finished. 14.2.4 if the unpaid balance of the Contract Sum exceed~ costs of Finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be prod to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be prod to the Contractor or Owner, as the case may be, shall be certified by the Arcfiitec:, upon appli- cation, and this obligation for payment shall sutwlve termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in part for such period of time as the Owner may determine. 14.3.2 ,am. adjustment shall be made for increases in the cost of performance of the Contract. including profit on the increased pended, delayed or interrupted by mother cause tbr ..2 that an equitable adjustment is made or denied under 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any pa~ugl~ph, 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. SALT SAND STORAGE FACILITY H-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independont Co;~tractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $ 1,000,000 Ag§legate, I:'~oducts at~d L:o:~,pleted Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SALT SAND STORAGE FACILITY H-2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document. A3'1'1 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 (5 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present~. WHEREAS, Contractor has by' written ag?eement 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 PERFORMANCE BOND NOW THEREFORE, THE CONC)ITION OF THIS OIBLJCATION ~S such thai, iF Contractor shah ~romody and !a~thFui[v perform said Contract, Ihen this obligation shall be null and void; o~herwise ,~ shalt remain ,n ~u[[ iorce and effect and conditions, or 21 Obtain a bid or bids for completing the Contract in termination by Surety of the Jowest resoonsible bidder, Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and though there should be a deiauit or a succession ot de/auits under Ihe contract or con:racts of completion arranged under this paragraph} suriicTen[ Funds [o pay :he cost o( con~:dction [ess ~he balance oF (he Contrac~ price: but no/ exceeding, mc!uding olher cosls and damages set forth in the i~rs~ para~raoh hereo( The term 'balance Signed and sealed this day of ~9 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Oocument A3'il Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: ,'hat as Principal, hereinafter called Principal, and, as Surety, hereinafter called Surety, are held and ~', rrmy bound unto as Obligee, hereinafter called Owner, for the use and benefit of claimants as here~nbelow defined, in the amount of for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for in accordance with [Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 3 LABC,,X AND MATERIAL PAYMEi,4F BOND 1. A claimant is defined as one havin§ a d~ect con- tract wi~h Ihe 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 Ia inc!ude ~hat parl water, gas, power, Ii§hr, heat, oil, §asoline. letephone sen4ce or rental of equipment directly applicable to Con~ract. 2. The above named Prmclpat and Surely hereby )oindy and severally agree wdh Ihe Owner ~hat every claimant as herein defined, who has not been paid in full before the expiration of a period of nmeIy days after Ihe date on which the last of stJch claimant's work or labor was done or performed, or rnatenals were furnished by such claimant, may sue on ~his bond for the use of such claimant, prosecute the su~t to final judgment for such sum or sums as may be jusdv due claimant, and have execution thereon The Owner shail not be liable for the payment of any cosls or expenses of any such suit. 3. No surt or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct days after such claimant did or performed the last of accurac'/ ~he ar'noun[ claimed and the name of Ihe party shah be served by mailing the same by registered mail bodied in this bond is proh~b~Ied by any law controlling 4. The amount of this bond shall be reduced by and to :ne extent of any payment or pavmems made ]n ~oad faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be flied of record against said ,mprovement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day oi 19 4 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: (hereinafter called the Principal) Corporation with an office and place of , New Yu k, (helemafter called the Su dy), 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 SALT SAND STORAGE FACILITY J-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that 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 ail manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, biles, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its .. this day of ,19 Attest: Principal: SALT SAND STORAGE FACILITY K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SALT SAND STORAGE FACILITY at SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEWYORK 11958 SALT SAND STORAGE FACILITY L-1 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicrm+ lC:' employment because of race, creed, Color, or national oligilh c,~,u v~iil r~K~ affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. SALT SAND STORAGE FACILITY 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 ascertai~ co~nptiance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). SALT SAND STORAGE FACILITY M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of tile "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 shatl forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or 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 periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): SALT SAND STORAGE FACILITY 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 subcohtract 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 USC. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. SALT SAND STORAGE FACILITY N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) m every subcontract or purchase order unless exempted by rules, rogulatioi~s, 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 noncomplianr;e: Provided. however, that in the event the contractor becomes involved in, or is threatened w~tn, 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 REGULATI_QNS_ EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Re(~uired Information (a) Requirements for prime contractoi's and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission. and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency orthe 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 mofions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director. agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, 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. SALT SAND STORAGE FACILITY 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 pdme contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment 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 shal[ 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, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. SALT SAND STORAGE FACILITY N-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shatl 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 su pplementad 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 ofthe 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, re 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. SALT SAND STORAGE FACILITY N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipie~t will comi;ly 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 Depar'l~nent of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. SALT SAND STORAGE FACILITY N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not tess 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 th~ 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 (a) 220-e which requires provisions by which the contractor with the State or municipality agrees: That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; SALT SAND STORAGE FACILITY N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid previsions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and behveen the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. SALT SAND STORAGE FACILITY N-8 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010- SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work covers the consb uction of a new One Story "Pole Barn" Salt Sand Storage Facility located at the Southold Town Highway Department, Peconic Lane, Peconic, New York, in full accordance with the contract documents. The approximate size of the structure is 55'-6" long x 34'-0" wide with an entry vestibule that is 21 '-6" wide x 6'-8" deep. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of work. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: a. All related building permits. END OF SECTION SALT SAND STORAGE FACILITY 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 2. 3. 4. 5. Applicable codes or ordinances of local governing agencies. National Fire Protection Association (NFPA) Underwriters Laboratories, Inc. (UL) National Electric Code (NEC) New York Building Code .02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION SALT SAND STORAGE FACILITY 1080-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION SALT SAND STORAGE FACILITY 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect, B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent ~roduct for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. BiddedContractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. SALT SAND STORAGE FACILITY 1600-1 Substitutions which require a substantial revision of the Contract Documents will not be considered. 1.05 The Contractor shatl be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION SALT SAND STORAGE FACILITY 1600-2 DIVISION TWO - SlTEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part I - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 4. Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 STRIPPING: A, Stockpile all excavated asphalt, sand & gravel in designated or approved location. All remaining stockpiled material at the end of the project will be the responsibility of the Town of Southold. B. Footing excavations shall be set to a depth as required to accomodate finish floor elevations as selected by the Architect in the field at the time of construction. 3.03 DISPOSAL: A. Burning of material on the site will not be permitted. B. Removal: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. C. Dumping: 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION SALT SAND STORAGE FACILITY 2100-1 Section 2200 - EARTHWORK Limit of work under this contract shall include all area within 25' of the proposed building. Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material to be replace with controlled fill material. 2'. Backfilling and compaction of footing excavations with controlled file material. 3. Backfilling and compaction of floor area with controlled fill material to achieve required floor elevation. B. Related Work Specified Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soil~ for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. SALT SAND STORAGE FACILITY 2200-1 Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. Building Slabs and Paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Around excavated footings, use satisfactory excavated or borrow material. 2. Under Building Paved Areas, use satisfactory borrow material. SALT SAND STORAGE FACILITY 2200-2 3.04 3.05 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of, by the Contractor at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION SALT SAND STORAGE FACILITY 2200-3 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 ~ GENERAL 1.01 1.02 DESCRIPTION: A. Provide all concrete work as shown. QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACI 318 "Building Code Requirements for Reinforced Concrete". Part 2 ~ PRODUCTS 2.01 2.02 FORM MATERIALS: A. Forms for Concrete Footings: Form concrete surfaces with plywood, lumber, metal or other acceptable material. CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air-Entraining Admixture: ANSI/ASTM 260. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied to concrete footings until such loads can be supported by structure framing. Construct form-work such that wood column members are correctly placed in alignment and elevation. B. Design form-work to be readily removable without impact, shock or damage. SALT SAND STORAGE FACILITY 3000-1 DIVISION SIX - WOOD AND PLASTIC All work in this division shall comply with all particulars of the General Conditions, Supplementary General Conditions & the General Requirements of these Specifications Section 6100 - ROUGH CARPENTRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 5. 6. 7. Wood Columns. Wood Trusses. All miscellaneous framing, purlins, horizontal girts, wood plates, blocking, back-up, etc. Roof sheathing and building papers, T-111 Plywood Siding. Pressure treated interior liner. All fasteners, nails and rough hardware. 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Plywood shall bear trademark of the American Plywood Association (APA), showing type, grade, class, identification index, and inspection agency mark. 2. Lumber shall be grade stamped by mill showing grading agency, mill, lumber grade, species, grading rules and seasoning. D. Requirements for Regulatory Agencies: 1. Preservative treated lumber: American Wood Preservers Bureau Standards. 1.03 PRODUCT DELIVERY, STORAGE & HANDLING: A. Store materials in an area protected from weather, elevated a minimum of six (6") inches above the ground or floor. Seasoned materials shall not be stored in wet or damp portions of the construction site. B. Protect corners of all sheet materials. SALT SAND STORAGE FACILITY 6100-1 Part 2- PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on the drawings. Dimensions are nominal, actual sizes shall conform to the American Lumber Standards, Latest Edition. All lumber shall be kiln-dried to 15 percent maximum moisture content and be finished four side (S4S). 2. Framing lumber, Girts, Purlins, Blocking, Furring and Nailers shall be grade No.2, Southern Yellow Pine. B. Plywood: 1. Roof Sheathing: Standard with exterior glue, 5/8 -inch thick, APA approved. 2. T-111 Siding: Standard with exterior glue, 5/8 -inch thick, APA approved. C. Roofing paper shall be asphalt-saturated felt: ASTM D226-81, 15 lb. non- perforated. Part 3 - Execution 3.01 INSTALLATION: A. All work shall be perfor'med by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring., back-up, etc. as shown on the drawings, called for in the specifications or as necessary for the proper installation of any item or trim and constructed as appropriate for intended use. C. Nailing and Fastening shall be as indicated on the drawings, called for in the Code or as required to provide secure, rigid, sturdy construction in accordance with quality construction techniques and good trade practice. END OF SECTION SALT SAND STORAGE FACILITY 6100-2 Section 7500 - ASPHALT ROOFING Par[ 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The roofing contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2- PRODUCTS- NOT USED Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on the drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work shall be as required and indicated on the drawings and in accordance with the roof manufacturers printed specifications. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction, Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION SALT SAND STORAGE FACILITY 7500-1 DIVISION NINE- FINISHES All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood %111 Siding c. All wood fascia, trim & corner boards 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 2. PPG (Pittsburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2- PRODUCTS 2.01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as otherwise specified. Paint products shall be those of one manufacturer, premixed, ready for application. Do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. SALT SAND STORAGE FACILITY 9900-1 2.02 2.04 EXTERIOR PAINTING: A. Galvanized Metal Wall Louvers: 1 Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Speed enamel C. T-111 Plywood siding & Wood Trim 1 Coat - Glidden Spread Prime Coat 3651 2 Coats - Glidden Spread House Paint 3600 Series OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of exterior paint, the Architect shall determine the type paint necessary, with not less than two field coats required in any such instance. END OF SECTION SALT SAND STORAGE FACILITY 9900-2 LOCATI(~N MAP Long Island Superwsor · Jean w. Cochran .w, co. fl: Alice J. Hussie Town Clerk INDEX TO DRAWINGS: T-1 TITLE SHEET Joseph L. Towns.end, Jr. sv- sIxt V ^N A-1 FOUNDATION & Ruth D. Oliva ROOF PLAN Louisa P. Evans A-2 WALL SE CTIONS William D. Moore ^-3 Judith T. Terry Superintendent of Highways Raymond L. Jacobs A-4 DETAILS ELEVATIONS & DETAILS $OOTHOLD TOWN SALTSz~q~rD SfTorOtheR~GE FACILITY TITLE SHEET ENGINEERING DEPARTMENT $OUTHOLD O m-1 PECONIC LANE PECONIC, N.Y. PECONI¢ LANE, PECONIC, NEW YORK 11958 qoq '1-1 L~DIN~ DIFI~,R~M 4-50 ..qRLf ~ANO 'fi'OF.. , '~0. ALL ~., d ~'.o~ 0/--, De.-rmL -- ~+ Com'INLI~U~ ~:,~ COLUFIN. ' CC.P~ PRE<~$[.[IK,S 1"t~/tl'6D No, I OENf:~, GR 5OU'I'HP...KN PINE, r 2 COL, Ur'IN 111 &~rl~ L 6 ~R ADDI'rloN~L ND'rP_.,5 4,1= ~','r',oN ~R ~ D D r'r i ,",.N ,c,, L. b,IA LC ~'x~r ~-ONTI N LJOLJ~ l,,,[ ALL .~gd_.,~l ~l",,J ~,,:nL~: ,~...o (~ ~A LL. ~E.Y'IO I,J. ' " ' " C, F_ND ~1, i011 ol, qJI ?t2~ Z4~ O.c. D[~RI ,i L.OliV P-.KS, PL'f 14OOO 5~.DiN~ Il- / PURLIN -- 1'~U53 1'7. ~. H'fl~Y OPE. HING ~0I,..5" IX4, 15o~RO~- -- 'f'fPE,. ~ ~XTE, R IoR. -- /C:/L!JFIINUI'I FL,RSHIN~ ~,_/B" 1~, ii I PLY HOOD ~ 1':Iii PL¥!,,Joob -- Gx8 ~oLIJr~l, COLUMN J~