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Home My WebLink AboutEmergency Generators ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 13,2007 Gerard Turza GT Power Systems Inc PO Box 402 Wainscott, NY 11975 Dear Mr. Turza: I have been in contact with Mr. James McMahon and he has informed me that the we have taken possession of the Generators. The bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Bohn Deputy Town Clerk Ens. _fI.Jm:J.::tI:aI:Il......"'f::c..,I.J~I.Ji.l..J..J.'l.:I" :i::llll.]::I~_W..'.'rJI:.J.:a.=-.=II_..."1.;L8.H.1l1 . Complete Items 1. 2, and 3. Also complete ftem 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallplece. or on the front if space permits. 1. Article Addressed to: ~..~ \OrLl't- ~T\t,WQV ~5+e.....6 It1L ".C. ~o)C 46~ \Jh\n8.0-tt 1\I"f 1191S 2. Article Number (Tran_ from service label) A.51 x o Agent o Addressee C. Date of Delivery 17 0 Yes ONo 3. Se~ ~Certifjed ress Mall o Reglstered 0 Return ReceIpt for Merchandise [J Insured Mall D C.O.D. 4. Restricted Delivery? (CxtJa Faa) Cl Ves ----------,,- 7003 3110 0001 8547 8437 t~O::Q~_u..to::.o.. C~ I=,..rrn ~A11 1=......rll...v?nnA l"'In...oatl"g....tll....g.,.,......lnt ?"- m 3" <0 U.S. Postal Service,. CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I"- 3" IJ1 <0 post~ r=I Certified}~1 o ; I g Return ReciepiQ', (Endorsement Aeqult'~ . o Restricted Delivery Fee r=t (Endorsement Required) r'I m Postmark Here Total Postage & Fees $ m ~ :rtc",... .'!_~r:'.....~.s.~...Ln.~.................... o:.7!!.~:No~:;..:::p,.o...=.\6.Cl~....4Q.f),.......... ............... City, Stats, ZIP+4 :11 r t u.s. Postal Service", CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~ CJ Add...... Printed Name} C. Dale 01 Delivery ~-;l.I-t>\' DYes CJ No IT"" m "- "- :3" L11 . <0 ,., D c:J Retum Reclept Fee o (Wtdorsement ReqUired) o F~ed Delivery Fee ~ (E1rOlSement Requlnld) m Thtal Postage & Fees $ Postmark Here Certified Fee all CJ Exp.... Mall o Return Receipt for Merchandise ~I CJ C.O.O. !1Very? (Extra Fee) CJ Yes J01 8547 7393 102595-02.Mo-1540 Postmark Here 12006 s~ ~'\'" Express Mall o Return ReceIpt for Merchandise lall CJ C.O.O. ~1Ivery? (Extra Fee) CJ Yes L 8547 7379 , 102595-02-M-1540 "'..n <0 m "- "- :3" L11 <0 ,., D D D u.S. Postal Service"., CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) SECTION ON DELIVERY Postmark Here m D D "- CJ Exp.... Mall D Return Receipt for Merchandise . CJ C.O.O. ~(ExtraF") 8547 7386 Dyes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-N1-1540 Bohn, Lynda From: McMahon, James Sent: Friday, March 09, 2007 2:55 PM To: Sohn, Lynda Subject: RE: bid checks Everybody but Latham is done..... he has not started -----Original Message----- From: Bohn, Lynda Sent: Friday, March 09, 2007 2:52 PM To: Richter, Jamie; McMahon, James Subject: bid checks RE: Bid checks DATE: March 9, 2007 Please advise if the bid checks for the following bids may be returned. Westphalia Drainage Generators Pump Out Boat - FI Stone Dust Screening - FI Lynda M Bohn Lynda M Sohn Deputy South old Town Clerk Principal Account Clerk 3/1312007 Latham GT Power Marien Boatbuilders Corazzini Asphalt Page I of I . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD CERTIFIED MAIL Gerard Turza GT Power Systems, Inc PO Box 402 Wainscott, NY 11975 Dear Mr. Turza: August 18, 2006 Congratulations. accepted the bid Generators. A returned to you regular meeting installation current bid Ene. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfor k. net 8,2006 be . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD August 18, 2006 CERTIFIED MAIL James Haugland Commander Electric 500 Johnson Avenue Bohemia, NY 11716 Dear Mr. Haugland: The Southold Town B~, at its lar meeting accepted the b' T Power;S~~fems f( .upply & generators. of ~.~esoluti~!'J. is enclosed. herewith is bmitt~d:with.this year's bid. submitting . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. northfork. net Very ttuIy yours, Ene. L tida M. Bohi1 y DeputY Town Clerk 8, 2006 emergency returned for . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD August 18, 2006 CERTIFIED MAIL Thomas Daly JP Daly & Sons, Inc 88A Brook Avenue Deer Park, NY 11729 Dear Mr, Daly: The Southold Town Bowd, at its regular meeting accepted the .T Power Systems fot .supply & generators. of the resoluti9n is enclosed. herewith is llubmitted with this year's bid. submitting Very tqIly yours, 8, 2006 emergency returned for Lyn(\a M. Bohn Deputy Town Clerk Ene. Town of Southold - Lette. - '~ . '" . 1...)< ; Boar eeting of August 8, 2006 .-.~ .11# RESOLUTION 2006-667 ADOPTED Item # 19 DOC ID: 2077 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-667 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2006: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!I'eement with GT Power Svstems in connection with the supply and installation of Emergency Generators in the amount of $152,861, as per the plans and specifications prepared by James Richter, RA, Office of the Town Engineer, subject to the approval of the Town Attorney. 6Jj~~2;k~~' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 9, 2006 Page 27 Town of Southold - Lette. . \);".~..& Boar eeting of August 8, 2006 RESOLUTION 2006-666 ADOPTED Item # 18 DOC 10: 2076 TIDS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-666 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2006: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of GT Power Systems. PO Box 402. Wainscott. NY 11975 to supplv the town with Emerl!encv Generator Systems for the Southold Town Hall. Hil!hwav Department. Police Department and Katinka House, in the amount of$152,861, all in accordance with the plans and specification prepared by James Richter, RA, Office of the Town Engineer and the approval of the Town Attorney's office.. ~~;u. Elizabeth A. Neville Southold Town Clerk RESVL T: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 9, 2006 Page 26 . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 1 JP Daly & Sons 88A Brook Avenue Deer Park, NY 11729 115,00.00 Commander Electric 500 Johnson Avenue Bohemia, NY 11716 58,834.00 GT Power Systems PO Box 402 Wainscott, NY 11975 33,358.00 BID OPENING Emerl!:encv Generator Systems Bid Opening 8/3/0610:00 A.M. 2 PROJECT # 3 121,000.00 70,000.00 53,444.00 36,578.00 43,842.00 36,840.00 4 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Total 103,000.00 409,000.00 39,546.00 188,402.00 38,821.00 152,861.00 , . . Invitation to Bid 111111 & 11_lldll ElllrlllCI 1IIII'IIIr Slltllll For the Town of Southold 53095 Main Road, State Route 25 SOUTHOLD, NEW YORK 11971 Date: June 20, 2006 ~\UfFOl~ SOUTHOLD TOWN III- ENGINEERING DEPARTMENT ~ . ...... ~ SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD S.~~ Ell . . . INVITATION TO BID PROJECT: The supply, installation and electrical connections of new emergency generator systems for the following Project Locations and/or Uses: 1. Southold Town Hall (75Kw); 2. Southold Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). The Town Board of the Town of Southold will receive bids for furnishing all Labor, Materials and Equipment as specified in the bid documents for the supply, installation & delivery of emergency generator systems in accordance with the Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until All specifications are provided herein: 10:00 AM, 3rd Day Auaust Month 2006. Year 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 for one or more of the project locations listed herein, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, 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: June 6. 2006 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Supply & Installation of Emergency Generator Systems 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 labor, materials, plant, equipment, tools, or other facilities, & to supply all generator systems and materials in strict accordance with the 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, for each item bid, and made 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 judgment, 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 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 specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. Supply & Installation of Emergency Generator Systems B-1 . . . E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded for one or more of the Project Locations listed in these specifications to a responsible bidder. This responsible bidder may be 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 Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. 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 interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. Supply & Installation of Emergency Generator Systems B-2 . . . INDEX TO SPECIFICATIONS T-1 A-1 B-1 through B-2 C-1 D-1 through D-3 E-1 Page 1 through 24 F-1 through F-2 G-1 J-1 through J-2 L-1 through L-3 M-1 through M-8 Project # 1 Project # 2 Project # 3 Project # 4 Page 1 through 12 TITLE SHEET INVITATION TO BID INSTRUCTIONS TO BIDDERS INDES TO SPECIFICATIONS PROPOSAL FORM STATEMENT OF NON COLLUSION GENERAL CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL CONDITIONS NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION NON-DESCRIMINATION CLAUSE PREVAILING WAGE RATES! PAYROLL CERTIFICATION FORMS COMPLIANCE WITH THE LABOR LAW PROJECT SPECIFICAITONS - South old Town Hall (75Kw) PROJECT SPECIFICAITONS - SoutholdTown Highway (40Kw) PROJECT SPECIFICAITONS - Katinka House (40Kw) PROJECT SPECIFICAITONS - Portable, Trailer Mounted (75Kw) SPECIFICATIONS: GENERATOR SET Supply & Installation of Emergency Generator Systems: C-1 . . PROPOSAL FORM Page 1 of 3 Date: ~l~ j()p NAME of BIDDER: ar Pow~C'1sf-UYJ.s /ne- PO Ao y: t/o 'J !NO.J n S GO ft /IAf /I q 7 <j Telephone: ~ 31 -531-6:;; 1;;( 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 and specifications dated: June 20, 2006, including bidding requirements, contract, general and special conditions, specifications, and addenda, (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 Labor & Materials not provided by the Town (See Specifications) and to perform all the work required to supply, construct, perform and complete the work for: The Supply, Installation and Electrical Connections of New Emergency Generator Systems for the following Project Locations and/or Uses: 1. Southold Town Hall (75Kw); 2. Southold Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., South old Town Engineering Department, South old Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Supply & Installation of Emergency Generator Systems D-1 , . . PROPOSAL FORM" Cont. Page 2 of 3 PROJECT # 1: South old Town Hall (75kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL A NEW 75kw EMERGENCY GENERATOR SYSTEM FOR THE SOUTH OLD TOWN HALL. THE PROJECT SHALL INCLUDE THE DISCONNECTION AND REMOVCAL OF THE OLD GENERATOR, ENCLOSURES, LOAD BANK & FUEL TANK. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HERE. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: '-t:h,rK.t fflr.{..(. (j..hovsand fthrf..<.-- tvndved Fife, ~hr rIt g3,3S-? 00 (written In words) written In numbers) PROJECT # 2: Town Highway Dept. (40kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL A NEW 40kw EMERGENCY GENERATOR SYSTEM FOR THE SOUTHOLD TOWN HIGHWAY DEPARTMENT. THE PROJECT SHALL INCLUDE THE INSTALLATION OF A 200 AMP, THREE PHASE, AUTOMATIC TRANSFER SWITCH AND A NEW 40 AMP EMERGENCY SUB-PANEL IN THE OFFICE BASEMENT. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ~oR'tk:f 'mt"ll- V-ho\Jsand u9hi h\Jnclf"ed hxh,Jwo vi 1S/6'-1a.OO (written In words) (written In numbers) PROJECT # 3: HRC Katinka House. (40kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL ANEW 40kw EMERGENCY GENERATOR SYSTEM FOR THE KATINKA HOUSE LOCATED ADJACENT TO THE HUMAN RESOURCE CENTER. THE PROJECT SHALL INCLUDE THE INSTALLATION OF A 200 AMP, THREE PHASE, AUTOMATIC TRANSFER SWITCH. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ~1r+yS.')l V-holJSMd ~h1 hlJndf"e.cI PORA-j 1!f.3(P,'B'-Io.OO (wrttten In words) (written In numbers) PROJECT # 4: Portable, Trailer Mounted (75kw Emergency Generator System) CONTRACT TO FURNISH A NEW PORTABLE, TRAILER MOUNTED, 75kw EMERGENCY GENERATOR SYSTEM FOR THE TOWN OF SOUTHOLD. THE PROJECT SHALL INCLUDE THE CONNECTIONS AND WIREING REQUIRED FOR A QUICK DISCONNECT TO POLICE DEPARTMENT FACILITY AS WELL AS EACH OF THE ABOVE REFERENCED LOCATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HERE. THE ABOVE REFERENCED ACJIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: I,. ~~ ~ 'YVllffy ~;, w:::~h t hvndr t.d 'WvurfIf one.. (wrItten In numbers~ I ~ d I . DC> Supply & Installation of Emergency Generator Systems D-2 r &~r SYSTEMS. P.O. BOX 402 1l/1li T "1'T.NV 11'71 J . . PROPOSAL FORM - Cent. Page 3 of 3 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: (tFANY) Dated: Signature of Bidder: Bidders Address: Po .6oy 10d-, Date: ~3(-537-5~{;;J. rrj ~/O(p f , Wet f ns LO H tvy I (Cf7r Telephone Number: Supply & Installation of Emergency Generator Systems 0-3 . . STATElI/Il;blT OF tJlON-COL-LU~IQN (To be completed by each Bidder) In accordance with Section 103-<1 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision ofthe State ofany public department, agency, or official thereof orto a fore district or any agency or official thereoffor work or services performed or to be performed or goods sold or to be sold, shall contain the following statementsubscrlbed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission ofthis bid, each bidder and each person signing on behalf ofany 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 Resolvedthat q<<ard Tvr2CJ..- of the Gr Pow€/ S-rsfljY}S In(, be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: "The Supply, Installation & Electrical Connections of New Emergency Generator Systems for the Town of Southold" and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-<l (103-<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-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 2S day of :::rv~ ,200"Z.-, / (SEAL OF THE CORPORATION) laws of New York, 1965 Ch. 751, Sec.103-d, as amended & effective on September 1, 1965. Supply & Installation of Emergency Generator Systems E - 1 . , . . 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 a. State and Federal: Statutory b. Employer's Liability $ 100,000. Supply & Installation of Emergency Generator Systems F -1 . . .2 Comprehensive General Liability (Including Premises _ Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Supply & Installation of Emergency Generator Systems F.2 , . . 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 Or POvV&r :5.tsf-UYlS, Inc- , (Bidder) Certifies that: 1, It intends to use the following listed construction trades in the work under the contract ;and, 2. A. 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, B. 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, 3. 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 certific ion required by these Bid Conditions. tiorized Representative of Bidder) Supply & Installation of Emergency Generator Systems G -1 , . . NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. 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 payor other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The contractor will send to each labor union or representative of workers with which he 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-discrlmination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. c. The Contractor will post and keep posted in conspicuous piaces, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance ofthe provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. 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. Supply & Installation of Emergency Generator Systems J -1 , . , . . e. 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 Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. f. 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 ofthese 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-dlscrimlnatlon 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. g. If this Contract Is canceled or terminated under clause "fo" , 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. h. The Contractor will Include the provisions of clauses "a.", through "g." In every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as 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 ofthe Owner (Contracting Agency's jurisdictional area). Supply & Installation of Emergency Generator Systems J-2 - , . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SupplY & Installation of Emeraency Generator Systems For the Town of Southold Southold Town Hall 53095 Main Road State Route 25 SOUTHOLD, New York 11971 NOTE: This project shall comply with all rules, regulations and requirements of the NEW YORK STATE DEPARTMENT OF LABOR. BUREAU OF PUBLIC WORK NEW YORK STATE DEPARTMENT OF LABOR Schedule of the Prevailing Hourly Wage Rates and the Prevailing Hourly Supplements Shall Be Incorporated into these Specifications. Supply & Installation of Emergency Generator Systems L -1 Wo-rd ~YROLL CERTIFICATION FORM. ~7-a....... f R-U (Ci'J!!!fJ 1- (11'1.' (Name of signatory party) do hereby state: 1. That I payor supervise the payment 01 the persons employed by onthe Town of J/o&o/d at Pow.e.r S'-f5{--~ I~. (Contractor or Sub-Contractof1 ; that during the payroll period commencing IProjeetorWortl:l on the day of . A-, and ending the day of . A-. all persons employed on said project have been paid the full weekly wages earned (excltpt..not4ldCofurnn 10. fronIoffom1~ that no rebates have been or will be made either dlrecUy or Indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (ContNcIof or Sub <: ~ .actoI) no deductions have been made elU1er directly or Indirectly from the full wages earned by any person other than pennlsslble deductions as dellned by Regulations Issued by the New York State Doparbnent of Labor. If any wages are unpaid, as reported In Column 10 on the front of this form, explain below: 2. That any payrolls otherwise under this contract required to be lubmJtt8d for the above period are correct and completej that the wage rates for ..bore.... mechanic, journeymen, skilled and aemkkllled laborer and apprentices contained therein a,. not lest: than the applleable wage rates contained In any wage determination Incorporated Into the contract; that the clanlficltlons .et forth therein for each laborer, mechanic, Journeymen, skilled and. aeml-eklUedllbonN' and apprentice conform with work he performed. 3. That any apprenticea employed In the above period .... duly reglatand In a bona fide apprenticeahlp program reglsUnd with a State apprenticeship agency recognized by the New York Bureay of Apprendcelhip and TraIning, Department of Labor Ind Industry. ... That (.~ wHERE FRINGE BENEFlES ARE PAID TO APPROVED PLANS. FUNOS OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer, mechlnlc,joumIyman, skilled and nml4killed laborer and C apprentice IIst8d In the abow refennced payroll, paymtntI of frtnge benefits as nat8d In the contract have been or will be made to appropriate programs for the benefit of such employee, except.. noted In SeetIon 4 (c) below. (b). WHERE FRINGE BENEFIES ARE PAID IN CASH Each laborer, Mechanic. journeymen, sldDed and seml..klUed laborer and apprlnUce listed In the above refennced payroll C has been paid, .. Indicated on the payroll, an amount not.... than the sum of the appUcable baste houl1y wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted In Section 4 (c) beIow~ (C). EXCEPTIONS EXCEPTION (CRAFT) EXPUNATIOH REMARKS: I SIGNATURE, I NAME ....11TLE' The willful falslfleatlon of any of the above statements may subject the contractor Of sub-contractor to civil or criminal prosecution. TAKEH. SWORN AND SUBSCRIBED BEFORE ME. (NOTARY & SEAL) THIS Of DAY A.D.20~ Supply & Installation of Emergency Generator Systems L-2 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) Name of 0 Contractor or, 0 Sut)..Contractor: Add....s of Contractor or Sub-COntnlctor: Telephone No. Week Ending or Final Certlficatlon Project Name & Location: 1. Name, Address and Social Security Number of Employee .' 