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HomeMy WebLinkAboutSalt/Sand Building$10.00 to obtain specific~ns (no postage} BID - SALT/SAND STORAGE BUILDING BID OPENING:: 10:00 A.M., Thursday, May 8, 1997. 1. Zem Assoc. Po Box 69 Ronkonkoma, Ny (467-4421) 4/25 2. 4/25 3. Dome Corporation of North America, 5450 East St., Saginaw, MI 48601 517-777-2050 Dome Corporation of North America, 15 South Park St., Montclair, NJ 07042 4/25 4. 4/30 5. 6. 5/5 7. 5/5 8. 9. W.F.Walsh Structures Corp., P. O. Box 20390, Floral Park, NY 11002 516-437-2250 Mainsail Construction, Inc., Po O. Box 1376, Southampton, NY 11969 278-6160 Blackstone Construction, Inc., John Motzko, HC 8 Box 8295, Hawley PA 18428 717-775-9599 KJB Industries, DBA Eagel Asphalt Maint. 70 Park Road, Riverhead, NY 11901 Att: Pat 727-5600 Bulk Storage Inc., 28101 South Yates, Beecher IL 60401 708-672-3113 Gretchen Sullivan 10. 11. 12. JUDITH T. TEI~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 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI,ERK TOWN OF SOUTHOLD August 18, 1997 Bette Pawlanta, Office Manager Dome Corporation of North America 5450 EAst Street Saginaw, Michigan 48601 Dear Ms. Pawlanta: I have been advised that the Salt/Sand Storage Facility for the Southold Town Highway Department has been completed, therefore, I am returning herewith your Performance Bond and Payment. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure PERFORMANCE BOND BOND # 8089359 Executed in Duplicate Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR: Dome Corporation of North America 5450 East Street Saginaw, MI 48601 SURETY: Fidelity and Deposit Company of Maryland 210 North Charles Street Baltimore, MD 21201 OWNER: Town of Southold 53095 Main Road Southold, NY 11971 CONSTRUCTION CONTRACT Date: 05/13/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents Description: Salt Storage Dome - Peconic, New York ($59,932.00) BOND: Date (Not earlier than Construction Contract Date): 05/28?97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents ($59,932.00) Modifications to this Bond: None ~ See Page 3 CONTRACTOR AS PRINCIPAL: Dome Corporation of North America Signature: Name & Title ~ -'X~esiden~ SURETY: Fidelity and Deposit Company of Maryland ~ (eORI, OI/~TE SEAL) Kathleen C. Kennedy, Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Lawley Service, Inc. 120 Delaware Avenue Buffalo, NY 14202 (716) 849-8618 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 1 The Contractor and the Surety, and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the contractor shall have no obligation under this Bond, except to participate in conferences as provided ia Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, ff any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub-paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has sat/stied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: executed by a qua[flied surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Para- graph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice fi.om the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses i the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and ff the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsib'flities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of th/s Bond, but subject to comarfitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction 4.1 Arrange for the Contractor, vnth the consent of the Owneri Contract, the Surety is obligated without duplication for: to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concur- rence, to be secured with performance and payment bonds 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay Costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or ffno liquidated damages are specified ia the Construction Contract, actual damages caused by delayed performance or non- performance of the contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the contractor that are unrelated to the Construc- tion Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administra- tors or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related sub- contractors, purchase orders and other obligations. 9 Any proceedings, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction shall be applicable. 10 Notice to the surety, the Owner or the Contractor shall be marled or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Bahnce of the Contract price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page). CONTRACTOR AS PRINCIPAL: SURETY: Signature: Signature: Name and Title: Name and Title: Address: Address: PAYMENT BOND BOND # 8089359 Executed in Duplicate Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR: Dome Corporation of North America 5450 East Street Saginaw, MI 48601 SURETY: Fidelity and Deposit Company of Maryland 210 North Charles Street BaRimore, MD 21201 OWNER: Town of Southold 53095 Main Road Southold, NY 11971 CONSTRUCTION CONTRACT Date: 05/13/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents Description Salt Storage Dome - Peconic, New York ($59,932.00) BOND: Date (Not earlier than Construction Contract Date): 05/28/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents ($59,932.00) Modifications to this Bond: ~-~ None [ See Page 3 CONTRACTOR AS PRINCIPAL: Dome Corporation of North America Signature: SURETY: Fidelity and Deposit Company of Maryland (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Lawley Service, Inc. 120 Delaware Avenue Buffalo, NY 14202 (716) 849-8618 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): · · 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void ff the Contractor: 2.1 Promptly makes payment, directlyor indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, provided there is no Owner Default. 3 With respect to Claimants, th/s obligation shall be null and void ff the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) andsent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, with/n 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to who the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or eot received within 30 days of furnishing the above not/ce any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 Ifa notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- ance. 6 When the Claimant has satistied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undis- puted amounts. 7 The Surety's total obligation shall not exceed the amount of th/s Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construct/on Contract shall be used for the perform- ance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond· By the Contractor furnish/ag and the Owner accepting this Bond, they agree that ali funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work· 9 T'ae Surety shall not be l/able to the Owner, Claimants or others for obligations of the Contractor that are un- related to the Construct/on Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under th/s Bond, and shall have under th/s Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Cia/taunts under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shaft be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagrapli 4.1 or Clause 4.2.3, or (2) on which the last labor or service was per- formed by anyone or the list mater/als or equipment were furnished by anyone under the Construction Contract, whichever of (t) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shaft be applicable. 12 Notice to the Surety, the Owner or the Contractor shaft be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shaft be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorpor- ated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shaft promptly furnish a copy of this Bond or shaft permit a copy to be made. 15 DEFINITIONS 15.1 Cliimant: Aa indMdual or entity having a direct contract with the Contractor or with a sub- contractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shaft be to include without limitation in the terms. Labor materials or equipment that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and aft other items for which a mechanic's lien may be asserted in the jurisdiction where the libor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including aft Contract Documents and changes thereto. 15.3 Owner Default: Fafture of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS (Space is provided below for additional signatures of added parties, other than those appearing on the cover page). CONTRACTOR AS PRINCIPAL: SURETY: (o:.,~,.~ 5~1) (c-onc),~,~ :.~,) Signature: Signature: Name and Title: Name and Title: Address: Address: CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 28 day of >~a¥ , in the year of 1997, before me personally came Ross Lake to me known, who, being by me duly sworn, did despose and say (s)he resides in ~; that (s)he is the President of the DOME CORPORATION OF NORTH AMERICA , the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by the order of the Board of Directors of the said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLI.C dETTE PAWLANTA, NOTAR¥ PURLic SAGINAW COUNTY, MI MY COMMISSION EXPIRES 0~28~)1 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this28th day of May 1997, before me personally came Kathleen C. Kennedy to me known, who being by me duly sworn, did depose and say, that (s)he resides in Buffalo, N.Y.; that (s)he is an Attorney-in- Fact of Fidelity And Deposit Company of Maryland the corporation described in, and which executed the within instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OgF~CE, BALTIMORE, kid KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSrr COMP.rd, P/' OF MARYLAND, a corporation of the Stare of Maryland, by C. M. PECOT, JR., Vico-Presidant, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority §ranted by Article VI, SecQon 2, of the By-Laws of said Company, which are set forth on the reverse sida hereof and az= hereby c,=rdfied to be in full force and effect on the date hereof, does ben:by nominate, constitute and appoint Kathleen C. Kennedy, Christopher D. Ross and Robert L. Suglia, all of Buffalo,..New ¥ork,.EACH ................... i'/~-C~'~-~2"['~t agent and Attorney-in-Fact, to make, execute, surety, and as ir~ act and deed: any and all bonds and undertakings .............................. amply, m ~i intents and puqx~-s, as at its office in Baltimore, Md., in their own behalf of Kathleen C. Kennedy, Thc said AssisU~t Secrei~r~ 2, of the By-Laws of said Company, and h IN WITNESS WI-D!REOF, the said Corporate Seal of the said November , A.D. A'ITEST: ~ On this_14 th___day of November 1 be as binding upon said Company, as fully and regularly ~lected officers of the Company attorney revokes that issued on 20, 1995. un [be mvev~e side beranf is a uue copy of An/cie VI, Secl/on beve hereunto su~t~i their ..,~,s and affixed ~ MARYLAND, dis J.~cn day of By , A.D. I9 9__6, before thc subscriber, a Notary Public of the State of MazTland, duly commissioned and qualified, came C. M. PI:COT, .IR., Vice-President and C. W. ROBBINS, Assisiant Secretasy of the FIDELITY AND D£Fosrr COMPANY OF MARYLAND, to me personally known to be the individuals and officers descn'bed in and who executed the preceding instramant, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and salth, that they are the said officers of the Company aforesaid, and that the seal altixed to the pre,-~i~g instalment is the Corporate Seal of said Company, and that the said Corporate Seal and their sii~xres as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have bereuntu set my hand and affixed my Official Seal the day and year first above wriRen. CAROL J. FADER ry Public My Commission Expires Au_~.~t 1, CERTu~ tCATE I, the undersigned, Assismut Seccetaz7 of the FIDELITY AND DEPOSIT COMPA~'~[ OF MARYLAND, da hereby ceniPy that the Power of Attorney of which the forogoing is a fall, Uae and cot-tact copy, is in full rome and effect on the date of this certificate; and I do further certi~ fiat the Vice-Presidetu who executed the said Power of Attorney was one of the additional Vice-Presidents spocia3.y authorized by the Board of DLmcturs to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELrI'Y AND DEFOS1T COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authorit~ of the follo~i=g r~olution of the Boani of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "Thax the facsimile or mechanically reproduced si?am~e of any ~ S~mtst7 of the Company, whether made heretofore or hereafter, wherever appeanng upon a eardlied copy of any power of attum=y issued by th= Company, shall he valid and bindLqg upon the Company with the same force and effect as though manually afl. ed." IN TESTIMONY WHEREOF, [ have heretmtu subscribed my name and affixed the corporam ~ of the said Company, this ~2 $ t h day oL___Ma_y_ ,19_9_7. ...... Ll~2~ --132--6800 FIDELITY AND DEPOSIT COMPANY oF MARYLnN~ P.O. Box 1227 · Bi~'r~oP.~, MD 21203 Statement of Financial Condition As Of December 3 I, 1996 ASSETS Bonds ........................................................................................... $ 347,347,834 Stocks ........................................................................................... 220,540,863 Real Estate ...................................................................................... 2,894,865 Cash in Banks and Offices and Short Term Investments ......................................... 103,426,894 Premiums in Course of Collection (less than 90 days old) ....................................... 30,153,928 Reinsurance and Other Accounts Receivable .................................................... 42,189,372 TOT~. AD~s ~u ASSETS ...................................................................... $ 746,553,756 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Untamed Premiums ................................................................ $ 152,180,224 Reserve for Claims and Claim Expenses ......................................................... 260,577,883 Reserve for Taxes and Expenses ................................................................. 9,615,949 Miscellaneous ................................................................................... 33,475264 TOl'AJ. L~mrrt~ ............................................................................ $ 455,849,320 Capital Stock, Paid Up ........................................................ $ 5,000,000 Surplus ........................................................................ 285.704,436 Surplus as regards Policyholders ................................................................ 290,704.436 TotA.~ ....................................................................................... $ 746,553,756 Securities ca_,Tied at $23,121,000 in the above statement are deposited as required by law. Secm'ifies carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 3I, 1996 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $750,525,551 and surplus as regards policyholders 5294,676,23 I. I, Josa, H J. O~a.x.~ Treasurer of the F~z~-rv A~0 D~osrr Coto~y oF Ma~.n_a,~, do hereby certify, that the foregoing statement is a correc~ exhibit of the assets and liabilities of the said Company on the 31st day of December, 1996. State of Maryland } City of Baltimore SS: Subscribed and sworn to before me. a Not,arc Public of the State of Maryland, in ~he Cty of Baltimore, this 3 st day of December, 996 ,Votary My commission expir~ June 3, 1997. RAYMOND L. JACOBS SUPERINT£NDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT F~x. (516)-765-1750 RECEIVED AU~ 1 5 1997 Sou~old Town ~ Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, NewYork 11958 Re: Salt Sand Storage Building ]AMES A. RICHTER, R.A. ENGINEER TOWN OFSOU~THOLD T¢1.(516)- 765- 3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD August 14, 1997 Dear Ray: The construction of the above referenced building in the highway yard has been completed by the Dome Corporation of North America. The building meets the minimum requirements listed in the bid specifications and is considered complete in all respects. If you have any questions concerning this report, please contact my office. · Richter, R.A. JUDITH T. TEP~Y TOWN CLERK REGISTR-kR OF VITAL STATISTICS M.kRRIAGE 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 June 6, 1997 Bette Pawlanta, Office Manager Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 Dear Ms. Pawlanta: I am in receipt of the signed agreement, performance and payment bonds and insurance certificates with respect to the construction of a Salt/Sand Storage Facility for the Southold Town Highway Department. Returned herewith is your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure BOND # 299 ~ BID BOND !~,~;~'~:~.: ' ' '~ ~ ' .~.' ~i'. ' ~ ~ . ' · ~ . ~. .~' ~~~~~~: · ' '. :~. '~=~ KNOW ALL MEN BY THESE PRESENTS: That we, DOME CORPORATION OF NORTH AMERICA 5450 East Street, Saginaw, Michigan 48601 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore Maryland a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, 53095 Main Road, Southold, New York 11971 as Obligee, hereinafter called the obligee, in the Sum of Five Percent of the attached 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 Dome - Peconic, New York NOW, THEREFORE, ff the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mater/al furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount spec'flied in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of May 1997. i' FIEND DEPOSAT( C~_.~PANY OF MA~)R~/'LAND AIA DOCUMENT A_310. BID BOND. AIA. FEBRUARY 1970 ED. THE AMERICAN INS-ll'ru'r~ OF ARCIai'rECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 8th day of , in the year of 1997, before me personally came Ross Lake to me known, who, being by me duly sworn, did despose and say (s)he resides in Frankennl~th ; that (s)he is the President of the DOME CORPORATION OF NORTH AMERICA the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by the order of the Board of Directors'of the said corporation, and that (s)he signed his name thereto by like order. -NOTARY PUBLIC BETTE PAWLANTA, NOTARY ~0 S;.G!NA'/! COlJNTY, MI ~'4'~ COM~!.%.;C;,,i EXPIRES 03-28-01 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this 8th day of May 1997, before me personally came Kathieen C. Kennedy to me known, who being by me duly sworn, did depose and say, that (s)he resides in Buffalo, N.Y.; that (s)he is an Attorney-in-Fact of Fidelity And Deposit Company of Maryland the corporation described in, and which executed the within instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MD IQ4OW ,M,L MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYL. M~D, a corporation of the State of Maryland, by C. M. PECOT, IR., Vice-President, and C, W. ROBBINS, Assis~nt Secretary, in pursuance of anthodty granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on ~ date hereof, do~s hereby nomlnnte, conslimte and appoint Kathleen C. Kennedy, Christopher D. Ross and Robert L. Su§lia, all of Buffalo, .New York, ^EACH ................... ,,,_. ~ts true and lawful a~eat and Ailorney-in-Fact, to .make, execute, deliver, ~ on its bchaif as surety, and as its act and deed any and ali oonds and undertakxngs ..... ~.~ ....... C~.~...' ......................... Ana~g upon said Company, as fully and ~ elco. ted officers of.the Company ~okes that issued' oh behal~ of Ka~ lh e~n C K~e~fda~ed~v~y 20, 1995. The said Assistant Secretary does hereby ce 'r~e e rth on the reverse side hereof is a true copy of Article VI, SeCtion 2, of the By-Laws of said Company, and is ~ force ^~ ~ IN ITNESS WHEREOF, the said Vice-- -,~s~'~t--a~-~,~s~t Secretary have beretmm sub,~th~d their names and affixed the Corporete Seal of ~he said FIDELITY AND~DEPOSIT COt4~ OF MARYI~',ID, this ~.4t~l day of November A D iq 9~.~ /2~7.~%~ co~wn' o~ S~m~o~ ( ss= . On this._~._4~.t..h__.day of___.No__v_e..~l_.b_t.r ., A.D. 19_96, before the subscriber, a Notary Pubhe of the Slate of Maryland, duly commissioned and qualified, came C. M. PECOT, .IR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELrI'Y AND DEPOSiT COMPANY OF MARY-LAND, to me personally known to be the individuals and officers described in and who executed the preced~g instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sai~. that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate SeM. of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said CorporaPon, IN TESTIlVlONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. My Commission Expires.__Au~s_t_l~_2~Oq0._ ............... CEk~'t~ ~CATE I, the u~dersigned, Assistant Secretory of the FrDELrTY AND D£PO$IT COMPANY OF MARYI_~dgD, do hereby cert~ tl~t the original Power of Attorney of which the foregoing is a full, tree and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the ~id Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors m appoint any Attorney-in-Fact as provided in Ar~cle VI, Scion 2, of the By-Laws of the FIDELrTY AND DEPOSIT COMPANY OF MARYLAND. This Cerdficate may be signed by facsimile under and by authority of the folio.wing r~oludon of the Boar~ of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meerin§ duly called and held on the 16th day of July, 1969. R~OIVED: "Th~ the fl~qlmile or lll~h~caily t'~ltxhl~ed si~ll~lmre of ~ ,a~slS~llt ~eci~tary of the Company, whetber ~ heretofol'~ or hereaf~r, wherever appearing upon a cer~ed copy of any power of a~omey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, [ h~ve hereunto subscribed my name and affixed the corporam seal of the said Company, this day of. May. ., 19~q_7. i~ff (.~ C.I Assistant Secret. FID ITY AND DEPOSIT COMPAiNi Y or ?.O. Box 1227. Ba~T~OP~, MD 21203 Statement of Financial Condition As Of December 31, 1996 ASSETS Bonds ........................................................................................... $ 347,347,834 Stocks ........................................................................................... 220,540,863 Real Estate ...................................................................................... 2,894,865 Cash in Banks and Offices and Short Term Investments ......................................... 103,426,894 Premiums in Course of Collection (less than 90 days old) ....................................... 30,153,928 Reinsurance and Other Accounts Receivable .................................................... 42,189,372 TOT~. A~m ct~.~ Assrrs ......................................................................$ 746,55.3,756 LIABILITIES, SURPLUS AND OTI-IER FUNDS Reserve for Unearned Premiums ................................................................ $ 152,180,224 Reserve for Claims and Claim Expenses ......................................................... 260,577,883 Reserve for Taxes and Expenses ................................................................. 9,615,949 Miscellaneous ................................................................................... 33,475,264 TOtaL Lt~mrrms ............................................................................ $ 455,849.320 Capital Stock, Paid Up ........................................................ $ 5.000,000 Surplus ........................................................................ 285.704,436 Surplus ~ regards Policyholders ................................................................ 290,704,436 TOT.~ ....................................................................................... S 746,553,756 Securities carried at $23,121,000 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1996 market quotations for all bonds and stocks owned, the Company's total admitted assets would be 5750,525,551 and surplus as regards policyholders $294,676,231. I, Jos~H J. G~a~.xt'v.~.. Treasurer of the Fm~-r~ &,m D~,osrr Co~ oF Max~. do hereby certify, that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the SBt day of December, 1996, State of Maryland SS: City of Baltimore Subscribed and sworn to, before me. a Notary Public of thc State of Maryland. in the City. of Baltimore this 3 st day of December. 1996. My commission exmre$ June 3, 1997 DOME CORPORATION OF NORTH AMERICA June 2,1997 Judith T. Terry Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 516 765-1823 1800 Fax RECBVED JUN 6 1997 .~ulhold Town Clerk RE: Southold, NY Dear Ms. Terry: Enclosed please find the following items per your request: · Signed Agreement · Two Performance and Payment Bonds · Two Insurance Certificates Please do not hesitate to contact this office if you need further information Sincerely, Bette Pawlanta Office Manager Encl. Listed above 5450 EAST STREET, SAGINAW, MICHIGAN 48601 TEL. 517/777-2050 · TELEFAX. 517-777-3477 T~'H E' A M E R A N I N S T I T U T E 0 ARCH ITECTS AIA Document AIO1 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA T/ON WITH AN ATTORWEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document ~3' reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 13th Nineteen Hundred and Ninety-Seven day of May in the year of BETWEEN the Owner: the Town of Southold, 53095 Main Road, P.O. Box 1179, (Na.