2. 'l; ~. .t~ i!" ~ ~ 5. z~.:l o 3. Work Classfficatlon ,.: .4. DAY AND DATE 5 6. ~SIMITIWITIFIS . o TOTAL RATE ,.: I I I I I I HOUR~ OF PA' o HOURS WORKED EACH DAY o S o S o S o S o S o S o S o S o S Prevafling Wage Serial Number: 7. 8. DEDUCTIONS WITH. HOLDING STATE TAX GROSS AMOUN' EARNED FICA . NEW YORK STATE DEPARTMENT OF LABOR Date Wage Due & Paid: Agency Project Number: TOTAL DEDUC- TIONS 9. 10. NET WAGE AMOUNTS PAID FOR UNPAID WEEK PREVAILING WAGE DMSION C") ...J en E 0) - en >- II) ... .9 e! 0) c: 0) C) ~ c: 0) ~ 0) E w '0 c: o ~ -m c: O/l >- 1S. c. :;] II) . . . . COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: 1. 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. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision Is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or Intimidated In violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. 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 provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are In fact segregated on the basis of race, creed, color, or national origin, because of hablt,local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications In his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Supply & Installation of Emergency Generator Systems M .1 . . 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements In offers is prescribed in 18 U.S.C.1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national orlgln. 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 payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post In conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24,1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all Information and reports required by executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or In part and the contractor may be declared Ineligible for further Government contracts in accordance with procedures authorized In Executive Order No. 11245 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Supply & Installation of Emergency Generator Systems M -2 '. . . (7) The contractor will Include the provisions of Paragraphs (1) through (7) In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: Provided. however. that In the event the contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States." 3. 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 prime contractor and each prime contractor and subcontractor shall cause Its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated Jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in Its place, If such prime contractor or subcontractor (I) Is not exempt from the provisions of this Sub-part 1-12.8 In accordance with 1-12.804; (i1) has 50 or more employees; (Iii) is a prime contractor or first-tier subcontractor; and (Iv) has a contract, sub-contract, or purchase order amounting to $ 50.000 or more, or serves as a depository of Government funds In any amount, or Is a financial Institution which Is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report If It meets the requirements In subdivisions (I), (i1), and (Iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually In accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations In this sub-part. Any such failure shall be reported In writing to the Director by the agency as soon as practicable after It occurs. Supply & Installation of Emergency Generator Systems M -3 '. . . 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) 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 flied 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: (2) "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. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated In a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Supply & Installation of Emergency Generator Systems M-4 " . . ( d) Acquisition of Report Forms. Standard Form 100 Is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form Is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer Information report. 1-12.805.4 PROCUREMENT STANDARDS A. 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. B. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and In excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of ! hours and a standard work week of 40 hours. Work in excess of the standard work day or work week Is permissible provided that the worker Is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked in excess 8 hours In any calendar day or 40 hours In the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or 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. Supply & Installation of Emergency Generator Systems M .5 . , . . C. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee 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. D. Contracts and sub-grants 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. E. 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. F. 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. G. 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. H. All contracts and sub-grants 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 sub-grantee 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 sub-grantees and to assure that suspected or reported violations are promptly Investigated. Supply & Installation of Emergency Generator Systems M -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: 1. 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 anyone calendar day or more than five days in anyone week except In the emergencies set forth in the Labor Law. 2. 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. 3. 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. 4. Section 220.3-8 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. 5. Section 220-8, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring ofemployees 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; Supply & Installation of Emergency Generator Systems M -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. 6. 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. 7. 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. 8. Section 22208 which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that If the provisions of Section 22208 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. Supply & Installation of Emergency Generator Systems M -8 " . . PROJECT SPECIFICATIONS GENERAL REQUIREMENTS Proiect #: 1 SouthoId Town Hall New 75Kw Diesel Generator Page 1 of 2 SECTION 100 General Conditions: 1.01 Work covered in this project shall include but not be limited to: A. The work in this project includes the demolition of the existing Town Hall Generator Set & related facilities. This will include the disconnection and removal of the existing generator, enclosure, load bank and fuel tank. B. The work in this project includes the disconnection of piping, wiring & electrical controls as needed. All conduit end sections and wiring required for re-connection of the new generator set to serve Town Hall shall be as determined by the contractor. Demolition shall also include the removal of all concrete slabs, where required or specified, and debris generated by this demolition work. This work shall be the Contractor's responsibility. C. The contractor shall provide and install a new 75Kw diesel generator to meet the minimum generator set specification requirements with related wiring to the existing Automatic Transfer switch located in the Town Hall basement. D. The contractor shall provide for a quick disconnect adaptor for use of the Portable, Trailer Mounted 75Kw generator set as specified in Project # 4. All connections are to be compatible with new and old equipment. E. All new equipment shall be compatible with existing equipment to remain and the entire system shall be made operational by the contractor. F. The New Emergency Generator Set is to be fully automatic upon completion. G. The contractor shall provide a diesel powered back up generator to power the Town Hall Building during the replacement project and must notify and coordinate any power interruptions. H. Final system load tests to include building load and auxiliary load bank test. I. The intent of the Contract Documents for each project location and/or assembly, is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. This contract includes all site work necessary for the completion of work. 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA) 3. National Electric Code (NEC) 4. Building Code of New York State. . . Proiect 41: 1 Southold Town Hall New 75Kw Diesel Generator Page 2 of 2 1.03 Barriers, barricades & other protective means shall be provided by the Contractor around all areas of work during construction. Barricades shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. 1.04 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate substitutions into the work. This shall including additional engineering, certification or testing. No claims for additional cost related to substitutions will be allowed and all substitutions shall be subject to the following: A. For products specified by naming only one product or manufacturer, or with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect if such a product is available. B. Substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. C. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. D. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects & waives all claims for additional costs. E. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. SECTION 300 Concrete: 3.01 The contractor shall provide a new concrete pad to support the new Generator Sets where required or applicable. This pad shall serve as foundation for the new Generator Sets and shall be a minimum of six (6") inches thick and be placed on top of an approved sub-grade. 3.02 Concrete shall have a compressive strength of 3,000 PSI @ 28 days and shall be shaped to accommodate the size of the new Generator Set installation END OF SECTION Project #: 1 SOUTHOLD TOWN HALL, SOUTHOOLD New York Scale 1" = 80' , , . . PROJECT SPECIFICATIONS GENERAL REQUIREMENTS Proiect #: 2 Southold Town Highway New 40Kw Diesel Generator Page 1 of 2 SECTION 100General Conditions: 1,01 Work covered in this project shall include but not be limited to: A The work in this project includes the demolition of the existing Town Highway Generator Set & related facilities, This will include the disconnection and/or removal of the existing generator, enclosure, load bank and fuel systems. B. The work in this project includes the disconnection of piping, wiring & electrical controls as needed. All conduit end sections and wiring required for re-connection of the new generator set to serve Town Highway shall meet code as determined by the contractor. Demolition shall also include the removal of all concrete slabs, where required or specified, and debris generated by this demolition work. This work shall be the Contractor's responsibility. C. The contractor shall provide and install a new 200amp three phase automatic transfer switch at the Horse Barn as shown on the aerial site plan which will feed the 200 amp Highway Barn Panel. D. The contractor shall provide and install a new 40amp emergency sub panel in the front office basement and feed this from the Highway Barn 200amp Panel. The contractor shall move front office emergency circuits into new 40amp emergency sub panel. E. The contractor shall provide and install a new 40Kw diesel generator to meet the minimum generator set specification requirements with related wiring to the new Automatic Transfer switch to be located in the Town Highway yard as shown on the aerial site plan enclosed. F. The contractor shall provide for a quick disconnect adaptor for use of the Portable, Trailer Mounted 75Kw generator set as specified in Project # 4. All connections are to be compatible with new and old equipment. G. All new equipment shall be compatible with existing equipment to remain and the entire system shall be made operational by the contractor. H. The New Emergency Generator Set is to be fully automatic upon completion. I. The contractor shall provide a diesel powered back up generator to power the Town Highway Facility during the replacement project and must notify and coordinate any power interruptions. J. Final system load tests to include building load and auxiliary load bank test. K. The intent of the Contract Documents for each project location and/or assembly, is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. This contract includes all site work necessary for the completion of work. . . Proiect #: 2 Southold Town Highway New 40Kw Diesel Generator Page 2 of 2 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA) 3. National Electric Code (NEC) 4. Building Code of New York State. 1.03 Barriers, barricades & other protective means shall be provided by the Contractor around all areas of work during construction. Barricades shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. 1.04 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate substitutions into the work. This shall including additional engineering, certification or testing. No claims for additional cost related to substitutions will be allowed and all substitutions shall be subject to the following: A. For products specified by naming only one product or manufacturer, or with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect if such a product is available. B. Substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. C. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. D. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects & waives all claims for additional costs. E. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. SECTION 300 Concrete: 3.01 The contractor shall provide a new concrete pad. when and where necessary, to support the new Generator Sets where required or applicable. This pad shall serve as foundation for the new Generator Sets and shall be a minimum of six (6") inches thick and be placed on top of an approved sub-grade. 3.02 Concrete shall have a compressive strength of 3,000 PSI @ 28 days and shall be shaped to accommodate the size of the new Generator Set installation END OF SECTION Project #: 2 TOWN HIGHWAY YARD, PECONIC New York Scale 1" = 100' . . . . PROJECT SPECIFICATIONS GENERAL REQUIREMENTS Proiect #: 3 Katinka House - Human Resource Center New 40Kw Diesel Generator Page 1 of 2 SECTION 100 General Conditions: 1.01 Work covered in this project shall include but not be limited to: A. The contractor shall provide and install a new 200amp automatic transfer switch and service disconnect switch to be located inside the building adjacent to the existing electrical panel. B. The contractor shall provide and install a new 40Kw diesel generator to meet the minimum generator set specification requirements with related wiring to the new Automatic Transfer switch as shown on the aerial site plan enclosed. C. The contractor shall provide for a quick disconnect adaptor for use of the Portable, Trailer Mounted 75Kw generator set as specified in Project # 4. All connections are to be compatible with new and existing electrical equipment. D. All new equipment shall be compatible with existing equipment to remain and the entire system shall be made operational by the contractor. E. The New Emergency Generator Set is to be fully automatic upon completion. F. The contractor shall provide a diesel powered back up generator to power the Katinka House Facility during the installation project and must notify and coordinate any power interruptions. G. Final system load tests to include building load and auxiliary load bank test. H. The intent of the Contract Documents for each project location and/or assembly, is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. This contract includes all site work necessary for the completion of work. 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA) 3. National Electric Code (NEC) 4. Building Code of New York State. " . . Project #: 3 Katinka House - Human Resource Center New 40Kw Diesel Generator Page 2 of 2 1.03 Barriers, barricades & other protective means shall be provided by the Contractor around all areas of work during construction. Barricades shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. 1.04 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate substitutions into the work. This shall including additional engineering, certification or testing. No claims for additional cost related to substitutions will be allowed and all substitutions shall be subject to the following: A. For products specified by naming only one product or manufacturer, or with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect if such a product is available. B. Substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. C. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. D. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects & waives all claims for additional costs. E. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. SECTION 300 Concrete: 3.01 The contractor shall provide a new concrete pad, when and where necessary, to support the new Generator Sets where required or applicable. This pad shall serve as foundation for the new Generator Sets and shall be a minimum of six (6") inches thick and be placed on top of an approved sub-grade. 3.02 Concrete shall have a compressive strength of 3,000 PSI @ 28 days and shall be shaped to accommodate the size of the new Generator Set installation END OF SECTION Project #: 3 HUMAN RESOURCE CENTER, MATTITUCK New York Scale '" = 50' ----- . , . . PROJECT SPECIFICATIONS GENERAL REQUIREMENTS Project #: 4 Portable Generator Set New 75Kw Diesel Generator Page 1 of 1 SECTION 100 General Conditions: 1.01 Work covered in this project shall include but not be limited to: A. The contractor shall provide a new, portable, trailer mounted, 75Kw diesel generator to meet the minimum generator set specification requirements with related wiring necessary to provide service to other Town F acil ities, B, The contractor shall provide a tandem axel galvanized trailer with 2" ball hitch, stabilizing arm and electric brakes capable of supporting the new generator. All trailer accessories necessary to provide a legal, safe and easy to use assembly shall be provided. C. The contractor shall provide for a quick disconnect adaptor and/or wiring for connections to other Town Facilities as specified in Project #'s 1,2 & 3. All connections are to be compatible with new and existing electrical equipment. D. In addition to the above, the contractor shall provide quick disconnect adaptor for the Southold Town Police Department Facility. All connections are to be compatible with new and existing electrical equipment. E. All new equipment shall be compatible with existing equipment to remain and the entire system shall be made operational by the contractor. F. The New Portable Emergency Generator Set is to be fully operational upon completion. G. Final system load tests to include building load and auxiliary load bank test. H. The intent of the Contract Documents for each project location and/or assembly, is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. This contract includes all site work necessary for the completion of work, 1.02 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA) 3. National Electric Code (NEC) 4. Building Code of New York State. END OF SECTION Project #: 4 , , . . SPECIFICATIONS: GENERATOR SET 1) Scope of Work a) It is the intent of this specification to secure an engine driven generator set, for each of the locations or uses specified herein, that have been prototyped tested, factory built, production tested, and site tested, together with all accessories necessary for a compete installation as shown on the plans and drawings and specified herein. All equipment shall be new and of current production by an international firm which manufactures the generator set and controls. 2) General Reqnirements a) It is the intent of this specification to secure generator set systems that have been tested during design verification, production and at the final job site. The generator set will be of the lasted commercial design ad will be complete with all of the necessary accessories for complete installation as shown on the plans, drawings, and specifications listed herein. The equipment supplied and installed shall meet the requirements of the National Electrical Code, along with all applicable local codes and regulations. All equipment shall be new and of current production of a national firm that manufactures the generator set and controls, transfer switches, switchgear, and assembles the generator sets as a complete and coordinated system. There will be one source responsibility for warranty, parts, and service through a local representative with factory-trained service technicians. 3) Submittal a) The submittal shall include prototype test certification and specification sheets showing all standard and optional accessories to be supplied, schematic wiring diagrams, dimension drawings, and interconnection diagrams identified by terminal number, each required interconnection between the generator set, the transfer switch, and the remote annunciator panel if it is included elsewhere in these specifications. 4) Codes and Standards a) The generator set shall conform to the requirements of the following codes and standards: i) CSA C22.2, No. 14 - M91 Industrial Control Equipment. ii) EN50082-2, Electromagnetic Compatibility - Generic Immunity Requirements, Part 2: Industrial. iii) EN55011, Limits and Methods of Measurement of Radio Interference Characteristics of Industrial, Scientific and Medical Equipment. iv) lEC8528 part 4. Control Systems for Generator Sets. v) IEC Std 801.2, 801.3, and 801.5 for susceptibility, conducted, and radiated electromagnetic emissions. vi) lEEE446 - Recommended Practice for Emergency and Standby Power Systems for Commercial and Industrial Applications.avii)Mil Std 46lD -1993. Military Standard, Measurement of Electromagnetic Interference Characteristics. " . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pal!e 2 of 12 viii)Mil Std 461D - 1993. Military Standard, Electromagnetic Interference Characteristics. ix) NFP A 70 - National Electrical Code. Equipment shall be suitable for use in systems in compliance to Article 700,701 & 702. x) MFP A99 - Essential Electrical Systems for Health Care Facilities xi) MFP All 0 - Emergency and Standby Power Systems. The generator set shall meet all requirements for level I Systems. Level 1 prototype tests required by this standard shall have been performed on a complete and functional unit, component level type tests will not substitute for this requirement. 5) Testing To assure that the equipment has been designed and built to the highest reliability and quality standards, the manufacturer and/or local representative shall be responsible for three separate tests: design prototype tests, final production tests, and site tests. a) Design Prototype Tests: Components of the emergency system such as the engine/generator set, transfer switch, and accessories shall not be subjected to prototype tests since the tests are potentially damaging. Rather, siruilar design prototypes and preproduction models shall be subject to the following tests. (I) Maximum Power (kW) (2) Maximum motor starting (kV A) at 35% instantaneous voltage dip. (3) Alternator temperature rise by embedded thermocouple and/or by resistance method per NEMA MG 1-32.40. (4) Governor speed regulation under steady-state and transient conditions. (5) Voltage regulation and generator transient response. (6) Harmonic analysis, voltage waveform deviation, and telephone influence factor. (7) Three-phase short circuit tests. (8) Alternator cooling air flow. (9) Torsional analysis to verifY that the generator set is free of harmful torsional stresses. (10) Endurance testing. b) Production Tests: i) Final Production Tests: Each generator set shall be tested under varying loads with guards and exhaust system in place. Tests shall include: ii) Single-step load pickup. iii) Transient and steady - state governing. iv) Safety shutdown device testing. v) Voltage regulation. vi) Rated Power @ 0.8 PF vii)Maximum Power. viii)Upon request, arrangements to either witness this test will be made, or a certified test record will be sent prior to shipment. '. . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pa2e 3 of 12 c) Site Tests: i) Site Tests: An installation check, start-up, and building load test shall be performed by the manufacturer's local representative. The engineer, regular operators, and the maintenance staff shall be notified of the time and date of the site test. The tests shall include: ii) Fuel, lubrication oil, and antifreeze shall be checked for conformity to the manufacturer's recommendations, under the environmental conditions present and expected. iii) Accessories that normally function while the set is standing by shall be checked prior to cranking the engine. These shall include: block heaters, battery charger, alternator strip heaters, remote annunciator, etc. iv) Start-up under test mode to check for exhaust leaks, path of exhaust gases outside the building, cooling air flow, movement during starting and stopping, vibration during running, normal and emergency line-to-line voltage and frequency, and phase rotation. v) Automatic start-up my means of simulated power outage to test remote-automatic starting, transfer of the load, and automatic shutdown. Prior to this test, all transfer switch timers shall be adjusted for proper system coordination. Engine coolant temperature, oil pressure, and battery charge level along with generator set voltage, amperes, and frequency shall be monitored throughout the test. An external load bank shall be connected to the system to load the generator set to the nameplate kW rating. 6) Warranty & Maintenance a) A two year warranty for the generator set shall be included to guarantee against defective material and workmanship in accordance with the manufacturer's published warranty from date of start-up. Optional warranties shall be available upon request. b) The generator set manufacturer and its distributor shall maintain a 24-hour parts and service organization. This organization shall be regularly engaged in a maintenance contract program to perform preventive maintenance and service on equipment similar to that specified. A service agreement shall be available and shall include system operation under simulated operating conditions, adjustment to the generator set, transfer switch, and switchgear controls as required, and certification in the owner's maintenance log of repairs made and proper functioning of all systems. 7) Equipment a) The generator set shall be a DDCIMTU (75kW or 40kW) with alternator. It shall provide a 0.8 power factor when operating at 120/208 volts. The generator set shall be capable of this rating while operating in an ambient condition of 77 OF (250C) and 5,000 feet above sea level. . , . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pal!e 4 of 12 b) The generator set shall be capable of starting expected motor loads inrush, with a maximum voltage dip of 35%. c) Vibration isolators shall be provided between the engine-alternator and heavy-duty steel base and concrete pad. 8) Engine a) The 276 cubic-inch-displacement engine shall deliver a minimum of 134 BHP at a governed speed of 1800 rpm. The engine shall be equipped with the following: i) An electronic isochronous governor capable of +.25% steady-state frequency regulation; ii) 12 volt positive engagement solenoid shift-starting motor; iii) 55-Ampere minimum automatic battery charging alternator with solid-state voltage regulation; iv) Positive displacement, full pressure lubrication oil pump, cartridge oil filters, dipstick, and oil drain; v) Dry-type replaceable air cleaner elements for normal applications. vi) Engine-driven or electric fuel transfer pump capable of lifting fuel three (3) feet, fuel filters, and manual fuel shut off valves. b) The turbocharged engine shall be fueled with No.2 diesel c) The engine shall bane a minimum of 4 cylinders, and be liquid-cooled by a unit- mounted radiator, blower fan, water pump, and thermostats. This system shall properly cool the engine with up to 0.5 inches H2O static pressure on the fan in an ambient temperature up to 1220F/50oC. 9) Alternator a) The alternator shall be a permanent magnet brushless design; b) The alternator shall be salient-pole, brushless, I2-lead re-connectable, self-ventilated of drip-proof construction with amortisseur rotor windings and skewed stator for smooth voltage waveform. The insulation shall beet the MENA standard (MG 1- 33.40) for Class H and be insulated with epoxy varnish to be fungus resistant per MIL 1-24092. Temperature rise of the rotor and stator shall be limited to 130.C. The excitation system shall be of brush less construction controlled by a solid-state voltage regulator capable of maintaining voltage within +/- .25% at any constant load form 0% to 100% of rating. The regulator must be isolated to prevent tracking when connected to SCR loads, and provide individual adjustment for voltage range, stability and volts-per-hertz operations; and be protected from the environment by conformal coating. , . . , . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pal!e 5 of 12 b) The generator set shall meet all of the transient performance requirements listed in ISO 8528-5, level G-2. c) The alternator excitation shall be of a permanent magnet exciter design. d) The generator shall be inherently capable of sustaining at least 250% of rated current for at least 10 seconds under a three phase symmetrical short circuit without the addition of separate current support devices. e) The alternator having a single maintenance-free bearing, shall be directly connected to the flywheel housing with a semi-flexible coupling between the rotor and the flywheel. 10) Controller a) Standards i) Control: The generator set must meet NFPA-110 Levell requirements (1996 version) and must have an integral alarm horn as required by NFP A. ii) NFPA-99 and NEC must also be accommodated. iii) Set control must be listed under UL 508. b) Applicability i) For standardization purposes, the control described herein must be available on generator sets 20 kW and larger. ii) The Control must be usable on 12- or 24-Volt starting systems. iii) Environment (I) -40oC to + 700C operating temperature range (2) 5-95% hnmidity, non condensing iv) It shall be possible to mount the control on the generator set or remotely within forty (40') feet of the generator set. Ifmounted on the generator set, the control must be able to be mounted in any of 4 orientations for ease of viewing. c) Hardware Requirements i) The control shall have a run-off / reset-auto three-position selector switch. If and where required, a version of the control shall have a key operated selector switch. ii) A controller mounted latch type emergency stop push button must be supplied. iii) It shall be possible to adjust alternator output voltage at the control. iv) Five indicating lights: (1) system ready - green (2) not in auto - yellow (3) programming mode - yellow (4) system warning - yellow (5) system shutdown - red v) Lighted display with two lines of 20 alphanumeric characters for messages. Panel lights must be supplied as standard. , , " . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pal!e 6 of12 vi) Sixteen position snap action sealed keypad for menu selection and data entry. vii) For ease of use, an operating guide must be on the controller faceplate. viii)An audible alarm must be supplied in the control. d) Control Functional Requirements i) Field progrannnable time delay for engine start. Adjustment range, 0-5 minutes in 1 second intervals; ii) Field progrannnable time delay engine cool-down. Adjustment range, 0-10 minutes in I second intervals; iii) It shall be possible to start the generator set and run it at an idle speed during warm-up. The idle time must be user adjustable. Engine cool-down at idle must also be available. Required for ECM equipped engines only; iv) Real time clock and calendar for time stamping of events; v) Output with adjustable timer for an either injection starting system. Adjustment range, 0-10 seconds; vi) Output for shedding ofloads ifthe generator set reaches a user progrannnable percentage of its kW rating. Load shed must also be enabled if the generator set output frequency falls below 59 Hz (60Hz system) or 49 Hz (50Hz system); vii)Progrannnable cyclic cranking that allows up to six crank cycles and up to 45 seconds of crank time per crank cycle. viii)The Capability to reduce controller current battery draw, for applications where no continuous battery charging is available, must be provided. The controller vacuum fluorescent display should automatically be turned off after 5 minutes of no controller activity; ix) The controller must provide alternator protection for overload and short circuit matched to each individual alternator and duty cycle; x) A +/- 2% digital voltage regulation must be incorporated into the controller software. No separate voltage regulator is acceptable. The digital voltage regulator must be applicable on single or three phase systems. xi) It must be possible to exercise the generator set by programming a running time into the controller. This feature must also be enabled through the PC Software. e) Generator Set System Monitoring Requirements i) All monitored functions must be viewable on the digital display. ii) The following generator set functions must be monitored: (I) All output voltages - single phase, three phase, line to line, and line to neutral, 0.25% accuracy; (2) All single phase and three phase currents, 0.25% accuracy; (3) Output frequency, 0.25% accuracy; (4) Power factor by phase with leaning / lagging indication; (5) Total instantaneous kilowatt loading and kilowatts per phase, 0.5% accuracy; (6) kV ARS total and per phase, 0.5% accuracy; (7) kV A total and per phase, 0.5% accuracy; (8) kW hours; , , I, . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pal!e 7 of 12 (9) A display of percent generator set duty level- actual kW loading divided by the kW rating. iii) Engine parameters listed below shall be monitored: "(Required for ECM equipped engines only) (I) Coolant temperature both in English and Metric units; (2) Oil pressure in English and Metric units; (3) Battery Voltage; (4) RPM; (5) Lube oil temperature; (6) Lube oil level; (7) Crankcase pressure; (8) Coolant level; (9) Coolant pressure; (10) Fuel pressure; (11) Fuel temperature; (12) Fuel Rate; (13) Fuel used during the last run; (14) Ambient temperature. iv) Operational records since system start up must be stored in the controller. (I) Run time hours; (2) Run time loaded; (3) Run time un-loaded; (4) Number of starts; (5) Factory Test date; (6) Last run data including date, duration, and whether loaded or un-loaded; (7) kW Hours. v) The following operational records must also be available in a re-settable form for maintenance purposed: (I) Run time hours; (2) Run time loaded; (3) Run time un-loaded; (4) Kilowatt hours; (5) Days of operation; (6) Number of starts; (7) Start date after reset. vi) The controller must store the last one hundred generator set system events with date and time of the event. vii) For maintenance and service purposes, the following information must be stored in the control and displayed on demand: (I) Manufacturer's model and serial number; (2) Battery voltage; (3) Generator set kilowatt rating; 1 , '. . . SPECIFICATIONS CONTINUED: GENERATOR SET - Pal!e 8 of12 (4) Rated Current; (5) System voltage; (6) System frequency; (7) Number of phases. f) The control must be capable of detecting the following conditions, indicate if the condition will shutdown the generator set or provide a warning, and annunciate the situation, using words and phrases, on the digital display. i) Will cause a system shutdown: (1) Air damper tripped (if used); (2) Customer programmed digital auxiliary input ON (any of the 21 inputs available); (3) Customer programmed analog auxiliary input out of bounds (any of 7 inputs for ECM equipped engines and 5 inputs for non ECM engines); (4) Emergency stop; (5) High coolant temperature; (6) High oil temperature; (7) Controller internal fault; (8) Locked rotor - Failure to rotate; (9) Low Coolant level; (10) Low oil pressure; (11) Master switch error; (12) NFPA common alann; (13 ) Over-crank; (14) Over-speed with user adjustable level, range 65-70 Hz on 60 Hz systems and 55-70 Hz on 50 Hz systems; (15) Generator set over-voltage with user adjustable level, range 105% to 135%; (16) Over-frequency with user adjustable level, range 102% to 140%; (17) Under-frequency with user adjustable level, range 80% to 90%; (18) Generator set under-voltage with user adjustable level, range 70% to 95%; (19) Coolant temperature signal loss; (20) Oil pressure gauge signal loss. ii) Will cause a warning but leave the generator set running: (1) Battery charger failure; (2) Customer Programmed digital auxiliary input on (any of the 21 inputs available); (3) Customer programmed analog auxiliary input on (any ofthe 7 inputs available on ECM engines and 5 inputs on non ECM engines); (4) Power system supplying load; (5) Ground fault detected - detection by others; (6) High Battery voltage - level must be user adjustable; (7) Range 29-33 volts for 24-volt systems; (8) High coolant temperature; , , " . . SPECIFICATIONS CONTINUED: GENERATOR SET - Paee 9 of 12 (9) Load shed; (10) Loss of AC sensing; (11) Under-frequency; (12) Low Battery voltage - level must be user adjustable, Range 20-25 volts for 24- vo lt system; (13) Low coolant temperature; (14) Low fuel level or pressure; (15) Low oil pressure; (16) NFPAcommonalarms; (1 7) Over-current; (18) Speed sensor fault; (19) Weak Battery; (20) Alternator protection activated. g) Inputs and Outputs i) inputs (1) (2) (3) (4) (5) (6) (7) (8) (9) There shall be 21 dry contact inputs that can be user configured to shutdown the generator set or provide a warning; There shall be 7 user programmable analog inputs for ECM engines (5 for non ECM engines) for monitoring and control; Each analog input can accept 0-5 volt analog signals; Resolution must be 1 part in 10,000; Each input can be programmed to provide up to 4 trip values - 2 warnings and 2 shutdowns; It must be possible to view the analog value on the display; It shall be possible to define each user configured input using words or phases that will be viewable on the digital display; Additional standard inputs required; (a) Input for an external ground fault detector. Digital display must show "ground fault" upon detection of a ground fault; (b) Reset of system faults; (c) Remote two wire start; (d) Remote emergency