~a~aaaar~ss~ Southold, New York 11971 and the Contractor: Dome Corporation of North America, 5450 East Street, (Name and addres~ Saginaw, Michi gan 48601 The Project (Name arid location) Construction of a pre-fabricated "Dome Type" Salt/Sand Storage Building at the Southold Town Highway Department, Peconic Lane, Peconic, New York The Architect is: Town of Southoid Engineering Department The Owner and Contractor agree as set forth below, Copyright 9!~ 1918, 1925 193~, 195l. 19~8, 1961. 1963 1907. 1974, 19v7. c~198- by The American Institute of Archi- WARNING: Unlicensed photocopying violate~ U.S. copyright laws and is ~JbjeCt to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement. Conditions of the Contract (General, Supplementary and other Conditions)· Drawings, Specifications. addenda issued prior to execution of this Agreement. other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein· The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents. other than Modifications. appears in Article 9 ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility, of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Fifteen (15) calendar days after Notice to Proceed. Unless the date of commencement is established by a nottce to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely tiling of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than the date specified in the Proposal, but not less than sixty (60) working days · subject to adjustments of this Contract Time as provided in the Contract Documeots A101-1987 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty-Nine Thousand Nine Hundred Thirty-Two and no/100 ................. .23onars (S--59,932.00 ............................ ); subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 4.3 Unit prices, if ~mv are as follows: A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications tbr Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, ine Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere an the Contract Documents. 5.2 The period covered by each Application for Paymem shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month. It' an Application for Payment is received by the Architect al~er the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment, 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance v, ith the Comract Documents The schedule of values shall allocate the entire Contract Sum among the various portions of the \Xbrk and he prepared in such form and supported by such dam to substantiate its accuracy as the Architect may require. This schedule, unless obiccted to bx the Architect. shall be used as a basis tbr reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subiect to the prov,sions of the Contract Documents, the amount of tach progress payment shall be computed :ks fbllows: 5.6.1. ~ake that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the \X;brk by the sham of the total Comract Sum allocated to that portion of the Work in the schedule of values, le~s retainage of perceut "a ). Pending final determination of cost to the Owner o f changes in the Work, amounts not in the dispute ma}' be included as provided in Subparagraph 7. 3.- of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order: fi.6.2 Add that pomon of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site tbr sub=equent incorporanon in the completed construction (or, if approved in advance by the Owner. suitably stored ufi the >ire at a location agreed upon ~n wrinng), less retalnage of percent ~ %); 5.$.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any. for which the Architect has withheld or nullified a Certificate lbr Payment as provided in Para- graph 95 of the General Conditions. 5.? The progress payment amount determined in accordance with Paragraph 5,6 shall be further modified under the fnllowing circumstances: 5.?.1 Add. upon Sbbstantial Completion of the Work, a sum sufficient to increase the total payments to percent ( %/Of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.?.2 Add. if final completion of the Work is thereafter materially delayed through no fault of the Contractor. any additional an~ount> payable in accordance with Subparagraph 9.10.3 of the General Conditions, 5.5 Reduction or ltmita0on of rerainage, if any, shall be its follows: WARNING: Unlicensed photoc~pying violates U.S. copyn~jht law~ and is suDiect to legal prosecution. A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy, other requirements, if any, which necessarily survive ['mai payment; and (2) a £mal Certificate for Payment has been issued by the .,trchitect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's Final Certificate for Payment. or as tbllows: ARTICLE ? MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreemem to a provision of the General Conditions or another Contract Document. thc re~ erence refers to that provision as amended or supplemented bi,' other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ?.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract mai,' be terminated by the Owner or the Contractor as provided in .~licle !4 ot the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents. except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 TlqeAgreement is this executed Standard Form of Agreement Between Owner and Contractor, AI3. Document Al01, 1987 Edition 9.1,2 The General Conditions are the General Conditions of the Contract for Construction, ;dA Document A201, 1987 Edition. 9.1,3 The Supptementary and other Conditions of the Contract are those contained in the IRO{~KMzI~t~aX~t Bid Specification dated April 9, 1997, , and are as follows: Document Tide Pages 9.1.4 The SpecLr2cations are those contained in the Pro{ect Manual dated as in Subparagraph 9A,3, and are 'as follows: Section Tide Pages WARNING: Unlicense~ photocopying violates U.S. co,yin:Jilt I~ ar~l is suDiect to le~at prosecution. A101-1987 6 ~.1.5 The Druv, ings are ~ts fbllov.,s, and arc dated Number Title Date Number Date Pages WARNING: Unlicensed ;ho~x:op'/ing violates U,S. coPynght Mws and is sub~-t to legal prosecution. A101-1987 7 {}.1.? Other documents, if any. forming part of the Contract l~)cuments are as follows: Contractor's Bid dated May 8, 1997. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the OWNER (Stgn~tt. are) Jean W. Cochran, Supervisor ?3'i~fature) Ross A. Lakt% Pr~iH~nt A101-1987 8 ACORD . CERTIFICAT F LIABILITY INSURA E DATE)MM,DD Y, 05/29/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lawley Service Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 120 Delaware Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Buffalo NY 14202 COMPANIES AFFORDING COVERAGE COMPANY A Ro~,al insurance Company Phone No, 716-849-8618 Fax No. INSURED COMPANY B Safeguard Insurance Company Dome Corporation of North COMPANY America C 5450 East Street COMPANY Saginaw MI 48601 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (M M/OO/YY) DATE IMM/DD/YY) LIMITS G E__N ERAL LIABILITY GENERAL AGGREGATE $ 2 # 0 0 0, 0 0 0 A X COMMERCIALGENERALLIABIUTY PSP2158'~5 09/01/96 09/01/97 PRODUCTS-COMP/OPAGG ~ $ 1,000,000 I CLAIMS MADE ~ OCCUR PERSONAL&ADVINJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,,000 X Contractual Liab FIRE DAMAGE {Any one fire) $ 50,000 X XC~ Coverage MEDEXP[Anyoneperson) i$ 5,000 AUTOMOBILE MASlLITY A ~X ANYAUTO PSP215845 09/01/96 09/01/97 COMBINEDS~NGLELIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS {Per person) $ X HIRED AUTOS BOOILY INJURY $ X NON-OWNED AUTOS IPer accident) -- PROPERTY DAMAGE $ GARAGE LIABILFFY AUTO ONLY . EA ACC)DENT __ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 4, 000, 000 z~ XOTHERUMBRELLA FORMTHAN UMBRELLA FORM PLA349545 09/01/96 09/01/97 AGGREGATE 4 # 000 ~* 000 WC STATU WO.KERSCOMPE~SAT,ON^NO x ITORVUM~TSl 10ET~' EMPLOYERS' LIABILIT~ EL EACH ACCIDENT 1, 0 0 0,0 0 0 B OFFIcPARTNERS/EXECUTIvETHE PROPRIETOR/ERS ARE: ~NCLExcL DZS368357 09/01/96 09/01/97 ELEL DISEASE - POLICY LIMITDisEAS E - EA EMPLOYEE11'000' 000, 000, 000 OTHER DESCRIPTION OF OPERATION S/LO CATIO NSNEHICLES/S PECIAL ITEMS Re: Salt storage dome Peconic, New York Town of Southold is included as Additional Insured under PSP215845 w~th respect to the captioned project. SOUT - 7 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY W~LL ENDEAVOR TO MAIL 3 0 DAYS WRFrTF. N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Town of Southold BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SouthoZd NY 11971 ~TH~OR~E~RE~SENTA~.. ~ ~ ACORD 25~S (!i95!"-"~-~-~"~---"~ '"~ ~CO RPOSAT ON 1988 ACORD. CER%IFICAT F LIABILITY INSURA E PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lawley Service Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 120 Delaware Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Buffalo NY 14202 COMPANIES AFFORDING COVERAGE COMPANY A Royal Insurance Company Phone NO. 716-849-8618 Fax_No INSURED CUM PANY B Safeguard Insurance Company Dome Corporation of North COMPANY America C 5450 East Street COMPANY Saginaw MI 48601 D c0VERAO~S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ~OLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE ~ $ 2 t 000, 000 A X COMMERCIAL GENERAL LIABILITY PSP215845 09/01/96 09/01/97 PRODUCTS COMP/OPAGG :$ 1,000,000 [ I CLAIMS MADE [] OCCUR PERSONAL &ADV)NJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 __X Contractual Liab FIRE DAMAGE (Any one fire) $ 50,000 X I XCU Coverage MED EXP (Any one person) $ 5 · 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO PSP215845 09/01/96 09/01/97 ALL OWNED AUTOS BODILY ~NJURY $ SCHEDULED AUTOS ) (Per person) X HIRED AUTOS I I BODILY INJURY X NON-OWNED AUTOS I (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY . EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 4 · 000, 000 A X~ UMBRELLA FORM PLA349545 09/01/96 09/01/97 OTHER THAN UMBRELLA FORM $ WC STATU WOR"ERSOO"PENSATION^ND × ITORY"MI'S I I%'"" EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000 B OFFICERS ARE: THE PROPRIETOR/PARTNERS/EXECUTiVE ~INCLExcL DZS368357 09/01/96 09/01/97 EL DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT$$ 1,000,0001'000'000 OTHER DE$CRIPTtON OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Salt storage dome Peconic, New York Town of Sou,hold is included as Additional Insured under PSP215845 with respect to the captioned project. CERTiFiCATE HOEDER CANCELATION SOUT - 70 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TO~a~l O f Sou'hold BUT FAILURE TO MA~L SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 53095 Main Road OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. A THORIZED REPRESENTATIVE AcoRD 2S~S (1!95) ~- "'~ ~CORPORATION i988 ACORD. CERTIFICAT F LIABILITY INSURER1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER oF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lawley Service Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 120 Delaware Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES RELOW. Buffalo NY 14202 COMPANIES AFFORDING COVERAGE COMPANY A Royal Insurance Company PhOn. NO. 716-849-8618 Fax NO. INSURED COMPANY B Safeguard Insurance Company Dome Corporation of North CON1PANY America C 5450 East Street COMPANY Saginaw MI 48601 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELow HAVE BEEN ISSUED TO THE INsuRED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE I POMCY EXpiRATION CO TYPE OF INSURANCE POLICY NUMBER LIMFrS LTR DATE {MM/DD/YY)I DATE (MM/DD/YY) GE~NERAL LIABILITY GENERAL AGGREGATE $ 2 , 000, 000 A X COMMERCIAL GENERAL LIABILITY PSP215845 09/01/96 09/01/97 PRODUCTS-COMP/OPAGG $ 1,000,00~0 I CLAIMS MACE ~] OCCUR PERSONAL a ADV ~,JURY ~ 1, 000, 000 -- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X Contractual ~-iab F~RE DAMAGE {Any one firel $ 50,000 -- COMBINED SINGLE LIMIT ~ 1, 000 # 000 A X ANYAUTO PSP215845 09/01/96 09/01/97 A X~ UMBRELLA FORM PLA349545 09/01/96 09/01/97 AGGREGATE $ 4, 000# 000 WORKERS COMPENSATION AND X~¥ORY LIMITSI EL EACH ACCIDENT $ 1,000,000 B PARTNERS/EXECUT~vETHEPROPRIETOR/ }~INCL DZS368357 09/01/96 09/01/97 ELDISEASE POLICYLIM~T $ 1#000#000 DESCRIPTION OF OPERATIONS/LOCATIONSI~EHICLESISPECIAL ITEMS Re: Salt storage dome Peconic, New York ToWn of Southold is included as Additional Insured under PSP215845 with respect to the captioned project. CERTiFiCATE HOLDER CANCELLATION SOUT - 70 SHOULD ANY DE THE ABOVE DESCRIED POUCmS .E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WiLL ENDEAVOR '0 MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ACORD 25~$ 1!95i~ ""~ ~CO RPORATION i988 PERFORMANCE BOND BOND # 8089359 Executed in Duplicate Any singular reference to Contractor, Surety, Owner or other party shah be considered plural where applicable. CONTRACTOR: Dome Corporation of North America 5450 East Street Saginaw, MI 48601 SURETY: Fidelity and Deposit Company of Maryland 210 North Charles Street Baltimore, MD 21201 OWNER: Town of Southold 53095 Main Road Southold, NY 11971 CONSTRUCTION CONTRACT Date: 05/13/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents Description: Salt Storage Dome - Peconic, New York ($59,932.00) BOND: Date (Not earlier than Construction Contract Date): 05/28/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents ($59,932.00) Modifications to this Bond: None [~ See Page 3 CONTRACTOR AS PRINCIPAL: Dome Corporation of North.. J'~Ameri~ Signature: / ~.._~ ~. (/./x.~z~(_~.~ Signature: Name & Title ~J ~Pre~J_den'c SURET~f: Fidelity and Deposit Company of Maryland Kathleen C. Kennledy, Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Lawley Service, Inc. 120 Delaware Avenue Buffalo, NY 14202 (716) 849-8618 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than Fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub-paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Ownel to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concur - rence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Para- graph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety ' elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay Costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the contractor that are unrelated to the Construc- tion Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administra- tots or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related sub- contractors, purchase orders and other obligations. 9 Any proceedings, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction shall be applicable. 10 Notice to the surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page). CONTRACTOR AS PRINCIPAL: SURETY: (Coq}orate Seal) (Coq~orat¢ Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: PAYMENT BOND BOND # $089359 Executed in Duplicate Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR: Dome Corporation of North America 5450 East Street Saginaw, MI 48601 SURETY: Fidelity and Deposit Company of Maryland 210 North Charles Street Baltimore, MD 21201 OWNER: Town of Southold 53095 Main Road Southold, NY 11971 CONSTRUCT/ON CONTRACT Date: 05/13/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents Description Salt Storage Dome - Peconic, New York ($59,932.00) BOND: Date (Not earlier than Construction Contract Date): 05/28/97 Amount: Fifty Nine Thousand Nine Hundred Thirty Two Dollars and No Cents ($59,932.00) Modifications to this Bond: None ~ See Page 3 CONTRACTOR AS PRINCIPAL: Dome Corporation of North~America Signature: ~- ~/~2--~-'~ _/_~ .~/~__... _ -~ Na~;~ & Title Presiden~ SURETY: Fidelity and Deposit Company of Maryland (CORPORATE Signature: ~'~~/~ ~~-~ / Kathleen C. Kennedy, Attorney-in- Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Lawley Service, Inc. 120 Delaware Avenue Buffalo, NY 14202 (716) 849-8618 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void ff the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, hens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to who the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- 6 When the Claimant has satisfied the conditions of , Paragraph 4, the Surety shall promptly and at the Surety s expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undis- puted amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perform- ance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are un- related to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was per- formed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorpor- ated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a sub- contractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms. Labor materials or equipment that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's hen may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS (Space is provided below for additional signatures of added parties, other than those appearing on the cover page). CONTRACTOR AS PRINCIPAL: SURETY: (Corporate ~eal) (Coqsorate ~cal) Signature: Signature: Name and Title: Name and Title: Address: Address: CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 28th day of Hay , in the year of 1997, before me personally came Ross Lake to me known, who, being by me duly sworn, did despose and say (s)he resides in Fra~er~muth ; that (s)he is the President of the DOME CORPORATION OF NORTH AMERICA the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by the order of the Board of Directors of the said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC BETTE PAWLANTA, NOTARY PUBLIC SAGINAW COUNTY, MI MY COMMISSION EXPIRES 03-28-0f SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this 28th day of May 1997, before me personally came Kathleen C. Kennedy to me known, who being by me duly sworn, did depose and say, that (s)he resides in Buffalo, N.Y.; that (s)he is an Attorney-in-Fact of Fidelity And Deposit Company of Maryland the corporation described in, and which executed the within instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that itwas so affixed by order of the Board of Directors of said corporation, and that (s)he signed his name thereto by like order. KATHLEEN M. SCHMITT NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ERIE C.0UN~ / MY C0MM SS 0N Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, eALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITy AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of anthority granted by A~icle VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Kathleen C. Kennedy, Christopher D. Ross and Robert L, Suglia, all of Buffalo, New York EACR .................. ~gent and Attorney-in-Fact, to make, execute behalf as surety, and as its act and deed: any and ali bonds and undertakings . .' ........................ bonds or undertakings in amply, to afl intents and at its office in Baltimore, Md., in their own behalf of Kathleen C. Kennedy, The said Assistant Secretary 2, of the By-Laws of said Company, and i~ IN WITNESS WHEREOF, the said Corporate Seal of the said FIDELITy ......... _N_o.y_e_m_._b.e_ ~_ ...... A.D. ,, shall be as binding upon said Company, as fully and the regularly elected officers of the Company attorney revokes that issued on y 20, 1995. on the reverse side hereof is a true copy of A~ticle VI, Section and SecretaI7 have hereunto sub~:rib~d their names and affixed the MARYLAND, this ......... .~t_~_ .........................day of ~ COMPANY OF MARYLAND A i-i'i~T: By On this__l_.4_t_h.__day o£...._N__o_*_~__m_b_e_r. ....... A.D. 19__9_6, before the subscriber, a Nota~ Public of the State of Maryland, duly comnUssioned and qualified, came C. M. PECOT, JR., Vice-Prasident and C. W. ROBB1NS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described hi and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instmmunt by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. My Commission Explses_.__A__ugu__s_ ...................................... CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidunts specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the folloxving resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secmm~ of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this __2__8__t_h_ day of_ ......... _Mag ......................... 19..9..7. L~42~ -132-6800 FIDELITY AND DEPOSIT COMPANY oF MAgYLA~ P.O. Box I227 · B~a,tl~O~, MD 21203 Statement of Financial Condition As Of December 3 I, 1996 ASSETS Bonds ........................................................................................... $ 347,347,834 Stocks ........................................................................................... 220,540,863 Real Estate ...................................................................................... 2,894,865 Cash in Banks and Offices and Short Term Investments ......................................... 103,426,894 Premiums in Course of Collection (less than 90 days old) ....................................... 30,153,928 ReInsurance and Other Accounts Receivable .................................................... 42, I89,372 To'rA~ An~u~ ~o Ass£rs ...................................................................... $ 746,553,756 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums ................................................................ $ 152,180,224 Reserve for Claims and Claim Expenses ......................................................... 260,577,883 Reserve for Taxes and Expenses ................................................................. 9,615,949 Miscellaneous ................................................................................... 33,475,264 To'rn~ Lr~,amrrms ............................................................................ $ 455,849,320 Capital Stock, Paid Up ........................................................ $ 5,000,000 Surplus ........................................................................ 285,704,436 Surplus as regards Policyholders ................................................................ 290,704,436 To'rA~. ....................................................................................... $ 746,553,756 Securities carried at $23,121,000 in the above statement are deposited as required by law. Secur/ties carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1996 market quotations for ali bonds and stocks owned, the Company's total admitted assets would be $750,525,551 and surplus as regards policyholders $294,676,231. I, Jos£PH J. Gnrt~a~a~, Treasurer of the Fm~rrv arty Dra,osrr Cor~,tm~ oF lVL~,n. Ar~, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 1996. State of Maryland SS: City of Baltimore Subscribed and sworn to, before me, a Notary Public oft. he State of Maryland, in the City of Baltimore, this 31st day of December, 1996. Notary Public My commission expires June 3, 1997. JUDITH T. TERRY TOWN CLERK REGISTIL~9. OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M-~NAGEMENT 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 May 20, 1997 Ross A. Lake, President Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 Dear Mr. Lake; The Southold Town Board, at a regular meeting held on May 13, 1997, accepted your bid in the amount of $59,932.00 for furnishing and constructing a prefabricated circular "Dome Type" structure for use as a Salt/Sand Storage Facility at the Southold Town Highway Department. Enclosed is an instruction packet with regard to the Performance Bond, Labor and Material Payment Bond, and insurance requirements. Please provide me with those items at your earliest convenience. Also enclosed are two (2) copies of the agreement, executed by Supervisor Cochran. Please sign both copies and return the copy marked "Town" to me in the enclosed self-addressed, stamped envelope. Once we are in receipt of the above required documents your 5% bid bond will be returned to you and you may make the necessary arrangements to commence construction of the building. If you have any questions, please do not hesitate to contact me. Very truly yours, $outhold Town Clerk Enclosures cc: Supt. of Highways Jacobs ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFE'FY PRECAUTIONS AND PROGRAMS 10.1.1 The Contrac[or sh:~ b~ ~sponsthl¢ for mitmtthg, mmn- mmmg ~nd super~mmg ~1 ~,~c~ prec~t~ons ~nd progm_ms in connecuon with the performance of the Contract. mate~ reasonably believed to be a~bestns or polychlormated biphe~yl (PCB} which has riot been rendered harmless, the Contractor shoal immedw, tety stop Work in the ~xen a.ffected The Work ~ ~e ~f¢ct~ ~ sh~ not ~er~er excel by wn~ a~¢~t of the O~er fact ~e mat¢~ ~ ~b~los or poly~lo~[~ biph~yi ar~ sh~ be r~ed ~ ~¢ ~bsenc~ of ~b~tos or polychlon- n~[~ biphenyl {PCB), or ~h~ X h~ b~ accor~c~ wi~ ~ d¢~tion by ~e .~chit¢~ on which Amele ~. 10.1.3 The Contractor shall not be required pursuant to 3critic 7 co perform v.-irhout consent any Work relating to asbestos or puivcnlorina[ed bipheny[ (PCB). 10.1.4 To the Mllest ~xtent permitted by law, the Owner shall indemnify and. hold harrme~ the Contractor. Architeet. tect 5 consultants and agents md employees or' :my of them from :md ago. mst claims, cmmages, losses and expense~, mc!ual- tog but not {Lmired. to attorneys' fees, ansing out o(or resulting from performance or' the Work in me ~fected ~es if in fact the material ~ asbestos or polychionnated 3ipbenyl (PCB} :md has not ~een rendered harmless, provided :hat such clmm. damage. cb. wn. o. amage. Ioas or expense is c-a~ed in pan by a party to negate, abridge, or reduce other ng.h~ or obiiganons of 10.2.2 The Contrac=or shail give nouces and comply with applicable laws. ordinances, ml~, regulations md lawful orders bt~ puDlic authorities be-'.,.dng on safety of per~oos or propers' or their protecuori from damage, injury or loss. 10.2..3 The Contractor shall erect and maintain, a5 reqmred by e.,osting conditions and pedormance of the Contract, able sa~eguard~ for sMery and protecuon, including posting dang~ s~gns and other warnings ag:m~t ham.rd,s, promulgating sa/ely regulations and notifTm$ owners and mere of adiacent 10.2.4 When ase or storage of explosives or other hazardous care and carry' on such ac~vmes under super'vLsmn of propedy qualified personnel. 