stop. Idle mode enable. ii) Outputs (1) All NFP A 110 level 1 outputs must be available; (2) There shall be thirty (30) outputs available for interfacing to other equipment; (a) Any ofthese outputs shall be able to be user configured from a list of over 25 functions and faults; (b) These outputs shall drive optional dry contacts. (3) A programmable user defined common fault output with over 40 selections shall be available. ,. '. . . SPECIFICATIONS CONTINUED: GENERATOR SET- Pae:e 10 of12 h) System Programming i) It must be possible to disable programming so the system can only be monitored; ii) It shall be possible to program the control with the controller keypad or using an IBM compatible personal computer; iii) Programming access is to be enabled only at the controller and must be password protected; iv) The following must be programmable from the controller keypad: (1) Time delay settings: (a) Generator set run time (0-72 Hours) - Exercise; (b) Load shed; (c) Engine start; (d) Engine cool-down; (e) Over-voltage and under-voltage delays; (f) Starting aid; (g) Crank on and crank pause time; (h) Idle time. (2) Trip point settings: (a) High battery voltage; (b) Low battery voltage; (c) Over-speed; (d) Under-frequency; (e) Over-frequency; (f) Over-voltage; (g) Under-voltage; (h) Load shed. I) Communications i) Ifthe generator set engine is equipped with an ECM (Engine Control Module), the controller must communicate to the ECM for control, monitoring, and diagnostics. SAE J1939 standard communications is required. ii) Industry standard Modbus TRU communication shall be available; iii) A Modbus master will be able to monitor controller data; iv) A Modbus master will be able to alter parameters; v) The Modbus master must be capable of starting and stopping the generator set. I' ... . . SPECIFICATIONS CONTINUED: GENERATOR SET- Paee 11 of 12 j) Communications & Personal Computer Software i) The controller must have the capability to communicate to a personal computer (IBM or compatible) running Windows "9X" or Windows "NT"; ii) Both RS-232 and RS-485 communication formats shall be available; iii) A variety of connections shall be available based on requirements: (I) A single connection to a PC. A cable length of up to 1220m (4,000 Ft.) must be supported; (2) Multiple devices at a singly location connected to a PC; (3) A single connection from a device to a PC over phone lines; (4) Multiple devices to a PC over phone lines. iv) When equipped with communications modules, transfer switches and power monitors along with generator set controllers, they must be able to be connected to the same communication network with no additional interfaces being required; v) The capability to connect up to 128 devices (generator set controls and transfer switches) on a single network must be supported; vi) Cabling is to be devised to device in a daisy chain fashion with no limitation on device locations within the network; vii) The Network must be self-powered. No power wiring between devices is allowed; viii)A single software package with the following capabilities is required: (I) Any combination of transfer switches and generator set controls; (2) Up to 128 devices at a single site must be supported; (3) The same software package must support communications over phone lines. The software shall allow communications with up to 128 sites (phone numbers) including phone number fields large enough for international communication; (4) Access to individual devices by the software shall be protected by password; (5) To support future expansion, it must be possible to add devices (ATS and generator set controllers), up to 128 and sites up to 128, with the installed software. Changing to a different software package is not acceptable; (6) All displays, data inquires, and program functions allowed on the controllers, both generator set and ATS, shall also be available through the software; (7) A single software screen must be capable of displaying data from multiple devices simultaneously; '" .... . . SPECIFICATIONS CONTINUED: GENERATOR SET- Pal!e 12 of 12 (8) It shall be possible to reset shut-down faults, and restart the generator set using the software; (9) If a transfer switch is used, it must be possible to start the generator set and transfer the loads to the generator. 11) Accessories a) Engine block heater. Thermostatically controlled and sized to maintain manufacturers recommended engine coolant temperature to meet the start-up requirements ofNFPA-99 and NFPA-II0, Levell. b) A sound attenuated weather housing shall be provided. The housing shall be constructed of aluminum to resist corrosion. The maximum sound level shall not exceed 68 db(A), at 7 meters (23 feet). c) Battery rack, and battery cables, capable of holding the manufacturer's recommended batteries, shall be supplied. d) 12-volt lead-antimony battery(ies) capable of delivering the manufacturer's recommended minimum cold-cranking Amps required at OOp, per SAB Standard J- 537, shall be supplied. e) 6-Ampere automatic float and equalize battery charger with +/- 1 % constant voltage regulation from no load to full load over +/- 10% AC input line variation, current limited during engine cranking and short circuit conditions, temperature compensated for ambient temperatures from - 400C to + 60oC, 5% accurate voltmeter and ammeter, fused, reverse polarity and transient protected. f) The engine exhaust silencer shall be coated to be temperature and rust resistant, rated for critical application. The silencer will reduce total engine exhaust noise by 25-35 db(A). g) Gas-proof, seamless, stainless steel, flexible exhaust bellows with threaded NPT connection. h) Run Relay to provide a three-pole, double-throw relay with 10 amps at 250 V AC contacts for indicating that the generator is running. i) Generator exhaust manifold insulation blankets. END OF SECTION - GENERATOR SET - " " . .~~ . Invitation to Bid 111111 & 11.llldll ElllrullClllllrlllr "III For the Town of Southold 53095 Main Road, State Route 25 SOUTHOLD, NEW YORK 11971 Date: June 20, 2006 ~~fFOl.t~ SOUTHOLD TOWN !..~......... ..} ENGINEERING DEPARTMENT ~~ SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD . - . . INVITATION TO BID PROJECT: The supply, installation and electrical connections of new emergency generator systems for the following Project Locations and/or Uses: 1. Southold Town Hall (75Kw); 2. South old Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). The Town Board of the Town of Southold will receive bids for furnishing all Labor, Materials and Equipment as specified in the bid documents for the supply, installation & delivery of emergency generator systems in accordance with the Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until All specifications are provided herein: 10:00 AM, 3rd Day 2006. Year Auqust Month 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 for one or more of the project locations listed herein, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, 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: June 6. 2006 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Supply & Installation of Emergency Generator Systems 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 fumish all labor, materials, plant, equipment, tools, or other facilities, & to supply all generator systems and materials in strict accordance with the 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, for each item bid, and made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall retum the bidder's bond or the certified checks accompanying such proposals as, in his judgment, 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 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 specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. Supply & Installation of Emergency Generator Systems B-1 . . . E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded for one or more of the Project Locations listed in these specifications to a responsible bidder. This responsible bidder may be 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 Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. 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 retumed to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any andfor 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 interlineations, erasure or corrections may be rejected. H. 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 ofthe Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. Supply & Installation of Emergency Generator Systems B-2 . . . INDEX TO SPECIFICATIONS T-1 A-1 B-1 through B-2 C-1 D-1 through D-3 E-1 Page 1 through 24 F-1 through F-2 G-1 J-1 through J-2 L-1 through L-3 M-1 through M-8 Project # 1 Project # 2 Project # 3 Project # 4 Page 1 through 12 TITLE SHEET INVITATION TO BID INSTRUCTIONS TO BIDDERS INDES TO SPECIFICATIONS PROPOSAL FORM STATEMENT OF NON COLLUSION GENERAL CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL CONDITIONS NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION NON-DESCRIMINATION CLAUSE PREVAILING W AGE RATES I PAYROLL CERTIFICATION FORMS COMPLIANCE WITH THE LABOR LAW PROJECT SPECIFICAITONS - South old Town Hall (75Kw) PROJECT SPECIFICAITONS - SoutholdTown Highway (40Kw) PROJECT SPECIFICAITONS - Katinka House (40Kw) PROJECT SPECIFICAITONS - Portable. Trailer Mounted (75Kw) SPECIFICATIONS: GENERATOR SET Supply & Installation of Emergency Generator Systems: C-1 . . . PROPOSAL FORM Page 1 of 3 Date: 6/1/06 NAME of BIDDER: Com#1t1Y7c1~ t:7,p~ Telephone: &JI ~J63---..3lZ~ ~ JCJIt~t?u ~ l304~,~ 1:7 tr)/ ( 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 and specifications dated: June 20, 2006, including bidding requirements, contract, general and special conditions, specifications, and addenda, (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 ofthe work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all Labor & Materials not provided by the Town (See Specifications) and to perform all the work required to supply, construct, perform and complete the work for: The Supply, Installation and Electrical Connections of New Emergency Generator Systems for the following Project Locations and/or Uses: 1. South old Town Hall (75Kw); 2. Southord Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., South old Town Engineering Department, South old Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Supply & Installation of Emergency Generator Systems D-1 . . . PROPOSAL FORM. Cont. Page 2 of 3 PROJECT # 1: South old Town Hall (75kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL A NEW 75kw EMERGENCY GENERATOR SYSTEM FOR THE SOUTHOLD TOWN HALL. THE PROJECT SHALL INCLUDE THE DISCONNECTION AND REMOVCAL OF THE OLD GENERATOR, ENCLOSURES, LOAD BANK & FUEL TANK. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HERE. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: HHl':H?\OO""Wt1Hi.ln ~G.ltlHiA\l\,\'{~f) 1I'\\K.'-l f/J,A.. 'El S'g, <l63,l\ .00 (written In words) ClMw... (written In numbers) PROJECT # 2: Town Highway Dept. (40kw Emergency Generator System) CONTRACT TO FURNISH AND INST ALl. A NEW 40kw EMERGENCY GENERATOR SYSTEM FOR THE SOUTHOLD TOWN HIGHWAY DEPARTMENT. THE PROJECT SHALL INCLUDE THE INSTALLATION OF A 200 AMP, THREE PHASE, AUTOMATIC TRANSFER SWITCH AND A NEW 40 AMP EMERGENCY SUB-PANEL IN THE OFFICE BASEMENT. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: F\~ ~tt."\M..bl\\.!\) IDR.. \\(J~il) \00"'-\ ffl.Jt. ~ S3,I..\I{I\.. no (written In words) tiA.\flf \ (written In numbers) PROJECT # 3: HRC Katinka House. (40kw Emergency Generator System) CONTRACT TO FURNISH AND INSm.L A NEW 40kw EMERGENCY GENERATOR SYSTEM FOR THE KATINKA HOUSE LOCATED ADJACENT TO THE HUMAN RESOURCE CENTER. THE PROJECT SHALL INCLUDE THE INSTALLATION OF A 200 AMP, THREE PHASE, AUTOMATIC TRANSFER SWITCH. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: \\t\RT\ ~\')( ~I) fiVE \IU\.l~W:l ~\ill b\6\+"I .:i\"3ia, ~..on (written In words) tfiIRlt,.(wrltton In numbors) PROJECT # 4: Portable, Trailer Mounted (75kw Emergency Generator System) CONTRACT TO FURNISH A NEWrpORTABLE, TRAILER MOUNTED, 75kw EMERGENCY GENERATOR SYSTEM FOR THE TOWN OF SOUTHOLD. THE PROJECT SHALL INCLUDE THE CONNECTIONS AND WIREING REQUIRED FOR A QUICK DISCONNECT TO POLICE DEPARTMENT FACILITY AS WELL AS EACH OF THE ABOVE REFERENCED LOCATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HERE. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: "'\~,~ ~\t-l E ~ W,~ WI~1)lil) ~ S,\'tC (written In words) ID\ mu.!wrltton In numbers) 11 ~9154l.._0() Supply & Installation of Emergency Generator Systems D-2 .. . . PROPOSAL FORM - Cont. Page 3 of 3 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: (IF ANY) Dated: Bidders Address: 6lJV ~I2fPI1 ~ 6ol1ew>I'1- 1:7 /()l6 ~~:~~~e (;~(- Sb3-3L2-3 Date: BIt/ob Supply & Installation of Emergency Generator Systems 0-3 .- . . ST AI;J;MEN"'( OF NO.N-COL-LUSION (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 ofthe State of any public department, agency, or official thereof or to a fore district or any agency or official thereoffor 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-colluslve 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 wil/ 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 ~ J (~~\ of the 4m"""""/ilK E-7<?~c.- be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: "The Supply, Installation & Electrical Connections of New Emergency Generator Systems for the Town of Southold" and to Include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-<l (103-<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-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 ~ ,20aG. C ~ /y / C5~~j~7 Signature (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Supply & Installation of Emergency Generator Systems E - 1 . T. H E AMERIC A. INSTITUTE . ARCHITECTS AlA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR ro. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966, 1%7, 1970, 1976,@1987byTheAmericanInsUtuteofArchitects,1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions. ram CAUTION: You should use an original AlA document which has this caution printed In red. WW An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING: Unlicensed photocopying yjolates U.S. copyright lawe and .. subject to legal prosecution. " . Acceptance of NonconfonnlngWork ......... '9.6.6,9.9.3,12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Acceas to Work . 3.18,6.2.1,12.1 Accident Prevention. 4.2.3,10 Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1 Addenda 1.1.1,3.11 Additional Cost, Claims for. 4.3.6,4.3.7,4.3.9,6.1.1,10.3 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 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid. 1.1.1 Aesthetic Effect. . 4.2.13,4.5.1 Allowances 3.8 All-risklnsucance.. 11.3.1.1 Applications forPaymanl 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4,1\.1.3,14.2.4 2.4, 3.3.3, 3.5, 3.10.2,3.12.4 through 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2, 11.3.9, 11.3.10 Architect. ........... 4.1 Architect, Definition of. . . . . . . . . 4.1.1 Architect, Extent of Authority. 2.4,3.12.6,4.2,4.3.2,4.3.6, 4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1, 9.4,9.5,9.6.3,9.82,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8, 3.\2.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12, 4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses. 2.4,9.8.2, \\.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4 Architect's Administration of the Contract. 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect'sApprovals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect'S Authority to Reject Work. 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright . . . . . . . . 1.3 Architect's Decisions. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.\.3,8.3.1, 9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4 Architect's Inspections. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2,9.10.1, 13.5 4.2.6,4.2.7,4.2.8,4.3.7,7.4.\, 12.1, 13.5.2 4.2.11,4.2.12,4.3.7 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1,9.10.1,13.5 Architect's Project Representative ......... 4.2.10 Architect's Relationship with Contractor. 1.1.2,3.2.1,3.2.2, 33.3,3.5.1,373,3.11,3.12.8,3.12.11,3.16,3.18,4.2.3,4.2.4, 4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7.12.1,13.5 Architect's Rd:uionship with Subcontractors. 1.1.2,4.2.3,4.2.4, 4.2.6,9.6.3,9.6.4, 11.3.7 9.4.2,9.5.1,9.10.1 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 9.8.2,9.9.2, 9.10.1, 13.5 10.1 3.18.1,9.10.2,10.\.4 6.1.1 Approvals . ArbltraUon . Architect's Instructions. Architect's Interpretations. Architect's On-Site Observations Architect's Representations, Architect's Site Visits . Asbestos Attorneys' Fees. A ward of Separate Contracts. Award of Subcontracts and Other Contracts for Portion. of tha Work . . Basic Deflnltlon. . Bidding Requirements. Boller and Machinery Insurance . . Bonds, Lien Bonds, Performance and Payment . 5.2 ......................... 1~ 1.1.1,1.1.7,5.2.1,11.4.1 11.3.2 .. .. .. . .. 9.10.2 7.3.6.4,9.10.3,11.3.9,11.4 . INDEX BulldingPermit ................................ 3.7.1 CapltallzaUon . 1.4 Certificate of Substantial Completion . . . . . . . . . . 9.8.2 C.rtlflc.tea forPaymant. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 CertifIcatesofInspection, Testing or Approval. . 3.12.11,13.5.4 CertiflcatesofInsurance .......... 9.3.2,9.10.2,11.1.3 ChangaOrdere. 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, 7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2, 1\.3.4,11.3.9,12.1.2 Change Orders, Definition of . ................... 7.2.1 Ch.nges............ . 7,1 CHANGES IN THE WORK 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 Clalm,DeflnlUonof....................... 4.3.1 Clalm88ndDI.pute. . 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2,9.3.3,9.10.4, 10.1.4 Clalm88nd Timely Assertion of Claim. ............... 4.5.6 ClalmaforAddIUonal Coat. 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Claim. for Additional Tlma . . .. 4.3.6,4.3.8, 4.3,9, 8.3.2 Clalma for Concaeled or Unknown CondlUona. . . . . . . . .. 4.3.8 Claims for Damages. . .3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration . 4.3.2,4.4.4,4.5.1 ClaanlngUp .................... 3.15,6.3 Commancemant of Statutory LlmltaUon Parted .. 13.7 Commencement of the Work, Conditions Relating to . 2.1.2, 2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 6.2.2,8.1.2,8.2.2,9.2,11.1.3,11.3.6,11.4.1 Commencement of the Work, Definition of. 8.1.2 Communications Facilitating Contract Administration 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to . 3.11,3.15,4.2.2,4.2.9, 4.3.2,9.4.2,9.8,9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND 9 Completion, Substantial. 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, 9.8,9.9.1,12.2.2,13.7 CompUancewith Laws. 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions. . . . . . . . . 4.3.6 Conditions of the Contract . 1. 1.1, 1.1.7, 6.1.1 Consent, Written. . .. . . . . . .. .. 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2, 10.1.3, 11.3,1,11.3.1.4,11.3.11,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS.... ............ 1.1.4,& Construction Change Directive, Deflnitionof. ........ 7.3.1 ConstNcUonChang. DlracUve. . 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's . 3.10, 6.1.3 ConUngent Aaslgnmant of Subcontracte 5.4 Continuing Contract Perfonn8nce 4.3.4 Contract, Definition of . . . 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7,5.4.1.1,14 Contract Administration 3.3.3,4,9.4,9.5 Contract A ward and Execution, Conditions Relating to . 3,7.1, 3.10,5.2,9.2,11.1.3,11.3.6,11.4.1 Contract Documents, The 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of. ] .3, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration. 4.3.4,4.5.3 ConlrBctSum.. . . . . .. .. . .. 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4 Contract Sum, Definition of. ............... 9.1 Contract Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1,8.3.1,9.7,12.1.1 Contract Time, Definition o~ . 8.1.1 2 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, Q,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. r; . CONTRACTOR..... .................... 3 Comractor, Definition of ........ 3.1,6.1.2 Comractor'sBid............................... 1.1.1 Contractor'e ConetNctlon Schedulee . . . . . . . . . 3.10,6.1.3 Contractor's Employees. 3.3.2,3.4..2,3.8.1,3.9,3.18,4.2.3, 4.2.6,8.1.2,10.2,10.3, 1Ll.I, 14.2,Ll Contractor'e Llebtll1y Insurance. . . 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ..... 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 Contractor's Relationship with Subcomracwrs .' . . . .. 1.2.4,3.3.2, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8,14.2.1.2 Contcactoc'sRelationshipwiththeArchltect .... 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2.4, 4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Contractor's Representations. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibilhy for Those Performing the Work 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents. 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Work . . . . . . . . 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3,10.1.2,11.4.2,11.4.3 Contractor's Superintendent. . . . . . . . . . . . . . . . . . . . .. 3.9, 10.2.6 Contractor's Supervision and Construction Procedures. 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance. 11.1.1.7, 11.2.1 Coordination and Correlation 1.2.2,1.2.4,3.3.1, 3.10,3.12.7,6.1.3,6.2.1 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, 9.9.1,12.1.2,12.2,13.7.1.3 Cost, Definition of . . . . . . . . . . . . . . . . 7.3.6, 14.3.5 Costs 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, 6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2, 9.10.2,11.3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 CU11Ingend Pelchlng. ................... 3,14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5 Damage to the Work . 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 Damages, Qairns for . 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Damages for DeIay. ................... 6.1.1,8.3.3,9.5.1.6,9.7 Date ofCommencemem of the Work, Definition of .. . . . . . .. 8.1.2 Date of Substantial Completion, Definition of. . . 8.1.3 Day,Definitionof. 8.1.4 Decisions of the Architect. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6.4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2, 9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4 DeclBlonetoWllhholdCertlflcetlon .......... 9,5,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3,2.4,3.5.1,4.2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1,10.2.5,12,13.7.1.3 Defective Work, DefiniCion of 3.5.1 Definitions. 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Delays and Extensions of Time .......... 4.3.1,4.3.8.1,4.3.8.2, 6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8, 7.3.9,8.1.1,8,3,10.3.1,14.1.1.4 Disputes 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documents and Samples at the Site . 3.11 Drawings, Definition of ................ ........... 1.1.5 Drawings and Specifications, Use and Ownership of. 1.1.1,.1.3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions. . . .. 3.2 Effective Date ofInsurance ......,.......... 8.2.2,11.1.2 . Emergenclee . . . . . . . . . . . . . . . 4.3.7,10,3 Employees, Contractor's 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1 Equipment, Labor, Materials and . 1.1.3,1.1.6,3.4,3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4,14 Execution and Progress of the Work. 1.1.3,1.2.3,3.2,3.4.1, 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3, 7.3.9,8.2,8.3,9.5,9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .................. 1.2,3.7.1 Extensions of Time . . . . . . " 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 FaUureofPayment by Contractor . 9.5.1.3,14.2.1.2 Failure of Payment by Owner ......... . . . . .. 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) FlnelComplellon end Flnel peyment 4.2.1,4.2.9,4.3.2, 4.3.5, 9,10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 FlnancialArrangements, Owner's. . . . .. . . . . . . . . . . . . .. . 2.2.1 Fire and Extended Coverage Insurance . . . . . . . . . . . . 11 .3 GENERAL PROVISIONS. 1 Governing Low 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials . 10.1,10.2.4 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers. 5.2.1 Indemnification. 3.17,3.18,9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Infonnatlon and Services Required of the Owner. . . 2.1.2,2.2, 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2. 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Injury or Damage to Person or Property . 4.3.9 Inspections. . ,. . 3.3.3,3.3.4,3.7.1,4.2.2, 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1,13.5 Instructions to Bidders . 1.1.1 Instructions to the Contractor. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 Insurance. . 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Insurance, Boller end Mechlnery 11.3,2 Insurence, Contractor'e Lleblllly . 11.1 Insurance, Effective Date of . 8.2.2, 11.1.2 Insurance, LoaaofUse. .... . . . ... . 11.3.3 Insurance,Owner'eLleblll1y.................... 11,2 Insurance, Property. 10.2.5,11,3 Insurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS ."..................."..". 11 Insurance Companies, Consent to Partial Occupancy. .9.9.1,11.3.11 Insurance Companies, Settlement with. 11.3.10 Intent of the Contract Documents. 1.2.3,3.12.4, 4.2.6,4.2.7,4.2.12,4.2.13,7.4 Inter881. 13,& IntelJlrelellon. 1.2.5, 1.4. 1,5, 4.1.1, 4.3.1, 5.1,6.1.2, 8.1.4 Interpretations, Written 4.2.11,4.2.12,4.3.7 joinder and Consolidation of Claims Required . 4.5.6 Judgmel11onFlnelAwerrt. 4.5.1,4.5.4.1,4,5,7 Labor and Matertals, Equipment. 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1, 4.2.7,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4, 14 Labor Disputes. 8.3.1 LawsandRegulations ....... 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, 9.9.1,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6 Liens. 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Limitation on Consolidation or Joinder 4.5.5 Limitations, Statutes of 4.5.4.2,12.2.6,13.7 Limitations of Authority. . . 3.3.1,4.1.2,4.2.1, 4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4, 11.3.10 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and 18 8Ubject 10leg81 prosecution. A201-1987 3 '. . Limitations of Liability . 2.3,3.2.1,3.5.1,3.7.3.3.12.8,3.12.11, 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4,10.2.5, 1l.l.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Limitations of Time, General 2.2.1,2.2.4,3.2.1,3.7.3, 3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2, 4.33,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4,7.3.4,7.4, 8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5, 11.3.6,12.2.1,12.2.2,13.5,13.7 Limitations of Time, Specific . 2.1.2,2~2.i,2.4,3,1O,3.11, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 loss of Use Insurence . ................. 11.3.3 Material Suppliers. 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 Materials, Hazardous . . . .. 10.1,10.2.4 Materials, Labor, Equipment and. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1, 7.3.6,9.3.2,9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction . 3.3.1,4.2.3,4.2.7,9.4.2 Minor Chong.. In tho Work . 1.1.1,4.2.8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS. 13 Modifications, Definition of . 1.1.1 Modifications to the Contract 1.1.1, 1.1.2,3.7.3,3.11, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 Mutuol Rooponslblllty . 6.2 Nonconforming Work, Acceptance of . . 12.3 Nonconforming Work, Rejection and Correction of . 2.3.1, 4.3.5,9.5.2,9.8.2, 12, 13.7.1.3 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, 312.9,3.17,4.3,4.4.4,4.5,5.2.1,53,5.4.1.1,8.2.2,9.4.1, 9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notleo, Wrltton 2.3,2.4,3.9,3.12,8,3.12.9,4.3, 4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14 Notice of Testing and Inspections .............. 13.5.1,13.5.2 Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . 8.2.2 NOUCH, Ponn"", F....nd 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Observations, Architect's On-Site 4.2.2,4.2.5, 4.3.6,9.4.2,9.5.1,9.10.1,135 1.2.2,3.2.2 9.6.6,9.8.1,9.9, 11.3.11 4.2.2,4.2.9,4.3.6, 9.4.2,9.8.2,9.9.2,9.10.1 4.2.2,4.2.5,4.3.6, 9.4.2,9.5.1,9.10.1,13.5 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 12.2,13.5.2,143.1 OWNER. 2 Owner, Definition of . 2.1 Owner, Informatton and Services Required of the. 2.1 .2, 2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3 Owner's Authority 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, 7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,143.1 Owner's Financial Capability. 2.2.1, 14.1.1.5 Owner's lloblllty Insuronce 11.2 Owner's Loss of Use Insurance .................... 11.3.3 Owner's Relationship with Subcontractors. . I. I .2, 5.2.1,5.4.1,9.6.4 2.4,12.2.4, 14.2.2.2 6,3 Notice. Observations, Contractor's. Occupancy. On-Site Inspections by the Architect On-Site Observations by the Architect. . Orders, Written Owner's Right to Carry Out the Work. Owner's Rlghtto Cloon Up . Owner', Right to Perform Construction and to Aword Soporoto Controcts 6.1 OWnor'o Rlghtto Stop tho Work. 2.3, 4.3.7 Owner's Right to Suspend the Work. 14.3 Owner's Right to Terminate the Contract. . . . . . . . . . . . . 14.2 OWl'lorohlp ond U.. 01 Archltoct's Drewlngs, Spoc~lcoUons ond Othor Documonts ................ 1.1.1,1.3,2.2.5,5.3 PorUol Occuponcy or Uso 9.6.6,9.9, 11.3.11 Po1chlng, Cutting ond . 3.14,6.2.6 POlonts, RoyoRI.. ond .. .. .. . .. .. .. .. . 3.17 Payment,Appllcatlonsfor ............... 4.2.5,9.2,9.3,9.4, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4 Poyment, Corllllcotoslor. 4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4 Payment, Failure of. 4.3.7,9.5.1.3, 9.7,9.10.2,14.1.1.3,14.2.1.2 4.2.1,42.9,4.3.2,43.5,9.10,11.1.2, 11.1.3,11.3.5, 12.3.1 Payment Bond, Performance Bond and. . . . . . . . . . . . 7.3.6.4, 9.10.3,11.3.9,11.4 4.3.4,9.3,9.6, 9.8.3,9.10.3, 13.6, 14.2.3 ........ 9,14 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 10.1 7.3.6.4, 9.10.3,11.3.9,11.4 Permits, Fees and Notices. 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF . 10 Polychlorinated Biphenyl. . 10.1 Product Data, Definition of. 3.12.2 ProduC1Dsto ond Sompl.., Shop Drswlngs . 3.11,3.12,4.2.7 Prog.....ndCompIoUon .......... 4.2.2,4.3.4,8.2 Prog.... poymonts ......................... 4.3.4,9.3, 9.6,9.8.3,910.3, 13.6, 14.2.3 Project, Definition of the . 1.1.4 Project Manual, Definition of the . 1.1.7 Project Manuals . . . . . . , . . . . . . . . . . . . . . . . . .. 2.2.5 Project Representatives 4.2.10 Propertylnouronco ... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY. 10 Regulations and Laws . 1.3,3.6,3.7,3.13,4.1.1,4.5,5, 4.5.7,10.2.2, Il.l, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work . . 3.5.1,4.2.6, 12.2 Releases of Waivers and Liens . 9.10.2 Representations. 1.2.2,3.5.1, 3.12.7, 62.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 2.1.1,3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes . . . , , . . . . . . . . . . .. 4.4, 4.5 Responsibility for Those Performing the Work. 3.3,2, 4.2.3, 6.1.3, 6.2, 10 Retainage . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by ContreC1or . Review of Contractor's Submittals by Owner and Architect Payment, Final Payments, Progress PAYMENTS AND COMPLETION Payments to Subcontractors. . PCB, Performance Bond and Payment Bond. Representatives. 1.22,3.2,3.7.3,3.12.7 3.10.1,3.10.2,3.11,3.12, 4.2.7,4.2.9,5.2.1,5.2.3,9.2,9.8.2 Review of Shop Drawings, Product Data IDd Samples by Comractor ........,........... 3.12.5 RlghtsondRemodl... 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6,4.3.6,4.5,53,6.1,6.3,7.3.1,8.3.1,9.5.1,9.7, 10.2.5, 10.3, 12.22, 12.2.4, 13.4, 14 3.17 Royalties and P8tenls . 4 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying yjolates U.S. copyright laws end 18 subject to legal prosecution. f, . Rule..nd NOlIc..lor ArbllroUOn . . . . . . . . 4.5.2 Solely 01 P.roonllnd Property . . . . . . . . . . . . . . . 10.2 Solely P.....uUon..nd progrom. 4.2.3,4.2.7,10.1 samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . 3.12.3 S.mp.... Shop Drawlng.. Product D." .nd 3.11,3.12,4.2.7 Samp'" .Ith. SIta, Docum.n18 and . 3.11 ScheduleolValuaa. 9.2,9.3.1 Schedules, Construction . 3.10 Separate Contracts and Contractors ........ 1.1.4,3.14.2,4.2.4, 4.5.5,6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Defmitionof ............... ... 3.12.1 Shop Drowlng.. Product Data and Sampl.. 3.11,3.12.4.2.7 Sh.,Useof. 3.13,6.1.1,6.2.1 Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 Site Visits, Architect's 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2,9.5.1,9.8.2,9.9.2,9.10.1,13.5 SpeciaHnspectionsandTesting ........... 4.2.6,12.2.1,13.5 Speclftc8tlORS, Definition of the. 1.1.6 Specification., The. 1.1.1,1.1.6, 1.1.7, 1.2.4, 1.3,3.11 Statutes of Limitations . 4.5.4.2,12.2.6,13.7 Stopping the Work. . 2.3,4.3.7,9.7,10.1.2,10.3,14.1 Stored Materials .. .. 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontraccor, Definition of. .................. 5.1.1 SUBCONTRACTORS. .. .. .. .. .. 5 Subcontractors, Work by. 1.2.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations. . 5.3,5.4,9.3.1.2,9.6.2, 9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2 Submittals 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,11.1.3 Subrogation. W.lvers 01. 6.1.1,11.3.5,11.3.7 Sub"'ntlal ComplaUon. 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7 Substantial Completion, Definition of. 9.8.1 Substitution of Subcontractors . 5.2.3,5.2.4 Substitution of the Architect . . 4.1.3 Substitutions of Materials 3.5.1 Sub-subcontractor, Definition of . 5.1.2 Subsurface Conditions. . . . . . . . . 4.3.6 Successors and Assigns 13.2 Suparlnlandent . .. . . . . . . . . 3.9. 10.2.6 Supervision and Constnlctlon Procedures 1.2.4,3.3,3.4, 4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,7.3.4,8.2,8.3.1,10,12,14 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 9.9.1,9.10.2,9.10.3 2.2.2,3.18.3 Surety. Surety, Consent of. Surveys. . Suspension by the Owner for Convenience 14.3 Suspension of the Work ........... 4.3.7,5.4.2,14.1.1.4,14.3 Suspension or Termination of the Contract 4.3.7,5.4.1.1,14 Taxes ............. 3.6,7.3.6.4 Termination by the Contractor. 14.1 Tennlnatlon by the Owner for Cause . 5.4.1.1,14.2 Termination of the Architect 4.1.3 Termination of the Contractor. 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT . 14 Tllta and Inspactlons 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5 TIME .......... ...............8 Time, Delays and Extensions of . 4.3.8,7.2.1,8.3 Time Limits, Specific. 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2, 9.3.1, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6,11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Tim. Limns on Claim.. 4.3.2,4.3.3,4.3.6,4.3.9.4.4,4.5 Tide to Work. . . . 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.6,8.3.1,10.1 UnitPrlces. 7.1.4,7.'3.3.2 Use of Documents . 1.1.1,1.3,2.2.5,3.12.7,5.3 Use 01 Site 3.13,6.1.1,6.2.1 Values, Schedule of 9.2,9.3.1 Waiver of Claims: Final Payment. 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect. 13.4.2 Waiver of Claims by the Contractor. 9.10.4,11.3.7,13.4.2 Waiver of Claims by the Owner. 4.3.5,4.5.1,9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens. 9.10.2 Waivers of Subrogation . 6.1.1,11.3.5,11.3.7 Warranty and Warranties. 3.5,4.2.9, 4.3.5.3,9.3.3,9.8.2,9.9.1, 12.2.2, 13.7.1.3 Weather Delays. 4.3.8.2 When ArbltroUon Mey Be Damendad ........... 4.5.4 Work, Definition of . . .. 1. 1.3 Written Consent. . 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 Written Interpretations. 4.2.11,4.2.12,4.3.7 Written Notice. 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2, 102.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14 Written Orders. 2.3,3.9,4.3.7, 7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopylng vtolates U.S. copyright lawe and Is subject to legal prosecution. A201-1987 5 f. . . c GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 1.1.1 BASIC DEFINITIONS THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both patties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1,1,4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1,5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1,1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor 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- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as bineting as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord. ance with such recognized meanings. 1,3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless othernrise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ,. . Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Wark under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITAUZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defmed. (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEANITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution oJ the Agreement,.,the prospective contractor would not be required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the COnlractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- . ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly 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 and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insur.mce and Bonds). 2.3 OWNER.S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carryout Work in accordance with the Contract Documents,. the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER.S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay th(;': difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA$ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 7 t' . 3.2 RIO\IlEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the ArChitect errors, inconsistencies or omissions discovered. The Contractor shall riot be liable to the Owner or Architect for damage resulting from errors, 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 Architect. 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 Architect, 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 shall take field measurements and verify field conditions and shall carefully compare such field mea~ surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- mem, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. . 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit. ted by the Contract Documents, that the Wark will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall 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 negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portiOns of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The. Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objoction. 3,8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAe.@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735NEWYORKAVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violate. U.S. copyright laws and La subject to legal prosecution. ,. . 3.9 .3 Contractor's costs for unloading and handling 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 f:ontractor's costs under Clause 3.8.2.3. SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during' performance of the Wark. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare iUld keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance chans, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for . 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 reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit+ tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering suct construction, or by excavation. The Contrac- (or shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAs. @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject 10 legal prosecution. ,. . Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- irig area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Wark the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose 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 othernrise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- . teet's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings. opinions,. reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the . failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed. to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect, 4.1.4 Disputes arising under Subpatagtaphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect wiU not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and I. aubtect 10 legal prosecution. '. . tractor, Subcontractors, or their agen~ or employees, or of any other persons performing portions of the Work. 4.2.4 CommunlcaUoII8 Facllltadng Contract AdmInIstra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Commctor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will.have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nOf a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing ponions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying . out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an. exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur:- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and wiU be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Deflnldon. A Claim is a demand or assertion by one of the panies seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (I) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 2 I days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An adctitional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S, copyl1ght laws and I. .ubject to legal prosecution. A201-1987 11 ,- . 4.3.4 Continuing Contract Perfonnance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver 01 Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris~ log out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims lor Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi. aUy from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they 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 Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims lor Additional COSI. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims lor Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be docwnented by data , . substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Properly. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim, (I) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other patty or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as proVided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAiKl . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and 18 subject to legal prosecution. .' . 4.5.2 Rules and Notices lor Arbitration. Claims between the Owner :md Contr.>ctor not resolved under Paragraph 4.4 shall, If subject to arbitr.>tion under Subpar.>graph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rutes .of tile American Arbitration Association cur. rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be f11ed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract ParIonnance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagr.>ph 4.3.4. 4.5.4 When Arbitration MayBe Demanded. Demand for arbi- tration afany 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 Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a fmal 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 (I) the decision is fmal but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro~ ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagr.>phs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 L1mltatlon on Consolidation or Jolnder. No arbitration arising out. of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or Joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. . 4.5.6 Claims and TImely AssertIon 01 Clalma. A pany who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub~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 Docwnents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac. ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti~ ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity, Failure of the Owner or Architect to reply promptly shall constitute notice of no reason~ able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea~ sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AlA DOCUMENT 0\201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA8 . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A201.1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublect to legal prosecution. ," . 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 Comract Doeu. ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub.sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Comract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. . 6.1.3 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 coo- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract-- Documents, when the Owner performs construction or operations - related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tIons of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate comractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall ptomptly remedy damage wrong- fully caused by the Contractor to completed or partia1ly com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws 8nd Is sub}ect to legal prosecution. ,. . ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Wark, subject to the limitations stated in this Aniele 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 mayor may not be agreed to by the Contractor; an order for a minor change in the Wark may be issued by the Architect alone. 7.1.3 Changes in the Wark 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 prices 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 written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjusunent in the Contract Time, if any. 7.2.2 Methods used in determining adjusunems to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; . .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreemem with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Comractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec~ tive 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 adjusunent 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, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending fmal determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in :a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu~ tion of an appropriate Change Order. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA If) . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A201.1987 15 WARNING: Unlicensed photocopying violates U.S. copyright II1W8 and 18 subject to legal prosecution. " . 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 shall be 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 adjustments, 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 for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless othernrise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operdtions on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The clate of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. . 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 Comract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 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 the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retaioage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay~ ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. rQURTliENTH EDITION AIAGll . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyr4ght laws and ls 8ubject to legal prosecution. .' . 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 part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a 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 in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhauo;tive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on :l revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. . 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time 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 paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages 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 similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac~ tor, if practicable, information regarding percentages of corn~ pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fauh of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi~ ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended 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-8plete 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- AlA DOCUMENT A201 . GENERAL CONDITIONS Of THE CONTRACT fOR CONSTRUCTION. fOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is SUbJect to legal prosecution. '. . nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the ponion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor~ rcction of the Work and conunencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL 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 promptiy make . such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the 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 final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, inclucting all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than 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 fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is SUbJect to legal prosecution. " . ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor -shall immediately stop _ Wark in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated 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 Artide 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, indud- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party 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 take reasonable precautions for safety of, .md shall proVide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac~ tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in 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 bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personneL 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for whiCh the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or 105s. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Comract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit aclS which are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sUbJect to legal prosecution. '. . .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Comractor's employees; .3 claims for damages because of bodily injury, 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 indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, bec"ause of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; ,6 claims for damages because of bodily injury, death of a person or propeny damage arising out of owner- ship, maintenance Of use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 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 wrinen on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any 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 insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior wrinen notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after fmal payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self. protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Projec[ is located, property insurance in the amount of the initial Con- [ract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis withom vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing 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 entity . other than the Owner has an insurable 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 in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal induding demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement. of the Work. The 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 Contnc- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- hies 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 minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit.1 11.3.2 Boller and Machinery Insurance, The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be n~ed insureds. 11.3,3 Lose 01 Use Insurance. The Owner, at tne Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W" WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. .. . 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by. property insurance under policies separate from those insuring the Project, or if after fmal payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 &fore an exposure to loss may occur, the Owner shall me with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy. shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that. the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon. tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreemems, written where legally required for validity, similar waivers each in favor of other panics enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or emity even though that per. son or entity would otherwise have a duty of indemnification, comractual 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 just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro~ ceeds 50 received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. . 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 objcxt in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4,5. The Owner as fiduciary shall, inthat case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration. is 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 th'e 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 shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con. tract and payment of obligations arising thereunder as stipu. lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary 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 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 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. dons 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 chite AlA DOCUMENT -'201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 21 WARNING: Unlicensed photocopying violates U.S. copyright 18W8 and Is subfect to legal prosecution. " . for conunencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable speclal warranty requJred 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 after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall 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 are: 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 Comractor's expense. If the Comractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear 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. 12.2.8 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. r ~ . ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and 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 shau 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 shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of pubUc authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test ~ ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an9 shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspectJon or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @1987THEAMERICANINSTITUTEOFARCHITECTS, I735NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unllcenled photocopytng violates U.S. copyright laws and II subject to legal prosecution. . The Owner shall bear such costs except as provided. in Sub. paragraph ]3.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and ] 3.5.2 reveal failure of the portions of the Wark 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 expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con. tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 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 time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor; .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan. tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certlf~ cate for Payment. As to acts or failures to act occur. ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi. cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli. cable statute of limitations shall commence to run and an y alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. . ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work 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 the Work under contract with the Contractor, for any of the following reasons; .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num. ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- 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 and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper 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 substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architt7ct that sufficient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 23 WARNING: Unlicensed photocopying vfoletea U.S. copyright laws and Is subJect to legal prosecution. . tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, severt days' written notice, tenni- natc employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant. to Para- graph 5.4; and .3 ftnish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is fmished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Wark, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the . Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on. the increased cost of performance, caused by suspension, delay or interruJr tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is. responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjusunents made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINsTITUTEOFARCHITECTS, 173SNEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3/87 WARNING: Unlicensed photocopying violates U.S. copyright taws and ls subject to legal prosecution. " . . 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 ofthatArticle, 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 a. State and Federal: Statutory b. Employer's Liability $ 100,000. Supply & Installation of Emergency Generator Systems F -1 " . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations, b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Supply & Installation of Emergency Generator Systems F-2 ,. . . 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 {:'();r)mf1n~/2 , c-fe c::r7U U (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract EJ-ec ~ /c.. ;and, 2. A. 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: &;,.oc "!7"kc ; and/or, B. 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: b--k~ ; and, 3. 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 ntractor certification required by these Bid Conditions. G ? (J /l--e.,p, , (Signature of Authorized Representative of Bidder) Supply & Installation of Emergency Generator Systems G -1 . . NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. 