10.2.5 The Contractor shall promptly remedy' damage and loss (other than damage or loss imured under property irmurance required by the Contract Documents) m property referred. Clauses t0.2.1.2 and I0.2.1.3 caused in whole or in part by ',.he direcay or indirechy employed by any of them, or by anyone for whose acts the7 may be liable :md for which the Contractor ~ responsible under Clauses 10.2.1.2 and 10.2.t.3, except or Architect or :myone directly or indirecdy employed be liable, and not :mnhurable to the ~,ult or negligence of the Contractor. The foregoing obligations of the Contractor are tn adthtion rd the Cantmctor s obligauons under Paragraph 5.i8. 10.2..8 The Corotar:or shall designate a responstbie member or. 10.2.7 The Contractor sh~l not load or permit any par~ of me 10.3 ~X~EnG~C:ES 10.3.1 [n :m eme~enc¥ affecting safe~ or. pemons or propetw. or' :m c~nergency ~W4I he determined as provided in Parag~ph **.3 :md ?,mete -. ARTICLE 11 10.2 SAI-~-t'Y OF PERSONS AND PROPEJ~i'Y INSURANC~ AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall gm-chase from and maintain tn a liable: wm~ ~ ~fi~M to ~e Wo~ to ~ ~ffo~ed: A201-1987 19 .2 claims ior damag~ bu~:ause of bodily mlury, occupa- employees; .:1 ci~s r~c ~ages beca~ of bodily ~ju or ~e, or d~th of ~y p¢rson o~her th~ ehe Con- .4 ct~ for ~ag~ insured by ~uM pe=onM liabifiW cove=ge whic~ ~e ~tmne~ (i) by a pe~on employment oi suc~ pe~n by ~e Contractor. of ~2) by ~o{her .$ c~s for ~ag~. other th~ to the Work i~eifi be~e of inlu~' to or d~t~cuon of ~ble prop- e~', mcluding to~ of ~e r~ulting therefrom: .8 ~s for ~ag~ b~a~e of bo~y ~]u~, ~ of a pe~on or prope~ ~age =sing our of owner- ~.7 drams revolving cont~ct~ Eability ~u~ce appll- caDi< ~o the Cont~ctor's obli~tio~ under P~ph 11.1.2 Thc trounce required by Subp~ag<ph I I. I. [ shMl be wmt=n (or not le~ th~ limi~ of INbility specified a ~he Con- Throe Cemtlc=t~ md t~e imu~ce poiicl~ required aiforded ~nCer the policim will not be ~celled or alowed tbr Payment ~ require~ by Subpmgraph 9 [0.2. info~ation l ~.2 OWN~'$ ~81tl~ INSUHANCE 1~.2.1 The Owner s~l be r~po~ibM for purcN~ing and man[tuning [Ne Owner's ~u~ INbility ~su~ce. OpdonMly, for purch=ing md mmnt~ing ~ optionM Owner s liability 11.~.1 Units orhe~ise provided, cbc Owner shMl other than the Owner has an mstu'=bM interest in ~e propeay required by thks P~.=~'-:ph t 1.3 to be covered, whichever ts e.a'lier. This insurance shall include ~terests or' the Owner. the Contractor. Subcontractors mci Sub-subcontractors m the Work. 11.:t.1.1 Prope.? in.~um, mce shall be on an all-risk policy form and shall insure aga:r~t thc penl.s or' ~ire and extended cove=ge and physical loss or dz, mage including, without dupii~tion or' cove=ge, theft, vandaii.~m, malic:o~.~ mmchmf, collapse. ~alse- work. temporary buildings and debris removal including demolition occ'~ioned by ¢~qr'orcemexlt or' any appficable legal reqmrements, and shall cover rez..conabie compensation Architect's servicm and expense~ required as a result of such insured loss. Cove=ge for other per~ shall not be required unless otherwise provided in the Contract Documenu. 11 .:1.1.9 [f the Owner. doe~ not intend to purchase such prop- crt}' ir~ura~ce required by r~e Contract and with all of ~e cover'.lge~ in the amount described above, the Owner shall so inform the Contractor in wtha~g prior to commencement of ihe Work. The Contractor may then effect insurance which will subcontractors in the Work. and. by appropriate Change Order the cost thereof shall ~ charged, to the Owner. If the Conwao 11.'1.1.:1 if d~e properW, imurance requires mmimum deducu- hies ;md such deducL:bles a.re id.entgied in ~-e Contract Doc,,:- voluntary deductible. If de~uc~ble~ are not identified in the 11.3.2 Boiler and Machinery Insurance. Thc Owner shall required by the Cont=cr D~c~ments or by -law. which ah-Al specifically cover such in~umd ohicc~ duz~ng installation and ~',il be named insure-~. 11.3.3 LoSS of Use Insurance. The Owner. at thc Own=r'$ Ord.er. 20 A201-1987 11.3..5 ff durraE the Proiect construction pedod the insures propemes, r~.d or personal or bom. adjoining or from those insuring the Projec:~., or if~er ~ pa~em rhrou~ a policy or poflci~ other ~ ~o~ ~u~g ~e Pro~- ect dung me co~tmcuon period, me O~er s~ ~ve hghm m accor~ce ~ me c~ of SuDp~ph t 1.5.7 for ~ag~ c:~e~ by fire or omer pe~ covese~ by mm prope~ ~u~ce..~ ~te poHci~ s~ provic: 11.3.8 Before an exposure to loss may ocm~r, the Owner shaft fide wit~ ~e Contm~or ~ copy of ~ poilu' ~[ mdud~ ~u~cc covemg~ cequ~ed by ~ ~p~ [ i.~. ~ch pokey sh~ con~ ~ gene~y ~pg~bie con~o~, de~- pofl~ sh~ con~ a p~v~ion ~ ~e ~H~ w~ ao~ be ~cefled or ~lowed ~o e~ke ~ ;[ t~ }0 ~ys' pmor 11,3.7 Waivers of Subrogation. The Owner and Commctor waive ~ ngh~ ag,:m~s~ (t) ~ other. :nd any of the~ su~con- other, and (2) r~e .(redirect, Atcffutect's cortsuitan~. ~rate con£mctors d~cnbed ~ .~de 6, ~ ~y. ~d ~y of ~e~ ~b- prope~y msu~ce ob~ed puget ~o this other p~ope~ ~u~c~ ;~gii~bie ~o ~ Work, ~xc~[ such ~i~ ~ choy h~ve ~o proc~ of such insurance he~d by by ;ggropo~e agreement, wnnen where [~y ~equire~ for ~[ed herein. The polJc!~ s~ g~vide such wmve~ of sub ~o- had ~ insurable m[e~[ Jn th~ g~ge~y ~uged. 11.3.8 A' [oss irmured under Owner's property c~5um, nce sh:fll be adiusted by Owner ~ ~duc~ for ~e ~. app~, subiec~ to ~quir~cn~ of ~y ~pplic~ble mo~g~ da~e ~d of Subp~m~ph II 3.~0. ~e Commctar sh~ pay where ~e~ly requ~ed ~or v~i~[y, sh~ req~c 5ubcontmc:o~ 11,3.9 if required in wnting by a party, in inmr~[. ~c Owner 11.3.10 The Owner as fiduciaz7 sh;lfl have power to adjust :.nd re=de. 2rbittator~ sh~fl ~ chosen ~ prov~ac~ in P~=ph The Owner ~ rlau~ s~. in r~ c~e, ~e settlement with ~ m accor~ce with ~r~om of ~ ~bi[mto~, ff ~c ~bi[m~om WIE d[rec= su~ ~buuon. 11.3.11 P~ occup~ or ~e ~ ;ccor~ce with p~i~ p~vid~g prope~ [~u~ce h=ve con~med [o su~ p~ oc~p~ or ~ by ~dom~mem or o[he~ise. Own~ ~d the Commc:or sh~ ~e e~on=bie steps co ob~ 11.4 P~RMAN~ ~ND AND PAYM~T BOND 11.4.1 ~e Owner s~ ~ve ~e n~ ro ~quire the ~or ~o ~m~h bo~ coveting ~i p~o~ce of the Con- tm~ ~d p=~em of ob~non8 ~mg ~ereund~r ~ I=[~ ~ bid~g eeq~m~u or specify required 11.4,2 Upon the :equ~[ of ~y pe~on or ~dry ;pp~g be a pc)ten~ bencfic~ of bon~ cove~g payment or' ob~- ~mmh a copy of thc bon~ or sn~ pe~it a copy to ~e ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK " 12,1.1 If a pomon of the Work is covered contrra'y :o :ne A£cm/ecr'~ requmt or co requiremenr, s spec±rlcztly expre:~s¢'c tn me Contmc: Documents, it must. if reqmre,_[ in writing by me 12.I.2 ff a pomun of the Work has bern c~wered which lng and replacement s-hall, by appropriate Change Order. be 12.2~. If. within one year after the date of Substantial Comp~e- A201-1987 21 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 Ar[icle of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words. "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADO: .7 Liabilify insurance shall inctude all major divisions of coverage and be on a ccmprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations . Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for Contractor's obligations under Paragraph 4.18. Owned, ;~on-owned, and hired motor vehicles. Broad form coverage for property damage. the 11.1.2 ADO: ... The Contractor shall furnish insurance with the following minimum timits: .1 Workers' Compensation a. State and Federal: S[atutory b. Employer's Liability $100,000. .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Inju~,/: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned pedod. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,0(~0 Aggregate. Comprehensive Automobile Liabiti~ (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 4,317 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal hereinafter called Contractor, and, as SureW, hereinafter called Surety, are held and firmly bound unto ~s Obiigee, hereinafter called Owner, in the amount of - Dollars (S ), for the payment whereof Contractor and Surety bind themselves, their heirs, ~'<ecutors, administrators, successors and assigns, jointly and severally, firmly by these pre~en~s. WHEREAS, Contra~or 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. PERFORMANC BOND said Contract, Ihen this obligation snail be null .lad void; otherwise it shail remain m iuil force and e~ect. Whenever Contractor shail be. and declared bv Owner Io be ~n defautt under (he Contr:~c:, the Owner hawn§ per'~orrned Owner's ooiisations :hereunder, :he Surety may promady remedy ~he default, or shall promptly 1) Complete. the COntrac: ;n accordance with ks :erms 2) Obtain ~ bid or bids For comoletin8 the Contrac: in :esmination by 5ure~ oi :he lowest responsible bidder, or, i~ ~he Owner eJec:s, upon determination by :he Owner and the 5ure~ ]oindy of :he Jow~t r~ponsible bid~r, arrange for a contact be~een such bidder and Owner, and make available as Work p~gr~ses (even though :here should ~e a deiault or ~ succession oi defaults under Ihe contract or contracts oi comoleiion Si§ned and sealed this day o~ 19 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A377 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: chat as Princioai hereinafter called Principal, and, as Sure,W,, nereina'ter called Surety, are .e.d and firmly bound unto as Obii§ee. herematter called Owner, ~or [he use and benefit af claimants as hereinbeiow defined, in :he amount of For the payment whereoi Principal and Sure~y bind themselves, Iheir heirs, executors, administrators, successors and assi~jns, jointly and severally, firmly by these presents: WHEREAS, Princic~al has by written agreement dated 19 , entered into a contract with Owner for in accordance with Orawin§s and Soecificadons prepared by · vhich contract ~s by reference made i part hereof, and is hereinafter referred :o as the Contract. 3 LASO IAND MATERIAL PAYME BOND 1. A claimant is defined ,is one havin§ a d~'ect con- 2. The above named Principal and Surety hereby ioindy and severally agree with ihe Owner that even., ctaimant as herein defined, who has not been paid in full before Ihe expmrat~on of a period al; ninety ~90) days"~fter lhe date on which the last of stJch claimant's work or labor was done or performed, or materials were furmshed bv such claimant, may sue on :his bond for the use Of ~uch claimant, prosecute the su~t ~o final ~udgment ior such sum or sums as may be jusdy due claimant, and have execution thereon. The Owner shail not be liable Car the cayment o~ any oasis or expenses o( any such ~uit. by any claimant: a} Unless claimant, other ~hon one having a direct notice to any ~wo of the following: [he Principal, the Owner, or the Sure.w, above named, within mnet¥ (90) days after such claimant did or performed the last of ~or 'which said claim is made, staung wilh substanlial shall be ser,,,ed by mailing the same by registered mail legal process may be set. ed in :he slate ]n whtch the not be made bv a public o6"icer. b) After the expiraUon Of one (1) year following the date on which Print:pal ceased Work on said Contract, it bern§ understood, however, chat i¢ any limi(alion em- bodied in this bond is prohibited by any law conrrollin~ the construction hereof such lim~atinn shall be deemed ro be amended so as :o be equal ~o ~he mm,mum period o¢ Hmi:ation permitted by such law. c) Other than ;na irate court O~ competent jurisdlc:ion in and ~or the county or other ooiitic~l ~ubdivision o~ situated, or in :he Umred Slaces Cismc: Court ~or ~he 4. The amount o( Ih,s bond shall ;e reduced bv and mechanics' liens which may be filed of record ag,:unst pi such llen be presented under and a§ams: this bond. Si~ned and sealed this day of 19 4 A I N S T I T U T E A R C N ! % ~ C T S AIA Document A I O1 Standard Form of Agreement Between Owner and Contractor where the basis of payment: is a STIPULATED SUM 1987 EDITION THIS DOCO34ENT HAS IMPORTA~'IT LEGAL CONSEQUENCES; CONSULTATION WITH ATTOR,VEY IS E.¥COURAGED WITH RESPECT TO ITS COblPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201. General Conditions of the Contract for Cottstruction, ~s aclopced tn tDi$ dOCUment by reference. Do not use with other general conditions zotles~ t~s doc'~tment ts modified. Th~s document ha~ been approved and endorseci by The :tssocm. ted Gene, al Contractors of ,tmerica, AGREEMENT made as of the 13th Nineteen Hundred and Ninety-Seven day of May BETWEEN the Owner: the Town of Southold, 53095 Main Road, P.O. r,';ameandaadressJ Southold, New York 11971 in the }'ear of Box 1179, and the Contractor: Dome Corporation of North America, 5450 East Street, (:Vameanaaa~ss~ Saginaw, Michi gan 48601 The Project is: Construction of a pre-fabricated "Dome Type" Salt/Sand Storage Building at the Southold Town Highway Department, Peconic Lane, Peconic, New York The Architect is: Town of Southold Engineering Department The Owner and Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement. Conditions of the Contract (General. Supplementary and other Conditions}. Drawings. Specifications. addenda issued prior to execution of this Agreement. other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as ~lly a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negouauons, representations or agreements, either written or oval. An enumeration of the Contract Documents. other than 3,[odificatiofls. appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the enttre Work described in the Contract Documents. except to the extent spec~cally indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3 2 is measured, and shall be the date of this Agreement. as first written above, unless a clifferent date is stated below or provision is made for the ,date to be fLXed in a notice to proceed issued by the Owner. Fifteen (15) calendar days after Notice to Proceed. Unless the date of commencement is established by a notice to proceed issued by the Owner. the Contractor shall not~; the Owner m writing not less than five days before commencing the Work to permit the timely fflthg of mortgages, mechanic's liens and other security interests. 3.2 The Contractor sh~ achieve Substantial Completion of the entire Work not later daan the date specified in the Proposal, but not less than sixty {60} working days , subject to adjustments of this Contract Time as provided in the Contract Documents A101-1987 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor m current fi.mU for the Conm~ctor's performance of the Contract the Cont.~ct Sum of Fifty-Nine Thousand Nine Hundred Thirty-Two and no/100 ................. _Dol]~zs ($--59,932.00 ............................ ), subject to additions and deductions as provided m the Con- tract Documents. 4.2 The ConLm~ Sum is based upon the following a~temates, if :my, which Ye described in the ConLmct Documents and ate hereby accepted by the Owner: 4.3 Unit pric~. :f .m?-, are ~ 5oilows: A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Base~. -~pon Applications for Payment submitted to thc Mchitect by thc Contractor and Cer[itlcat~ for Payment issued by thc .~chitect. the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and eBewhere tn, the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calenctar month ending on the tast day of the month, or as follows: 5.3 Provic~ed an Application for Payment ~s received by the Architect not later than the day of a month, the Owner shaft .make payment to the Contractor not tater than the day of the month. If an Application for Payment is received by the Architect :offer the application date fixed above, payment shall be made by the Owner not tater Gan days .flier the .~a-chitect receives the Application for Payment. 5.4 Each Aoplication ~E,r Paymem shall he based upon the schedule of values submitted by the Comractor in accordance with thc Contrac: Documents The schedule of ~'alues shall allocate the entire Cotltract Sum among the various portions of the .md be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule. unless obiec:ed EO bY the Architect. shall be used as a basis for reviewing the Contractors Applications ~or Payment. $.$ Appiidat]ons for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by :he Appiication fbr Payment. $.$ gubiec: to the provtsion5 of the Contract Documents. the amount of each progress payment shall Be computed as follows: S.$.1. Take :hat portion of the Contract Sum property allocable to completed Work as determined by multiplying the percentage completion of each portion of the \xib rk by the share of the total Contract Sum 'allocated to that pomon of the \'(~ r k in the scheduie of values, :ess retalnage of percer'~t % i. Pending final determination of cost to the Owner of changes in the Work. amounts not in the dispute ma)' included as provieect in Subparagraph 7.3.- of the General Conditions even though the Contract Sum has not yet Been adiusted by Change Order: 5.8.5' ACC. :~.at portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at ~-lte (or suesequent incorporanon in the completed construction (or. if approved in advance by rhe Owner. suitaDl,:- stored off the sire at a location agreed upon ~n wrking), less retamage of percent ~ %); $.B,$ guorract the aggregate of previous payments made by the Owner: and $.$.$,, 5uotract anqounts, if any. for which the .gchitecr has withheld or nullifietl a Cerdllcate for Payment as provided tn Para- grapb 95 of the General Conditions. 5.7 The progress payment amount derevmmed m accordance with paragraph 5.6 shall be Mrtber moc~ied under the following circumstances: $.7.1 A~d, upon 5~hstantlal Completion of the Work. a sum sufficient to increase the total payments to percent { %) o~ the Contract Sum. !ess such amounts as the .~ct'fitect shall determm, e for incomplete Work and unsettled clmms; and $.7'.2 AcC. if final completion o( the Work is thereafter materially delayed through no fault of the Contractor. any additional ~wnount= ?arable in accordance with Subparagraph 910.3 of the General Conditions. ~.8 Rcduc:~on or timitanon of rettanage, if any. shall he as follows: A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to [he Contractor when (i) the Contract has been fully performed by the Contractor except for the Contractor's re:ipor~ibdity ~o correct nonconforming Work as provided in Subparagraph 12.2.2 Of the General Conditions and to satis~, other requirement, tf any, which necessaxfly survive f'mal payment; and (2) a ~"mal Certificate for Payment has been issued by the .~chitect: such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate ['or Pa'~ment. or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conc~tion~ or an, other C2~.rtact Document. thc ref- erence refers to that provision as amended or supplemented b'? other provisions of ~he Cont=ct Dcc~enm. 7.2 Paymen~ due <d unpmd under the Contract sh~l bear interest ~?om ~e ~te pavm~t ~ due ~ :v.e =te stated below, oc in the absence thereof, at ~he [egM rate prevmiing from time ~o ume at the place where :he Pm~ec: ~ ~c<:ted. 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPE[NSlON 8.2 The Work may be suspended by the Owner as provided ~ A~dcie l.~ o~' the Gene:al A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contrac~ Documents. except tbr 5lodific'J. tiolL5 issued after execution of this Agreement, arc enumerated as follows: 9.1.1 TneAgreement ~sthtsexecuted$~ancLardFormoi.~greement Between Owncr and Contractor, .-xiq Document ^10 i. 1987 Edition. 9.1.2 The General Conditions are the General Condmons of the Contract for Cortstruction, .MA Document .~2.01, 1987 EcLition, 9.1.3 The Supplementz~' and other Conditions of the Contract are those contained in the ~X,x:~.aa.:~teaXCl~e.~ Bid Specification dated April 9, 1997, , and are as follows: Doc-..tm ent Title P~g~s 9.1.4 The SpeciScat~ons :ire those conta/ned in me Project Ma.nuai dated as in Subp~gr~ph 9 1.3. ~d are as follows: Section Title Pages A101-1987 6 9.1.5 Thc Dr'a~xing,s are ,[~ t~)llo~s, and are dated Number Title Date 9.1.~ Tla~ :uxJcnda. if any are us Number Date Pages A101-1987 7 9,1.7 Other documents, if mx'. forming parr of the Contract Documents are as follows: Contractor's Bid dated May 8, 1997. This Agreement is entere0 into as of the day and year fa'st written above and is execute0 in at lea.st three original copies of which one is to be delivered to the Contractor. one to the Architect for use tn the administration of the Contract. and the remainder to the OWNER CONTRACTOR /Stgn~,ure~ (StgnatttreI Jean W. Cochran, Supervisor Ross A. Lakt~. Prasident A101-1987 8 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 May 20, 1997 Bulk Storage, Inc. 28101 S. Yates Avenue Beecher, Illinois 60401 Gentlemen: The Southold Town Board, at a regular meeting held on May 13, 1997, accepted the bid of Dome Corporation of North America, in the amount of $59,932.00, for furnishing and constructing a prefabricated circular "Dome Type" structure for use as a Salt/Sand Storage Facility at the Southold Town Highway Department. Returned herewith is your 5% bid bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AM ICAN INSTITUTE OF AI HITECTS BOND .,11.4 Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we SULK STORAGE, INC. 28101 S. YATES AVENUE BEEC~..~ I~ 60401 ffl~e ~fullnam~.andaddams~le~ltitleof~) as Ptinoipal, he~inat~r oared the Prinoipal. and INTERNATIONAL FIDELITY INSURANCE COMPANY o~ ~rgw~ cz~rg~ agr~ gLOOg acorporationdulyorganizedundexth~lawsoftlgStat~of NEW JERSEY asSurCq, h~rc. alled the Surety, ar~ h~ld and firmly bound unt~ SOUTHOLD TOWN HIGHWAY DEPARTM~.NT p~2ONIC~ LAK~ NY 119~ (Here itm~t full nm~ ,md addn~ ~ le~l titlo ~'Ovn~) a.~Obligee, hereinafter called the Obligee, in the sum of 5 % OF BID AMOUNT NOT TO EXC~I~ THREE THOUSAND ~ HUNDRED AND 00/100 Dollars ( $ 3,500.00 ), for thc payment of which sum well ~d truly to be made, the said Principal and thc said Sm'cry, bind ourselves, our heirs, executors, ~lministrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, thc Principal has submitted a bid for CONSTRUCTION OF A 40' DIAMETER SALT STORAGE DOME NOW, THEREFORE, if the Obligee shall accept the bid of ~ Prindxpal and the Prinfxpal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and suflleient surety for the faithfixl performance of such Cona'aet and for the prompt payment of labor and material fiamished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the differeaaee not to exceed the penalty hexeof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to mmufin in full force and Signed and sealed this Sth day of May 1997  BULK STORAGE, INC. ~-~ (Witness) ~ INTERNATIONAL FIDELITY INSURANCE COMPANY GLENN A. E'~ANS, ATTORNEY-IN-FACT AIA ~ A.310 BID BOND AIA~) FEBRUARY 1970 ED THE AMERICAN INS ITI~TE OF ARCHITECTS, 1735 N.Y. AVE. N.W. WASHINGTON, D.C. 20006 WARNING: Unli~mmmd p~ violate~ U.S. c°Py~t lstws and is s~ to I~nl p~meo~tioo. T.1, 2o! 6'i4-7 oo PO ER OF ATTORNEY INTERNATIONAL'FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, end having Its principal office In the City of Newark, New Jersey, does hereby constitute and appoint GLENN A. EVANS, CARL R. SGARIOTO SOUTH HOLLANDf IL. its true and lawful ettomey(s)-in-fect to execute, seal end deliver for and on its behalf es surety, any and ell bonds and undedakinga, contracts of indemnity end other writings obligatory tn the nature therof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or cthenvise, and the execution of such Instrument(s) In pursuance of these presents, shell be es binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully end amply, to intents and purposes, es if the same had been duly executed end acknowledged by Its regularly elected officers et 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-Sectton 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called end 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-in4ect, and to authorized them to execute on behalf of the Company, end attach the Seal of the Company thereto, bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof end, (2) To remove, et 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 st · meeting duly celled and held on the 29th day of April, 1982 of which the following Is · true excerpt: Now therefore the signatures of such officers end the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, end any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid end biding upon the Company In the future with respect to any bond or underteklng to which it Is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this Instrument to be signed end its corporate seal Io be affixed by its authorized officer, this 1st day of May, A.D. 1991. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY Courtly of Essex Executive Vice President On this 1st day of May 1991: before me came Ihs Individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said that he Is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said Instrument Is the Corporate Seal of said Company: that the said Corporate Seal end his signature were duly affixed by order of the Board of Directors of said Company. STATE OF ILLINOIS COUNTY OF COOK i, ~(.;~)_il.dil~ a Notary Public in and for t~e state and county aforesaid, do hereby certify that Glenn A. Evans of South ~ who b perseoally known to me, appeared before me this day and acknowledged that he signed, sealed and delivered the foregoin~ instrument as his free and volunta~ act as ~ttomev-'m-Fact of the International Fidelity Insurance ~ and as the free and voluntary act of the lntemationnl Fidelity Insurance Comoanv for the uses and purposes Given under my hand and Notmial Seal this NOTARIAL R.IRAT 8th day of May , A.D. 19 9Z // Notary Public (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 matedat men, the following surety: INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY COMPANY Signed: (idder) ~ CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said Bulk Storage, Inc. __ the International Fidelity Insurance Co~pany (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. AuthOriZed Official, Agent or Attorney Glenn A. Evans, Attorney-in-Fact Date: ,,May 8, 1997 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. PREFABRICATED DOME SALT SAND STOP, AGE BUILDING .G-1 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOU~'HOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 13, 1997: RESOLVED that the Town Board of the Town the bid of Dome Corporation of North America, for furnishing and constructing a prefabricated circular structure for use as a Salt/Sand Storage Facility at Department, all in accordance with the bid specifications. of Southold hereby accepts in the amount of $59,932.00, "Dome Type" the Highway f-- Judith T. Terry ~ Southold Town Clerk May 14, 1997 PROPOSAL FORM DATE: May 8, 1997 NAME OF BIDDER: Dome Corporation of North America TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: April 9, 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: PREFABRICATED "DOME TYPE" SALT SAND STORAGE FACILITY TOWN HIGHWAY, PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: PREFABRICATED DOME SALT SAND STORAGE BUILDING D~I FURNISH AND CONSTRUCT A PREFABRICATED CIRCULAR "DOME TYPE" STRUCTURE FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED IN THE SPECIFICATIONS. THE TOWN OF SOUTHOLD SHALL FURNISH THE ASPHALT MAT FOUNDATION AND THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BUILDING IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Fifty nine thousand nine hundred thirty two dollars and zero cents (wri~en inwards) $59,932.00 (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: Dome Corporation/¢f North America 5450 East Street Saginaw, Michigan 48601 Telephone Number: Date: May 8, 1997 517 777-2050 PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder 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. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this cer[ificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Res01vedthat Dome Corpora%iota ~f ~,nrfh Arr~r~,-,~ (Ross A. Lake) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Construction of a Prefabricated "Dome Type" Salt Sand Storage Building @ Southold Town Highway Department, Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September ~J, 1965 21st day of Hay ,19 96 PREFABRICATED DOME SALT SAND STORAGE BUILDING E-1 CERTIFIED COPY OF RESOLUTIONS OF DOME CORPORATION OF NORTH AMERICA The undersigned, hereby certifies that she is the duly authorized Secretary of the above corporation and is charged with the keeping of the Minutes of the said corporation and of its Seal; that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of the corporation which resolution is now in full effect and has not been rescinded or amended: Elects Ross Lake, President of the corporation in charge of construction with authority to submit bids for construction projects and to execute construction contracts on behalf of the corporation. WITNESS my hand and seal as Secretary and the seal of the said corporation this 21st day of May, 1996. Bette Pawlanta, Corporate Secretary NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Dome Corporation of North America (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work under the contract: carpenter and labor ;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: carpenter and labor ; 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: carpenter and labor ; 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 certificatign.requ~d by these Bi~c'.//erlditions. (S~f~n~ture of Authorizgd Representative of Bidder) PREFABRICATED DOME SALT SAND STORAGE BUILDING F-1 Dome Corporation of North America 5450 East Street Saginaw, Michigan 48601 (517) 777-2050 (517) 777-3477 Fax May 8, 1997 RE: Guarantee Dome Corporation of North America has a one year guarantee on the building material and installation. There is a five year guarantee on the roof. The roof guarantee includes material and labor. Sincerely, d Ross A. Lake, President Dome Corporation of America References Mr. Ron Scott Commonwealth of Kentucky Division of Real Property 1219 Wilkinson Blvd. Frankfort, Kentucky 40601 (502) 564-3040 Mr. Marv Stransky Stearns County Highway Department P.O. Box 246 St. Cloud, Minnesota 56302 (612) 255-6180 Mr. John Farley St. Louis County Missouri 121 South Meremac Clayton, Missouri 63105 (314) 997-1167 Salt/Sand Storage Buildings - (12 Domes) July 1995 - November 1995 - Domes 4 - Domes during 1996 4 - Domes during 1997 Salt/Sand Storage Buildings - (6 Domes) 1995-1996 Salt Storage Building - (1 Dome) 1992-1993 BOND # 299 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, DOME CORPORATION OF NORTH AMERICA 5450 East Street, Saginaw, Michigan 48601 as Principal, hereinafter called the Principal, and MARYLAND, of Baltimore Maryland FIDELITY AND DEPOSIT COMPANY OF a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto 53095 Main Road, Southold, New York 11971 Town of Southold, as Obligee, hereinafter called the obligee, in the Sum of Five Percent of the attached 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 Dome - Peconic, New York NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Qbligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of May 1997. FIBy~~NDDEPOST, C 'ANY OFM R LAND Kathleen C./ I~m~edy/,, Attorney- In-Fact AIA DOCUMENT A310. BID BOND. AIA. FEBRUARY 1970 ED. THE AMERICAN INSTITUTI~ OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF SAGINAW On this 8th day of ~ay , in the year of 1997, before me personally came Ross ~ake to me known, who, being by me duly sworn, did despose and say (s)he resides in Prankenmuth ; that (s)he is the President of the DOME CORPORATION OF NORTH AMERICA , the corporation described in and which executed the foregoing instrument; that (s)he knows the corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by the order of the Board of Directors of the said corporation, and that (s)he signed his name thereto by like order. -NOTARY PUBLIC BETTE PAWL^~TA, NOTARY SAC-tf4A¢! COUNTY, MI ~,~V O0LL,'.,:~.:J~;,:;,~ EXPIRES 03-28-01 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this 8th day of May 1997, before me personally came Kathleen C. Kennedy to me known, who being by me duly sworn, did depose and say, that (s)he resides in Buffalo, N.Y.; that (s)he is an Attorney-in- Fact of Fidelity And Deposit Company of Maryland the corporation described in, and which executed the within instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that (s)he signed his name thereto by like order. NOTARY PUBLIC Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME O~CE, ~,LTIMORE, MD KNOW ALL MEN BY THESE PR.E~ENTS: That the i~DELiTY ~ DEPOSIT COMPANY OF MARYLAND, a cor[~orafion of the Statu of Maryland, by C. M. PECOT, JR., Vice~Presiden[. and C. W. ROBBINS, Assistuat Secretary, m pursuance of anthority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side her=of and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Kathleen C. Kennedy, Christopher Ross and Robert L. Suglia, all of Buffalo, New York, ~EACH .................. ~gent and Atu)mcy-th-Fact. to ~ver,~go~ 9n ils behalf as surety, and as ils act and deed: any and all bonds and undertakings ..... ~ .................. ~g upon said Company, ~ fully and o e _of e come.ay ~okes that ~ssued- ob. The said Assistant Secretary does berehy certify( ~-~ae ex~rth on the reverse side hereof is a true copy of Arucle VI, Section 2, of the By-Laws of said Company, and ~s .~.~'~-fi~rce. ,qj C.- I~ WITNESS WHEREOF, the said Vice-~nt and ~s~'~aynt Secretary have bereanto suh~c~b~i their names a~d affixed the Corporate Seai of the said FIDELFrY AN~DEPOSIT CO~Lh~I~'Y OF ~V~.RYLA~',rD, this_ .c,* tt't _ .day of Novetuber , A D 19 9.8~% O~ ~s. 16. t..h__.day of. ~ovetub~r . A.D. 19_9.~6, before ~e subsc~r, a No~ ~b~c of ~e Sm~ of M~I~, d~y co~ssion~ ~d q~, ~e C. M. PECOT, ~R., Vice-~ident ~d C. W. ROBB~S. Ass~t S~re~ of DE~Sff CO~ OF M~N~, to me ~y ~o~ to ~ ~e m~d~s ~d o~ce~ ~d~ ~ ~d who ~ ~e ~g ~ment, ~d ~ey ~ch-ac~owi~g~ ~e ex--don of ~e s~e, ~d ~mg by me d~y sworn, seve~y ~d ~ch for ~eff de~ ~d s~, ~t ~ey ~e ~e ~d o~ce~ of~e Comply ~o~d, ~d ~t ~e s~ ~ to ~e p~g ~ent is ~e Co~r~e Se~ of s~d Comply, ~d ~at ~e s~d Co~mte ~ ~d ~e~ si~a~s ~ such o~ce~ were d~y ~ ~d subscd~ to ~e s~d ms~ent by ~e an~ofi~ ~d ~on of ~e ~d Co.ration. ~ TE~O~ WHE~OF, I ~ve here~to set my h~d ~d ~ my O~ci~ ~ ~e ~y ~ y~ fi~t a~ve w~en. My Co~ission Expires_~.~_~ .................. I, ~e undemi~, Ass~t S~re~ of ~e ~EL~ ~ D~S~ COMP~ OF M~, ~ hereby ~ ~ ~e o~g~ Power of A~omey of wMch ~e lo.gong is a ~1, ~e ~d co~t copy, is ~ ~ force ~d eff~ on ~e ~te of ~s testate; ~d I do ~er ce~ ~t ~e Vice-Pr~i~nt who ex~u~ ~e s~d Pow~ of AEomey w~ one of ~e a~fio~ Vice-~sid~B s~y au~o~ by ~e B~ of D~tom to ap~t ~y A~omey-m-Fact ~ p~vid~ in A~cle ~, ~on 2, of ~e By-~ws of ~e ~E~ ~D DE~S~ COMP.~ OF M~D. ~s Ce~fi~te ~y ~ si~ by ~s~e ~r ~d by au~ofi~ of ~e foflo~g resolu~on of ~e ~ of D~to~ of ~e ~E~ ~ DE~8~ COMP~ OF ~YL~D at a mee~g fl~y c~ ~d held on ~e 16~ ~y of J~y, 1969, ~OL~D: "~ ~e ~e or ~y ~c~ si~ of ~y ~s~t S~ of ~ Co~y, wh~ ~ be~fom or herder, wherever ap~g u~n a ce~ copy of ~e Comply wi~ ~e ~e force ~d effect ~ ~ough ~y ~." ~ ~S~ONY WHE~OF, I ~ve bere~to sub~fib~ my ~e ~d ~x~ ~e coyote s~ of ~e ~d Comply, ~s 8th ~y of___.~v ................ 19~7. ~2~ -[32-6800 EXTRACT FROM BY-LAWS 'OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presiden~s specially authorized so to do by t~e Board of Directors or by the Executive Comamttee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidenm and A~omeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, s~/pulafions, policies, contracts, agreemeats, deeds, and releases and assignments of judgements, decrees, mortgages and inswaments in the nature of mortgages,.., and to affix ~he seal of the Company FIDELITY A_ND DEPOSIT COMPANY P.O. Box 1227 · B~r!~o~,~, IvID 21203 Statement of Financial Condition As Of December 31, 1996 ASSETS Bonds ........................................................................................... $ 347,347,834 Stocks ........................................................................................... 220,540,863 Real Estate ...................................................................................... 2,894,865 Cash in Banks and Offices and Short Term Investments ......................................... 103,426,894 Premiums in Course of Collection (less than 90 days old) ....................................... 30,153,928 Reinsurance and Other Accounts Receivable .................................................... 42, I 89,372 To'r~ An~,m ~r.u ASSETS ...................................................................... $ 746,553,756 LIABILITIES, SURPLUS AND OTI-IER FUNDS Reserve for Unearned Premiums ................................................................ $ I52, I80,2924 Reserve for Claims and Claim Expenses ......................................................... 260,577,883 Reserve for Taxes and Expenses ................................................................. 9,615,949 Miscellaneous ................................................................................... 33.475,264 TOT.~ L~a~mrrms ............................................................................ $ 455.849,320 Capital Stock, Paid Up ........................................................ S 5.000.000 Surplus ........................................................................ 285.704.436 Surplus as regards Policyholders ................................................................ 290.704,436 TOT. X[ ....................................................................................... $ 7,/.6.553,756 Securities camed at $2.~,D. 1,000 tn the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1996 market quotations for all bonds and stocks owned, the Company's total admitted assets would be 5750,525,551 and surplus as regards policyholders $294,676,23 l. I, Jos~n .[. G~.t.~om~ Treasurer of the Irm~J'r~ ~ D~=osrr CoMe'am' OF .M.a~. do hereby certify, that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 1996. State of Maryland } City of Baltimore SS: Subscribed a.nd sworn to, before me, a Notary' Public of the State of Ma~, lane[ n the Crv of Baltimore this 3 st da',, of Dec~mbcr, 996 My ¢~,.mmission expires June 3, 1997 7 PROPOSAL FORM DATE: 5/6/97 NAME OF BIDDER: Bulk Storage Inc. 28101 S. Yates Ave., Beecher, IL 60401 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: April 9, 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: PREFABRICATED "DOME TYPE" SALT SAND STORAGE FACILITY TOWN HIGHWAY, PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-1 FURNISH AND CONSTRUCT A PREFABRICATED CIRCULAR "DOME TYPE" STRUCTURE FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED IN THE SPECIFICATIONS. THE TOWN OF SOUTHOLD SHALL FURNISH THE ASPHALT MAT FOUNDATION AND THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BUILDING IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Sixty seven thousand seven hundred seventeen and 00/100 (written in words) $67,717.00 (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 secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. Signature of Bidder: Business Address: We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Beecher, IL 60401 708-946-9595 Telephone Number: 5/6/97 Date: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1. 1966, every bid or proposal hereafter made to a political subdivision of the State of any public depar~'nent agency, or official thereof or to a fore disthct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a cerdfied ~py of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Bulk Storage Inc. be Resolved that (Name of Cor~oraMon) authorized to sign and submit the bid or proposal of this oorporation for the following Project: Construction of a Prefabricated "Dome Type" Salt Sand Storage Building @ Southold Town Highway Department, Peconic Lane, Peconic, New York 11958 and to inciude 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 Bulk Storage Inc. 6th dayof May ,1997 (SEAL OF THE CORPORATION) Laws of New York. 1965 Ch. 731, Sec. 10,34, ag ~menMed effec=ve _~eptember 1, 1965 PREFABRICATED DOME SALT SAND STORAGE BUILDING E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work under the contract: I Electric 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: Electric ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minodty man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification requ*r.e.d by these Bid Conditions. (Signature of Authorized Rep~.e~entative of Bidder) PREFABRICATED DOME SALT SAND STORAGE BUILDING F-1 COMPLETED PROJECTS St. Charles County St. Charles, Missouri Dome size 61' diameter Rich Pieper 214-944-7305 Village of Hawthorn Woods Hawthorn Woods, Illinois Dome size: 51' diameter Russ Jensen 708-540-5227 Town of Roselle Roselle, Illinois Dome size: 51' diameter Robert Burns 708-980-2020 Indiana Dept. of Highways Wabash County Dome size: 75' diameter Keith Saville 317-232-5511 MO Highway & Trans. Commission Boonville, Missouri Dome size: 51' diameter Jack Shipman 816-882-2860 Kansas Department of Transportation Topeka, Kansas Dome size 51' and 61' diameter Don Shultz 913-233-9367 Ohio Department of Transportation Richwood, Ohio Dome size: 61' diameter Sam Miller 614-363-1251 USAF Reserve, TAG 928th Chicago, Illinois Dome size: 61' diameter Paula Albert 312-825-6082 MO Highway & Trans. Commission Festus, Missouri Dome size: 62' diameter Dan Ray 314-937-1274 MO Highway & Trans. Commission Sunset Hills, Missouri Dome size 65' diameter Denis Bigley 314-966-3800 Village of South Russell South Russell, Ohio Dome size 61' diameter Wally May 216-338-3891 Indianapolis Airport Authority Indianapolis, Indiana Dome size 61' diameter David Fleet 317-487-5025 Illinois Department of Transportation Rock Falls, Illinois Dome size 72' diameter Klm Jones 217-782-8155 City of Burbank Burbank, Illinois Dome size 51' diameter Jim Seller 708-499-2506 Bulk Storage Inc. 28101 South Yates Beecher, Illinois 60401 Phone: 708/946-9595 · Fax: 708/946-7898 Exclusive Distributors for (~® Domes America THE AI RICAN INSTITUTE OF A CHITECTS BOND # 94644296-18 /dA Documem A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we BULK STORAGE, INC. as Principal, hereinafl~ called the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY o~'~ ~wAm< c'm~rr~, ~ora fLOOR ,~mW~, SJ O~laa a corporation duly organized under the laws of the State of NEW JERSEY as Surety. heremafiar called the Surety. are held and firmly bound uato SOUTHOLD TOWN HIGHWAY DEPARTMENT P~-~ONIC LAK~ NY 119fl~ (l~m in~t fidl mm~ ~ml adam ce I~ title c/Owr,~) as Obligee, he~a~:r called the Obligee, in the sum of 5 % OF BID AMOUNT NOT TO EX(:t-.~'.~ ) THREE THOUSA/~D FIVE HUNDRED AND 001100 Dollars ( $ ~,500.00 ), for the payment of which sum well and truly to he made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jomtty and severally, firmly by these preseacs. WHEREAS, the Principal baa submitted a bid for CONSTRUCTION OF A -10' DIAMETER SALT STORAGE DOME NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall eater in~ a Contract with the Obligee in accordance with the terms of such bid and give such bond ur bonds as may he specified m the bidding or Contract Documents with good and sufficient surety fur the faiflfful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, ur in the event of thc failure of the Principal to eater such Contract and give such bond or bonds, if the Principal shall pay to the Oblig~e the difference not to exceed thc [~-'nalty hereof between the amount spo:itled in said bid and such larger amount for which the Obligee may in good faith contract with mother party to perform the Work covered by said bid then this obligation shall he null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of May 1997 .{/r~ BULK STORAGE, INC. I/'~ITERNATIOHAL FIDELITY INSURANCE COMPANY '(Wi~) GLENN A. EVANS, ATTORNEy-IN-FACT AIA I)OCUMENT A~I0 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AV~, N.W. WASHINGTON, D.C. 20006 WAP,_NING: Unlic~m~i I~ violaU:s U.S. copyright laws and is mbj~ lo legal (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 matedal men, the following surety: INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY COMPANY Signed: CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposat is accepted and the contract for the work is awarded (o said Bulk Storage, Inc. the International Fidelity Insurance Company (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Auth6rif, ed Official, Agent or Glenn A. Evans, Attorney-in-Fact Date: May 8, 1997 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. PREFABRICATED DOME SALT SAND STORAGE BUILDING G-1 ie'L (20.!j$24-72,00 PO [ ER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07f02-8207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: Thai INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of lhe State of New Jersey. and having Its principal office in the City of Newark, New Jersey, does hereby constitute and appoint GLENN A. EVANS, CARL R. SGARIOTO SOUTH HOLLAND~ IL. ils 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 end other writings obligatory in the nature therof, which ere or may be allowed, required or permitted by law, statute, rule, regulation, contract or othe~dse, and the execution of such Instrument(s) In pursuance of these presents, shall be aa binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, es if the same had been duly executed and acknowledged by Its regularly elected officers e! its principal office. This Power of Attorney Is executed, and may be ce~tlfied 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 et e meeting called end 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 Attomeys-in-fecl, and 1o authorized them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds end undertakings, contracts of Indemnity and other writings obligatory in the nature thereof and, (2) To remove, et any time, any such Attorney-in-fact and revoke the authority given Further, this Power of Altorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors ot said Company adopled at · meeting duly called and held on the 29th day of April. 1982 of which the following Is · true excerpt: Now therefore the signatures of such officers and lhe seal of lhe 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 signalures 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 atlached. 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 Counly of Essex( Executive Vice President On this 1st day of May 1991: before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he Is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY: that the seal affixed lo 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. STATE OF ILLINOIS COUNTY OF COOK 1, ~ a Nomy Public in and for tho state and county afore~id, do hereby certify that Glenn A. Evans of $o~th l:l.9.l~N~[_l~]~ who i~ pemeoally known to me, appeared hefom me this d~y and acknowledged that he signed, sealed and delivered the fore~oina in~mmeat ns his free and voluntary act ns Attorney-in-Fact of tho Intematiunal Fidelity Insurance C _ompanv. and ns the free and voluntary act of th~ International Fidelity Insurance Conmanv for the usea and purposes therein ~t forth. Givea under my hand and No~'ial Seal thia .-- My commission expires NOTARIAL JURAT 8th dayof May ~A.D. 19 97. Notary Public NOTICE TO BIDDERS STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Bore_g2 .... of Mattltuck, 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 for ~ weeks sticcessively, commencing on Principal Clerk Sworn to before me this ~.~ / day of~__lO r~ '7 ~-~l 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 18th day of April 1997, she affixed a notice of which the annexed printed notice is a true copy, in -~ 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, Southoid, New York 11971. Legal Notice, Notice to Bidders, Salt/Sand Storage Building for Highway Department, bid opening: 10:00 A.M., May 8, 1997, Southold Town Clerk's Office. Sworn to before me this 18th day of April 1997. Judith T. Terry f Southold Town Clerk Nbtary Pdblic LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials and equipment for the construction of a Prefabricated Dome Salt/Sand Storage Building 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, upon payment of a $10.00 non-refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with bid security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, May 8, 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 all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Salt/Sand Building", and submitted The bid price shall not include any tax, the Town of Southold is exempt. Dated: April 15, 1997. to the Office of the Town Clerk. federal, state, or local, from which JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 24, 1997, AND FORWARD ONE (1) OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board AFFIDAVIT HALL, PO INVITATION TO BIDDERS: CONSTRUCTION OF A PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK '11958 APRIL 9, 1997 ENG~ ~)EPARTMENT PECONIC LANE PECON CI N.Y. INVITATION TO BID PROJECT: PREFABRICATED 40' DIAMETER "DOME TYPE" SALT SAND STORAGE BUILDING - SOUTHOLD TOWN HIGHWAY DEPT. PECONIC LANE, PECONIC, NEWYORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Prefabricated Done Salt Sand Storage Building located at the Southold Town Highway Department on Peconic Lane, in accordance with the Specifications 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 10:00 AM, Thursday, May 8 , 1997. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: April 15, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk PREFABRICATED DOME SALT SAND STORAGE BUILDING A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written ins'~ruction to all bidders. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G, REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. PREFABRICATED DOME SALT SAND STORAGE BUILDING B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety A ~ I through A- 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E- 1 F-lthrough F-1 AIA Document # A310 G - t through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept, of Labor Regulations AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 1 K- 1 through K- 1 L- 1 through L- ???? M - 1 through M - 2 N - 1 through N -8 SPECIFICATIONS Building Specifications Page t through Page 7 DRAWINGS Framing Plan, Elevation & Details Foundation Plan, Sections & Details Sheet#1 of 4 Sheet # 3 of 4 NOTE: To review a full set of full scale drawings for the 40' "Doma¢' storage building as Mfg. By Dome Corp. Of America, please contact James A. Richter,R.A. at the Southold Town Engineering Office between the hours of 8:00 AM & 3:00 PM The office is located on Peconic Lane, Southold Town Highway Building, Peconic, N.y. 11958 (516} 765 - 3070 PREFABRICATED DOME SALT SAND STORAGE BUILDING C-1 PROPOSAL FORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: April 9, 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: PREFABRICATED "DOME TYPE" SALT SAND STORAGE FACILITY TOWN HIGHWAY, PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-1 FURNISH AND CONSTRUCT A PREFABRICATED CIRCULAR "DOME TYPE" STRUCTURE FOR USE AS A SALT SAND STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE AS INDICATED IN THE SPECIFICATIONS. THE TOWN OF SOUTHOLD SHALL FURNISH THE ASPHALT MAT FOUNDATION AND THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BUILDING IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forb/-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: PREFABRICATED DOME SALT SAND STORAGE BUILDING D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of a Prefabricated "Dome Type" Salt Sand Storage Building @ Southold Town Highway Department, Peconic Lane, Peconic, New York 11958 and to include in such bid or proposal the cer[ificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 7~1, Sec. 103.d, as amended effective September 1, 1965 (Signature) PREFABRICATED DOME SALT SAND STORAGE BUILDING E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work under the contract: ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) PREFABRICATED DOME SALT SAND STORAGE BUILDING F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document ,4310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we 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 ~incipal and the Principal shall enler 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 lailure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblige~e the difference not ID exceed the penalty hereof between the amount specified in said bid and such larger amount (or which the Obllgee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be nuU and void, olherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Witness) OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) will execute the Surety Bonds as herein-before provided. (Surety Company) Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. PREFABRICATED DOME SALT SAND STORAGE BUILDING G-1 T H E A M I N S T I T U T E ARCHITECT AIA Document A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS .,tNT) PROPERTY 1 1. INSURANCE AND BONDS I2. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the .~ssociated General Contractors of America. Copyright 1911. 1915, 1918. 1925. 1937. 1951. 1958. 1961. 1963, 1966, lC, K)7. 19-0. 1976. ©[987 by The Amenca~ Institute of Architects. 1~3e, New York Avenue. N.W.. Wa. shington, D.C.. 20006. Reproduction of the material herein or substantial quotation of its provisions without wrnten AIA DOCUM~Wr AgOl * GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * $1987 THE AMERICAN INSTITUTE OF ARCHITECTS. [ 735 NEW YORK AVENUE. N W. WASHINGTON. D C 2O(XX, A201-1987 1 INDEX Acceptance of Nonconforming Worl< .... 9.6.6, 9.9.3, 12.3 Acceptance of Work ....... 9.6.6,9.8.2.9.9.3.9.10.1.910.3 Accees to Wonk 3.16,6.2.1, 12.1 Accident Prevention ................... 4.2~3, 10 Acts and Om~sions .. 32. I, 3.2.2.33.2, 3.12,8.3.18, 4~2.3, 432, Addenda 1.IA,3.i1 Additional Cost, Clams for ..... 4.3.6,4.3.7,4.3.9,6.1.I.103 Additional Inspections and Testing ...... 4.2.6. 9.8.2, 12.2.1, 13.5 Additional Time. Claims for ........... 4.3.6. 4.3.8.4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.3.3.4, 9 ~.95 Advertisement or Invitation to Bid .................... I. 1.1 Aesthetic Effect 4.2.13,4.5.1 Allowances ........................ 3.8 All-risk Insurance ....................... I 1.3.1.1 Applications for Paymant ~. 4.2.5, 7.37, 9.2.9.3. 94.9.51,9.6.3, Approvals ... 2.~,33.3,35.310.2.3.12.~through3.12.8.3. I8.3. Architect 4.1 Architect, Definition of ........ ......... 4, I. 1 Architect, Extent of Authority 2.4.3.12.6, 4.2.4.3.2. q.3.6. Architect. Limitations of Authority mad Responsibility 333.3.I2.8. Architect's Additional Services and Expenses 2.q. 98.2. Architect's Administration of the Contrac! ...... 4.2, ~.3.6. 4.3.7.4.4, 9~. 9.5 Architect's Copyright 1.3 Architect's Decisions 4.2.6..*.2.7, 4.2 l 1..* .2.12. q.2.13. Architect s Inspections .*.2.2.4.2.9, 45.6.9.'t.2.9.8.2. Architect's instnictions q.2.6.4.2.7. -i.2.8, 4.37+ 7 -i. i, 12.1. 1352 Architect s Inter'prctauons 4.2.11,4.2.12, -t.3- Architect's On-Site Observations 4.2.2. -~.2.5, 4.3.6, 9.~.2, Architect's Project Representative ~.2.I 0 Architect's Relationship with Contractor .... l. 1.2, 3.2.1.3.2.2. Architect's Relationship with Subcontractors.. 1.1.2.4.2.3.4.2.4. Architect's Representauons ........ 9.4.2.95.1,9.10. l Architect's Site Visits .... °,.2.2.4.2.5, 4.2.9, 4.3.6.94.2.9.5.1. Asbestos 10.1 Attorneys' Fees 3.18.1,910.2. 101 ~ Award of Separate Contracts 6.11 Award of Subcontrac~J and Other Contracts for Porfions of lha Work 5.2 Basic Dofinitions 1.1 Soiler and Machinery lnsurance 11.3.2 Bonds. Lien 9.10,2 Bonas. Performance and Payment -3.6.4.910.3, I 1.39. 114 Building Perrdit ..................... 3.7.1 Capitalization 1.4 Certificate of Substantial Completion ............ 9.8.2 Carfiflc~tes for Payment ..... 4.2.5.4.2.9.9.3.3,9.4,9.5.96.1. Certificates of Inspection. Tesung or Approval .... 3.12.11, 13.5.q Certificates of Insurance ......... 93.2.9. I0.2.11.1.3 Ci~ange Orders, Definition of 7.2.1 Changes ............................... 7.1 CHANGE~ IN THE WORK . . 3 t 1, 4.2.8, 7, 8.3.1,9.3.1.1, 10.1.3 CI~um, Definition of 4.3.1 Claims a~td Dlsputas ......... 4.3,4.4,4.5,6.2.5,8.3.2, Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Coat ..... 4.3.6, 4.3.7, 4.3.9.6. I.I. 10.3 Claims for Additional Time ...... 4.36.4.3.8, 4.3.9, 8.3.2 Claims for Concaaled or Unknown Conditions ...... 4.3.6 Clamas for Damages.. 3.18, 4.3.9, 6.1.1, 6.2.5.8.3.2, 9.5.I.2, I0.1.4 Claims Subiect to Arbitral:on 4.3.2.4.4.4.4.5.1 Clesning Up ........................... 3.15,6.3 Commencement of Stat~tory Limitation Pedod 13.7 Commencement of the Work. Conditions Relating to ....... 2.1.2. Commencement of the Xg'ork, Definition of ........ 8.1.2 Commumcations Facilitaung Contract Adminkstration 3.9.1,4.2.4, 5.2.1 COMPLETION, PAYMENTS AND .............. 9 Compteuon. Substantial .. 4.2.9.4.3.5.2.8. I. I. 8.1.3.8.2.3, Conditions of the Contract IAI. 1.1.7,6.1.1 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 8 Construction Change Directive. Definition o f .......... 7,3.1 Construction Change Directives .... I. 1.1, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules. Contractor's ........ 3.10, 6.1.3 Contingent Assignment of SuDcontracta .......... 5,4 Continuing Contract Parformanca 4.3.4 Contract. Defidirion of .................... 1.1,2 CONTRACT, TERMINATION OR SUSPE~SION OF THE 4.3.7,5.4.1.1.14 Contract .Administration 3.3.3, 4, 9..*. 9.5 Contract .Award and Execuuon. Conditions Relating to 3.7.1. Contract Documents, The 1.1, 1.2.7 Contract Documents. Copies Furnished and Use of . . 1.3, 2.2.5, 5.3 Contract Performance Dunng Arbitration 'i.3.4, 4.53 Contract Sum 3.8, 4.3.6.4.3.7. 4.4.4, 5.2.3, Contract Sum, Definition of 9.1 Contract Time -c3 6, 4.3.8..~..*.4, 7.2.1.3, 7.3, Contract Time. Definition of 8.1.1 2 A201-1987 CONTRACTOR ........................ 3 Comractor. Definition o f 3.1,6. i2 Contractor's Bid 1. l Contractor's Construction Schedulss ....... 3.10,6:1.3 Contractor's Employees ..... 3.3.2, 34.2, 3.8. l, 39, 3.18..~.2.3, Contractor's LlahilRy Insurance ............... 11.1 Performing the Work ........ 33.2, 3.18, q.2.3, 10 Contractors Review of Contract Documents 1.22.3.2, 373 Contractor's lhght to Stop the Work ........... Contractor's Supenntenctent 39, 10.2.6 Coordination and Correlation 12.2, 12.4, 33.1. Copies Furnished of Drawings and Specifications . . 1.3.2.2.5, 3.11 Correction of Work 2.3, 2.4, 4.2.1,9.8.2. Cost. Definition of 73.6, 14.3.5 Cutting and Patching 3.14, 6.2,6 Damage ro Consm~ction of Owner or Separate Contractors 3. I q,2. Darnage to the Work . 314.2,991, 1(/.2.1.2. 10.2.5, 10.3, 11.3 Damages for Delay ............ 6.11,835,9.5.I.6.9.7 Dare of Commencement of the Work. Definition of 8.1.2 Date of Substantial Completion, Definition o( 8.1,3 Day, Definition of 8.1.4 3,8.2.3.I2.3,312.v, 3.I2.11, 313, 3.151. 4.2.7, 6.2.1, 7.3.6, 932. 93.3, I13. 12.2.-+. 15 35.1. 4.2.2. ~.2.3, 4.3.4. q.3.8. 6.2.2. ~I3. 43.5.9.10. Ill.2. I1.I3. II3.5. 12.31. 157 GENERAL PROVISIONS 1 Governing Law 13.1 4.3.q. 6.13, 6.1.~. 6,2.6, 932, 96. l, 9.6.4, 98.3, 99.2. Injury or Damage to Person or Property 4.3.8 inspecnons 3.33.3.3 -~, 3.- I. -~ 2.2. Insurance, Boiler and Machinery 11.3.2 Insurance, Loss of Use 1133 Insurance, Owner's Liability 11.2 insurance, Property 102.5.11.3 INSURANCE AND BONDS 11 Judgmertt on Final Award ~.5.1. ~.5.4.I. 4.5.7 3.12.2,3.12.3.312.7.312.11,3.13,3.15.1. 99.1, 10.2.2. I11, 11.3, 13.1, 13.4. 13.5.1. 13.5.2. 13.6 A201-1987 3 Limitations of Liability 2.3, 3.2.1.3.5.1.3.73, 3.12.8, 3.12.11, Lwnit ations o f Time. General .......... 2.2.1.2.24,3.2.1.3.73, Limitations of Time. Specific ..... 2.1.2, 2.2. l, 2.4.3.10, 3.11, Lons of Use Insurance 11.3.3 Materials. Hazardous I01, 10.2.-+ Materials, Labor, Equipment and . . 1.i.3, 1.16, 3.4, 3.51,3.8.2. Means, Methods, Techniques, Sequences mad Procedures of Construction ...... 3.3. I, -L2.3, 4.2.7, 9 ~.2 MISCELLANEOUS PROVISIONS 13 M odiBcations, Definition o f ............... Modifications to the Contract I 1.1, 1.1.2, 373.3. I I, Mutual Responsibility ........... 6.2 Nonconforming Work, Acceptance of 12.3 Nonconforming Work. Rejection and Correction of 2,31. Notice, Written 2.3, 2.q, 39, 312.8. 3.12.9, 4.3, Notice o f Testing and lnspecuons ~3.5 I, 135.2 Notice to Proceed. 8.2.2 Notices, Permits, Fees and 223.3.7, 3.13, - 3,0.~, IO2.2 Observations, Architect s On-Site 42.2, 425, Observations, Contractor's 1.2.2, 3.2.2 Occupancy 9.66. 9.8.1,9.9, 11.311 On-Site [nspec0ons by the Architecr 4.2.2. .~.2.9. 4.3 6. 9.4.2,982,992.9[0.1 On-Site Observations by the Architect ~.2.2.4.2.5, -+.36. Orders, Written 2.3, 3.9, 4.3.~, 7, 8.2.2, I 1.3.9, 12.1, OWNER 2 Owner. Definition of 2.1 Owner, Informction and Services Requireei of the 2.1.2, O wrier's Financial Capability 2.2.I. 14.11.5 Owner's Liahillty Insurance 11.2 Owner's Loss of Use Insurance 113.3 Owners Relationship with Subcontractors 1.1.2. Owner's Right to Carry Out the Work 2.-t, I2.2..~. I,L2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Sepamts Contracts ......... 6.1 Owner's Right to Stop the Wort( 2.3, ~ 3- Owner's Right to Suspend the Work I ~.3 Ownership and Use of Amhitect's Drawings, Specifications and Other Documents. I 1.1.1.3, ~ ~ ' ~ ' Partial Occupancy or Use 96.6,9.9, 11.31I Patching, Cutting and 3.14, 6.26 Patents, RoyaRles and 3.17 payment, Applications for ~.2.5.92, 9.3, 9~. Payment, Ce~flnstes for ~,2,5, 4,2.9, 933, 9.4, 95. 9.6. I. 96,6. 9.7.1, 9.83. 910.1, 9103, 13.-, 1.~11.3, 1~2.~ Payments. Progress 434, 93, 9 o. 98.3, 9103, 13.6, 1-+.2.3 PAYMENTS AND COMPI.ET{ON ......... 9, 1 ~ Performance Bond and Payment Bond -.3.64 permits, Fees and Notices 2.2.3.3.7, 313, 7364, 102.2 PERSONS AND PROPERTY, PROTECTION OF 10 Product Data. Definition of 312.2 product Data and Samples, Shop Drawings 3.11.3.12, 4.2.- Progress and Completion 4.2.2. -<3.~. 8.2 4 A201-1987 Rules and Notices for Ar'nitration .......... 4.5.2 Safety of Pemons and Property 10.2 Safety Precautions and Programs 4.2.5, ~.2.T, 10.1 Samples, Definition of 3 I2.3 Samples, Shop Drawings. product Data and 31 ], 3.12, ~.27 Samples at the Site, Oocumenta and 3.11 Schedule of Values 9.2, ? 3. l Schedules. Constr~cfion 3. I0 4.55.6. 1157. 12.h2. I2.25 Shop Ornwings, Definition of 5.12. I Shop Drawings, product Data and Samples 3.1 h 3.12, 4.2.7 Site, Use of 3.13, 6. hl, 6~2.1 Site lnspecuons 1.22.3%< 4.2.2.42.9. ~36, 98.2, 9. I01. 135 9.4.2.95.1,9.82,992,910. h 135 Special Inspections and Testing ,~.2.6. 122.h 135 Specifications, Definition of tfie 1,1.6 Statutes of Limitations 4 .5 -~ 2. 12.2.6. I3.7 StoredMatefials ..... 62.1.932. 10.2.12.11.31-L 122~ Subcontractor. Definition of 51.1 SUBCONTRACTORS 5 Subcontractors. WorR by I 2.. 332, 3. I2. h Subcomractua~ Relations 5.3, ~. 931.2,962. Subrogation, Waivers of o h t, i h35, 11.a.7 823 9.8, 99 I 12.2.h 12.2.2. 13- Substan0al Comple0on. Definition of 98 I Subsurface Conditions 45 6 Successors and Assigns 13.2 Superintendeflt 3.9, IO2.6 Supervision and Construction Procedures 12.*. 3.3, 5 *. 5urev, Consentof 991.9102,9.103 Surveys 2.2.2.31143 Suspension by the Owner for Convenience 14.3 Taxes 3.6, '36.~ Termination by the Contractor 14.1 Termination by the Owner for Cause 5 ~. 1 h 14.2 TERMINATION OR SUSPENSION OF THE CONTRACT . 14 Testa andlnspections . 33.3.4.26. ~.2.9. 9 ,.2.12.2.113.5 TIME 8 Time, Delays and Extensions of ....... ~,38, -2. h 8.3 Title to Work 93.2.933 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unit Prices -I.-~. -3.32 Use of Documents I hh 1.3, 2.25.3.12.-. 53 Use of Sita 3.13, 6. hh 6.21 Values, Schedule of 9.2, 9 3 1 Waiver of Claims: Final Payment 4.3.5, ~ ~ h 9 I0.3 · ~353,93.3 ~8.2.99 h 12.2.2, 13-I3 When A~itration May Be Demanded 4.5.4 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agseement), Conditions of the Contract (General, Supplementary. and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement :md Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind ( I ) between the Architect and Con- tractor. (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and ser¥ices provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is thc total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings ~'e the graphic and pictorial portions of thc Con- showing the design, location md dimensions of the Work. generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consrsting of the wnnen reqmrements for materials, equlp- meat. construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Proicct Manual is the volume usually ~sembled 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 the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify, such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- mr with local conditions under which the Work is to be per- formed and correlated personal observations with require- meals of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary, for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is requn-ed by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessaD, to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shaft not control the Contractor in dividing the Work among Subcontractors or an 'establishing the extent of Work to be performed by any trade. 1,2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Mchitect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retmn one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copynght in the Drawings, Specifications and other documents prepared by the Mchitect, and unless otherwise ~ndicated the Architect shall be deemed the author of them and will ret:un all common law, statutory and other reserved rights. m addition to the copyright. Ail copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proi- ects or for additions to this Project outside the scope of the 6 A201-1987 Work without the specific written consent of the Owner and ,~'chitect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- lags, Specuqcations and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall hear the statutory, copyright notice, if any, shown on the Drawings, SpecWtcations and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American institute of Architects. 1 .~ INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying word~ such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article ts absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is thc person or entity identified :ts such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary' and relevant for the Contractor to evaluate, give nonce of or enforce mechanic's lien rights. Such information shall include a correct statement of the record iegal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reusortable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless sue'l) reasonable et'idence were fztrntsbed on request prior to tDe e.¥ecution of tt)e Agreement, the prosl~ctit,e contractor would not be 2.2.2 The Owner shall furnish surveys describing physical of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility meats and charges required for constriction, use or occupancy of permanent structures or for permanent changes in e:dsung facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project ManuaLs as are reasonably necessary' for execution of the Work. 2.2.6 The foregoing are in addition to other duties m'~d respon- sthilities of the Owner enumerated hereto and especmlly those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and :k,-ticte I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3,1 If the Contractor fails to correct Work which :s not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to car~, out Work m accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work. or any portion thereof, until the cause for such order has been eliminated: however, the right of the Owner to stop the Work shall not give rise to a duty on the pact of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carE.' out the Work :n accordance with the Contract Documents ;md fails within a seven-day period after receipt of written notice from the Owner to commence and continue colTectlon Of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second wrnten not,ce to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second ootice fails to com- mence and continue to correct any deficiencies, the Owner cnay. without preiudice to other remedies the Owner may have. correct such deficiencies, in such c:tse an appropnate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the ,Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Arcfu- tect. If payments then or therea~er due the Contractor are not sufficient [o cover such amounts, the Contractor shall pay ~e difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as i/- singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AlA DOCUMENT ~.0!. · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Thc Contractor shall card'diN stud',' :md comnare the Contract Documents with e~h ot/~er an~l with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered, The Contractor sha~ not be liable to the Owner or Architect for damage resukmg from e~ors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the .~,_rcfutect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the .Azcfutect. the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor snail take field measurements and vex-iN,, field conditions and shall carefuUy compare such field mea- surements and conditions and other information known to the Comractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the ,~Cfutect at once. 3.2.3 Thc Contractor shall perform ~he Work in accordance with the Comract Documents and submittals approved pur- suant to Paragraph 3 12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supcv.'~se and direct the Work. using the Contractor's best skill :md attention, The Contractor shall be solely responsible for mud have control over constr~c- tJon means, methods, techniques, sequences and procedures and for coordinatthg all portions of the ',X'ork under the Con- tlons concerning these matters, 3.$.2 The Contractor shall be responsible to the Owner for acts and omissions of the Cuntractor's employees. Suhcomractors and their agents and employees, and other persons performing 3.3.3 The Contractor sl~all not be relieved of obligations to per- furm the Work in accordance v, ith the Contract Documents either by acPvities or duties uf the .~chitect in ~be Architect's approvals required or perS~rmed by per,)ns other than the 3.3.4 The Comractor shall be responsible for inspection of por- tions of Work already performed under this Contract tO deter- mine that such portions are in proper condition ;o receive sub- 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents. the Contractor shall provide and pay for tabor, materials, equip- necessarT for proper execution and completion of the Work, 3.4.2 The Comractor shall enforce strict discipline and good caru,'ing ()ut the Create'act. The Contractor shall not permit 3.5 WARF~NTY 3.5.1 The Contractor warrants to the Owner and .~'chitec: that materials :md equipment furnished under the Corltract will be of good quality :md new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will cotqform with the requirements of the Contract Documents. Work not conforming to these require- meats, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused By abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper oper:mon, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negoDathms concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Un/ess otherwise provided in the Contract Documents, the Contractor shall secure :md pay for the building permit :md other permits and governmental fees, licenses and inspections necessarT for proper ex&cunon and completkm of the Work which are customarily secured after execution of the Contract and wlqich are legally required when bids are received or negD- tiauons concluded. 3.7.2 The Contractor shall comply with and g~ve notices required by laws, ordinances, rules, reguladims and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertmn that the Contract Documents are in accordance with applicable laws. statutes, ordin:mces, building codes, and rules :md regnia- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect :md Owner in writing, :md necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contracto~ performs Work knowing it to be con- teaO' to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all alfuwances stated in the Contract Documents. Items covered by allow:races shall be supplied for such amounts and by such persons or entities as the Owner may direct, hut the Comractor shall not be required to empfuy persons or entities against which the Contractor makes reasonable obiect~on. 3.8.~ Unless otherwise provided in the Contract Documents: .1 materials and equipment under an alli)wance shall be selected promptly by the Owner to avoid delay in the Work; materiaLs :md equipment delivered at thc site and ail 8 A201-1987 AIR OOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FC~URTEI~NTH EDITION .3 Contractor's costs for unloading and hm~dling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assksmnts who shall he in attendance at the Project site during performance of the Work. The supennten- dent shall represent the Contractor, and commumcauons given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in wot- md. Other communications shall he similarly confirmed on wrnten request in ~ch case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and :~'chitect's information a Contractors construction schedule for the Work. The schedule shall not exceed time limits current under the Comract DocQments, shall be revised at appropflate intervals as required bi.' the conditions of the Work and Proiect. shall be related to thc entire Project to the extent required bi.' the Con- tract Documents. and shall provide for expedinous and practi- cable execuntm of the Work. 3.10.2 The Contractor shall prepare ~nd keep current, for the Architect s approval a schedule of submittals which is c~x,,rdi- 3,10.3 The Contractor shall contk)rm to thc most recent schedules 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for thc Owner one record copy of the Drawings, Specifications. addenda. Change Orders and other Modifications, tn good order and marked currentli.' to record changes and sdections made during construcnom and in addition approved Shop Drawings. Prod- ucc Data. Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings ~e drawings, diagrams, schedules and other data specmlly prepared for the Work by the Contractor or distbbutor u) tllustrate some portion of the Work. 3.12.2 Product Data are illustrauons, standard schedules, per- reformation ~rnisbed by the Contractor to illustrate materials 3.12.3 Samples are phi.,sical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be iudged. 3.12.4 Shop Drawings. Product Data. Samples and swnilar sub- which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with rea.son- able promptness and in such sequence as to cause no delay in the Work or in the actMties of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perfi)rm no portion of the Work requiring submittal and review of Shop Drawings. Product Data. Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accor -dance with approved submittals. 3.12.7 Fi:,, approving and submitting 5hop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor h:zs determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 8.12.8 The Contractor shall not be refieved of responsibiliti.' for deviations from reqmrements of the Contract Documems bi.' the .~chitect's approval of Shop Drawings, Product Data, Samples or sin~llar submittals unless the Comractor has specifically informed thc Architect in writing of such deviation at the time of submittal and the Architect has gh'en written approval m the specific deviation. The' Contractor shall not be relieved of responsibility for errors or omkssious in Shop Draw- :ngs, Product Data. Samples or similar submitt~s by the Archi- feet's approval thereof. a.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings. Product Data, Samples or the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect ~s 3.1~'.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon [he 3.13 USE OF SITE 3.13.1 The Contractor shall confine operatinns at the site to areas permitted bl.' law, ordinances, permits and the Comract materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors bi.' cutting, patching or other- A201-1987 9 not be unreasonably withheld. The Contractor shall not unrea- sonably withhold 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 rubloish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, mbbish, the Contractor's tools, construction equipment, machinery and surplus materials, 3.15.2 If the Contractor falls to clean up as provided in the thereof shall 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 and license fees. The Contractor shall defend suits or claims for infringement of patent fights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- son to believe that the required design, process or product is an infringement ora patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law. the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily iniury, sickness, disease or death, or to injury to o~' destmctinn of tmqgible prop- erty (other than the Work itselfl 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 claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwtSe e.',dst as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3, lg by an employee of the Contractor, a Subcontractor, anyone directly or indirecdy employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a.lS.3 The obligations of the Contractor under this Paragraph 3.18 sha~ not extend to the liability of the .~xchitect. the Archi- tect's consultants, and agents and employees of any of them arming out of (1) the preparation or approval of maps, drawings, opwJons, reports, surveys, Change Orders, designs or specifica- txons, or (2) the giving of or the failure to give direcnons or mstmctinns by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to g~ve ks the primary cause of the injuD' or cktmage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The .~chitect is the person lawfully licensed to pracnce architecture or an ennty lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term -Architect" memas the Architect or the Architect's author'-zed representative. 4.1.2 Duties, responsibilines and LLmirarions of authonty of the Architect as set forth in the Contract Documents shall not De restricted, modified or extended without wretch consent of the Owner, Contractor and .-5.rchitec:. Consent shall not be unrea- sonably withheld. 4.1.3 In case of terminatinn of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose stano.s under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagrapias .~.I.2 and 4.1.3 sba& be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The ~gchitec~ will provide adminisramtion of the Contract as described in the Contract Documents, and wdl be the Owner's representative (I) during construction, (2) until fLrm[ payment is due and (3) with the Owner's concurrence, from time ~o time during the correction period described in Para- graph 12.2. The Architect will advise and consult aqth the Owner. The Architect will have authority to act on behcdf of the Owner only to the extent provided in the Contract Dooaments, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropnate to the stage of construcnon to become generally familiar with the progress and quality of the completed Work and to determine in general ff the Work is being performed in a manner indicat- ing that the Work, '=.'hen completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhausnve or continuous on-site ir~pections to check quafity or quantity of the Work. On the basis of on- site obse~'anons as an architect, the Architect will keep the Owner infomaed of progress of the Work. and will endeavor to guard thc Owner again.st de~cts ~qd deficiencies in the Work, 4.2.3 The Architect will not have contrdi over or charge of and will not be responsible for construcuon me.ns, methods, techniques, sequences or procedures, or for safew precauuons and programs in connection with the Work. since these are solely the Contractor's responsibility, as provided in paragraph 3.3. The Arc,hitect will not be responsible for the Contractor's fmlure to carry ou[ the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not Be responsiI~le for acts or omkssinns of the Con- 10 A201-1987 WARNING: Unlicensed photocopying viollte~ I~$. crJpyrigllt laws and is sub,ct to legat prosecution. tractor, SuBcontractors, or their agents or employees, or of any other persons performthg portions of the Work:. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct cornmunicanons have been specially autho- rued, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Cormmu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the arnounts due the Contractor and will kssue Certificates for.Payment in such amounts. 4.2.6 The ,~-chitect will have authority, to re;err Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for [mplemeota- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspecnon or testing of the Work Lq accorctance with Subparagraphs I3.5.2 and 13.5.3, whether or not such ~'ork is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good froth either to exerctse or not to exercise such authority shall give nsc to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions or' the Work. 4.2.7 The Architect wifi review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings. Product Data and Samples, but only for the limited purpose of checking for conformance with information g~ven and the design cone=pt expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the acnvLqes Of the Owner, Contractor or separate contractors, while allowing sufficient t~me in the Architect's professional iuclgrnent to permit adequate review. Review of such submittals ~s not conducted for the purpose of determinmg the accuracy and completeness of other details such as dimensions and quantities, or for substantianng instructions for installation or performance of eqmpment or systems, ail of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals stiall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3. t2. The Architect's review shall not constitute approval of safety precaunons or. unless otherwise specifically stated by the Architect. of any construcnon means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.P.5 The Architect wKI prepare Change Orders and Construc- tion Change Directives. and may authorize m~nor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warrannes and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more prolect representatives to asstst in carrymg out the Architect's responsibilities at the site. The duties. responsibilities and LLmitatior,.s of authority of such project representatives shall be as set forth in art exhibit to be incorpo- rated in the Contract Documents, 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with r~onable promptness and withirl any time limits agreed upon. It' no agreement is made conceming the time within which interpretations required of the Architect shall be fur- nished in compliance with this paragraph 4.2. then delay shall not be recognized on account of failure By the Architect to fur- nish such interpretations until I5 days after written request is made for them. 4fi'.12 Interpretations and decisions of the :Wchitecr will be consistent with the mtent of and re~onably inferable from the Contract Documents and will be in writmg or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithfiJl performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good froth, 4.:~.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in thc Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Cimm is a demand or assertion by one of the parties seek:lng, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim' also includes other disputes and matters in ques- rioo between the Owner and Contractor arising out of or relat- ing to the Contract. clatms must be made by written notice, The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Amh/tect. ClaWns, including those alleging an error or omission by the .~-chitect, shall be referred initially to the .~'chitect for action as provided in Paragraph 4.4, A deci- sion by the .~-chitect, as provided in Subpar,~graph 4.4.4. shall be required as a condition precedent to arbitration or [ingation of a Ciam~ between the Contractor and Owner as to ali such matters arising prior to the date final payment is due. regardless of (I) whether such matters relate to execution and progress of the Work or (2) the extent £o which the Work has been com- pleted. The decision by the Architect in response to a Claim shaft not be a condition precedent to arbitration or litiganon in the event (1) the position of .~-chit ect is vacant, (2) the Ardtit ect has not received evidence or has failed to render a decision within agreed tWne limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time LJmita on Claims. Clarets by either party mu~t be made %qthin -~ 1 days ar'[er occurrence of the event giving nsc to such Clagn or within 21 days after the clatmant first recognizes the condition gtvmg rise to the Claim, whichever is later. Claims mu, st be made by written notice. :x.n additional C!alm made after the initial Clawn has been implemented by Change Order will not Be considered unless submitted in a timely manner. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwkse agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments ~n accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shaft constitute a wmver of Clmms by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranues required by the Contract Documents. 4.3.6 Claims for Concealed or Unlmown Conditions. if con- ditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing par~y shall be given to the other party promptly betbre conditions are disturbed and in no event later than 21 days after first observance of the conditions. The .~cfu- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for. performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Ti.me, or both, If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in wthing, stating the reasons. Claims by either party in opposition to such determination must be made within 2I days after the Architect bas given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time. the adjustment shall be referr:d to the Architect for initial deter- minanon, subject to further proceedings pursuant to Paragraph 4,3,? Claims for Additional Cost. If the Contractor w~shes to make Claim }hr an increase in the Comract Sum, written notice as provided herein shall be given before proceeding to execute the Work Prior notice is not required for Claims relating to an emergency endangering life or property ansmg under Para- graph 10.3. If the Contractor believes additional cost ~s im.olved for reasons including but not limited to (I) a wnnen interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault. (3) a writ- ten order for a minor change in the Work issued by the Archi- tect. (4) failure of payment by the Owner, (5) termination of tbe Contract by the Owner. (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an incrc-a.~e m the Contract Time, written not~ce as provided herein shall be gxven. The Commctor s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. in the case of a continuing delay only one Claim is necessary. 4.3.11.2 If adverse weather conditions are the basis for a Claim fur addinonal time, such Claim shall be documented by data 4.3.9 Injury or Damage to Pemon or Property. If either party to the Contract suffers iniury or damage to person or property other party's employees or agents, or of others for whose acts such party is legally [iable, written notice of such iniury or observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If ~ Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs .~.3.7 or 4.38. the following prefiminary actions within ten da~.5 of receipt ors Claim: (1) request additional suppomng data from the clmmant, (2) submit a schedule to the pames indicating when the .~chi* pan:, stating reasons.for reiection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The 4.4.2 Ifa Claim has been resolved, the Architect will prepare or 4.4.3 if a Claim has not been resolved, the party making the additional supporting data requested by the Architect. (2) modify the initial Claim or (3) noufy the Architect that the initial Claim stands. 4.4.4 [fa Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect. the Architect will notify the parties ~n wrinng that the Architect's dec~sion will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time perind, the Architect ':,-ill render to the parties the Architect's wnnen decision retative n) the Claim. including any change in the Contract Sum or Contract Time or both. If there is a sureb: and there appears to be a possibility of a Contractor's default. the Architect may, but is not obligated to, notify the surety and 4.5 ARBITRATION 4.5.1 Controversies and C]aims Subject to A~itration. Any or the breach thereof, shall be settled by arbitration ~n accor- American ArDitratinn .~sociation, and judgment upon the provided for in Subparagraph -L3.5. Such clmtroversies or a decision as provided in Subparagraph ~.44 shall be subject to arbitration upon written demand of either party..~a-bitratinn may be commenced when 45 days have passed after a Claim has been referred to the Architect a5 provided in Paragraph -t.3 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under paragraph 4.4 shall, if subiect to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Constr~ction industry Arbitration Rules of the American Arbitration Assoc~tion cur- rently aa effect, unless the parties mutually agree otherwkse. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration ,~ssociation, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(1) the date on which the Architect has rendered a final written deci- sion on the Clau'n. (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architeet has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision ~s final but subject to arbitration and (2) a demand for arbitration of a Clmm covered by such decision must be made within 30 days after the date on which the par~y making the demand receives the final written decision, then failure to demand arbitration withaa said 30 days' period shall result in the Architect's decision becoming final and binding upon thc Owner os~d Contractor. If the Architect renders a dec:sion after arbitration proceedings l~ave been initiated, such decision may bc entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parnes concerned. 4.5.4.2 A demand for arbitration shall be made within the twne limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 454 2 as applicable, and in other cases within a reasonable tWne after the Claim has arisen, and in no event shall it Be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of Iimitataans as determined pursuant to Paragraph I3.7. 4.5.5 Limitation on Consolidation or doinder. No arbittatk)n arising out of or relating to the Contract Documents shall include, by consolidation or joaader or in any other manner. the Architect, the Architect's employees or consultants except by wrlnen consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and an,,' other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved aa a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third part}, or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not consmute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parues to the Agreement shall be specifically enforceable under appli- cable law in an7,' court having iunsdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must asser~ in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a parw fails to include a Clasm through oversight, aaadvertence 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 Awan:L The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any cour~ having iurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 ,4. Subcontractor is a person or ennty who has a direct contract with the Contractor [o perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and me:Las a Subcontractor or an aothorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. $.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor. as soon as prac ticable after award of the Contract. shall furnish in wridng to the Owner through the Architect the names of persons or enti- ties {including those who are to furnish materials or eqmpment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will prompdy reply to the Con- Architect. after due investiganon, has reasonable obieetion to any such proposed person or entity Failure of the Owner or able obiection. $.2.2 The Contractor shall not contract with a proposed per- sortable and timely ob{ection. The Contractor shall not be made re0sonabie objection, 5.2.3 If the Owner or Architect has reasonable object:on to a shall propose another to whom the Owner or Architect has no decreased by the difference m cost occa.sioned by such change and an appropriate Change Order shall be issued. However, no increase m the Contract Sum shall be alfuwed fur such chm~ge submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or enuty previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor ~ the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall presev.,e 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 v..i~ not preiudice such dghts, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress agakr~t the Contractor that the Contractor, by the Contract Doc,Jments, has against the Owner '&'here appropriate, the Contractor shall require each Subcontractor to enter into sm~ilar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to r~e execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound. ;md, upon wnnen request of the Subcontractor, identi~' to the Subcontractor terms and condi- tions of the proposed subcontract agreement which ma,,,' be at variance with [he Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents ava~able to their respective proposed Sub*subcontractors, 6,4 CONTING£NT ASSIGNMENT OI~ SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is asszgned by the Contractor to the Owner provided that: .1 ass[gr'~ment is effective only after termination of the Contract by the Owner for caufe pursuant to Para- graph 14-.2 and only for those subcontract agreements which the Owner accepts by notif~Lqg the Subcon- tractor in writing; :;.nd .~' assignment is subject to the prior rights of the surety, if any, obligated under bond relating tO the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the nght to perform construction or operations related to the Proiect with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other constr~cnon or operations on the site under Conditions 9f the Contract idemicnl or substantially sLmilar to these including those portions related to insurance and wmver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner. the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site. the Ierm "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Coruractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary, after a joint review a.nd mutual agreement. The construction schedules shall then constitute the sChedules to be used by the Contractor, sepaxate contractors and the Owner until subsequently revised. 6.1.4 Unless other'wise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the sarne obligations and to have the sanae rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated Lq Article 3. this Article 6 and Articles 10, I1 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shMl connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execuuon or results upon construction or operations by the Owner or a separate contractor, the Contractor Shall, pnor to proceeding with that portion of the Work, promptly report to the .Krchitect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution a.nd results. Failure of the Contractor so to repor~ shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activiues or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- hill?, caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10,2.5. 6.2.5 Clmms and other disputes and matters in quesoon between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner :md each separate contractor shall have the same responsibilities for cutting and patching as ace described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under the:r respective contracts for maintaining the premises and surround- ing axea free from waste materials and rubbish as described Lq Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Axchitect determines to be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in thc Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order. Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon. and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prmes to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7,2 CHANGE ORDERS 7.2,1 A Change Order is a wntten ~nstrumem prepared by [he Architect and signed by the Owner. Contractor and ,architect. stating their agreement upon all of the following: .1 a change in the Work; .2 the amoum of the adjustment in the Cuntract Sum, if any; and .3 the extent of the adjustment tn the Contract Time. if any, 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Constructkm Change Directive, without invalidating the Contract. order changes in the Work within the genera~ scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adiusted accordingly, 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. ?.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall he based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .;2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee: or .4 as provided in Subparagraph 7.3,6. 7.3.4 Upon receipt of a Construction Change Direc~ve, the Contractor shaft promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Cftange Directive for determining the pro- posed adjustment Lq the Contract Sum or Contract Time. 7.3.S A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shaft be effec- uve immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the .archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, :n case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such Case, and also under Clause 73.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless o£herwise provided in the Contract Documents. costs for the purposes of iris Subparagraph 73.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fnnge benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed: .3 rental costs o f machinery and equipmem, exclusive of hand topis, whether rented from the Contractor or .4 costs of premiums for a/l bt)ods and insurance, permit Work; and .5 additional COSLS of superx'ision and field office person- net directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed bx,, the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead mad profit shall be figured on the bas~s of net increase, if any, with respect to that change. 7.3.8 [f the Owner and Contractor do not agree with the adjustment in Comract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree witll the deter- mination made by the Architect concerning the adjustments m thc Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately, aiad shall be recorded by preparanon and execu- tion of an appropriate Change Order. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes sfufll De effected by written order and shall be binding on the Owner and Contractor, The Contractor shall carry, out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adiustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities 8.1.3 The date of Substantial Completion is the date certified by tl~e Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar d~y unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the for performing the Work. 8.2.2 The Contractor shall not knowin~y, except by agree- date of insurance required by Article I 1 to be furnished by the be changed by the effective date of such insurance. L'nles,,; thc dh'Ch by thc Owner. the Contractor shall notith' the Owner in writing not less than rive days or other agreed period before ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before thc first Application for Payment. the Contractor shall submit to the Architect a schedule of values allocated to various potions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless ohlected to b:`- the 3a'chitect. shall he used as a basis for reviewing the Contractors Appiica- 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to thc Architect an itemized Application for Payment for operamms completed :n accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data Subcontractors and material suppliers, and reflecting retalnage if provided R)r elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized hy Construction Change Directives but not yet included m Change Orders 9.3.1.2 Such applications ma:,' not include requests tot pay- payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration ~n the Work. If approved in advance by the Owner. payment may similarly be made' for materials and equipment suitably stored off the site at a location agrc:d upon in wndng. shall bt conditioned upon compliance by thc Ct)ntracror v,-itll Owner's interest, and shall include applicable insurance, 9.3.3 The Contractor warrants that title to all Work covered by an Application fi)r Payment *.'iii pass rd thc Owner nc) later than the time of payment. The Contractor further warrants that 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- tor. for such amount as the Architect determines is properly due. or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in pan as provided in Subparagraph 9.5.1. 9.4.2 The issuance ora Certificate for 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 for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment m the amount certified. However. the issuance ora Certificate for Pay- ment will not be a representation that the .architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work. (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractors right to payment or (4) made exammanon to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract 5urn. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 Thd Architect may decide not to certifb' payment and ma}, withhold a Certificate for Payment in whole or in part, iD the extent reasonably necessac/ to protect the Owner. if in the Architects opinion the representations to the Owner required by Subparagraph 94.2 cannot be made If the Architect ~s unable to certify payment in the amoum of the Application, the Architect will notify the Cantractor and Owner as provided in Subparagraph 9.t.1. if the Contractor and .,Wchitect cannot agree on a revised amount, the Architect wilI prompdy issue a Certificate for Paymem for the amount for which the Architect is able to make such representatllms to thc Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent ohservanons, ma:,, nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may he necessary in the Architect's opinllm to protect the Owner fn)m loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable fiIing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pieted within the Contract Time, and that the unpmd balance would not be adequate [o cover actual or liquidated damages for the amicipated delay; or .7 persistent failure to carry, out the Work in accordance 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld, 9.~ PROGRESS PAYMI~NTS 9.6.1 After the Architect has Issued a Certificate for Payment, the Owner shall make payment in the manner and withth the dme provided in the Contract Documents, and shall so notify the Architect. 9.6.2. The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount prod to the Contractor on account of such Subcontractor's por- tion of the Work. the amount to which said Subcontractor is entitled, reflecting percenLages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in simflax manner. 9.0,3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied lbr by the Contractor and action taken thereon by the Architect and Owner on account of pot- upas of the Work done by such Subcontractor. 8.8.4 Neither the Owner nor ~&rchitect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.8.$ Payment to material suppliers shall be treated in a manner sWnflar to that provided in Subparagraphs 9.6.2, 9.6.3 and 96.4. 8.$.6 A Certificate for Payment, a progress paymem, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7,1 if the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days a~ter receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified By the Architect or awarded by arbitration, then the Con- tractor max'. upon seven additional clays' written notice to the Owner and Architect. stop the Work until payment of the amount ow:ag has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amoum of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 8.8 SUBSTANTIAL COMPLETION 9.8.1 Substanttal Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work tbr its intended use. 9.8.2. When the Contractor considers that the Work. or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments, Upon receipt of the Contractor's list. the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 · GENEI~.L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® ·t~I987THEAMERICANINSTITUTEOFARCHITECTS, i735NEWYORKAVENUE. N.W.WASHiNGTON. DC 2oo06 A201-1987 17 hated portion thereof is substandaJly 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, betbre 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 Substar~tial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of SuhstantLM Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for secutiLy, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall £mish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substa~atial Completion shall be sub- mitted to the Owner and Contractor for their wntten accep- tance of responsibilities assigned to them in such Certificate. 9.$.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor alad certification by the Architect, the Owner shall make payment, reflecting adjustment in rerainage, if any, for such Work or por- tion thereof a5 provided in the Contract Doc~nents, 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tinily 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 [o by the insurer as required under Subparagraph I 1.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use may commence whether or not the portion ~s substantially complete, provided the Owner and Contractor have accepted in wnting the responsibilities assigned to each of them for payments, retalnage if any, secu- rity, mmntenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the penod for cor- rect:on of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the ,~xchitect 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 wnnen agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the .~'chitect, 9.9.2 Immediately prior to such pamal occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, pardal occupancy, or use of a portion or portions of the Work shMJ not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment. the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract Mily per- formed, the .~-chitect will promptly issue a t'mal Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's £m.M Certificate for Payment will constitute a Mrther representation that conditior~ listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been ful~dled. 9.10,2 Neither final payment nor any remaining reta~ed percentage shall become due until the Contractor submits to the .~'chitect (I) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's propea:y might be responsible or encumbered (less amounts withheld by Owner) have been prod or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not he cancelled or allowed to expire until at least 30 days' poor written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if ajay, to final payment and (5), if reqmred by the Owner, other data establishing payment or satisfaction of obligations, such receipts, releases and waivers of liens, daft'ns, secumy interests or encumbrances artsing out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to f~crash a release or wmver required by the Owner, the Contractor may l~mish a bond satisfactory to the Owner to indemnify the Owner agmnst such lien. if such lien remains unsatisfied after payments are made, the Contractor shMi refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including ali costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof ts materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not f~lly com- pleted or corrected is [ess than retain,age 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 f~ily completed and accepted shalI be submit- ted by the Contractor to the Architect prior to certificaBon of such payment. Such payment shall be made under terms and conditions governing final payment, except that it sha~l not constitute a wmver of clmms. The ma~ing of final payment shall constitute a walv&r of claims by the Owner as provided in Sub- pa~agraph 4.3.5. 9,10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Applicanon for Payment. Such waivers shall be in addition to thc waiver described in Subpa~graph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- inuring and supervising all safety precautions and programs m connection with the performance of the Contract. 10.1.2 in the event the Contractor encounters on the site materral reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which haS not been rendered hasmiess, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work :n the affected area shall not thereafter be resumed except by written agreement of the Owner and Co~tractor if in tact the material is asbestos or polychlorinated bipheny[ (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychiori- hated 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 arbitration has not been demanded, or by arbitration under Article 4, 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform wRhout consent any Work relating to asbestos or poiychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indcrnnify and hold harmless [he Contractor, Aruhimct. Archi- feet's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to miury to or destruction of tangible property (other than the Work itself} including loss of use resulting therefrom, but only to the extent caused in whole or :n part by negligent acts or ()missions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage. Ioss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2,1 The Contractor shall tare reasonable precautions for safety of, and shall provide reasonable protection to prevent damage. :njury 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. under care. custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcomrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utAi0eS not designated for removal, relo- cation or replacement u~ the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities beasing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor sh-qll erect and maintain, as required by e:ctstmg conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, proruulgatmg safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other h:tzasdous materm]~ or equipment or unusual methods axe necessary, for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses t0.2.I:2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcoruractor. or anyone directly or indirectly employed by tony of them. or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1,2 and 10.2.l.3, except damage or toss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.8 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.? The Contractor shall not load or peIwmt any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- uon or extension of drue claimed by the Contractor on account of an emergency shall he deter-mined as provided in Paragraph 4.3 and Article 7 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LJABILJTY INSURANCE 11.1.1 The Contractor shall purchase from and mmntmn ~n a cnmpany or companies lawfully author[zed to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from dawns set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acrs any of them may be liable: .1 claims under workers' or workmen's compensanon, disabdRy benefit and other swndas m-nploye~: benefit acts w~ch are applicable to the Work to be performed; A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees: .3 claims for damages because of bodily mjutT, sickness or disease, or death of any person other than the Con- tractor's employees: .,4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirecdy related to employment of such person by the Contractor, or (2) by another person; .$ claims fi)r damages, other than to the Work itself. because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom: .6 dawns for damages because of bodily injup.,, death of a person or propem' damage arising out of owner- ship, maintenance or use of a motor vehicle: and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3i8 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interrupmm from date of commencement of the Work until date of fir, al payment and termination of an5' coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the ~nsurance policies required by this Paragraph II.1 shall come.un a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 50 days' poor wnnen nonce has been gtven to the Owner. if any of the foregmng insurance coverages are required to remam m force after final payment and are reason- ably avallable, an additional certificate evidencing commuanon of such coverage shall be submitted with the final Appiicafion for Payment as required by Subparagraph 9.10.2. Information concermng reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractors information and belief. 11.2 OWNER'S [.]ARILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and men/tuning the Owner's usual liability insurance. Optionally, the Owner may purchase and mmntam other insurance for self- protection agmnst claims which may arise from operafions under the Contract. The Contractor si,all not be responsible for purchasing and malmalning this optional Owners liability ~nsurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and malma~n, in a company or companies lawfully authorized rd do business ~n thc jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at [he site on a replacement cost basis without vol- untap: deductibles. Such property insurance shall be men- rained, unless o[herwkse provided in thc Contract Documents or otherwise agreed tn wetting by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9 10 or until no person or ennty other than thc Owner has an msumble interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors m the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure agmnst the perils of fire :md extended coverage and physical loss or 'damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work. tempormT buildings and debris rernoval including demolinon occasioned by enforcement of any applicable legal requtremems, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purcftase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in v,,-riting prior to commencement of the Work. Thc Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or mamtmn insurance as described above, without so notifying the Contracror. then the Owner shall bear ail reason- able casts properly attributable thereto. 11.3.1.3 If the property insurance requxres mmimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required m~nwnum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with vofuntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles, If deductibles are not identified in the Contract Documents. the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ~nents. this property insurance shall cover pormms of the Work stored off the site after written approval of the Owner at the value established in the approval, and aiso portions of the Work 11.3.2 Boiler and Machinery Insurance. Thc Owner shall required by the Contract Documents or by law. which shall specifically cover such insured ohiects during installation and until final acceptance by the Owner: £1~is insurance shall include subcontractors tn the Work, and the Owner and Comracror shall be named insurecks. 11.3.3 loss of Use Insuranoe. The Owner, at the Owner's insure tile Owner against loss of use of the Owner's property due [o fire or other hazard.s, hDwever caused. The Owner of Ihe Owner's property, including consequentall losses due to 11,3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special baz- ar(Is be included in the proper~y insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change 0 rder. 20 A201-1987 AIA DOCUMENT A~01 · GENEP-~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · (~ 1987 THE AMERICAN INSTITUTE O~: ARCHITECTS, 173fi NEW YORK AVENUE. N W, WASHINGTON, DC. 20000 11.3.5 If during the Proiect construction period the Owner insures properties, real or personal or both, adjoining or adia- cent to the site by property, insurance under policies separate from those insuring the Project, or if after fmal payment prop- erty insurance ks to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect durmg the construction period, the Owner shall waive ali rights in accordance with the terms of Subparagraph I 1.3.7 for damages caused by fire or other per/is covered by this separate property insurance. )Jl 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 Flie with the Contractor a copy of each policy that includes insurance coverages reqmred by thi~ Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to ex'pire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. Thc Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sob-subcontractots, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph I 1.3 or other property insurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwkse. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their iust shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiducla~. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by approprmre Change Order. 11.3.10 The Owner as fiduciary, shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; ff such objection be made, arbitrators shaft be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration ks required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner sh~l have the right to require the Contrac- tor to furnish bonds covering faithfnl performance of the Con- [mm and payment of obligations arising thereunder as stipu- lated in bidding requirements or specificmlly required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entitT appearmg to be a potential beneficlaff of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVEPJNG OF WORK 12.1.1 [fa portion of the Work is covered contraO. to the Architect's request or to requirements specifically e.,cpressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect h~s not specifically requested to observe prior to its being covered, the Architect may request to se~ such Work and it shall be uncovered by the Contractor. If such Work ks in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order. be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents. whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ' © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 2COO6 A201-1987 21 for commencement of warrinties establLsbed under Sub- p0ragraph 9.9. I, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly aAer receipt of written nonce from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 5ubstantivd Completion by the period of nme between 5ubstan- tiff Completion and the actual peffom'tanee of the Work. Thru obligation under this Subparagraph 12.2.2 si'mil survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12,2.3 The Contractor shall remove from the site portions of the Work which 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 in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage x,.qthin ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at aucnon or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensanon for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficienc% If payments then or thereafter due the Contractor are not suttlc~ent to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shag be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to t.he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3,1 If the Owner prefers to accept Work which is not in accordance with the requu'ements of the Contract Documents, the Owner may do so instead of requirthg its removal and cor- rection, tn which case the Contract Sum w~ be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be govemed by thc law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner =nd Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party, to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shag nevertheless remain legally responsible for ali obligations under the Contract. 13.3 WRI ~ IcN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mall to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shag be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contraczor shall constitute a waiver ora right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder. except as may be specifically agreed in writing. 13.5 TESTS; AND INSPECTIONS 13.5.1 Tests. inspections and approvals of pomons of the Work required by the Contrac~ Documents or by laws, ordi- nances, rules, regulations or orders of public aurhotities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shag make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shag bear all related costs of tests, inspections :md approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotmtions concluded. 13.E.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approva/ by an entity acceptable to the Owner, and the Contractor shall give timely notice to the .~'chitect of wben and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shall bear such cOStS except ~s provided in Sub- paragraph 15.5.3. 13.5.:1 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary, by such failure including those of repeated procedures and compensation for the Architect's services and 13.5,4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and prompdy delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals reqtm:ed 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 prompdy to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 PaymentS due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from th'ne to time at the place where the Proiect is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 .~ bet-ween the Owner and Contractor: .1 Before Substantial Completion. Ks to acts or failures to act occurring prior to thc relevant date of Substan- dsl Completion. any applicable statute of limitations shall commence to run and any afleged mu.se of actiod shall be deemed to have accrued in any and all events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. Ks to acts or failures to act occur* ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shy commence to run and any 2[J~ed cause of action shalJ be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Cerflflcata for F~,,yment. Ks to actS or failures to act occurring after the relevant date of issu- ance of the final Cenifieate for Payment. any appli- caDle statute of limitations shall commence to mn and any alleged muse of action shall be deemed to have accrued in any and all eventS not later than the date of any act or [ailure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, orthe date of actea/ commission of any other act or failure to perform any duty or obligation by the Contractor or Owner. whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Conrxactor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agentS or employees or any other persons performing portions of thc Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of nar. ional emergency., making material unavailable; .3 bemuse the Architect has not issued a Certificate for Payment and h~ not notified the Contractor of the reason for withholding cerdfimtion as provided in Subparagraph 9.4.I, or bemuse thc Owner has not made payment on a Cer~ifimte for Payment within the time stated in the Contract Documents; .4 ff repeated suspensions, delays or interruptions by the Owner as described in paragraph 14.3 constitute in the aggregate more th~n 1 O0 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .$ the Owner hms failed to furmsh to the Contractor prompdy, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons existS, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant tO the progress of the Work. the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract :md recover from the Owner as provided in Subparagraph I4.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreementS Between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substandal breach cfa provision of the Contract Documents. 14.2.2 When any of the above reasons ernst, the Owner, upon certification by the Architect that sufficient cause e.,dsts to ius- A201-1987 23 tify such action, may without .pmiudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employmem of the Contractor and may, subjec~ to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction eqtUPment and machin- ery, thereon owned by the Contractor; .2 accept a~signment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever tea.sortable method the Owner may deem expedient. 14.~'.$ When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.I, the Contractor shall not be entitled to receive Mrther payment undi the Work is f'm~shed. 14.2.4 If the unpaid balance of the Contract Sm exceeds costs of finishing the Work, including compensation for the Archi- tect's services and exp~ made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner. as the case may De, shali be certified by the Architect, upon appli- cation, and th~s obligation for payment shall survxve termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order thc Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment sha~i be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible: or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. PREFABRICATED DOME SALT SAND STORAGE BUILDING H-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. Proper~y Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION PREFABRICATED DOME SALT SAND STORAGE BUILDING H-2 THE AtvERICAN INSTITUTE OF ARCI-tlTECT5 AIA Documer I A~lll Performance Bond KNOW ALL MEN BY Tllr. SF, PRF:SF,NT5: th.at ~S Pr ~cip,~, herein*fret c~lled Con{r,~dor, Surely, herelnnfter c~lled Surely, ;~re held ;md firmly bound unlo · as Oblil]ee, herein~after c.alled Owner, in Ihe ~mount of Dolbrs ($ ), for the p~ymenl whereof Conlr~clor ~nd Surety bind lhemfelve~, Iheir heirs, execulors, successors and assigns, joinlly and severally, firmly by Ihese presenl~. WHERF'AS, Corllraclor h~s by wrillerl ~reefnenl (bled 19 , et~l~rml bio ] conlr~d wilh ()wnnr fi)r in ~ccorcbnce wilh Or~winss ;md Specil'icalions prepa,'ed by PERFORMANCE BOND Signed and sealed this day of 2 THE AMERICAN INSTITUTE OF ARCHITECTS. AIA Document AJ~ t Labor and Material Payment Bond KNOW ALL /',dEN BY THESE PRESENTS: that as Principal, herein,~fter called Principal, arid, aS Surely, hereinafter called Surety, are held and firmly bound unto as ObJigee, hereinafler called Owner, for Ihe use and benefit of claimanls as hereinbeJo;v d'~'fined, in lhe amount of for the payment whereof Principal and Surety bind themselves, Ihelr heirs, e×eculnrs, ,~dministralnrs, successors and assi[ns, jointly and ~everally, firmly by Ihese presenls. WHEREAS, f~rincfpal has by written agreement doled 19 , entered into a contract with Owner for ~n accordance with C)rawin§s and Sl]ecificalions prepared by which contract is by reference made a part hereof, and is hereinafter referred lo ~ [l~e Co~drr~ct claimant is defined as one havin§ a direct con- 2. The ,above named Principal and Surety hereby ch~irnant as herein defined, ',,,,'ho has not been paid in 4. The amoun( o1' tbis bond shP, II be reduced by and Si§ned and sealed ~his day of 19 4 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, as Principal and the business for the State of New York at as Surety, are held and firmly bound unto the (hereinafter called the Obligee), as Obligee in the sum of. ($. .). DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of ,19 WHEREAS, the Principal heretofore entered into a wdtten contract with the Obligee for (hereinafter called the Principal) Corporation with an office and place of , New York, (hereinafter called the Surety), WHEREAS, said Contract provides that the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said contract with the period of years from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect. Principal BY: BY: STATE OF ) ss: COUNTY OF .) On this day of the within named to me to be in and who executed the within bond, and same· 19 before me personally appeared to me known, and known the individual described acknowledged to me that he executed the NOTARY PUBLIC PREFABRICATED DOME SALT SAND STORAGE BUILDING J-1 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (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 (OwnedContractJng Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 __ Attest: Principal: PREFABRICATED DOME SALT SAND STORAGE BUILDING K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for PREFABRICATED "DOME TYPE" SALT SAND STORAGE BUILDING at SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 PREFABRICATED DOME SALT SAND STORAGE BUILDING 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 applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of pen~ormances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. PREFABRICATED DOME SALT SAND STORAGE BUILDING M-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local ofthe Project being contracted bythe Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). PREFABRICATED DOME SALT SAND STORAGE BUILDING M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every prevision 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 threugh mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national odgin 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 previsions 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, offerer, applicant, or subcontractor certifies that he does not maintain or previde 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 previde 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 origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) 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): PREFABRICATED DOME SALT SAND STORAGE BUILDING N-1 "During (1) (2) (3) (4) (5) (6) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. the performa, nce of this contract", the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin. 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. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or pumhase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enfoming such provisions, including sanctions for noncompliance: Provided. however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL pROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each pdme contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the previsions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a pdme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Govemment 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 betow the first tier which performs construction work at the site of construction shall be required, to fife 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 ortho Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a pdme contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the pdme contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, pdme contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. In any case in which a bidder or prospective pdme contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent pedod or such other pedod specified by the agency or the Director. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests pdor to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, pdor to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-4 Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of_8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. pREFABRICATED DOME SALT SAND STORAGE BUILDING N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; PREFABRICATED DOME SALT SAND STORAGE BUILDING N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires t.hat if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor;, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. PREFABRICATED DOME SALT SAND STORAGE BUILDING N-8 II. Ill. SPECIFICATIONS SELF SUPPORTING "DOMAR' SALT STORAGE BUILDING (OR APPROVED EQUAL) SCOPE: A. It is the intent of these specifications to describe a prefabricated dome salt sand storage structure. This building shall be constructed within a designated area of the Town Highway Maintenance Yard located on Peconic lane for the purpose of storing a minimum of 535 Cubic Yards of salt sand material. B. The building to be furnished shall be forty (40') feet in diameter. The perimeter walls are to be twelve (12") inch thick, 4,000 psi concrete and shall be six (6') feet in height. The prefabricated structure provided shall meet the minimum design criteria of a "Domar" Salt Sand Storage Building as Manufactured by DOME CORPORATION of America - or approved equal. (102 Industrial Drive, Frankfort, N.Y. 13340, - phone 315-895-7452) C. The Town of Southold, after careful consideration, has determined that the above mentioned product is best suited for its needs for storing salt sand materials. Any substitutions to the above referenced structure shall meet or exceed all aspects of design specifications and operational clearances for the above referenced building. PROJECT LOCATION: A. The prefabricated Dome salt sand storage building shall be located and constructed within the Town Highway Maintenance Yard in Peconic. This facility is on Peconic Lane just north of State Route 25. B. The prefabricated structure shall be erected on an asphalt pad that is constructed by the Highway Department. The pad shall be a sixty (60') foot by sixty (60') foot level pad (+/- 1"), consisting of a six (6") inch stone blend base and four (4") inches of asphalt pavement. (Asphalt shall be placed in two lifts and compacted to optimum density.) The minimum bearing capacity of the Asphalt Pad shall be 3,000 P.S.F. SUMMARY OF WORK: The work, in general terms, shall consist of furnishing all labor, materials, related equipment, tools and supervision necessary for the complete construction of the panelized "Domar" Salt Sand Storage Building as herein specified and detailed. Miniaturized documents of Manufacturer's Drawings are included at the end of this Specification. To review full scale drawings contact James A. Richter, R.A.,Town Engineering Dept. at (516-765-3070). PREFABRICATED DOME SALT SAND STORAGE BUILDING Page1 IV. Each bidder shall specify the number of years the building will be guaranteed. (All guarantees shall include labor and materials.) Minimum guarantees shall not be less than one (1) year for the building and five (5) years for the roof. The roof slope, except for the doorway canopy, shall not be less than 26 degrees. Qualified bidders shall have a minimum of five years experience in similar work specified herein. Bidders shall submit at least three (3) locations where they have completed similar work within the last two years. All submissions shall indicate names of owners including addresses and telephone numbers. DESIGN CRITERIA: A. The Foundation: The foundation shall be a floating mat foundation as per BOCA Code 1205.3 and shall be 4" Asphalt over 6" Stone blend as installed by others. The asphalt pad shall have a minimum bearing capacity of 3,000 PSF and shal~ be level (+/- 1"). B. The Retainino Wall: The retaining wall shall be a reinforced 4,000 psi concrete tension ring, one (1') foot thick and six (6') feet high designed to withstand the pressure of the stored material and the Dome structure's dead and/or live loads. The retaining wall shall sit on the floating mat foundation. After curing, the inside of the retaining wall shall be coated with two (2) applications of a mixture of 50% mineral spirits and 50% linseed oil. C. The Structure: The structure of the Dome building shall be designed to meet or exceed all snow and wind load requirements of the New York State Building Code. Wind loads shall be adjusted to allow for the slope of the Dome panels. An entrance opening shall be provided with a minimum height of eighteen (18') feet and a minimum width of fifteen (15') feet. D. Roofing: Roofing material shall be standard asphalt roof shingles with a minimum manufacturer's warranty of 25 years. The shingles shall be installed over a 15 lb. Roofing felt. On areas with a slope of less than twelve (12) degrees, roll roofing shall be used with a minimum overlap of eight (8") inches between roofing materials. E. Building Caoacity: The proposed forty (40') foot diameter building shall be of sufficient size to store 535 tons of salt sand based on the weight of 80 lbs. Per cubic foot or 2,160 lbs. Per cubic yard. Storage of piled material shall not exceed an angle or repose of 33 degrees. Totally unobstructed and usable floor area within the interior walls shall be approximately eleven hundred (1,100 ) square feet. The building shall be approximately thirty (30') feet high and shall include a built-in fan dormer. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 2 VI. PREFABRICATED STRUCTURE: A. Scope: The work covered by this section of the specifications consists of furnishing all plant and site labor, equipment, appliances and materials, and the performance of all operations in connection with the purchase, delivery and erection of the forty (40') foot diameter prefabricated "Dorma¢' Salt Sand Storage Building, to be installed on a six (6') foot high reinforced concrete retaining wall. A fan dormer shall be included and the contractor shall provide a complete building in accordance with this section of specifications as provided herein by the Town of Southold. B. Description of Work: The building shall be dome shaped, self-supporting with no internal supports inside to hamper loading and unloading of salt sand materials and vehicle operations. The entrance shall have a clear opening of fifteen (15') wide by fifteen (15') high. The Dome structure will be made from single skin panels, as well as the entrance trusses, canopy wails, etc., will be made from the following material: 1. Lumber: The outside framing members of the panel shall be SPF species or better, grade # 2 or better, kiln dried to a maximum moisture content of 19%. The internal studs shall be southern pine species or better, # 2 or better, and be kiln dried to a maximum moisture content of 22%. 2. Plywood: The plywood shall be 5 ply-5 layer, Douglas fir plywood, extedor grade, structural #1, CCX. No other grade of plywood will be acceptable. All plywood shall be agency rated and conform to PS-1-83. 3. Glue: The glue shall be Liquid ResorcinoI-Phenolic Formaldehyde Resin, mixed and applied as per manufacturer's instructions. 4. Hardware: The hardware used to assemble the stress skin panels on site shall be 5/8" diameter bolts with 2- 3/4" square washers. All bolts, nuts and washers shall be hot dipped galvanized. All nails and staples used in the manufacture of the panels shall be galvanized. SPECIAL PROVISIONS FOR SALT SAND STORAGE BUILDING: A. Delivew and Erection: The building furnished by the successful bidder is to be erected or assembled at the site specified and as per the approved plans. The contractor shall be responsible for the safe unloading and storage of the prefabricated panels. It will also be the responsibility of the contractor to make minor adjustments necessary in the foundation was to accomplish a vertical building axis and level horizontal foundations lines. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 3 Completion Date: The contractor shall start the work within 15 calendar days after notice of award and receipt of contract, and shall complete the project within sixty (60) calendar days. Concrete Reinfominq: The contractor shall provide all labor, materials, related equipment and supervision necessary for the complete reinforcement of the concrete foundation walls as required by building specifications and detailed structural drawings. 1. PrQducts: a. Reinforcing Steel: Deformed steel reinforcing bars conforming to A.S.T.M. -AG 1572 Grade 60 Metal shall be clean and free from loose rust, scale, or coatings that will reduce bond. b. Anchor Bolts: Shall be unfinished grade A.S.T.M. designation A307 with yield strength Fy = 36 Ksi. The anchor bolts shall be hot dipped galvanized. c. Metal Accessories: Include all spacers, chairs, ties and other devices necessary for the proper spacing, supporting and fastening of the reinforcing steel in place. 2. Execution: Place reinforcement accurately in position shown on the drawings; securely fasten and support to prevent displacement before and during placement of concrete. Cleaning, bending and placing of reinforcement shall be done in accordance with the requirements of the American Concrete Institute ACI 318. Latest Edition Cast in Place Concrete: The contractor shall provide all labor, materials, related equipment and supervision necessary for the complete reinforcement of the concrete foundation walls as required by building specifications and detailed drawings. All concrete used for footings, foundations, pier and post supports (below and above grade) shall have a compressive strength of 4,000 psi at 28 days. All concrete above grade shall be air-entrained. 1. Portland Cement; All Portland Cement must meet Air-entrained Portland Cement A.S.TM. Designation C150-74, Type lA. Mixina Water; Water shall be clean and free from oil, acid and injurious amounts of vegetable matter, alkalies and other salts. Application: It shall be the contractor's responsibility to check all dimensions and accuracy of the form work and reinforcing steel prior to placing the concrete. The contractor shall follow the normal and recommended practice for the placing and protection of the concrete work. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 4 Framing and Sheathing: The work required under this section consists of all carpentry materials, rough hardware, related items necessary to complete the work indicated on the drawings and specifications. 1. Materials: a. Plywood: The plywood shall be 5 ply-5 layer, Douglas fir plywood, extedor grade, structural #1, CCX. All plywood shall be agency rated and conform to PS-1-83. b. Lumber: All lumber shall conform to American Softwood Lumber Standard PS-20-74. 2. Execution: a. Provide all labor, materials and equipment' necessary to complete all carpentry work and related work under this division. All carpentry must be installed by skilled carpenters working under proper supervision. The work shall be carried out in a thoroughly high grade and work-man-like manner. The framework shall be assembled using 3 1/4" galvanized spiral nails. All joints shall be tight and present a smooth surface for gluing. The plywood sheathing shall be attached to the frame using glue and 2" spiral nails or 1 3/4" galvanized staples. The plywood shall then be beveled to suit the framework. b. Assembly and erection of prefabricated panels, installation of the doorway trusses, canopy and all related work must be done in accordance with manufacturer's drawings and specifications. Adjustments may be made on site if found necessary and shall be carried out in a work-man-like manner conforming to good building practices. Moisture Protection - Asphalt Shinale Organic/Fiberglass Mat: The contractor shall furnish all labor, materials, tools, equipment and supervision to properly install the asphalt roofing shingles to all surfaces designed for roofing on the drawings. 1. Product: a. The asphalt shingle shall be organic or fiberglass mat and carry a 25 year minimum manufacturer's prorated warranty. The shingles shall be self-sealing and be of American Manufacture. The shingles shall be installed with large head, galvanized roofing nails as per the manufacturer's instructions. b. Material for underlayment of shingle shall be non-perforated, 15 lbs. Per 100 square foot, Asphalt Saturated Felt, 36 or 32 inches wide and conforming to A.S.T.M. designation D-226-68. The felt shall be attached directly to the plywood sheathing with large flat head galvanized roofing nails. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 5 c. The shingle color shall be as selected by the Superintendent of Highways for the Town of Southold. 2. Execution: a. Surface to be covered with asphalt shingles shall be smooth and free from defects of every description, all such surfaces, shall be dry and clean from dirt, rubbish and other foreign materials before the roofing is started. All projecting nails shall be set flush to the roofing sheathing. b. The roofing shall be installed in strict accordance with the manufacturers instructions in the conventional manner after the complete building has been erected. At no time should roofing felt or shingles be stored or applied on the building until all internal bracing has been installed. c. Flashing shall be installed where called for on the approved drawings and shall be of .025 mill finish aluminum, non- corrosive metal or non-metallic material. d. The roofing felt shall be applied in such a manner that each panel joint is overlapped to prevent leakage and installed with large head galvanized roofing nails. e. The roofing shingles shall be applied with large head galvanized roofing nails, the number and location of the nails to be as governed by the manufacturer's directions. f. Roof vents and other openings in the roof shall be properly installed in such a manner to prevent leakage. Finishe~: The contractor shall provide all labor, materials and equipment necessary to paint all exterior exposed wood surfaces. 1. General: Surface Preparation: The surface to be painted shall be sanded smooth, all dust and dirt must be removed and the surface must be completely dry. No painting shall be attempted when the temperature is below 55 degrees Fahrenheit. 2. Product: The paint selected shall be first quality materials as manufactured by: **Sherman Williams *' Pittsburgh Paints ** Devoe Paint '* Or approved equal. Color shall be as selected by the Superintendent of Highways for the Town of Southold. The paint shall be semi-gloss, latex exterior house paint. 3. Application: The material selected shall be applied in strict compliance with the manufactureds specifications. The painting shall consist of one (1) coat Primer and two (2) coats finish. PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 6 VII. Clean Up: 1. The contractor shall be responsible for the removal of all drops or spots of paint on all other surfaces and shall leave the work in a clean and acceptable condition. 2. All paint cans and debris from the process of painting shall be removed from the property and be legally disposed of. ELECTRICAL REQUIREMENTS:. A. Electrical service: The Town of Southold shall be responsible for the installation of the Electric Service that will be attached to the outside of the concrete foundation wall. The installation of breaker box, switch box, light fixtures, fan and all related wiring coming from the service shall be the responsibility of the contractor. B Electric Work: The contractor shall be responsible for the electrical work and shall consist of the following: 1, Supply and install 100 AMP / 115-120 Volt Breaker and Switch Box. All wiring, conduit and related electrical installations shall meet or exceed all National, State and Local Electrical Codes. 2. Supply and install three (3) 150 Watt, High Pressure Sodium, corrosion-proof fixtures with all necessary switches and wiring. Installation shall provide for slope draining to conform to local and state electrical codes. Lighting fixtures shall be located as follows: a. On the interior: one (1) each on the appropriate ring and height of the dome, 90 degrees to the left and right of the entranceway. b. On the exterior: one (1) fixture shall be installed over the canopy of the entranceway. 3. Supply and install one (1) electrical corrosion-proof exhaust fan with a minimum capacity of 6575 cubic feet per min. The fan shall be Bayley Type JB24-6U3-G, Industrial Exhaust Fan, Single Phase, ~ H.P., 885 RPM, Belt-driven Propeller fan. All wiring, conduit and related electrical connections shall meet or exceed all National, State and Local Electrical Codes. 4. All materials, fixtures, fan and installation shop drawings must be submitted to the Town Engineer for review and approval prior to commencing the work. END OF SPECIFICATION PREFABRICATED DOME SALT SAND STORAGE BUILDING Page 7 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 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 th~ Town of Southold hereby authorizes and directs the Town Clerk to readvertise for 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 INVITATION TO BID PROJECT: PREFABRICATED 40' DIAMETER "DOME TYPE" SALT SAND STORAGE BUILDING - SOUTHOLD TOWN HIGHWAY DEPT. PECONIC LANE, PECONIC, NEWYORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Prefabricated Done Salt Sand Storage Building located at the Southold Town Highway Department on Peconic Lane, in accordance with the Specifications 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 10:00 AM, Thursday, May 8 , 1997. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: April iS, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk PREFABRICATED DOME SALT SAND STORAGE BUILDING A-1