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 payor other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The contractor will send to each labor union or representative of workers with which he 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~iscrlmlnation clauses", and requesting such labor union or representative to agree In writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining Including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative falls or refuses so to agree In writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. c. 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 ofthe provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. 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. Supply & Installation of Emergency Generator Systems J -1 . . e. 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-dlscrlminatlon clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of Investigation to ascertain compliance with these non-dlscrlmlnation clauses and such sections of the Executive Law and Civil Rights Law. f. 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-dlscrlmlnatlon 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 ofthese non-discrlminatlon 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-dlscrlmlnatlon 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. g. 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. h. 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 by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as 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). Supply & Installation of Emergency Generator Systems J-2 ,-- " . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Supply & Installation of Emeraency Generator SYStems For the Town of Southold South old Town Hall 53095 Main Road State Route 25 SOUTH OLD, New York 11971 NOTE: This project shall comply with all rules, regulations and requirements of the NEW YORK STATE DEPARTMENT OF LABOR, BUREAU OF PUBLIC WORK NEW YORK STATE DEPARTMENT OF LABOR Schedule of the Prevailing Hourly Wage Rates and the Prevailing Hourly Supplements Shall Be Incorporated into these Specifications. Supply & Installation of Emergency Generator Systems L-1 iYROLL CERTIFICATION FORM. (lltle) (HarM of slgnatoly p.rty) do hereby state: 1. That I payor supervise the payment of the persons employed by on the (Contractor Of" Sub Cll ,bM.1<lo/'t ; that during the payroll period commencing (Project or Work) on the day of . A-. and ending the day of . A-. all persons employed on said project have been paid the full weekly wages earned (..~.. ROtH CofUIM to - I'ront offonnj, thllt no rebates have been or will be made either directly or Indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (ConCrKtar 01 ....cD ....ctlOI1 no deductlons have been made either directly or Indirectly from the full wages earned by any person other than pennlssJble deductions as defined by Regulations Issued by the New York State Department of Labor. If any wages are unpaid, as reported In Column 10 on the front of this form, explain below: 2. That any payrolls otherwise under this contract required to be .ubmltted for the .bove period are correct and complete; that the wage rates for laborers, mechantc, Journeymen. .kllled and semkkllled laborer and apprentlc.. contained therein Ire not less than the appUcable wage rates contalned In any wag. detennlnaUon Incorporated Into the contract that the cluslftcationa set forth therein for each laborer, mechanic, Journeymen, .kllled.nd semkkllled laborer and apprentice conform wfth work he perfonned. 3. That any apprentlcn employed In the above period a... duly rwgtsteted In a boaa fkIe apprenticeship program reglstared with . State apprenticeship agency recognized by the New York Bu....y of Apprenticeship and Training, Deparbnent of Labor and Industry. .. That: (a). wHERE FRINGE BENEFIES ARE PAID TO APPROVED PLANS. FUNDS OR PROGRAMS In addition to the bask: hourly wage ..... paid to HCh laborer. mechanlc,joumtyman, Hilled and .eml..killed laborer and D apprentice 1lst8d In the abow merenced PlYroIl, payments of fJ1nge beneftta as IIstid in the contract have been or will be made to appropriate programs for the beneftt of such employ". except.. notad In Section 4 (c) below. (b). WHERE FRINGE BENEFIES ARE PAID IN CASH Each laborer, Mechllnle, journeymen, skilled and seml..kllled laborer and appl1nUee listed In the above referenced payroll C has been paid, IS Indicated on the JNlYI'OII, an amount not leu than the sum of the applicable basic hourly wage rate plus the amount of the required fringe beneflts as listed In the contract, except.. noted In Section 4 (c) below; (c). EXCEPTIONS . EXCEPTION (CRAFT) EXPLANATION REMARKS: .1 NAME ....lITLE, I SIGNATURE, The willful falslflcaUon of any of the above statements may subject the contractor or aub-contractor to civil or criminal proueution. TAKEN, SWORN AND SUBSCRIBED BEFORE ME. T1lIS DAY (NOTARY & SEAL) OF A.D. 20_. Supply & Installation of Emergency Generator Systems L-2 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) Name of 0 Contractor Of, 0 Sub-Contractor: Address of Contractor or Sub-Contractor: Telephone No. Week Ending or Final Certification Project Name & location: o 1. 2. 3. ,..: -4. DAY AND DATE 5. 5. Name, Address and ~r! Work ~ S 1M IT IWI TI F 5 Social Security Number n~ Classification o I I I I I I TOT~~ RATE ,..: HOUR OF PA of Employee !~.:I 0 HOURS WORKED EACH DAY . o S o S o S o S o S o S o S o S o S Prevailing Wage Serial Number: 7. 8. DEDUCTIONS WITH- HOLDING STATE TAX GROSS AMOUN' EARNED FICA . NEW YORK STATE DEPARTMENT OF LABOR Date Wage Due & Paid: Agency Project Number: TOTAL DEDUC- TIONS 9. 10. NET WAGE AMOUNTS PAID FOR UNPAID WEEK PREVAILING WAGE DIVISION c;t) ...J (fJ E Ql - (fJ >. en ... .9 I!! Ql c: Ql C> ~ c: Ql ~ Ql E w '0 c: o ~ JJj c: cd >. a. 0- :> en ," . . COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: 1. 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. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits In contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. 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 provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification Is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are In fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors 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 flies; 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): Supply & Installation of Emergency Generator Systems M -1 . . 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 . which Is not exempt from the provisions of the. Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers Is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24,1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be Imposed and remedies Invoked as provided In Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Supply & Installation of Emergency Generator Systems M -2 . . (7) The contractor will Include the provisions of Paragraphs (1) through (7) In every subcontract or purchase order unless exempted by rules, regulations, or orders ofthe Secretary of Labor Issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes invoived 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." 3. 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 prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated In Its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (il) has 50 or more employees; (Iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as. a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (il), and (iv) of this. paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually In accordance with subparagraph (1) of this paragraph, or at such other Intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish In the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and Is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations In this sub-part. Any such failure shall be reported In writing to the Director by the agency as soon as practicable after it occurs. Supply & Installation of Emergency Generator Systems M -3 T . . 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) 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: (2) "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. (2) In any case In which a bidder or prospective prime contractor or proposed subcontractor, which participated In a previous contract of subcontract subject to Executive Orders No. 10925,11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such Information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other Information as the agency, the applicant, or the Director requests. ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only In connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Supply & Installation of Emergency Generator Systems M -4 T . . ( d) Acquisition of Report Forms. Standard Form 100 Is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer Information report. 1-12.805.4 PROCUREMENT STANDARDS A. 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. B. 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 l! 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, or 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. Supply & Installation of Emergency Generator Systems M -5 ." . . C. Each contract of an amount In excess of $ 2,500 awarded by a Grantee or Subllrantee 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. D. Contracts and subllrants 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. E. 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. F. Ail 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. G. 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. H. Ail contracts and subllrants 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 subllrantee 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 subllrantees and to assure that suspected or reported violations are promptly Investigated. Supply & Installation of Emergency Generator Systems M -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: 1. 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 anyone calendar day or more than five days in anyone week except in the emergencies set forth in the Labor Law. 2. 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. 3. 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. 4. 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 II 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. 5. 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; Supply & Installation of Emergency Generator Systems M -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. 6. 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. 7. 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. 8. Section 22208 which requires that if In the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, Including Public authorities, must include in each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment Insurance, social security and safety code provisions as are required by law. General Regulation No.1, as Issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described In this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder Is being conducted, the Notice of the State Commission for Human Rights Indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent Information. Such Notice shall be posted In easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights In the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Supply & Installation of Emergency Generator Systems M -8 .0' . .t"\, . . . THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document AJ10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we COMMANDER ELECTRIC, INC. 500 Johnson Avenue IHe~ Insert full nolme and .address or lepl lille of Contractor) Bohemia, NY 11716 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND S~~TY C?,M1,{}tIY ~F AMERICA 499 Thomall Street {Here inSM full ".me an .. ,en or ep lif e 01 uretyl Edison, NJ 08837-2238 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert lull n.me &nd ..ddms or leSil tItle of Owner) SOUTHOLD TOWN Town Hall 53095 Main Road, Southold. NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five percent of amount bid. Dollars ($ 5% of Amount Bid I, 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 Supply 2 Installation of Emergency Generator System 1lS0Ulhold Town Hall 2 Southold Town Highway Department 3 Human Resource Center 4 Portable, Trailer Mounted NOW, THEREfORE, if the ObliSH shall accept the bid of the Princip.1 and the Principal iNII enter into a Contract with the ObliBee in accordance with the terms of such bid, and give such bond or bonds 15 mly be specified in the biddi"l or Contrut Documents with good and sufficient surety for the faithful perform,nce of such Contr.ct ,nd for the prompt fnyment of I.bor and material furnished in the prosecution thereof, or in the event 01 the I.ilure 01 the Principal to enter such Contract and sive such bond or bonds, if the PrincipII shill p',ay to the ObIiBft the diHerence not to exceed the peNlty hereof between the amount specified in Nid bid and such larBer Imount for which the Obligee may in ROOd filth contract with another plrty to perform the Work covered by Slid bid, then this obliption shill be null Ind void. otherwise to remain in full force Ind effect. IHere in5erl lull n..me, olIddren olInd descriplion 01 projecll Signed and sealed this 31st day of JUly 2006 )~k~ ~EIF~ d. ..... ~I~ ---- (T/rle) CASUALTY AND SURETY COMPANY OF ~" ~JtAR ~ (Se.l) Attorney-in-Fact AlA DOCUMENT AS1'. BID BONO. AlA.. FEBRUARY 1970 EO . THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 1 . POWER OF ATTORNEY POWER OF ATTORNEY IS INVALID WITHOUT THE R DER WARNIN .STPAUL TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attomey.1n Fact No. 213760 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company CemficateNo. 000470612 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard G. Avery, Karen C. Bowling, Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New Yark , their true and lawful Attorney(sHn.Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirJ;msj.ness of ..guaranteeing the fidelity of persons, guaranteeing the performance of conttacts and execoting or guaranteeing bonds and ondertakings reqo:~~Z~~~\lons ~~~eedingS allowed by law. ,,<";. 'll)""" IN WITN~~EREOF, the Comp~ave caused this i~,~\\,~ t~~~._~n~~~~.~Go~rate seals to be hereto affixed, this day of .. ".\.' ,.,;\' r\' ~ "y , '." ..' ., '~\ "~-, '''',,,~\,'\ '>, " ' ",,\\.:-: :\~' Farmington Casualty C'I(I\>\n\' . ",~\'4. .' '~\'t.." ;.. Fidelity and Guarantyihsltr'l!'c\ l\ptbp"'ll! lJ Fidelity and GuarantyInsu~e~nderwil?ers, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company @ State of Connecticut City of Hartford ss. 26th January 2006 26th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By, On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seaL My Commission expires the 30th day of June, 2006. 58440-9-05 Printed in U.S.A. ~CT,:,~lt~~ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~ . WAR.. THIS POWER OF ATTORNEY IS INVALID WITHOUT T. BORDER I This Power of Attorney is granted under and by t thority of the following resolutions adopted by the Boa Directors of Fannington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, 51. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the fmure with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned,Assistant Secretary, of Fannington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuran~...e Sompan.>;., St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and S~"mpal}Y<<Amen~d UnIted States FidelIty and Guaranty Company do hereby certtfy that the above and foregomg IS a true and correct copy of the Pow~~ttom~U;d :\.s~~tompames, which tS 10 full force and effect and has not been revoked , ,~ N \', ~ I'" :'l ,,', ,",,~ ,,~ ~,\ " ,\,,,, ..:., 'l> ,~\ . IN TESTIMONY WHEREOF, [ have hereunro set my han~~"\~~~;'~S~~\,\~ames th" 31 Bt day of Jul Y ,20 QQ.. '. '~'\(~ ,\\()\ \' ~.".\\ N" e @ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER r- ." , . ACKNO.EDGMENT OF PRINCIPAL -IF A CO'-ORATION STATE OF Nw.~ ......} ss COUNTY OF . .bUlfti\K.... On this ..........I. . ................ dljY of ......~..............., ......... before me personally appeared ........~... . " .a..............=.~~~-be k~own, who. being by me duly sworn. did depose and say; t1 he/she resides .6.7....~.f?.tl.v.l....1 tL4r~.,...f!{..................., that he/she is the .................................. President of ...~Jey.....~C).................................. the corporation described in and which executed the within insurance instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/sh gn hislher name to ike order. JAMIE BOOTH ..... .. ..................................................... NOTARY PUBLIC-STATE OF NEW YORK IF INDIVIDUAL OR FIRNP. 01B06134221 Qualified In Suttolk County v.y Commllllon Expire. September 26. 2009 ACKNOWLEDGMENT OF PRIN STATE OF ........................} S8 COUNTY OF ..................... On this ................................. day of ............................._.............. ......... before me personally appeared ..................................................................................... to me know to be (the individual) (one of the firm) of .....:............................................................................. described in and who executed the within instrument and he/she thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm). .....................................................................................H..... ACKNOWLEDGMENT OF SURETY COMPANY STATEOF..IMW.XQrI<............} 88 COUNTY OF .N\l?~l)L......... On this ......J.vJ.Y..,.n,...~QQ~.................. before me personally came ...TI19.MMLllJ::Ml...........:............i............ to me known. who, being by me duly sworn. did depose and say; that he/she resides in ....~!!~~~!:~..~!'!~............................ State of ..1)!~W.Y.9r~.............:.. that he/she is the Attorney-In-Fact of the TM ~~~.~~~,. ~~H~IT-. M!P. ..~~~ ..~~~~,. 9.L{@;R~l<~.. the corporation described In which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed hlsfher name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York. has. pursuant to Section 1111 of the Insurance Law of the State of New York. issued to TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA' (Surety) his/her certificate of qualification eVidencing the qualification of said Company sufficiency under any law of the State of New York as surety and guarantor. and the propriety of ac 'ng and ap Ing as such; and that such certfficate has not been revoked. ........................................................ NY admowledgement liRA AC ON Notary Public ~P oolNow'llHtl No.01AC0111B80 0u01Hlod In Noooeo eounIJ 0/ ClornIMoIon Explroo ...... 14,:i!'L-O ~ T " , . . PROPOSAL FORM Page 1 of 3 Date: Pv..'f:>t'J..,)OO'=:> NAME of BIDDER: 3". P. })fky d-~Oh.~.:p.~. ~f)rt &00 ~ tfueV\...~ \::)el'r Pa.r Ie. Ny I {..., 2.. '7 Telephone: ~ 3/ ),~:)9- 0,/.3'- 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 and specifications dated: June 20, 2006, including bidding requirements, contract, general and special conditions, specifications, and addenda, (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 Labor & Materials not provided by the Town (See Specifications) and to perform all the work required to supply, construct, perform and complete the work for: The Supply, Installation and Electrical Connections of New Emergency Generator Systems for the following Project Locations and/or Uses: 1. South old Town Hall (75Kw); 2. Southold Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Supply & Installation of Emergency Generator Systems D-1 " , ~ . . PROPOSAL FORM. Cont. Page 2 of 3 PROJECT # 1: South old Town Hall (75kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL A NEW 75kw EMERGENCY GENERATOR SYSTEM FOR THE SOUTHOLD TOWN HALL. THE PROJECT SHALL INCLUDE THE DISCONNECTION AND REMOVCAL OF THE OLD GENERATOR, ENCLOSURES, LOAD BANK & FUEL TANK. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HERE. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (Me fk I-.Jr td t:: f-\eev-. ""(l...~ >'" ",J. )-'l.l- (written In words) / / S; OOD . Q2... (written In numbers) PROJECT # 2: Town Highway Dept. (40kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL A NEW 40kw EMERGENCY GENERATOR SYSTEM FOR THE SOUTHOLD TOWN HIGHWAY DEPARTMENT. THE PROJECT SHALL INCLUDE THE INSTALLATION OF A 200 AMP, THREE PHASE, AUTOMATIC TRANSFER SWITCH AND A NEW 40 AMP EMERGENCY SUB-PANEL IN THE OFFICE BASEMENT. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: O...e. ~~red T I-Vt'III-\.1 Dille. T/I1<.>L<"""d (written In words) , _l:ll,ooo.~ (written In numbers) PROJECT # 3: HRC Katinka House. (40kw Emergency Generator System) CONTRACT TO FURNISH AND INSTALL A NEW 40kw EMERGENCY GENERATOR SYSTEM FOR THE KATINKA HOUSE LOCATED ADJACENT TO THE HUMAN RESOURCE CENTER. THE PROJECT SHALL INCLUDE THE INSTALLATION OF A 200 AMP, THREE PHASE, AUTOMATIC TRANSFER SWITCH. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: 5.evell\.~ Th.;x..,.)q.,..d6-~ {written In word "70 ~ {' ,000. (written In numbers) PROJECT # 4: Portable, Trailer Mounted (75kw Emergency Generator System) CONTRACT TO FURNISH A NEW PORTABLE, TRAILER MOUNTED, 75kw EMERGENCY GENERATOR SYSTEM FOR THE TOWN OF SOUTHOLD. THE PROJECT SHALL INCLUDE THE CONNECTIONS AND WIREING REQUIRED FOR A QUICK DISCONNECT TO POLICE DEPARTMENT FACILITY AS WELL AS EACH OF THE ABOVE REFERENCED LOCATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS TO INSTALL A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS LISTED HERE. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: o"'-e K....'^di~cl\\-.IE?<\h........>...dot~ (written In words) ---1 e9- 03,00'0. (written In numbers) Supply & Installation of Emergency Generator Systems 0-2 . . , ----I t . . PROPOSAL FORM. Cont. Page 3 of 3 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: (IF ANY) Dated: Signature ~.I, :") ()j. ~ of Bidder: U~ \. V""""6l.t) Bidders Address: 'i? ~". g, roc,\:- rt~ . ,,=>(?~r f~ r tel NY 1("127 Telephone G Number: t; 1/) ~ r-<(- 0 <(3) G. Date: 8"- 2 - 0 (0 Supply & Installation of Emergency Generator Systems 0-3 ~ . . STATEI\IIENT OF NON-CQ/..-LU$ION (To be completed by each Bidder) In accordance with Section 103-<1 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereoftor work or services performed or to be performed or goods sold or to be sold, shall contain the following statemenlsubscrlbed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-colluslve bidding certification. A. Bysubmisslon ofthls 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 0..\"'v--. ~~ of the ~. f'. \:::>A;<..:t. ~~uh~, +"C~ be (Name of slgnato ) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: "The Supply, Installation & Electrical Connections of New Emergency Generator Systems for the Town of Southold" and to include in such bid or proposal the certificate as to non-colluslon 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 miss-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 '2~ day of -it<- ~ u.. ~ f. .2006. (SEAL OF THE CORPORATION) Laws of New York,1965 Ch. 751, Sec. 103-<1, as amended & effectfve on September 1, 1965. ra ~fn~tS?Jo lfi Supply & Installation of Emergency Generator Systems E - 1 ~ J " . . THE AMERICAN INSTITUTE OF ARCHITECTS . AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we 88 A Brook Avenue, Deer Park, N.Y. 11729 J.P.Daly & Sons, Inc. as Principal, (Here insert full name and address or legal title of Contractor) hereinafter called the Principal and Fidelity & Deposit Company of Maryland 1 Upper Pond Road, Morris Corporate Center, Parsippany N.J. 07054 (Here insert full name and address or legal title of Surety) 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, N.Y. 11971 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Total Amount of 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 (Here insert full name, address and description of project) Supply and Installation Emergency Generator Systems NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed August1,2006 L...-... -- J,P.Daly & Sons, Inc. (princ' al ~ (seal) (Witness) land (Seal) Diana P. Alesci Attorney in Fact 7\T7\ f'I"f"nMr;>"l'T" 7\':I1n OTf'lOfll\ln 7\T7\ r;>r;>ODTl7\DV 1a~n r;>n ~Ur;> 7\Mr;>DTf"7\M 1------ , " . . ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATEOF New York } COUNTY OF Suffolk sSf On this I day of lN5uf1f ~oo" before me personally came Thomas Daly to me known, who being by duly sword did depose and say that he/she resides at 32 Trescott Street, Dix Hills', New York 11746 and that he/she is the Corporate Secretary of J.P. Daly & Sons, Inc. the corporation described in and which executed the foregoing instrument! that he/she knows the seal of said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. ROSANNE CALLAHAN ~ UlJ",--, NOTARY PUBLIC STATE OF NEW YORK NOTARY PUBLIC NO, 01 CA802444 QUALIFIED IN SUFFOLK COU~TYna..c:::'I COMMISSION EXPA!CKt\K)w.u:DGMENT OF PRINCIPAL IF A PARTNERSHIP STATE OF COUNTY OF fSs,: On this day of ,before me personally appeared to me known and known to me to be one of the members of the finm of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same and or the act and deed of said finm. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL STATE OF COUNTY OF fSs,: On this day of ,before me personally appeared to me known and known to be to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same, NOTARY PUBLIC STATE OF COUNTY OF ACKNOWLEDGEMENT OF SURETY New York} Nassau } ss,: I\L9Jst 1 2IDi On' before me personally came Diana P. Alescl to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive Plainview, New York 11803, that he/she is the Attorney in Fact of Fidelity and Deposit Company of Maryland the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation, ROSANNE CALLAHAN \IOrARY PUBLIC STATE OF NeW YORK 0,O,CMl02444 '1.!FI!:!D IN SUFFOLK COUNTY,1.'l'71 '<;SION EXPiRES MAY 10.a::::: I ~ c1CJ~ NOTARY PUBLIC T " '. . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY lHESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMIlH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w . set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. d s ~ . te, constitute and appoint Peter HENRY, Rosanne CALLAHAN, Marylou BROWN, ALESCI and Robert FINNELL, all ofPlainvlew, New York, EACH its !me and I: e, execute, seal and deliver, for, and on its behalf as surety, and as its a akings, and the execution of o such bonds or undertakings in p~uanc , hi! said Company, as fully and amply, to all intents and purpose~, as if the eo e u I by the regularly elected officers of the Company at its office in Ba!tim th . 0 . power of attorney revokes that issued on behalf of Peter HENRY, Rosanne ,Richard K. KAINZ, dated August 22, 2003. The said Assistant ~s y certifY that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-~dCompany, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affIXed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of May, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND a:r V~ By: Assistant Secretary Paul C. Rogers ~ T. E. Smith Vice President State of Maryland } ss' City of Baltimore . On this 6th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly comntissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sea! affIXed to the preceding instrumeI\t is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year frrst above written. B//fj,J- Dennis R. Hayden Notary Public My Comntission Expires: February I, 2009 POA-F 093-7577 . . . 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-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persous to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assigrunents of judgements, decrees, mortgages and instruments in the nature of mortgages,.. .and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certifY that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certifY that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though rnannally affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1 day of Jlt9Ist 2IDi GfcJ~ Assistant Secretary . ' . . , FIDELITY ANDDEPOSrrCOMPANY " ''' '" OFMARYwm , " ,.,3;HOtcllSWICKROAD, BALTIMqRE,MD21203.' Statement of Fin<indal CGndltion As Of DeCember 31; 2005 '::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:~;;~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::$ ,1:~:~~~:~~. Cult inll~ lind Officcs..";.....,......";..""..."......."".".......".";"""",,...........,,..L.,,..,.,,,........,,..;,,.. '. . 155,oon Reinsimmce Recoverable .""..:.....~."...."....;........".".."""...".....""".""".""".....,,...""....:..,..".......;. '. 14;112,203 '.' ~~~::;:k~~:;;.:::::::::~:::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::=::::=:::::::$, 2~:::i~:~~~.' . . ".'. '. --. ,-' ,.. ,- . ~. " '.'0'" ." ". ~," . tJABILll',(ES, SUlU'LUS ANn oTHEj{YU1!PS .~~'!f~?:~.;=.:~:~~~~~:~~1~:?i:~~:' = .'=e.:~~E:::E::~=::~:~::~':::~:~:::';~:j;i..;:::::::. SeCtlnn!'S prri.,a'ili$3i.398,<lt3 in the above statement are d"l!(lSifed as required by ja~. "'. Sec;uritiescarried OIithebasiS pre.!cn1>edj)ytbe NatioiJal Association ofI,;,nnanceCtinm.1issioners, OD.,tbebasis of December 31, 2005 market quotatiQnsfbr,ali. bonds lind stocks oWned; tbe CQnIpl\lly's totalil<hnitfed assets wQuldbe $212,087;289 arid surplus.. regardS pOlicyholders $185,098,584. . :; . . 1; DAVIDA.; BOWERS,CorpOrate Sec;retary of !be FioI'lUTY AND DEPOSIT CO!,fP,.,m,()F~Y1..ANDi do hereby', . certifY that tbeforegOing sfat<:mentis acon-ectexhibit of the assetS l\Ild 1iabilitiesof Ilii: .said Coiripanji. ontbe 31st day ofOecemb.., 2005." . . t:)~~.. ....... . CO"W'YW'Secr~ S~te ofIllinios } SS:. City of Scbaumburg Sllbscn~ and sWorn tn., before me, a NotaJy Public of the State of Illinois, in the City of Schaumburg. this 20th day__of~~1;'2~. fLfdLw~.Q~~'... Notary Publit; '\ OFFICIAL SEAL . . MARLo G SARABYN NOTARY pueuc. STATE 01' IlLJNOIS . 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'b $ .00 FtdbUll80111y tOurhbilty;slmitedIGSlOOurlessyOudeelare. hlghervelut.s" blIcklordlllllk 8 Sign to Authorize Dolivery Wl\IIGutoSigneIuro 14661 avGloniIlllVOU.uthoriztUsIGdtlillurlhisshipm&rll:wlthouIotainingl&lQn&Wr& ,ndtgrtttoindtmnlf>/tndhoklush.rmltssffomtJ\YflIsultingcltims. 0287331970 SAS.Fltv,O.ltlli\ll",mtliiS/19_01994-2003FedE,_PAINTEDINU.SA " '. ~ #7969 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 20th day of Julv, 2006. lliMa~AcJD Principal Clerk Sworn to before me this 2006 ()D daYOf~ ~YO~ NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Qualified In Suffolk County Commission Expires February 28. 2008 . ,n\Il"\\lO!l \Hl\:l U_;l')~ r .' gOOI \7{, lflr Q7'I!\I:l:>:lll " '. LEGAL NOTICE NOTICE 1'0 BIDDERS NOTICE IS HEIlEBY GIVEN. in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and re- quested for the supply, installation and electrical connections of new emergen- cy generator systems for the following Project Locations andlor Uses: 1. Southold Town Hall (75Kw); 2. Southold Town Highway Depart- ment (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, 'frailer Mounted (75Kw). SpecillcadoD8 for the above are available at the Southold Town Clerk's office Monday thru Friday, 8:00 am to 4:00 pm.. Sealed bids, togetber with a Non- Collusive Bid Certifitate and bank draft or certified check in the amount of S% of the bid, will be received by the Town Clerk at the Southold Town Hall. 53095 Main Road, P.D. BOX 1179, Southold, New York, until 10:iMl a.m., 11tursday, August 3, 2006, 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 aU bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Sqpotv &: IlIdallatioll of F....p-nIlentv ('.eDen.or SY!d:emSr and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is ex- empt. This invitation to bid is not an offer and shall in no way biO(~ the Town of Southold to award a contract for perfor- mance of the project. Should the Town of Southold decide to award a contract for one or more of the project locations listed herein, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT with- draw his bid during this period. Dated: JUNE 6, 2()(Xi ELlZABETHA. NEVILLE SOUTHOLD TOWN, CLERK 7%9-IT7120 '. , items 1, 2, and 3. Also complete 'estricted Delivery is desired. name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: G_""v-'JT ~> 2.<~. ) G \ r O<.>-"'~v 1'.0- \1\10.: \YV&:o11- ~rl ~~)\I~N..b ',"j Ur,'j 001'- "".,.., \ \ (\](:; 2. Article Number (Transfer from service label) PS Form 3811 . February 2004 \11\<_ AU[; 2 2' 200ii 4. Restricted Delivery? (Extra Fee) DYes ,'i.' '_Jii "" 4--;J 73~)9 Domestic Return Receipt 102595-02-M-1540 0\1'9~-~-2:0.S6SZ0~ ldI8:J8t,l UJnl81:! :J!lS8WOO c VOO~ NenJqa~ ' , ,88 WJO~ Sd (/8qe/ 80!/Ves WOlf ;8;sue;JJ JaqwnN apqJ'V 'Z: -.---. 9ii1Ee- (hr;\j TUO':J S9AD (ea::i e.JJX3) {..A.laAllao paplJ.sal:! 'to' '0'0':)0 9SIPue4:JJ9V11 JOJ .d!a:Jal:l UJm€ll::l 0 neVI! sS€lJdX3 0 l!eVII p8JnSUI 0 P8J81S!6€ltl 0 l!eV"J pa!J!1l8g;;1 ad^l €lolAJaS '8 eesseJpp'v' D- ~ lUe6'v' 0 L?r?~x €lJnlBU6IS ''V }'H3/1113Q NO NOIJ.:J3S SIHl 3131dWOO SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J AW\eb +\~ \ i'W>c:\ 0.cWH"" f\'Y\cle..v- E [QCh"; (~. 500 'TOh'lM"" ()lleIW<C. ~he.'^'\'-a... N'I II') I~ 2. Article umber (Transfer from service label) PS Form 3811. February 2004 '0 bru I l,f\] 1"~_ ..Kcl~ -:+w;lnti '1''CJO-\<C, tj ~ ',)'.' \ <;"''':) ! /-.1t'Q. "d:..L 1..\ "'<3, ~wu>\.1J- :01 passaJpP\f €lPllJ\f . ~ 'Sl!W,lad 8:leds !! lU01J 84l uo 10 '8:l8!dHEW 84l JO >peq a4l Ol p1E:l S!4l 4:lEn\f . 'no" Ol pJB:l a4l U1nl8J UE:l aM lB4l os 8S1aM}1 84l uo SS81PPE pUB 8WEU 1nOA lUPd . 'p81!S8P S! NaA!laa pal:lPlsat{ J! p wall alajdwo:l oSI\f 'E pUE '(;' ~ swall a~aldw08 I NOI1.03S SIH1. 31.31dWOO :1:l30N3 -~--,~Agent o Addressee C. Date of Delivery ~';;l.I'\:)\o DYes o No B. Received by ( Printed Name) JJh~.I-< ~J t.. t D. Is delivery address different fro (tern 1? If YES, enter delivery address below: 3. Servicj:l Type C!"C'~rtified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes L1U eOf]l. 8547 7393 _ ~._,...,","..c~~ .."~.__" ,;~,,,,~____._"'''M'_''''_._ 102595-02-M-1540 Domestic Return Receipt U.S. Postal Service,. . CERTIFIED MAIL,. RECEIPT (Domestic MtJ// Only; No _ 1>>....... .ll <0 fTl ; ~~""~;~'\~L':~ll-CI~~.=.I~~'Z.~ U'1 <0 Pc" f.0 " D D o RelurnReCiep-i(';(~: (Endorsement Reqliir.JIli..r I o Restricted Delive~. :' ~ (EndOrsementReq" 'IJJ"-lom,.---..- fTl 1malp""",,&'l, " ~8f' ".". '....., \....... _~'O _::, ~."YD "I ( ,v oqlI"r,. ,-.j ,,-) ; \ 'f ;:'0. ~'t ,-, , \ 1 , I ;:.1:....'- 1.._,.. ,)l<"'~ Il.-Vlk{;.. Cemliec J~~jC' ("" .~~'- rn ~ ~"~_~_M~ I - Street. Apt_ No.: or PO Bm No city: 'Slat 1I'r; - . . . . IT" . r- _ _ .., ...;'" ,.' .. ." n'l f, -. . r'- ., " . ;.,;'; ,,;, ., ),''J'J...., r'- cT U'1 <D postmark Here \~-~~ F',-,stage ~~_~_ , " D D D D " " rn CurtiHHO Fee 'W1JrnHeceplFec \ E 1<1 rspmenl ReqUired, r . flEIVCf\ll-O"\ " HeqUlfed) -7P III "ustagp & f ees ~! ----1.--- ~I c; u.S. postal.Servit;.e'M CERTIFIED MAll'M RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) 8 Certifi[(1 FeEl i~_._J.:.,~._,g_._,_ o AelurnAecie91F-ee i "i(C,... o (Endorsement ReQlJjred\ U".....!.....!~::::~.t--.- o Restricted Deliveryi-i1',~ i r=I (Endorsement Requ!;'ed, I ;:ri Tolal P""g' & I'"",, \i:''I-~'j~ ~... '.n ...__.____ _., ~ l!'p';:~^"n ~ '11~>c;:;:~' T0"'"'i~hde.rn~\ed' I rn e- rn ; ~1T;;~''''.t'=:'., "."""~~."A'l U'1 <0 PC',W)8 I ._,~~-' rn D D r'- \se~e:rd1DY"~S:___G:r}bw.~..~::,t~ t Si;",', Api NO;-n '\2 II 0 ., i~" P~_B~~,~~:-.-.:r.D,t-,-.O,DX---:1- _h-______________"____"__._.__"_ r ,C:tato.ZJP+4 N ',;.1'\~.Jll '.' :1' 'C\'ot!;,.,,., "B:'., , II r . . LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the supply, installation and electrical connections of new emergency generator systems for the following Project Locations and/or Uses: 1. Southold Town Hall (75Kw); 2. Southold Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). Specifications for the above are available at the Southold Town Clerk's office Monday thru Friday, 8:00 am to 4:00 pm.. Sealed bids, together with a Non-Collusive Bid Certificate and bank draft or certified check in the amount of 5% of the bid, will be received by the Town Clerk at the Southold Town Hall, 53095 Main Road, P.O. BOX 1179, Southold, New York, until 10:00 A.M., Thursday, August 3, 2006, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of South old to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Supplv & Installation of Emereencv Generator Svstems," and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. 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 for one or more of the project locations listed herein, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informality, 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. Dated: JUNE 6, 2006 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ON JULY 20, 2006 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. . . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk oft Town of South old, New York being duly sworn, says that on the \<6' day of 2006, she affixed a notice of which the annexed printed notice is a a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bid Opening: 8/3/0610:00 p.m. - Generators ~~4(4~(d)~ izabeth A. Ne Ie Southold Town Clerk LYNDA M. BOHN NOTARY PUBUC. State of New,.. No. 01 B06020932 Quallfled In Suffolk Countr_ Term Explree Marc:lI8, 20 ~ . . INVITATION TO BID PROJECT: The supply, installation and electrical connections of new emergency generator systems for the fOllowing Project Locations and/or Uses: 1. South old Town Hall (75Kw); 2. South old Town Highway Department (40Kw); 3. Human Resource Center Katinka House (40Kw); 4. Portable, Trailer Mounted (75Kw). The Town Board of the Town of Southold will receive bids for furnishing all Labor, Materials and Equipment as specified in the bid documents for the supply, installation & delivery of emergency generator systems in accordance with the Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until All specifications are provided herein: 10:00 AM, 3rd Day AUQust Month 2006. Year 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 South old decide to award a contract for one or more of the project locations listed herein, it shall be awarded to the lowest responsible bidder. The Town of South old reserves the right to waive any informality, 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: June 6. 2006 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville South old Town Clerk Supply & Installation of Emergency Generator Systems A-1 . . '\- ^ ~Q .. -d..,L RESOLUTION 2006-509 ADOPTED DOC ID: 1910 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-509 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6, 2006: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for emerl!encv I!enerators for the Southold Town Hall. Southold Hil!hwav Department. Southold Police Department and the Human Resource Center - Katinka House. in accordance with the plans and specifications prepared by James Richter, Office ofthe Town Engineer. ~_I.,a2;kl"e~L. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans