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Home My WebLink AboutStorage & Restroom Building - R. W. Tasker Memorial Park 1 0 -raider INSURANCE COMPANY ROCK HILL,NEW YORK 12775-8000 (A Stock Company) AIA Document A312 Performance Bond No. 45732 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): EAST AREA GENERAL CONTRACTORS, INC. & FRONTIER INSURANCE COMPANY MICHAEL BROIDY, INDIVIDUALLY AS AN OPEN Rock Hill, NY 12775-8000 JOINT VENTURE 823-C N. HIGHWAY, SOUTHAMPTON, NY 11968 OWNER (Name and Address): TOWN OF SOUTHOLD, NEW YORK TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NY 11971 CONSTRUCTION CONTRACT Date: Amount: $59,989.00 Description (Name and Location): TASKER PARK BUILDING. CONSTRUCTION OF CONCRETE BLOCK BUILDING TO HOUSE STORAGE AND RESTROOM FACILITIES BOND Date(Not earlier than Construction Contract Date): JANUARY 25, 1994 Amount: $59,989.00 Modifications to this Bond: KI NONE I See Paye 3 CONTRACTOR AS PRINCIPAL SURETY EAST AREA GENERAL CONTRACTORS(Corpor a Seal) FRONTIER INSURANCE COMPANY INC. / � (Corporate ea) Signature: Signatur qM9�x� Name and Title: MICHAEL BROIDY, PRESIDE T Name an Itle: ANDREA LA, Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ROBERT P. BRADY AGENCY, INC. other party): 487 NEW YORK AVENUE HUNTINGTON, NY 11743-0585 '4 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. 1 The Contractor and the Surety,jointly and severally, bind which it may be liable to the Owner and,as soon as themselves, their heirs, executors, administrators, succes- practicable after the amount is determined,tender sors and assigns to the Owner for the performance of the payment therefor to the Owner; or Construction Contract, which is incorporated herein by 2 Deny liability in whole or in part and notify the reference. Owner citing reasons therefor. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this 5 If the Surety does not proceed as provided in Paragraph 4 Bond, except to participate in conferences as provided in with reasonable promptness,the Surety shall be deemed to Subparagraph 3.1. be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety de- i If there is no Owner Default,the Surety's obligation under manding that the Surety perform its obligations under this this Bond shall arise after: Bond,and the Owner shall be entitled to enforce any remedy 3.1 The Owner has notified the Contractor and the Surety available to the Owner.If the Surety proceeds as provided in at its address described in Paragraph 10 below that the Subparagraph 4.4,and the Owner refuses the payment ten- Owner is considering declaring a Contractor Default and dered or the Surety has denied liability, in whole or in part, has requested and attempted to arrange a conference without further notice the Owner shall be entitled to enforce with the Contractor and the Surety to be held not later than any remedy available to the Owner. fifteen days after receipt of such notice to discuss me- 6 After the Owner has terminated the Contractor's right to thods of performing the Construction Contract. If the complete the Construction Contract,and if the Surety elects Owner,the Contractor and the Surety agree,the Contrac to act under Subparagraph 4.1, 4.2, or 4.3 above, then the for shall be allowed a reasonable time to perform the responsibilities of the Surety to the Owner shall not be great- Construction Contract but such an agreement shall not r th Construction Con- waive the Owner's right,if any,subsequently to declare a tract, than those of the Contractor unde e o Contractor Default;and tract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construc- 3.2 The Owner has declared a Contractor Default and tion Contract. To the limit of the amount of this Bond, but formally terminated the Contractor's right to complete the subject to commitment by the Owner of the Balance of the contract. Such Contractor Default shall not be declared Contract Price to mitigation of costs and damages on the earlier than twenty days after the Contractor and the Construction Contract,the Surety is obligated without dupli- Surety have received notice as provided in Subparagraph cation for: 3.1;and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the balance of the of defective work and completion of the Construction p Contract Price to the Surety in accordance with the terms Contract; of the Construction Contract or to a contractor selected to 6.2 Additional legal,design professional and delay costs perform the Construction Contract in accordance with the resulting from the Contractor's Default,and resulting from terms of the contract with the Owner. the actions or failure to act of the Surety under Paragraph 4 When the Owner has satisfied the conditions of Paragraph 4; and 3,the Surety shall promptly and at the Surety's expense take 6.3 Liquidated damages,or if no liquidated damages are one of the following actions: specified in the Construction Contract, actual damages 4.1 Arrange for the Contractor, with consent of the caused by delayed performance or non-performance of Owner,to perform and complete the Construction Con- the Contractor. tract;or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construction obligations of the Contractor that are unrelated to the Con- Contract itself,through its agents orthrough independent struction Contract, and the Balance of the Contract Price contractors:or shall not be reduced or set off on account of any such 4.3 Gotain bids or negotiated proposals from qualified unrelated obligations.No right of action shall accrue on this contractors acceptable to the Owner for a contract for Bond to any person or entity other than the Owner or its heirs, performancq and completion of the Construction Con- executors,administrators or successors. tract,arrange for a contract to be prepared for execution 8 The Surety hereby waives notice of any change,including by the Owner and the contractor selected with the changes of time, to the Construction Contract or to related Owner's concurrence, to be secured with performance subcontracts, purchase orders and other obligations. and payment bonds executed by a qualified surety equi- valent to the bonds issued on the Construction Contract, 9 Any proceeding, legal or equitable, under this Bond may and pay to the Owner the amount of damages as de- be instituted in any court of competent jurisdiction in the scribed in Paragraph 6 in excess of the Balance of the location in which the work or part of the work is located and Contract Price incurred by the Owner resulting from the shall be instituted within two years after Contractor Default or Contractor's default; or within two years after the Contractor ceased working or 4.4 Waive its right to perform and complete, arrange for within two years after the Surety refuses or fails to perform its completion,or obtain a new contractor and with reasons- obligations under this Bond, whichever occurs first. If the co copromptness under the circumstances: provisions of this Paragraph are void or prohibited by law, ble the minimum period of limitation available to sureties as a .1 After investigation, determine the amount for defense in the jurisdiction of the suit shall be applicable. I. i PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BYTHEFRONTIER A312-1984 2 INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1194A(11/93) i 1 INSURANCE COMPANY ROCK HILL,NEW YORK 12775-8000 (A Stock Company) ) AIA Document A312 Payment Bond 45732 No. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): r EAST AREA GENERAL CONTRACTORS, INC. & FRONTIER INSURANCE COMPANY MICHAEL BROIDY, INDIVIDUALLY AS AN OPEN Rock Hill, NY 12775-8000 JOINT VENTURE 823-C N. HIGHWAY, SOUTHAMPTON, NY 11968 OWNER (Name and Address TOWN OF SOUTHOLD, NEW iORK TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NY 11971 CONSTRUCTION CONTRACT Date: Amount: $59,989.00 Description Name and Location): TASKER PARK BUILDING. CONSTRUCTION OF CONCRETE BLOCK BUILDING TO HOUSE STORAGE AND RESTROOM FACILITIES BOND Date(Not earlier than Construction Contract Date): JANUARY 25, 1994 Amount: $59,989.00 Modifications to this Bond: L NONE ❑ See Pagel R9YT TiRWLR'R%CTORS SURETY INC. (Corpor a Seal) FRONTIER IN ANCE COMP c (Corporate eal) Signature: Signature Name and Title: MICHAEL BROIDY, PRE DENT Name and Ile: ' Attorney-in-Fact (Any additional signatures appear on page (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ROBERT P. BRADY AGENCY, INC. other party): 487 NEW YORK AVENUE HUNTINGTON, NY 11743-0585 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER A312-1984 4 INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. i FM 19-1195A(11/93) I 10 Notice to the Surety,the Owner or the Contractor shall be amounts received or to be received by the Owner in mailed or delivered to the address shown on the signature settlement of insurance or other claims for damages to page. which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor 11 When this Bond has been furnished to comply with a under the Construction Contract. statutory or other legal requirement in the location wherethe construction was to be performed,any provision in this Bond 12.2 Construction Contract:The agreement between the conflicting with said statutory or legal requirement shall be Owner and the Contractor identified on the signature deemed deleted herefrom and provisions conforming to page, including all Contract Documents and changes such statutory or other legal requirement shall be deemed thereto. incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law 12.3 Contractor Default:Failure of the Contractor,which bond. has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction 12 DEFINITIONS Contract. 12.1 Balance of the Contract Price: The total amount 12.4 Owner Default: Failure of the Owner, which has payable by the Owner to the Contractor under the Con- neither been remedied nor waived,to pay the Contractor struction Contract after all proper adjustments have been as required by the Construction Contract or to perform made, including allowance to the Contractor of any and complete or comply with the terms thereof. K MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Y 4r Nt I. } (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) Signature: Signature: Name and Title: MICHA L BROIDY, INDIVIDUALLY Name and Title: Address: Address: Countersigning Agent k' PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 3 GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. i FM 19-1194A(11/93) w-7357-11/93-3M ;Iran tier INSURANCE COMPANY ROCK HILL,NEW YORK (A Stock Company) P R I N C I P A L 'S A C K N O W L E D G M E N T INDIVIDUAL VERIFICATION State of NEW YORK County of J`\ l5T On this day of _T►iwc '` ,in the year 19�t before me personally came i MICHAEL BROIDY to me known,and known to me to be the person(s)who is (are)described in and who executed the foregoing instrument,and acknowledges t me that he(they executed the same. (Signature and title of official takin acknowledgment) PARTNERSHIP VERIFICATION State of County of On this day of in the year 19—before me personally came to me known,and known to me to be the person who is described in and who executed the foregoing instrument,and acknowledges to me that he executed the same,as and for the act and deed of the said co-partnership. (Signature and title of official taking acknowledgment) '$ li CORPORATE VERIFICATION 6-1 State of NEW YORK County of 5 ' On this ' day of r' "a_,r-c_ ,in the year 191—Cf-before me personally came MICHAEL BROIDY to me known,who,being by me duly sworn,deposes and says that he resides in the City of SvJ a.vtti4e"el that he is the PRESIDENT of the EAST AREA GENERAL CONTRACTORS, INCfhe corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that is was so affixed by the order of the Board of Directors of said corporat' n, tha a sign name the by like order. (Signature and ti of official taking nowledgment) SURETY COMPANY ACKNOWLEDGMENT State of NEW YORK County of SULLIVAN On this 25th day of JANUARY ,in the year 19-14-before me personally came - A1dI)REA AMN.ENDOLA to me known to be the individual described in and who executed the foregoing instrument and to be the Attorney-in-Fact of FRONTIER INSURANCE COMPANY,which is to me known to be the corporation described in the foregoing instrument, and which, by its said Attorney-in-Fact executed the same, and said Attorney-in-Fact duly acknowledged to me that he knows the Seal of said Corporation;that the Seal affixed to said instrument is such of the Board of Directors of said Corporation;and that he executed the said instrument as Corporate Seal;that it was so affixed by order the act and deed of said FRONTIER INSURANCE COMPANY therein described and for the uses and purposes therein mentioned,by virtue of a certain power of attorney executed by said FRONTIER INSURANCE COMPANY dated MAY 31, 1989 ,which said power has never been revoked and is still in full force and effect and that the said corporation has received from the Superintendent of Insurance of the State of New York a certificate of solvency and of its sufficiency as surety or guarantor under Section 327,Chapter 882 of the La sof 1939,being Chapter 28 of the Consolidated,Laves-of New York-for the year 1939,and that such certificatio as not been revo ed. Y 4 J Notary Public FM 19-5004(12/13) d e �",i i, ;w1ranberINSURANCE O COMPANY Rock Hill,New York 12775-8000 Financial Statement as of December 31, 1992 I certify that the below listed officers were duly elected by the Board of Directors of Frontier Insurance Company and continue to hold the office set opposite their names. OFFICERS WALTER A.RHULEN ......................................President CHARLES R.SPITZER................................ Vice President JOSEPH P.LOUGHLIN ....................................Secretary DAVID E.CAMPBELL ................................ Vice President DENNIS F.PLANTE .......................................Treasurer HARRY W.RHULEN.................................. Vice President PETER L.RHULEN................................... Vice President JILL GOLD .......................................... Vice President JESSE M.FARROW.................................. Vice President R.LINDA MARKOVITS................................ Vice President JONATHAN M.FARROW ............................. Vice President I further certify that the following Financial Statement of the Company is true,as taken from the books of the Company as of December 31,1992: ASSETS LIABILITIES AND POLICYHOLDER'S SURPLUS Bonds............................................... $208,425,674 Losses .............................................. 153,232,344 Preferred stocks ..................................... 24,344,117 Loss adjustment expenses ............................ 30,436,631 Common stocks...................................... 14,204,281 Other expenses ...................................... 826,213 Short-term investments ............................... 9,384,013 Reinsurance payable on paid losses ................... 1,685,434 Cash on hand and on deposit ......................... <249,564> Taxes,licenses and fees .............................. 1,011,928 Premiums and agents'balances Unearned premiums.................................. 41,675,302 I' in course of collection .............................. 16,814,639 Funds held by Company under Premiums,agents'balances and installments Reinsurance Treaties ............................... 81,421 booked but deferred and not yet due ................. 8,624,717 Amounts withheld or retained by Company r Reinsurance recoverable on loss payments ............. 5,133,368 for account of others ............................... 48,031 is Electronic data processing equipment.................. 1,252,095 Provisions for reinsurance ........ 74,898 Aggregate write-ins for assets other than Federal and Foreign Income Taxes .................... 1,088,268 invested assets14,027,096 TOTAL LIABILITIES .............................. $230,160,471 Interest dividends and real estate income due and accrued............................ 3,853,133 Capital paid-up ...................................... 5,000,000 Real Estate .......................................... 432,337 Paid-in and contributed surplus........................ 27,520,620 Receivable from affiliates.............................. 352,961 Unassigned funds(surplus)............................ 43,917,774 TOTAL ADMITTED ASSETS....................... $306,598,865 Total policyholder's surplus ......................... 76,438,394 TOTAL LIABILITIES& POLICYHOLDER'S SURPLUS ..................... $306,598,865 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the Company this 20th day of May,1993. CORPORATE SEAL ?: 'Pop, 01; ; _¢{.. s ilea t '` - PK,YOp I WALTER A.RHULEN,President STATE OF NEW YORK COUNTY OF SULLIVAN ss.: On this 20th day of May 1993,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and thatthe resolution of the Company,referred to in the preceding instrument,is now in force;and that said Corporation has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under Section 1111 of the Insurance Law of the State of New York. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. NOTARIAL SEAL ;,Q`S �-<v %OTggyyF; 9Tj0UBLtG+° CHRISTINE I.LANE Notary Public State of New York Sullivan County Clerk's No.1996 j Commission Expires May 2,1994 F-li(5/93) w-6627a/93-2M w O INSURANCE COMPANY MONTICELLO,NEW YORK N2 _ _ 1288 -5 (A Stock Company) POWER OF ATTORNEY AilUt(tt All -Ripa 1.111 These jJYC5c1tt5: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in - Monticello,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Companyto execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: WALTER A. RHULEN GEORGE F. EBERLE LYNNE K. HUPKA MILES V. MURPHY, JR. DAVID E. CAMPBELL DAVID M. HOGAN CHRISTINE CAHILL ANDREA AMMENDOLA of ROCK HILL in the State of NEW YORK its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND($500,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. i1ly t ttttess Wherc0f, FRONTIER INSURANCE COMPANY of Monticello, New York, has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 31st day of MAY '19 89 FRONTIER INSURANCE COMPANY , P 9t `p °SEAL' D- wcz State of New York 1 W YOPt € BY: --.---- County of Sullivan ss.: WALTER A. RHULEN, President On this 31St day of MAY 19 89 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and thatthe seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. TcstttttOtttt 1LrheCelt{,I have hereunto set my hand,and affixed my official seal at Monticello.New York,the day and year above written. NOTARY s jOjjBLIrrf A Notary Public of New York •?rFDF Nei+°e My Commission Expires June 30, 1991 CERTIFICATION I,MARVIN L.TEPPER,Secretary of FRONTIER INSURANCE COMPANY of Monticello,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. _11tt 3114htr5s �1111errttf, I have hereunto set my hand and affixed the facsimile seal of the corporation t is 25th day of JANUARY ' 19 94 �j51U A,AF �4P PPoaq Co? ., o, SEAL y m 962 t yfw PSP FM 19-5002-5(6/90) MARVIN L.TEPPER, ecretary 1 The Contractor and the Surety,jointly and severally, bind 6.1 Send an answer to the Claimant, with a copy to the themselves, their heirs, executors, administrators, succes- Owner,within 45 daysafter receiptof the claim,statingthe sors and assigns to the Owner to pay for labor,materials and amounts that are undisputed and the basis for challeng- equipment furnished for use in the performance of the Con- ing any amounts that are disputed. struction Contract,which is incorporated herein by reference. 6.2 Pay or arrange for payment of any undisputed 2 With respect to the Owner,this obligation shall be null and amounts. void if the Contractor: 7 The Surety's total obligation shall not exceed the amount 2.1 Promptly makes payment,directly or indirectly,for all of this Bond,and the amount of this Bond shall be credited for sums due claimants, and any payments made in good faith by the Surety. t 2.2 Defends, indemnifies and holds harmless the Owner 8 Amounts owed by the Owner to the Contractor under the from claims, demands, liens or suits by any person or Construction Contract shall be used for the performance of entity whose claim,demand,lien or suit is for the payment the Construction Contract and to satisfy claims,if any,under for labor,materials or equipment furnished for use in the any Construction Performance Bond. By the Contractor fur- performance of the Construction Contract, provided the nishing and the Owner accepting this Bond,they agree that Owner has promptly notified the Contractor and the all funds earned by the Contractor in the performance of the Surety(at the address described in Paragraph 12)of any Construction Contract are dedicated to satisfy obligations of claims, demands, liens or suits and tendered defense of the Contractor and the Surety under this Bond,subject to the such claims,demands,liens or suits to the Contractor and Owner's priority to use the funds for the completion of the the Surety,and provided there is no Owner Default. work. 3 With respect to Claimants,this obligation shall be null and 9 The Surety shall not be liable to the Owner, Claimants or void if the Contractor promptly makes payment, directly or others for obligations of the Contractor that are unrelated to indirectly,for all sums due. the Construction Contract.The Owner shall not be liable for 4 The Surety shall have no obligation to Claimants under payment of any costs or expenses of any Claimant under this this Bond until: Bond,and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have 4.1 Claimants who are employed by or have a direct obligations to Claimants under this Bond. contract with the Contractor have given notice to the 10 The Surety hereby waives notice of any change,includ- I Surety (at the address described in Paragraph 12) and ing changes of time,to the Construction Contract orto relat- sent a copy,or notice thereof,to the Owner,stating that a ed subcontracts, purchase orders and other obligations. claim is being made underthis Bond and,with substantial accuracy,the amount of the claim. 11 No suit or action shall be commenced by a Claimant 4.2 Claimants who do not have a direct contract with the under this Bond other than in a court of competent jurisdic- tion in the location in which the work or part of the work is Contractor:. located or after the expiration of one year from the date(1)on .1 Have furnished written notice to the Contractor which the Claimant gave the notice required by Subpara- and sent a copy, or notice thereof, to the Owner, graph 4.1 or Clause 4.2(iii), or(2) on which the last labor or within 90 days after having last performed labor or service was performed by anyone or the last materials or last furnished materials or equipment included in equipment were furnished by anyone under the Construc- the claim stating, with substantial accuracy, the tion Contract,whichever of(1)or(2)first occurs.If the provi- amount of the claim and the name of the party to sions of this Paragraph are void or prohibited by law, the whom the materials were furnished or supplied or minimum period of limitation available to sureties as a de- for whom the labor was done or performed; and fense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in 12 Notice to the Surety,the Owner or the Contractor shall be part from the Contractor, or not received within 30 mailed or delivered to the address shown on the signature days of furnishing the above notice any communi- page. Actual receipt of notice by Surety, the Owner or the cation from the Contractor by which the Contractor Contractor,however accomplished,shall be sufficient com- has indicated the claim will be paid directly or indi- pliance as of the date received at the address shown on the rectly; and signature page. .3 Not having been paid within the above 30 days, 13 When this Bond has been furnished to comply with a have sent a written notice to the Surety(at the ad- dress described in Paragraph 12)and sent a copy, statutory or other legal requirement in the location wherethe or notice thereof,to the Owner,stating that a claim construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be is being made under this Bond and enclosing a deemed deleted herefrom and provisions conforming to copy of the previous written notice furnished to the Contractor. such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be 5 If a notice required by Paragraph 4 is given by the Owner construed as a statutory bond and not as a common law to the Contractor or to the Surety,that is sufficient compli- bond. ance. 14 Upon request by any person or entity appearing to be a 6 When the Claimant has satisfied the conditions of Para- potential beneficiary of this Bond, the Contractor shall graph 4, the Surety shall promptly and at the Surety's ex- promptly furnish a copy of this Bond or shall permit a copyto pense take the following actions: be made. F= r i PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER A312-1984 5 INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. W-7357-11193-3M FM 19-1195A(11/93) 15 DEFINITIONS 15.1 Claimant:An individual or entity having a direct con- maybe asserted in the jurisdiction where the labor,mate- tract with the Contractor or with a subcontractor of the rials or equipment were furnished. Contractor to furnish labor,materials or equipment for use 15.2 Construction Contract:The agreement between the in the performance of the Contract.The intent of this Bond Owner and the Contractor identified on the signature shall be to include without limitation in the terms"labor, page, including all Contract Documents and changes materials or equipment" that part of water, gas, power, thereto. light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract,architectu- 15.3 Owner Default: Failure of the Owner, which has ; ral and engineering services required for performance of neither been remedied nor waived,to pay the Contractor re the work of the Contractor and the Contractor's subcon- as required by the Construction Contract or to perform t tractors, and all other items for which a mechanic's lien and complete or comply with the other terms thereof. �j I F MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: �- �s r j Lv �I I� (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPLE SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) Signature: Signature: Name and Title: MICHAEL BROIDY, INDIVIDUALLY Name and Title: 1= Address:X23-C NO!, Address: Countersigning Agent PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 G GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1195A(11/93) JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK o ren P.O. Box 1179 t, Southold, New York 11971 REGISTRAR OF VITAL STATISTICS V� a .� Fax (516) 765-1823 MARRIAGE OFFICER 01 O Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 1994 Michael Broidy, President East Area General Contractors, Inc. 823-C North Highway Southampton, New York 11968 Dear Michael: I am in receipt of your Performance Bond and Payment Bond for the Tasker Memorial Park Project, therefore, I am returning herewith your Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure 44 HIM 961M 9111111 HE RL O ;AWrJJJ1t1 r INSURANCE COMPANY ROCK HILL,NEW YORK (A Stock Company) Bond No. 45369-28 BID BOND The American Institute of Architects AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we EAST AREA GENERAL CONTRACTORS, INC. & MICHAEL BROIDY, INDIVIDUALLY, AS AN OPEN JOINT VENTURE, 823-C N. HWY, SOUTHAMPTON, NY 11968 as Principal,and Frontier Insurance Company,Rock Hill,New York 12775,a corporation duly organized underthe laws of the State of New York as Suret , areheld and firm) bound unto TOWN OF SOUTHOLD Town Hall , 53095 Main Road, Southold, NY 17971 as Obligee, in the sum of 5% of the amount bid, not to exceed $175,000.00 and the penalty of this bond shall not exceed $8,750.00 Dollars ($-----------------------), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Tasker Park Building. Construction of concrete block building to house storage and restroom facilities. 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 Obligeethe difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of December 19 93 EAST AREA GENERAL CONTRACTOR BY Michae Bro dy, Individually Michael Broidy (Title) President FRONTIER INSURANCE COMPANY (Surety) (SEAL) . BY.CKri sti ne Cahi 11 Attorney-In-Fact FM 19-1187(4/93) Wa030-9/93-4M -randier INSURANCE COMPANY Rock Hill,New York 12775-8000/Telephone(914)796-2100 (A Sto--X C—wy) PRINCIPAL 'S ACKNOWLEDGMENT INDIVIDUAL VERIFICATION State of County of On this day of in the year 19 before me personally came Michael Broidy to me known,and known to me to be the person(s)who is (are)described in and who executed the foregoing instrument and acknowledges to me Stat he(they)executed the same. (Signature and We of official taking acknowledgment) PARTNERSHIP VERIFICATION State of County of On this day of in the year 19 before me personally came _to me known,and known to me to be the person who is described in and who executed the foregoing instrument and acknowledges to me that he executed the same,as and for the act and deed of the said co-partnership. (Signature and title of official taking acknowledgment) CORPORATE VERIFICATION State of County of On this day of in the year 19 before me personally came Michael Broidy to me known,who, being by me duly sworn,deposes and says that he resides in the City of _ that he is the President of the East Area General Contractors, Inc. the corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that is was so affixed by the order of the Board of Directors of saidco�tion,and that he signed his name thereto by like order. (Signature and title of official taking acknowledgment) SURETY COMPANY ACKNOWLEDGMENT State of New York County of Sullivan On this 15th day of December in the year 19--Ll—before me personally came Christine Cahill to me known to be the individual described in and who executed the foregoing instrument and to be the Attorney-in-Fact of FRONTIER INSURANCE COMPANY,which is to me known to be the corporation described in the foregoing instrument and which, by its said Attorney-in-Fact executed the same, and said Attorney-in-Fact duly acknowledged to me that he knows the Seal of said Corporation:that the Seal affixed to said instrument is such Corporate Seal:that it was so affixed by order of the Board of Directors of said Corporation;and that he executed the said instrument as the act and deed of said FRONTIER INSURANCE COMPANY therein described and for the uses and purposes therein mentioned,by virtue of a certain power of attorney executed by said FRONTIER INSURANCE COMPANY dated May 31 , 1989 ,which said power has never been revoked and is still in full force and effect:and that the saidcorporation has received from the Superintendent of Insuranceof the State of New York a certificate of solvency and of its sufficiency as surety or guarantor under Sectic,-327,Chapter 882 of the La of 19 ,being Chapter 28 of the Consolidated Laws of New YorkIdt fhif y`eara'1`939,and that such certificatioTas not been revok FM 19-5004(11/85) (,11J�;bii �in Ora :ae%c+..rs1y wL'i}2i, I3 Notary Public �an��er INSURANCE COMPANY MONTICELLO,NEW YORK !� (A Stock Company) _ 126 -5 POWER OF ATTORNEY tfautu all � �Mt 11117 Tltrsr j1rrSc11t5: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Monticello,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business: "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Walter A. Rhul en George F. Eberle Lynne K. Hupka David M. Hogan David E. Campbell Andrea Ammendola Christine Cahill of Rock Hill ,in the State of New York its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies:and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND($500,000.00) DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorneys)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. '1121 lVittives 311herr0f, FRONTIER INSURANCE COMPANY of Monticello, New York, has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 31st day of May 19 89 FRONTIER INSURANCE COMPANY \aSU P A lvC�".,,, p SEAL s State of New York LL 1FR9rOP! BY: County of Sullivan ss.: WALTER A. RHULEN,President On this 31st day of May 19 89 before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument. is now in force. ��11 �r5tinutttu�11hrrCu{,I have hereunto set my hand,and affixed my official seal at Monticello.New York,the day and year above written ;,.,,`NDA M�H�•',, ��/{/t /I NOTggy s AUBUG er A Notary Public of New York OF My Commission Expires June 30. 1991 CERTIFICATION I,MARVIN L.TEPPER,Secretary of FRONTIER INSURANCE COMPANY of Monticello,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. -1111 111it11V55 111herrof, I have hereunto set my hand and affixed the facsimile seal of the corporation_t is 15th day of December '19 93 ,S�AAN.... �P POR O fz P 4 SEAL fW rOP FM 19-5002-5(6/90) MARVIN L EPPER, ecretary 3 • • O ;rantVINSURANCE COMPANY Rock Hill,New York 12775-8000 Financial Statement as of December 31, 1992 1 certify that the below listed officers were duly elected by the Board of Directors of Frontier Insurance Company and continue to hold the office set opposite their names. OFFICERS WALTER A.RHULEN ......................................President CHARLES R.SPITZER................................ Vice President JOSEPH P.LOUGHLIN ....................................Secretary DAVID E.CAMPBELL ................................ Vice President DENNIS F.PLANTE .......................................Treasurer HARRY W.RHULEN.................................. Vice President PETER L.RHULEN................................... Vice President JILL GOLD .......................................... Vice President JESSE M.FARROW.................................. Vice President R.LINDA MARKOVITS................................ Vice President JONATHAN M.FARROW ............................. Vice President I further certify that the following Financial Statement of the Company is true,as taken from the books of the Company as of December 31, 1992: ASSETS LIABILITIES AND POLICYHOLDER'S SURPLUS Bonds............................................... $208,425,674 Losses .............................................. 153.232,344 Preferred stocks ..................................... 24,344,117 Loss adjustment expenses ............................ 30,436,631 Common stocks...................................... 14,204,281 Other expenses v..................................... 826,213 Short-term investments ............................... 9,384,013 Reinsurance payable on paid losses ................... 1,685,434 Cash on hand and on deposit ......................... <249,564> Taxes,licenses and fees .............................. 1,011,928 Premiums and agents'balances Unearned premiums.................................. 41,675,302 in course of collection .............................. 16,814,639 Funds held by Company under Premiums,agents'balances and installments Reinsurance Treaties ............................... 81,421 booked but deferred and not yet due ................. 8,624,717 Amounts withheld or retained by Company Reinsurance recoverable on loss payments ............. 5,133,368 for account of others ............................... 48,031 Electronic data processing equipment.................. 1,252,095 Provisions for reinsurance ............................ 74,898 Aggregate write-ins for assets other than Federal and Foreign Income Taxes .................... 1,088,268 invested assets .................................... 14,027,096 Interest dividends and real estate TOTAL LIABILITIES .............................. $230,160,471 income due and accrued............................ 3,853,133 Capital paid-up ...................................... 5,000,000 Real Estate .......................................... 432,337 Paid-in and contributed surplus........................ 27,520,620 Receivable from affiliates.............................. 352,961 Unassigned funds(surplus)............................ 43,917,774 TOTAL ADMITTED ASSETS....................... $306,598,865 Total policyholder's surplus ......................... 76,438,394 TOTAL LIABILITIES& POLICYHOLDER'S SURPLUS ..................... $306,598,865 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the Company this 20th day of May, 1993. CORPORATE SEAL ;�?: on �o eo SEAL 's= Fwrop WALTER A.RHULEN,President STATE OF NEW YORK COUNTY OF SULLIVAN ss.: On this 20th day of May 1993,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and thatthe resolution of the Company,referred to in the preceding instrument,is now in force;and that said Corporation has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under Section 1111 of the Insurance Law of the State of New York. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. NOTARIAL SEAL ,Ue�st'`NE;�N�+y� Pu t BL G e= CHRISTINE I.LANE Notary Public State of New York Sullivan County Clerk's No.1996 Commission Expires May 2,1994 F-B/FS(5/93) w-6627-7/93-2M -rantier INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (A Stock Company) AIA Document A312 Performance Bond No. 45732 _ Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): EAST AREA GENERAL CONTRACTORS, INC. & FRONTIER INSURANCE COMPANY MICHAEL BROIDY, INDIVIDUALLY AS AN OPEN Rock Hill, NY 12775-8000 JOINT VENTURE 823-C N. HIGHWAY, SOUTHAMPTON, NY 11968 OWNER (Name and Address): TOWN OF SOUTHOLD, NEW YORK TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NY 11971 CONSTRUCTION CONTRACT Date: Amount.- $59,989.00 Description (Name and Location): TASKER PARK BUILDING. CONSTRUCTION OF CONCRETE BLOCK BUILDING TO HOUSE STORAGE AND RESTROOM FACILITIES BOND Date(Not earlier than Construction Contract Date): JANUARY 25, 1994 Amount: $59,989.00 Modifications to this Bond M NOIVE 0 See Paye 3 CONTRACTOR AS PRINCIPAL SURETY EAST AREA GENERAL CONTRACTORS(Corpor e Seal) FRONTIER INSURANCE COMPANY INC. (Corporaaitle.) Signature: SignaturName and Title: MICHAEL BROIDY, PRESIDE TT NameanANDREA LA, (Any additional signatures appear on page 3) Attorney-in-Fact trsr (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ROBERT P. BRADY AGENCY, INC. other party): 487 NEW YORK AVENUE HUNTINGTON, NY 11743-0585 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 1 GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1194A 01/93) W-7357-11/93-3M • 1 The Contractor and the Su ety,jointly and severally, bind which it may be liable to the Owner and,as.soon as themselves, their heir: exec tors, administrators, succes- practicable after the amount is determined, tender sors and assigns to the Ow er for the performance of the payment therefor to the Owner;or Construction Contract, whi h is incorporated herein by 2 Deny liability in whole or in part and notify the reference. Owner citing reasons therefor. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this 5 If the Surety does not proceed as provided in Paragraph 4 Bond, except to participate in conferences as provided i.n with reasonable promptness,the Surety shall be deemed to Subparagraph 3.1. be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety de- 3 If there is no Owner Defaul�,the Surety's obligation under manding that the Surety perform its obligations under this this Bond shall arise after: Bond,and the Owner shall be entitled to enforce any remedy 3.1 The Owner has notifie the Contractor and the Surety available to the Owner.If the Surety proceeds as provided in at its address described in Paragraph 10 below that the Subparagraph 4.4,and the Owner refuses the payment ten- Owner is considering declaring a Contractor Default and dered or the Surety has denied liability, in whole or in part, has requested and attempted to arrange a conference without further notice the Owner shall be entitled to enforce with the Contractor and the Surety to be held not later than any remedy available to the Owner. fifteen days after resceiptf such notice to discuss me- 6 After the Owner has terminated the Contractor's right to thods of performing the Construction Contract. If the complete the Construction Contract,and if the Surety elects Owner,the Contractor and :he Surety agree,the Contrac- to act under Subparagraph 4.1, 4.2, or 4.3 above, then the for shall be allowed a re sonable time to perform the responsibilities of the Surety to the Owner shall not be great- Construction Contract, but such an agreement shall not er than those of the Contractor under the Construction Con- waive the Owner's eight,if any,subsequently to declare a tract,and the responsibilities of the Owner to the Surety shall Contractor Default; and not be greater than those of the Owner under the Construc- 3.2 The Owner has declared a Contractor Default and tion Contract. To the limit of the amount of this Bond, but formally terminated the Contractor's right to complete the subject to commitment by the Owner of the Balance of the contract. Such Contractor Default shall not be declared Contract Price to mitigation of costs and damages on the earlier than twent�r days after the Contractor and the Construction Contract,the Surety is obligated without dupli- Surety have received notice as provided in Subparagraph cation for: 3.1; and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the balance of the of defective work and completion of the Construction Contract Price to the Surely in accordance with the terms Contract; of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the res Additional legal,design professional and delay costs terms of the contra�t with he Owner. resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Paragraph 4 When the Owner has satisfied the conditions of Paragraph 4;and 3,the Surety shall promptly and at the Surety's expense take one of the following actions: specified Liquidated damages,or if no liquidated damages are specified in the Construction Contract, actual damages 4.1 Arrange for the Co tractor, with consent of the caused by delayed performance or non-perforrrance of Owner,to perform and complete the Construction Con- the Contractor. tract;or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construction obligations of the Contractor that are unrelated to the Con- Contract itself,thro igh its agents or through independent struction Contract, and the Balance of the Contract Price contractors;or shall not be reduced or set off on account of any such 4.3 Ootain bids or negotiated proposals from qualified unrelated obligations.No right of action shall accrue on this contractors,acceptable tc the Owner for a contract for Bond to any person or entity other than the Owner or;its heirs, performance and completion of the Construction Con- executors,administrators or successors. tract,arrange for a contract to be prepared for execution g The Surety hereby waives notice of any change,including by the Owner and the contractor selected with the changes of time,to the Construction Contract or to related O4vner's concurrence, to be secured with performance subcontracts, purchase orders and other obligations. and payment bond s executed by a qualified surety equi- valent\to the bonds issued on the Construction Contract, 9 Any proceeding, legal or equitable, under this Bond may and pay to the Owner the amount of damages as de- be instituted in any court of competent jurisdiction in the scribed in Paragraph 6 in excess of the Balance of the location in which the work or part of the work is located and Contract Price incurred by the Owner resulting from the shall be instituted within two years after Contractor Default or Contractor's default; or within two years after the Contractor ceased working or 4.4 Waive its right to perf rm and complete, arrange for within two years after the Surety refuses or fails to perform its completion,or obtain a ne contractor and with reasons- obligations under this Bond, whichever occurs first. If the co co promptness under the circumstances: provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a .1 After investigate n, determine the amount for defense in the jurisdiction of the suit shall be applicable. PRINTED IN COOPERATION WITH TF E AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANG JAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1954 2 GUAGE USED IN AIA DOCUMENT A 12,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1194A(11/93) INSURANCE COMPANY ROCK HILL,NEW YORK 12775-8000 (A Stock Company) AIA Document A312 Payment Bond No. 45732 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): EAST AREA GENERAL CONTRACTORS, INC. & FRONTIER INSURANCE COMPANY MICHAEL BROIDY, INDIVIDUALLY AS AN OPEN Rock Hill, NY 12775-8000 JOINT VENTURE 823-C N. HIGHWAY, SOUTHAMPTON, NY 11968 OWNER (Name and Address). TOWN OF SOUTHOLD, NEW ORK TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NY 11971 CONSTRUCTION CONTRACT Date: Amount: $59,989.00 DescriptionName and Location): TASKER PARK BUILDING. CONSTRUCTION OF CONCRETE BLOCK BUILDING TO HOUSE STORAGE AND RESTROOM FACILITIES BOND Date(Not earlier than Construction Contract Date): JANUARY 25, 1994 Amount: $59,989.00 ,�` Modifications to this Bond: I� NONE 0 Sp-6 Page 3 . E'ASTTA&NPt tWLRI�OIv'T'��CTORS SURETY ) INC. <- (corporate Seal) FRONTIER IN ANCE COMP �1 (Corporate eal) Signature: 44---k Signature Name and Title. MICHAEL BROIDY, PRE DENT Name and I le: ' W t Attorney-in-Fact Any additional signatures appear on page 61 (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ROBERT P. BRADY AGENCY, INC. other party): 487 NEW YORK AVENUE HUNTINGTON, NY 11743-0585 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 4 GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1195A(11/93) 10 Notice to the Sur ety,thE Owner or the Contractor shall be amounts received or to be received by the Owner in mailed or delivered to the address shown on the signature settlement of insurance or other claims for damages to page. which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor 11 When this Bond has teen furnished to comply with a under the Construction Contract. statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond 12.2 Construction Contract:The agreement between the conflicting with said statutory or legal requirement shall be Owner and the Contractor identified on the signature deemed deleted herefrorn and provisions conforming to page, including all Contract Documents and changes such statutory or other le al requirement shall be deemed thereto. incorporated herein. The intent is that this Bond shall be construed as a sta�:utory and and not as a common law 12.3 Contractor Default:Failure of the Contractor,which bond. has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction 12 DEFINITIONS Contract. 12.1 Balance of the C IPrice: The total amount 12.4 Owner Default: Failure of the Owner, which has payable by the C'wner t the Contractor under the Con- neither been remedied nor waived,to pay the Contractor struction Contract after II proper adjustments have been as required by the Construction Contract or to perform made, including allow nce to the Contractor of any and complete or comply with the terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 1 (Space is_pIicled bel ow for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR ASPRINCIPAL SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) Signature:: - Signature: Name and Title: MICHAA BROIDY, INDIVIDUALLY Name and Title: Address: Address: Countersigning Agent PRINTED IN COOPERATION WITF THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 3 GUAGE USED IN AIA DCCUMEN A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1194A(11/93) W-7357-11/93-3M rantiOer INSURANCE COMPANY ROCK HILL,NEW YORK (A Stock Company) PRINCIPAL 'S ACKNOWLEDGMENT INDIVIDUAL VERIFICATION c '' State of NEW YORK County of Q , — s"r On this day of fil 4VG� in the year 193Y—before me personally came MICHAEL BROIDY _ to me known,and known to me to be the person(s)who is (are)described in and who executed the foregoing instrument,and acknowledges t me that he(they executed the same. (Signature and title of official takin acknowledgment) PARTNERSHIP VERIFICATION State of County of On this day of in the year 19_, before me personally came —to me known,and known to me to be the person who is described in and who executed the foregoing instrument,and acknowledges to me that he executed the same,as and for the act and deed of the said co-partnership. (Signature and title of official taking acknowledgment) CORPORATE VERIFICATION State of NEW YORK County of ` On this , ` day of ,' `•a•e-c'L-L ,in the year 19 c before me personally came MICHAEL BROIDY _ to me known,who, being by me duly sworn,deposes and says that he resides in the City of ��'� � � ' ' that he is the PRESIDENT of the EAST AREA GENERAL CONTRACTORS, INC fie corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that is was so affixed by the order of the Board of Directors of said corpora�tha a signM sign ' name the by like order. (Signature and 919 of official taking nowledgment) SURETY COMPANY ACKNOWLEDGMENT State of NEW YORK County of SULLIVAN On this 25th day of JANUARY ,in the year 19 94 before me personally came ANDREA AMMNDOLA _ to me known to be the individual described in and who executed the foregoing instrument and to be the Attorney-in-Fact of FRONTIER INSURANCE COMPANY,which is to me known to be the corporation described in the foregoing instrument, and which, by its said Attorney-in-Fact executed the same, and said Attorney-in-Fact duly acknowledged to me that he knows the Seal of said Corporation;that the Seal affixed to said instrument is such Corporate Seal;that it was so affixed by order of the Board of Directors of said Corporation;and that he executed the said instrument as the act and deed of said FRONTIER INSURANCE COMPANY therein described and for the uses and purposes therein mentioned,by virtue of a certain power of attorney executed by said FRONTIER INSURANCE COMPANY dated MAY 31, 1989 ,which said power has never been revoked and is still in full force and effect;and that the said corporation has received from the Superintendent of Insurance of the State of New York a certificate of solvency and of its sufficiency as surety or guarantor under Section 327,Chapter 882 of the'La sof 1939,being Chapter 28 of the Consolidated,Laws-of New York for the year 1939,and that such certificatio"as not been re ed. r ' r y,a r 2 Notary Public FM 19-5004(12/93) r i ;rWAVINSURANCE COMPANY Rock Hill,New York 12775-8000 Financial Statement as of December 31, 1992 1 certify that the below listed officers were duly elected by the Board of Directors of Frontier Insurance Company and continue to hold the office set opposite their names. OFFICERS WALTER A.RHULEN ......................................President CHARLES R.SPITZER................................ Vice President JOSEPH P.LOUGHLIN ....................................Secretary DAVID E.CAMPBELL ................................ Vice President DENNIS F.PLANTE .......................................Treasurer HARRY W.RHULEN.................................. Vice President PETER L.RHULEN................................... Vice President JILL GOLD .......................................... Vice President JESSE M.FARROW.................................. Vice President R.LINDA MARKOVITS................................ Vice President JONATHAN M.FARROW ............................. Vice President I further certify that the following Financial Statement of the Company is true,as taken from the books of the Company as of December 31,1992: ASSETS LIABILITIES AND POLICYHOLDER'S SURPLUS Bonds............................................... $208,425,674 Losses .............................................. 153,232,344 Preferred stocks ..................................... 24,344,117 Loss adjustment expenses ............................ 30,436,631 Common stocks...................................... 14,204,281 Other expenses ...................................... 826,213 Short-term investments ............................... 9,384,013 Reinsurance payable on paid losses ................... 1,685,434 Cash on hand and on deposit ......................... <249,564> Taxes,licenses and fees .............................. 1,011,928 Premiums and agents'balances Unearned premiums.................................. 41,675,302 in course of collection .............................. 16,814,639 Funds held by Company under Premiums,agents'balances and installments Reinsurance Treaties ............................... 81,421 booked but deferred and not yet due ................. 8,624,717 Amounts withheld or retained by Company Reinsurance recoverable on loss payments ............. 5,133,368 for account of others ............................... 48,031 Electronic data processing equipment.................. 1,252,095 Provisions for reinsurance ............................ 74,898 Aggregate write-ins for assets other than Federal and Foreign Income Taxes .................... 1,088,268 invested assets .................................... 14,027,096 TOTAL LIABILITIES .............................. $230,160,471 Interest dividends and real estate income due and accrued............................ 3,853,133 Capital paid-up ...................................... 5,000,000 Real Estate .......................................... 432,337 Paid-in and contributed surplus........................ 27,520,620 Receivable from affiliates.............................. 352,961 Unassigned funds(surplus)............................ 43,917,774 TOTAL ADMITTED ASSETS....................... $306,598,865 Total policyholder's surplus ......................... 76,438,394 TOTAL LIABILITIES& POLICYHOLDER'S SURPLUS ..................... $306,598,865 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the Company this 20th day of May,1993. CORPORATE SEAL 0q,peq°Fo : =z: u sEAL'� EO' iaaa 'sE WALTER A.RHULEN,President STATE OF NEW YORK COUNTY OF SULLIVAN ss.: On this 20th day of May 1993,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument,is now in force;and that said Corporation has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under Section 1111 of the Insurance Law of the State of New York. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. NOTARIAL SEAL u N0TA111 CHRISTINE I.LANE Notary Public State of New York Sullivan County Clerk's No.1996 Commission Expires May 2,1994 F-B/FS(5/93) w-6627-7/93-2M O �ra/�tle/' INSURANCE COMPANY MONTICELLO,NEW YORK J e —5 (A Stock Company) POWER OF ATTORNEY ttltitll all Rich !,,it Tlm5c �_irCSCtttS- That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Monticello,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November. 1985: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Factto represent and actfor and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business: "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof: "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: WALTER A. RHULEN GEORGE F. EBERLE LYNNE K. HUPKA MILES V. MURPHY, JR. DAVID E. CAMPBELL DAVID M. HOGAN CHRISTINE CAHILL ANDREA AMMENDOLA of ROCK HILL ,in the State of NEW YORK its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND($500,000.00)DOLLARS:and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. flu 17it2trss lirhert•11f, FRONTIER INSURANCE COMPANY of Monticello, New York, has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 31st day of MAY 19 89 FRONTIER INSURANCE COMPANY ' ��SURANCP�P ,,yOn CO P <r o S", .0 i= State of New York FW °P WALTER A. RHULEN.President County of Sullivan ss.: On this 31St day of MAY 19 89 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein, and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company.and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation.and thatthe resolution of the Company.referred to in the preceding instrument, is now in force. Y11 1111(l•Stillllililt lir(icrCltf,I have hereunto set my hand,and affixed my official seal at Monticello.New York,the day and year above written. MO,y"',., NOTARY ---. -,N pUBL%r-ek A Notary Public of New York '9lEOF Nev �' My Commission Expires June 30, 1991 CERTIFICATION 1,MARVIN L.TEPPER,Secretary of FRONTIER INSURANCE COMPANY of Monticello,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. ��u1liturss 11lhrrcuf, I have hereunto set my hand and affixed the facsimile seal of the coOL. f is 25th day of 1 19 ...,,uR A l........", JANUARY 94 s F r dWP von °o`; m P 1� 'o 1962 fW vOP FM 19-5002-5(6/90) MARPER, ecretary 3 1 ' 1 The Contractor and the Surety,jointly and severally, bind 6.1 Send an answer to the Claimant, with a copy to the themselves, their heirs, executors, administrators, succes- Owner,within 45 days after receiptof the claim,stating the sors and assigns to the Owner to pay for labor,materials and amounts that are undisputed and the basis for challeng- equipment furnished for use in the performance of the Con- ing any amounts that are disputed. struction Contract,which is incorporated herein by reference. 6.2 Pay or arrange for payment of any undisputed 2 With respect to the Owner,this obligation shall be null and amounts. void if the Contractor: 7 The Surety's tot-,,I .obligation shall not exceed the amount 2.1 Promptly makes payment,directly or indirectly,for all of this Bond,and tl)e amount of this Bond shall be credited for sums due claimants, and any payments made in good faith by the Surety. 2.2 Defends, indemnifies and holds harmless the Owner 8 Amounts owed by the Owner to the Contractor under the from claims, demands, liens or suits by any person or Construction Contract shall be used for the performance of entity whose claim,demand,lien or suit is for the payment the Construction Contract and to satisfy claims,if any,under for labor,materials or equipment furnished for use in the any Construction Performance Bond. By the Contractor fur- performance of the Construction Contract, provided the nishing and the Owner accepting this Bond,they agree that Owner has promptly notified the Contractor and the all funds earned by the Contractor in the performance of the Surety(at the address described in Paragraph 12)of any Construction Contract are dedicated to satisfy obligations of claims,demands, liens or suits and tendered defense of the Contractor and the Surety under this Bond,subject to the such claims,demands,liens or suits to the Contractor and Owner's priority to use the funds for the completion of the the Surety,and provided there is no Owner Default. work. 3 With respect to Claimants,this obligation shall be null and 9 The Surety shall not be liable to the Owner, Claimants or void if the Contractor promptly makes payment, directly or others for obligations of the Contractor that are unrelated to indirectly,for all sums due. the Construction Contract.The Owner shall not be liable for 4 The Surety shall have no obligation to Claimants under payment of any costs or expenses of any Claimant underthis this Bond until: Bond,and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have 4.1 Claimants who are employed by or have a direct obligations to Claimants under this Bond. contract with the Contractor have given notice to the 10 The Surety hereby waives notice of any change,includ- Surety (at the address described in Paragraph 12) and ing Changes of time,to the Construction Contract or to relat- sent a copy,or notice thereof,to the Owner,stating that a ed subcontracts, purchase orders and other obligations. claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 11 IVo suit or action shall be commenced by a Claimant 4.2 Claimants who do not have a direct contract with the under this Bond other than in a court of competent jurisdic- Contractor: tion in the location in which the work or part of the work is located or after the expiration of one year from the date(1)on .1 Have furnished written notice to the Contractor which the Claimant gave the notice required by Subpara- and sent a copy, or notice thereof, to the Owner, graph 4.1 or Clause 4.2 (iii), or(2) on which the last labor or within 90 days after having last performed labor or service was performed by anyone or the last materials or last furnished materials or equipment included in equiipment were furnished by anyone under the Construc- the claim stating, with substantial accuracy, the tion Contract,whichever of(1)or(2)first occurs.If the provi- amount of the claim and the name of the party to sions of this Paragraph are void or prohibited by law, the whom the materials were furnished or supplied or minimum period of limitation available to sureties as a de- for whom the labor was done or performed; and fense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in 12 Notice to the Surety,the Owner or the Contractor shall be part from the Contractor, or not received within 30 mailed or delivered to the address shown on the signature days of furnishing the above notice any communi- page. Actual receipt of notice by Surety, the Owner or the cation from the Contractor by which the Contractor Contractor, however accomplished,shall be sufficient com- has indicated the claim will be paid directly or indi- pliance as of the date received at the address shown on the rectly;and signature page. .3 Not having been paid within the above 30 days, have sent a written notice to the Surety(at the ad- 13 When this Bond has been furnished to comply with a dress described in Paragraph 12)and sent a copy, statutory or other legal requirement in the location where the or notice thereof,n the Owner,stating that a claim construction was to be performed,any provision in this Bond is being made under this Bond and enclosing a conflicting with said statutory or legal requirement shall be copy of the previous written notice furnished to the deemed deleted herefrorn and provisions conforming to Contractor. such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be 5 If a notice required by Paragraph 4 is given by the Owner construed as a statutory bond and not as a common law to the Contractor or to the Surety, that is sufficient compli- bond. ance. 14 Upon request by any person or entity appearing to be a 6 When the Claimant has satisfied the conditions of Para- potential beneficiary of this Bond, the Contractor shall graph 4, the Surety shall promptly and at the Surety's ex- promptly furnish a copy of this Bond or shall permit a copy to pense take the following actions: be made. PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS(AIA)BY THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 5 GUAGE USED IN AIA DOCUMENT A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1195A(11/93) W-7357-11/93-3M III' • • , 15 DEFINITION: 15.1 Claiman::An inividual or entity having a direct con- may be asserted in the jurisdiction where the labor,mate- tract with the Contractor or with a subcontractor of the rials or equipment were furnished. Contractor to furnish Tabor,materials or equipment for use 15.2 Construction Contract:The agreement between the in the performance of,the Contract.The intent of this Bond Owner and the Contractor identified on the signature shall be to include w�ithout limitation in the terms"labor, page, including all Contract Documents and changes materials or equipment" that part of water, gas, power, thereto. light, heat, oil, gas line, telephone service or rental equipment usedin th Construction Contract,architectu- 15.3 Owner Default: Failure of the Owner, which has ral and engineering services required for performance of neither been remedied nor waived,to pay the Contractor the work of the Contr ctor and the Contractor's subcon- as required by the Construction Contract or to perform tractors, and all other items for which a mechanic's lien and complete or comply with the other terms thereof. MODIFICATIONS TOT IS BOND ARE AS FOLLOWS: (Space is provided bellow for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPLE SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) r Signature.� _ Signature: Name and Title: MICHAEL BROIDY, INDIVIDUALLY Name and Title: Address: 2�,._C 04r-AAA Address: rtRtb-Z Countersigning Agent PRINTED IN COOPERATION WI HTHEAMERICANINSTITUTEOFARCHITECTS(AIA)BYTHEFRONTIER INSURANCE COMPAr`Y.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 6 GUAGE USED IN AIA IIOCUME T A312,DECEMBER,1984 EDITION,THIRD PRINTING,MARCH,1987. FM 19-1195A(11/93) THIS AGREEMENT made this 11th day of January, 1994 between the TOWN OF SOUTHOLD, a municipal corporation of the State of the New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and East Area General Contractors Inc. , having its principal place of business at 823-C North Highway, Southampton, New York, 11968, hereinafter called the "Contractor" . WHEREAS, the Town did heretofore advertise for bids for the construction of a concrete block building, at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York as appeared in the Notice to Bidders herein annexed and made a part hereof, and WHEREAS, the contractor submitted a bid for the construction of a concrete block building at the Robert W. Tasker Memorial Park an the amount of $59,989. and WHEREAS, the Town Board of the Town of Southold accepted the bid of the contractor by resolution duly adopted on the 11th day of January, 1994. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1 . The contractor does hereby agree to construct a concrete block building at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York, all in accordance with the plans and contractor' s proposal, all of which are annexed hereto and made part hereof. 2 . The Town does hereby agree to pay the contractor for the work, the total sum of $59 ,989. which said sum is to be paid to the contractor upon completion of the said work and the acceptance by the Town. 3 . It is hereby understood and agreed by and between the parties hereto that the performance of the work provided for herein are provided by the Federal Government under the Community Development Block Grant Program and that, accordingly, the contractor does hereby agree to comply with all of the requirements being annexed hereto and made part hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of So hold by Thoma H. Wickham Supervisor East Area General Contractor: Inc. by A?� Z . Michael Broidy, Preside tKC�� o �► JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK v P.O. Box 1179 to Southold, New York 11971 REGISTRAR OF VITAL STATISTICSVv`� Fax (516) 765-1823 MARRIAGE OFFICERRECORDS MANAGEMENT OFFICER ��01 O Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1994 Michael Broidy, president East Area General Contractors, Inc. 823-C North Highway Southampton, New York 11968 Dear Michael: The Southold Town Board, at a regular meeting held on January 11 , 1994, accepted your bid in the amount of $59,989.00 for construction of a concrete block building to house storage and restroom facilities at the Tasker Park, Peconic Lane, Peconic. I am enclosing herewith two (2) copies of the agreement, executed by Supervisor Wickham. Please sign both copies and return one (1 ) to me along with your Performance Bond. Upon receipt of the Performance Bond and the executed agreement, your 5% Bid Bond will be returned to you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: J . McMahon THIS AGREEMENT made this 11th day of January, 1994 between the TOWN OF SOUTHOLD, a municipal corporation of the State of the New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and East Area General Contractors Inc. , having its principal place of business at 823-C North Highway, Southampton, New York, 11968, hereinafter called the "Contractor" . WHEREAS, the Town did heretofore advertise for bids for the construction of a concrete block building, at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York as appeared in the Notice to Bidders herein annexed and made a part hereof, and WHEREAS, the contractor submitted a bid for the construction of a concrete block building at the Robert W. Tasker Memorial Park an the amount of $59,989. and WHEREAS, the Town Board of the Town of Southold accepted the bid of the contractor by resolution duly adopted on the 11th day of January, 1994. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1 . The contractor does hereby agree to construct a concrete block building at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York, all in accordance with the plans and contractor' s proposal, all of: which are annexed hereto and made part hereof . 2 . The Town does hereby agree to pay the contractor for the work, the total sum of $59,989. which said sum is to be paid to the contractor upon completion of the said work and the acceptance by the Town. 3 . It is hereby understood and agreed by and between the parties hereto that the performance of the work provided for herein are provided by the Federal Government under the Coriununity Development Block Grant Program and that, accordingly, the contractor does hereby agree to comply with all of the requirements being annexed hereto and made part hereof . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of uthold by Thomas H. Wickham Supervisor East Area General Contractors Inc. by Michael Broidy, President o JUDITH T. TERRY ;'c Town Hall, 53095 Main Road TOWN CLERK p rZ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS -IF Southold, New York 11971 MARRIAGE OFFICER ` a Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER �v��lo! �vO� Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 11, 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East Area General Contractors, Inc. , Southampton, N.Y. , in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic„ N .Y. , all in accordance with the bid specifications, and be it FURTHER RESOLVED that the Town Board authorizes and directs Supervisor Thomas Wickham to execute a contract between the Town and East Area General Contractors, Inc. for the aforesaid project. Judith T. Terry Southold Town Clerk January 12, 1994 JUDITH T. TERRY Town Hail, 53095 Main Road �.._ ,� P.O. Box 1179 TOWN CLERK t Southold, New York 11971 7. REGISTRAR OF VITAL STATISTICS ra "# Fax (516) 765-1823 MARRIAGE OFFICER i� y '�• . Telephone (516) 765 1801 RECORDS MANAGEMENT OFFICER - FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1994 Construction Consultants L.I . , Inc. 125A Broadway Port Jefferson, New York 11777 Gentlemen: The Southold Town Board, at a regular meeting held on January 11 , 1994, accepted the bid of East Area General Contractors, Inc. , Southampton, N.Y. , in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y. , all in accordance with the bid specifications. Thank you for submitting your bid for this project. Returned herewith is your Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Bond No. 000150WW BID BOND KNOW ALL MEN BY THESE PRESENTS, that we CONSTRUCTION CONSULTANTS L.I., INC. 125A Broadway, Port Jefferson, New York 11777 as Principal, hereinafter called the Principal, and CONTRACTORS CASUALTY AND SURETY COMPANY of Staten Island, New York, a corporation duly organized under the laws of the State of New York, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid Dollars ($ 5% of amt.bid ) forthe 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 Tasker Park Building NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principai 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 amountfor which th,e Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of December ;'11, 19 93 . CONSTRUCTION CONSULTANTS L.I., INC. (Witness) (Principal) (SEAL) 7t7 _ CONT T CASUALTY AN SURETY COMPANY (Witness) (Attn y-in-Fac ) Agnes nes V. Mulhall Form BB/PUB01-12-91 (Conforms to AIA Document No. A310, Februar;, 1,970 Edition) CONTRACTORS CASUALTY AND SURETY COMPANY Home Office: Staten Island, New York Financial Statement - December 31, 1992 Assets Stocks and Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,302.285 Cash and Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184,442 Premium Balances (under 60 days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48,444 Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.105 Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48.471 Total Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 ,605.747 Liabilities Reserve for unearned premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90,255 Claim reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,500 Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 .495 Total Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138.250 Capital and Surplus Capital Paid-in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 .497 Total Policyholders ' Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 .467 .497 Total Liabilities , Capital & Surplus . . . . . . . . . . . . . . . . . . . . . . $1 ,605,747 ' State of New York ss: County of Richmond I , ROBERT W. ADLER, SR. , President of CONTRACTORS CASUALTY AND SURETY COMPANY, do hereby certify that the company is a corporation duly organized, existing and engaged in the business of surety by vi rtue of the laws of the State of New York. has duly complied with all the requirements of the laws of the State of New York applicable to the company and is duly qualified to act as surety under such laws: and that the foregoing is a full , true and correct copy of the Financial Statement of said Company as of December 31, 1992. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this fifteenth (15th) day of March, 1993. PST Y A vP��F1P 0R,4 06- SE 1991 Robert W. Adler, Sr. , President d Y a� State of ss. County of C W On this day of , 19 , before me personally came > 3 o Y to me known, Q and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of 1 ss. County of ) C c On this day of _, 19 ,before me personally came ai E d LL c to me known and known to me c L) to be a member of the firm of Q described in and who executed the foregoing instrument„and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires _ Notary Public ------------------------------------------------------------ State of New York ss. Nassau County of ) On this 17th day of_ December 19 93 , before me personally came c co E Joel Itzkowitz o to me known, d a c who being by me duly sworn, did depose and say that he is the President 0 V Y U of Construction Consultants LI, Inc. the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. Tp=Rr-:SA S. 'UF!(r ljotnry r'!_`a:;, . c;'vew fork 01 My commission expires r-� � �1 �•�.j«, --—————————————— `'—_, ----------- ----————————————— N—tart'— ----------------- Public State of New York County of Nassau ss. On this 17th December day of_ ' 19 93 before me personally came E Agnes V.Mulhall to me known, who, being by me duly sworn,did depose and say that CU in o he is an attorney-in-fact of Contractors Casualty and Surety Company the corporation described in and which executed the within instrument;that he knows thecorporate seal of said corporation;that the seal Q affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Vork My commission expires i. . _ F0 C� ,. .. . - i tary Public Power#41004-N q 00562 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. W VAJ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That CONTRACTORS CASUALTY AND SURETY COMPANY, a corporation of the State of New York, has made,constituted and appointed and by these presents does make, consti- tute and appoint AGNES V. MULHALL------------------------------------------------------ of UNITED SEABOARD AGENCY, INC.,BETHPAGE, NEW YORK its true and lawful Attorney-in-Fact, with full authority to make, execute and deliver on its behalf as surety, any and all bonds, undertakings and other instruments of similar nature, without power of redelegation, as follows: Limited to$500,000.00. Such surety bonds,undertakings and instruments for said purpose, when duly executed by the aforesaid Attorney-in- Fact, shall be binding upon Contractors Casualty and Surety Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in- Fact,pursuant to the authority hereby given, are hereby ratified and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of Contractors Casualty and Surety Company on April 25, 1991 and are still in full force and effect: ARTICLE XII, SECTION 5: "POLICIES, BONDS, RECOGNIZANCES, STIPULATIONS, CONSENTS OF SURETY,UNDERWRITING UNDERTAKINGS AND INSTRUMENTS RELATING THERETO. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereun- der, shall be signed in the name of and on behalfof the Corporation: (a) by the President or a Vice President; of (b) by any Attorney-in-Fact for the Corporation appointed and authorized by the President or a Vice President to make such signature provided that any such delegation of power be limited to routine matters; or(c)by such other officers or representatives as the Board of Directors may from time to time determine. The seal of the Corporation shall, if appropriate, be affixed thereto by any such officer, Attorney- in-Fact or representative." IN WITNESS WHEREOF, CONTRACTORS CASUALTY AND SURETY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its authorized officer, This 12th day of November , 19-22—. CONTRACTORS CASUALTY AND SURETY COMPANY Y q N� P0RgT sG9 rr SEAL li 0 1991 Robert W. Adler, Sr.,President � vb6tiFIV Y Powers invalid if last five numbers in upper kfl corner are not in RED. STATE OF NE'W YORK ss. COUNTY OF RICHMOND On this 12 day of November , 19_2-_, before me appeared the above named officer of Contractors Casualty and Surety Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of the corporation thereto by authority of his office. GERALDINE H.MULROONEY �( NOTARY PUBLIC,State of New York No.434958057 Cuaiified in Richmond county Notary Public Commission Expires September 11,low CERTIFICATE I, the undersigned Secretary of CONTRACTORS CASUALTY AND SURETY COMPANY do hereby cer- tify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by theCTORS CASUALTY of D AND SURETY COMPANY.tors to appoint an attorney-in-fact as provided m Article XII, Section 5,of the By-Laws of CONTRA This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect to any bond, undertaking, recognizance or other instrument of similar nature, with like effect as if such signature and such seal had been manually made and affixed." IN WITNESS WEREOF, I h e hereunto set may hand and affixed the corporate seal of the Company to these pre- sent this_/ day of PST (Seal) J Y A�y� ��W—, Z�_Z� Q5 RPOR `rG SEAL ��' Helen H. Adler, Secretary co 0 y1991 � o JUDITH T. TERRY s. Town Hall, 53095 Main Road TOWN CLERKP.O. Box 1 179 x- tk rn .y .�7 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS :v Fax (516) 765-1823 MARRIAGE OFFICER % Telephone (516) 765 1801 RECORDS MANAGEMENT OFFICER E ai �� FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUT'HOLD January 14, 1994 D S F Mason Supply and Contractors, Inc. 15 Southgate Shoreham, New York 11786 Gentlemen: The Southold Town Board, at a regular meeting held on January 11 , 1994, accepted the bid of East Area General Contractors, Inc. , Southampton, N.Y. , in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y. , all in accordance with the bid specifications. Thank you for submitting your bid for this project. Returned herewith is your Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure LAND HILLS, CALIFORNIA SOND NO. 0271961-61 PREMIUM part of BBSU BID BOND BID DATE: 12 -22-93 KNOW ALL MEN BY THESE PRESENTS, That we, D & F Mason Supply and Contractors, Inc. 15 Southgate, Shorham, N.Y. 11786 (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under ilia laws of the State of California and authorized to transact a general surety business in the State of New York (hereinafter called Surety), as Surety, are held and firmly bound unto Southold Town Hall 53095 Main Road, Southold, N.Y. (hereinafter cSkW 0b1gee) in the penal sum of 1.32------- Ten --- - percent L %) not to exceed Thou-Aa d and No/100-------------------------- -------- ------- -------------------------- ---------------------------------------•----- Dollars ($ 10,000.00 ) for the payment of which the Principal and the Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Storage ana R .s room Facilityin arnni r TT V NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shalt, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the halthful purformaiwo of tale said cuntract; or if thu Prmcipal shalt fail to du so, pay to 1110 Oblique thu dairiacjta which the Obligee cnay suffer by reason of such failure not exceeding the penalty of this bond, then this Ubligatiwi shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 21st DAY OF December i , 19 93 D & F Mason Supply and Contarctors, Inc. JP,JV swsu4��r Principal 8 . Y• I ��pRtO��ItO v - �ty AMWEST SURETY INSURANCE COMPANY "fit/fQ;tN�' 13 j: '� �/ '�• William F. Maroney Attart ..�=---- �` ^ -1` Zz 1 � w CIT`i' I_if1DERlJF'ITIhJ13 1=1CiErJi_`i' TO - - _- - - - _ - z"14170 P.0 DEC 22 '99 08:58 TOWN OF 501ffPOLD P.1i1 . j r (To be . QFEF-R QF J� completed by EachiSidderj In the event the above proposed fs aCcapti►d ansa the csndarai nsd forfai the Caretraot far the work, the unddrsigned o1fors as$surety for faithful the followiance,ng bond and/or bonds to protect lir and Material man. the following surety: � ANYBIAET4IP —� Signed? «id rj CERTIFICATE OF SURETY to be signed by duly adthor ' agent or attorney of the Surety Companyizs+g Official, In the event that t ha above Pr0009al is accept ecf and the cont ra' Ot for the work is .awarded to said D & F Mason Supply and Contractors, Inc i8idder's Nat�hg) the AmWest Surety Insurance Company tgeerety CMpanyj will execute the Surety Bonds aS herein-rb' fore - h Provided. 1 I 6 i grted . William F. Marone fal Agent or b Date: 12-21-93 Attorney-in-Fact y IMPORTANT; THIS PAGE MUST BE FILLED'OUT ;MAieli ceFa IF i ` ` ~ SUBMITTED IN LIEU OF RID BONA, p� g BGYD MAYSE4 Clt ('-�g� �r.'F!W ti'w.rn+rn RESTAQv / STORAGE FACILITY Z-1-ATE CF NZA, YORK, 1' COUNTY OF.. . ss: On this... ... . . ... .. ... ....day of........ ... . ............... becn_ Ma, Per==11y tame.. } .. ..'N�tc� z by described in and who executed Ule fereocing instrument, and he�arkyyrow;tew > tlmz hw,t?XeCr.:d=d t&.1E same. Svrorn before me this.........................day af.............. .. ... .... . . ... (Acknowledgment by principal, if'a•parbvm-,;;j • . • .• •.•.�� - STATE OF NEW YORK, COUNTY OF. . . ... ... . ss (SCOWS seat io ee ar�eded) . On this.... .. . ... . .. .day of...... ......., personally appeared'te rno . . . .... . . . . . . .._.. ... ... .. ..... . .. . . .. . . . ..... . ......member of the firm cf.................. . . . .. . . . . . . . . .... .... ---- A, .... ........ ...to me known and known to me to be the irtd ,fit ,. y ir;i�'iilr J rM. amdi-w.;� �xet�" �faregoing,instrument and he acknowledged to me th4 m..� t seam" :tr sed Cn behalf of said firm. Sworn before me this.. . .. . ... .......... .... .day of... ... ... .... ...... . . .... . .,... . . . .. . . ...1;" _�__ (Acknowledgment by principal, if a carpsras'cn,}; STATE OF NEN YORK, COUNT'! OF. . (Neary's seat a to arsCheo On this. :�-. day cf. ...� Vic_ . ,... '�+. • . . . . . . . . . .. ... .. .. ::.. .,. '�eltbre. re, we��:auuj ca„„—.e. . . ��.► . .tri .�:c.. 7.,.�: � .��1.! �` ..... ,t= t ,lea ,�• � g.kYcwr� ,Tl,��.r. me duly swam, did depose and say, that he resides in. .; ..S a +.�4 r4 4it. �Gt�• t' �-•.-�'” 1 t� that he is the. . . . . . . .. .. . . . . . . . . ... . . . .. . .. .. . . . . . .. ..Cf"t gid; Cbzattrtars, Inc. e. : . . . ..,. . ...... .. _. • ",he cerperaticn descr iced in c-rdi W)r jz.i exsc�tt� as j f g✓'i-g irstrctrrent; ti7at !i@.K few the s231 of said cor;:cration; that Vie sai, �r-her uwi za'�ids such corporate seal; that it was a��:xed ty order cf t.,e Scard of Direre czr -7:� ; z --,a he signed his name thereto by like order. Sworn before ane this. .. . . .... ... .. . . ....... . .day cf.... . . ........... ... . . ... . . . .. . . . . . . . .11,.. .,._ . ...... . ..... . ,'.. . . . . . .. . . .. ... .iCtal, -tar-- STATE OF NEW YGP,K; - COUNTY as u . __ ss' On this. . , • . _21st. _ . . . . . ...da f., December 9:3 yo . .. ..... . ......... .. . .,., " . . . ... „ a undersigned, a Notary Public in and fcr.said county, personally apFtv,,vt. . . .. . .. .WilZi:am.*F.. Mazaaey. .. .... . ..... .... . ... . .who is to rte well knmv ay trft, depose and say t".at he resides in..Bro . .....klynN.Y. that he is Atterneyin-i=ae't of AmWest Surety~Insurance Compan3 '" . ' .. . ' ' ''' ' '" ”".... the corporation described in and w;-o executed the wit6iin cf said corporation; that the seal affixed to said instrument is such t;ctr�sr ,se�ii tus" it .•+mss �.� = order. � affixed by order of the Board of Directors of said corrcratcr., and thatye 5is^„ed wca n31-„a, � a.-3 `e. z 4_ Subscribed and swan to before me this. . 21st day of. .......19.g ... '' �T CMGUWs seal to U*aattswlj •. � FRED ROti •;��':� _ P' .` �// , tl_- jue.a77 (N.r,s;a:.. �.;,; urf�a.zn-r ar r�:�:.:p:: ::,o s::�c►. n(n-C7r1M =-*Im r T TV i iF.IT"�r DIAD T T T FJr nrrc�lerki Tri r.v,. .11-- fu1'�{/'j JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS yyk, ;;F Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER I Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER ,- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1994 Lever Construction Corp. 145 Commack Road Commack, New York 11725 Gentlemen: The Southold Town Board, at a regular meeting held on January 11 , 1994, accepted the bid of East Area General Contractors, Inc., Southampton, N.Y., in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y., all in accordance with the bid specifications. Thank you for submitting your bid for this project. Returned herewith is your Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMERCAN INSTITUTE OF ARCIPTE CT AIA Document A310 Bid Bond R" ALL M W s MMM, that we LEM COM7RDC aV CORP. 145 CaVAcK r,04D, CaWpa(, NY 11725 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called the Principal and VIGILANT INSURANCE CUVANY 15 STAIN VIEW ROAD MRREN, NJ (Here insert full name and address or legal title of surety) a corporation duly OrganizAd under the laws of the State of AIEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto 700 OF SOLFHKED (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF TOTAL BID AMOUNT-------- Dollars ($ 5% OF BID ) for the payment of which stun 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 RESTROOM-STORAGE FACILITY AT TASKER PARK (Here insert full name, address and description of project) 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 prat payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another Party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22ND day of DECEMBER 19 93 LEVER CONSTRUCTION CORP. �- iP�) (Seal (Witness) ( i / VIGILANT INSURANCE COMPANYtle) (S sty) (Seal) v (Witness) �J , CHRISTINE MURRAY, ( ) t orney-in-fact AIA DMMV V !310 • HID BCND • AIA @ • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHIlJMUN, D.C. 20006 f ACKNCYED P OF COTTIRACIOR, IF A CORPORATION STATE OF NEW YORK ) ss: COUNTY OF On the 22ND day of DECQ�MEEt in the year 19 93 , before me Personally came to me ]mown, who, bein � he resides g by me duly sworn, did depose and say that that he is the of LE'�7ER v v,�c`� CONSTRUCTION CORP. ,the corporation described in and which executed the aboveinstrument; and that he signed his name thereto by order of the Board of Directors of said corporation. - -/ CIT7 NO►TARY'PUBLIC OR CCMffSSIONM jf OF DEEDS AMMLEDGEMENT OF SURETY STATE OF NEW YORK ) ss: COUNTY OF NASSAU ) On the 22ND day of DECMM in the year 19 93 , before me personally came CjjtISTI MUMURRAy to me known, �� me du1.y rn swo , dtd depose and say that he resides at that he is the AT�y IN FACT of VIGILANT INSURANCE , COMPANY the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation. NOTARy'"P BLIC OR CUNvIISSIONER OF DEEDS OWER OF ATTORNEY Know all Men by these Presents,That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road,Warren, New Jersey,,a New York Corpora- tion, has constituted and appointed,app does hereby constitute and appoint William A. Marino, George 0. Brewster, Joseph J. Mark, David W. Rosehill, Christine Murray, Vincent A. Walsh, Donna M. Thomas, Nancy Schnee and Laura Catalano of Roslyn Heights, New York -------------------------------------------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise,bonds or obligations given or executed in the course of its business,and consents for the release of retained percentages and/or final estimates. In Wetness Whereof,the said VIGILANT INSURANCE COMPANY has,pursuant to its By-laws,caused time presents to be signed by its Vice• resident and Assistant Secretary and its corporate seal to be hereto affixed Otis 28th day of April 1993 Corporate Seal V VIGILANT URANCE COMPANY tri jS�� By GAcClellan Richard .O'Connor 4/,r vice4prookimo Asiellsbiris Secretary STATE OF NEW.JERSEY l County of Somerset J On this 28th day of Aril 19 9 3 ,before me personally came Richard D.O'Connor to no known and by me knhownh to be Assistant Secretary of the VIGILANT IN. SURANCE COMPANY,the corporation des in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duly sworn,did depose and my that he is Assistant Secretary of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof:that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company,and that he signed said Power of Attorney as Assistant Secretary of amid Company by like authority;and that he Is acquainted with George McClellan and knows him to be the Vice-President of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is in the ganams handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Not Acknowledged and Swornto bslere me on the due Notary Public y° )MT A..4.CAvolar A CERTIFICATION ,Reis,ute VNe.!9 Icney STATE OF NEW JERSEY y Ift.206=o County of Somerset man X*ms Ouoitoz 2,1014 1,the undersigned.Assistant Secretary of the VIGILANT INSURANCE COMPANY,do hereby certNy that the following is a true excerpt from the Ortaws of the saki Company as adopted by its Board of Dtrocas an June 13,1974 and most recently amended March 3,1986 and that tlds By-Law is in full face and etlect. "ARTICLE XV Section 2.AN bads,undertakings.contracts and other Instruments other than as above for and on behalf of the Company whits it is authorized by law or its charter to execute,may and shall be executed in the name and an behalf of the Company either by On Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in4ad designated in any resolution of the Board of Directors or the Executive Committee,or in arty power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3.AN powers of allorrey for and on behalf of the Company may and shah be executed in the name and an behalf of the Company,either by the Chairman or the Vice• heirman or the President or a Via- President or an via-Pneiderml jointly with the Seawry or an Assistant Sscratary.under their respective ' igr,i m .The aignuure of such ofNars may be engraved,printed or Whographed.The signature of each of the following oRiioers:Chsirmar%Vida Chairman,President,any Via President,any Vice Preside..any Secretary,any Assistant secretary and the seal of the Company may be affixed by facsimile to any fir ofattorneyortoanycenificatereWkgthisreto appomft Assistant Secretaries or Attorneyewin-Fact for purposes only of executing and aties"bonds and undertakins and other air ifif obligatory in the nature thereof,and any such power of atlor ey or certificate bearing such facsimile signature or facsimile asst shed be valid and I I - upon the Company and any such power so executed and candied by such facsimile signature and facskMe seat sh@N be vaNd arnd bindkg upon the Company with respect to any bond or undertaking to which his attached." I further 09"that raid VIRLANT INSURANCE COMPANY is duly licensed to transect fitletity and surety business In iha State of and is also duly licensed to became sole suretyam bads.undertakings.etc.permitted or requited by the laws of the United State. And l further certify that the foregoing Power of Anorsy a now in full force and effect. Given under my hand and the seal asaid Company at Warren,NJ.,tlhia dayo DEC 2 2 Corporate Seal 0_ 3 PAWED Form 21.10.03M(Rev.I iko CONSENT U.T.A. VIGILANT INSURANCE COMPANY STATEMENT OF ASSETS, L ABIL MES AND SURPWS TO POLICYHOLDERS Statutory Basis a DECEMBER a1, 1992 (�toot. of doQers) LIABILITIES AND ASSM SUWtUS TOPOUCYHOLDE74S United St Treasury goods..._.»...__...... S 91,389 Outabariding Losses and Lova Eq)enses_._.. $ 597,s89 United States Govemmentand Federal Unearned Premiurns................_... 205,744 Agency Guaranteed Bonds------. 129.185 Accxued d�enses...»..............__....._......... 10,759 State and Municipal Bonds......».....,, ,.. . . 72apaa Dkidends Payable to Policyholders.-..- 8=4 Other Bonds................-.............._.«............ 49,957 Non-Admitted Rekwursnce_...».._».....«...... 9.249 Common Stocka_________ �c.. 5.949 Lass Portfolio Trac er....._.......__.......»._.. (20.772) ShortTerm(nvestrneMs........ ._.....__....... _ OtIW 18.967 TOTAL INVESTMENTS.---.--.-..-. 94941,,1 TOTAL LLABIUT(ES.-......,..».._»........_..... a19A70 investrnettts In Aftillatax Chubb Insurance Co.of Australia.Ltd.».. 15.832 Capital Stock............»................»...„............ span Chubb de Columbia Compania de Palo-an Surplua—_ __.�._ . 35.568 Svgtn=,SA.._...Y..-...-».............._... 3= Unassigtod Punds.. ..»....._-........-.... 189,955 Cash- ..- .._.... 1,359 Unreabad Appreciation&lnvestments___ 8,646 Net Premkmts Recehrable............................. 58AM Rak=rattca Recoverable On Paid Losses.. 4.780 SURPLUS TO POLICYHOLDERS-__.. 257,166 28.870 TOTAL LIABILITIES AND SURPLUS TOTALAOMLTIID ASSE75_.—_.».�. X1,056,239 TO POLICYHOLDERS-____ _TI,0515,230 kr*W Wnts anWivad 1na4Cardnr C*With rogt*4n As of"WIonol Association of kwuraneo convnissionem fnveadnanbr valued at$7.476 era daP08ft4d with Qovsrnmsrtauttwdtkm as required by ktw. A CORRECT STATEMENT: t wo rltSertetz�ycr }min-F d r •. 1 Foixz�-�u-eons v6-�31 Uan JUDITH T. TERRY Town Hall, 53095 Main Road �+ P.O. Box 1 179 TOWN CLERK o ?' Southold, New York 11971 �'y � j w� Fax (516) 765-1823 REGISTRAR OF VITAL STATISTICS Telephone (516) 765-1801 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1994 Bat Jac Contracting, Inc. 124 Cain Drive Brentwood, New York 11717 Gentlemen: The Southold Town Board, at a regular meeting held on January 11 , 1994, accepted the bid of East Area General Contractors, Inc. , Southampton, N.Y. , in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y. , all in accordance with the bid specifications. Thank you for submitting your bid for this project. Returned herewith is your Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure New York Surety Company 80 Cutter Mill Road Great Neck, NY 11021 Bid Bond BOND 4 :40443 B KNOW ALL MEN BY THESE PRESENTS, that we BAT JAC CONTRACTING, INC. 124 Cain Drive, Brentwood, N.Y. 11717 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NEW YORK SURETY COMPANY 80 Cutter Mill Road, Great Neck, New YOrk 11021 a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal tide of Owncr) SOUTHOLD TOWN BOARD as Obligee, hereinafter called the Obligee, in the sum of ************************** EIGHT THOUSAND SEVEN HUNDRED FIFTY AND xx/100******* Dollars (S 8,750.00 ), 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) Construction of new restroom & storage facility building 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 this 20th day of December 19 93 BAT JAC C NTRACTING,INC. C Principal) (Seat) (Witn s) BY: iA.ea (Title NEW YORK SURETY COMPANY (Su y) (Seal) j. (Witness) BY: itle) EDWARD J. F SHTEY, At ey-in-fact 1 State of N. • ss. « County of c d E On this day of , 19 , before me personally came v d oto me known, C � and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of ss. County of r c , 19 ,before me personally came E On this day of P Y E W to me known and known to me if p C u to be a member of the firm of a described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------�---�---------------------------------------------------- State of County of J On this day of��'� , 19 9 before me personally came C E K ,to me known, o. r, °a c who being by me duly sworn,did depose and say that he is the U a of the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was:so affixed by order of tate Board of Directors of said corporation,and t at he signed his name thereto by like order. - My commission expires_—Cre - Notary Public -----------------------------.-- --- -------------- ------------------ State of New York ss. County of Nassau On this 20th day of December , 19 93 before me personally came E Edward J. FArshtey to me known,who,being by me duly sworn,did depose and say that g New York Surety ComparYy w o he is an attorney-in-fact of the corporation described in and which executed the within instrument;that he knows the corporate seal of said corporation;that the seal Q affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ELLEN B.FLATof �t T/ NOTARY PUBLIC,State of New York My commission expires No.4931153 Qualified In Nassau County Notary Public FORD 13 25M Commission Expires May 9,1994 NEW YORK SURETY COMPANY 80 CUTTER MILL ROAD GREAT NECK, NEW YORK 11021 STATEMENT OF ASSETS, LIABILITIES AND SURPLUS AT DECEMBER 31, 1992 ASSETS Bonds........................................................................................................................................................... $4,533,938 Cash & bank deposits.................................................................................................................................. 653,465 Shortterm investments................................................................................................................................ 1,149,556 Agents' balances or uncollected premiums ................................................................................................. (645,445) Funds held by or deposited with reinsured companies................................................................................ 440,039 Reinsurance recoverable on loss payments................................................................................................. 139,801 Interest and dividends due and accrued....................................................................................................... 53,360 Receivable from parent, subsidiaries and affiliates ...................................................................................... 491,158 TOTALASSETS ................................................................................................................................ $6,815,872 LIABILITIES AND SURPLUS Losses and loss adjustment expense.................................................... .. $2,852,017 .................................................... Unearnedpremiums .................................................................................................................................... 1,295,320 Funds held by company under reinsurance treaties.................................................................................... 25,989 Otherliabilities ............................................................................................................................................. 138,277 TotalLiabilities ................................................................................................................................... 4,311,603 Capitalpaid-up............................................................................................................................................. 1,000,000 Gross paid-in & contributed surplus 500,000 Unassigned funds 1,004,269 Surplus as Regards Policyholders ..................................................................................................... 2,504,269 TOTAL LIABILITIES AND SURPLUS ................................................................................................ $6,815,872 I, DAVID E. FLATOW, President of New York Surety Company,certify that the foregoing is a fair statement of Assets, Liabilities and Surplus of this Company as of the close of business, December 31, 1992 as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New York. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company this 28th day February 1993 P�SoRET}-C O POPar, O P � O O Z c SEAL Z NEW YORK SURETY COMPANY 1983 tiFw voP� ��y� �► President New York Surety Company All authority hereby conferred, unless revoked earlier, Executive Offices shall expire and terminate, without notice, unless used 80 Cutter Mill Road before midnight of December 31, 1993. Great Neck, NY 11021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Bond 40443 B That New York Surety CompanDwARD J. FARSHTEY does hereby appoint: its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed EIGHT THOUSAND SEVEN HUNDRED FIFTY AND xx/100 ($8, 750.00)DOLLARS any single instrument. IN WITNESS WHEREOF, New York Surety Company has executed these presents OPS ,uRE kC0 20th d of Dece er 93 ^� 19 T � Seal Z 1983 F. DAVID E. FLATOW, PRESIDENT STATE OF NEW YORK ) �� COUNTY OF NASSAU ) s.s.: On this 20th day of Dec. , 19_93 before me came the above named officer of New York Surety Company of New York, ELIZABETH A.VASQUEZ to me personally known to be the individual and officer described NOTARY PUBLIC,State of New York herein, and acknowledged that he executed the foregoing instru- No.41-4968590 ment and affixed the seal of said corporation thereto by authority of Qualified in Queens County his office. Commission Expires July 2,1994 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney-in-Fact. I, Edward J. Farshtey, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing ex- cerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 20th day of December 1993 �5uRE7y oPOPvoaq�oo� w "Seal Z Z �Fw�oP Edward J. ar tey, Asslstan Secretary JUDITH T. TERRY �+ Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 s e REGISTRAR OF VITAL STATISTICS V� ► �„ Southold, New York 11971 Fax (516) 765-1823 MARRIAGE OFFICER n Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1994 D. Frantellizzi & Sons, Inc. 58-17 59th Drive Maspeth, New York 11378 Gentlemen: The Southold Town Board, at a regular meeting held on January 11 , 1994, accepted the bid of East Area General Contractors, Inc., Southampton, N.Y. , in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y. , all in accordance with the bid specifications. Thank you for submitting your bid for this project. Returned herewith is your Bid Bond. Very, truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMERiCAN INSTITUTE OF ARCHITECTS AIA Document A37O Bond No. WS=7O513 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thattrre D. Frantellizzi & Sons, Inc. IMerr'"f'r'A krtt name and address w 1"al tiow of Centraewo 58-17 59p> Stre NfTe'�ihCr"Psi 1�� 7� as Pnncipa , erelna !ca gpan`�Q Westchester Fire Insurance Company diems mert full mass and acoreas or teeat atle of Surety) 518 Stuyvesant Avenin Lyndhurst, 1J 0071-0615 a corporation duly or$aniz under the rt, o ld* tate o New York as Surety, hereinafter called the Surety,are held and firmly bound unto Town of Southhold (Mere inner'(tui,Aire and add"at+citta title of O%vneN 530-95 Main Road, Town Hall, Southhold, NY 11971 as Obl;See, hereinafter called the Obligee,in the sum of 10% of amount bid NTE Twenty Thousand and 00/100 dollars Dollars ($20,000.00 1, 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 Plincipal has submitted a bid for Hoare Insert tell name,addreu and dt'mmuon of oroiew Restroom and Storage Facility . NOW, THEREFORE, if the Obligee shall accept the bd of the Orincipal and the Pfinelpa( shalt enter into a contract with the Obligee in accordance with the terns of.such bid,and give such frond or bonds as tray be specified ins"bidding or Contract Documents with good and sufflcient surety for the faithful Performs"of such Contract and for the prompt payment of labor and material furnished in the orowtstion theroot,Or in tfhe event of tate failure of the Prindpat to enter such Contract and Sive such bond or bonds,if the Principal shalt pay to the Obfi*the difference not to O:ceed the penalty hereof between the amount specified in said bid sex!such larger amount for whkh the Obligee.-mals In good fahtls contract with another party to perform the Work covered by said bid,then this pbligatioet shall be nun and void,otherwise w rerrtaln in fuii force and effect. Signed and sealed this 22nd day Of December 39 93 Fra�ntellizzi & Sons, Inc. (Pi;ncepaU (seal) (Witness) (1►itNl Westc es er Fire Insurance Cgglnany (Wi triers') (r; Adel M. Bland Attorney—in—Fact 1,, CAUTiON: You should sign an original AIA document .which has this Caution printed In red. An original assures that changes will not be obscured as may occur when dpouM-emis erre roisroducod. a1A DOCUMENT A310-$10 SONO.61A&.FEORVAAY 19M to•Tste AMflucAN INITiTVI i OF ARCHITECTS, 1735 N.Y. AVE„ N.W.. WnSMINGTON, D.C. 20M 1 i wsht4ftelC:unsoan.ad oAotooesNrw tAafates u.Et oevwtetrt teas and is ansMaat is)anal oteeaeudoA. THE CONSENT OF SURETY CONTAINED HEREIN IS LIMITED TO A CONTRACT AWARD NOT TO EXCEED SEB Ol= 1}RE�`Y �c200,000.00 (rd be completed by Each Bidder) Bond No. Wi~'00070513 In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following Surety: Westchester Fire Insurance. Company SURETY .C*40ANY D. Frantellizzi & Sons, Inc. Signed: (bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company. In the event that the above Proposal is a0*90 ed and the contract for the work is awArd9d to said . Frantellizz' & Sons (Bidder's Name) the Westchester Fire Insurance Company (surety Company) will exeCute the Surety Bonds as herein-before provide.d. W tcester ire Insurance Company Signed:, / Signed:, Official , gent or Attorney Adel M. Bland Attorney-in-Fact Date: 12/22/93 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK YS SUBMITTED IN LIEU OF 8ID BONO, OR BID MAY Be REJECTED. RESTROOM / STORAGE FAC3LITY ACKNOWLEDGEMENT OF SURETY WF-00070513 State of New Jersey F ss. County of Bergen On 12/22/1993, before me personally came Adel M. Bland to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Westchester Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. LISA V. DELLAGLIO NOTARY PUBLIC OF NEW JERSEY n MY COMMISSION EXPIRES SEPT.22,1998J�- My commission expires Notary Public F.-i 2 (a/91) WESTCHESTER FIRE INSURANCE COMPANY NEW YORK, NEW YORK STATEMENT AS OF DECEMBER 31, 1992 ASSETS LIABILITIES AND SURPLUS Bonds . . . . . . . .. . . . . . $1,300,639,750 Losses and Stocks: Adjustment Preferred .. . .. . . .. . $ 0 Expenses . .. . .. . . . . $1,018,219,968 Common . . . .. . . . . . 92,709,127 92,709,127 Taxes and Real Estate . . . . .. . . . . 6,391,385 Expenses . . .. ... . .. 22,362,777 Cash and Bank Unearned Deposits . . . . .. . . .. 8,542 Premiums . . . .. .. .. 116,744,809 Short Term Other Liabilities... . . . 151,742,949 Investments. . .. . . .. 153,603,678 Capital. .. . . ... . .. . . . $2,500,000 Premium Balances Paid in and Receivable.. . . .. . . . 84,571,531 Contributed Equities and Deposits Surplus .. .. .. .. .. . 130,160,715 in Pools and Other Surplus. . . .... . 253,171,396 Associations . .. . . .. 9,011,644 Surplus to Other Assets . . . .. . . . . 47,966,957 Policyholders .. .. . . 385,832,111 Total Admitted Assets $1,694,902,614 Total Liabilities and Surplus $1,694,902,614 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. STATE OF NEW JERSEY SS: COUNTY OF MORRIS GEORGE J. RACHMIEL, Senior Vice President & Treasurer and MICHAEL A. SANDRI, Vice President of the Westchester Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1992 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors,except as herein- before indicated,and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1992 according to the best of their information, knowledge and belief, respectively. E poration's Senior ['"ice President & Treasurer Seal I 1� Sworn to and Subscribed before me this 5th day of April, 1993. Assistant Vice President K�amkl, DAWN M. BIAMONTE Notarial NOTARY PUBLIC OF NEW JERSEY seal My Commission Expires July 25, 1993 POWER OF ATTORNEY WESTCHESTER FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Robert A. Nicosia, Richard L. Quackenbush, Margaret A. Nicosia, Richard Ingram, Michelle Nicosia, and Adel M. Bland of Lyndhurst, New Jersey, each its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings. and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of Scp=ber , 19-3. Attest: WESTCHESTER FIRE INSURANCE COMPANY Assistant Secretary rVice President Charles R. Van Buskirk Richard A. Annese STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) On this 7th day of September , 19_2L, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of the Westchester Fire Insurance Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to ft,said,ip,��trument by the authority and direction of the said Company. ............... L' IN TESTIMONY I he unto set my hand and affixed my seal at the Township of Morris, the day and year fiat al' uevwiri#e-hil (Seal) Notary Public rr ; NOTARY PUBLIC O.f.-vi JERSEY MY COMMISSION EXPIRES JULY 25.1998 This Power of Attorney is granted pursuant to Article IV of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice-President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced . . . The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. Signed and sealed at the Township of Morris, New Jersey, dated 22ndday of December , 1993 By Assistant Secretary Herbert H. Linder f PROPOSAL FORM DATE• � Zj NAME •OF BIDDER: Z4S �,. Q I ' ✓I aLea ! C C JVO�` TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract , or the supplies relating to it , or in any portion of the profit thereof; that he has carefully examined the contract documents dated: DECEMBER 7, 1993, including bidding requirements, contract , general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page) ; that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A. , Southold Town Engineering Department , Peconic Lane, Peconic, New- York 11958, and shall comply with al l the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: RESTROOM / STORAGE FACILITY D - 1 FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20'x 30' AND HAVE WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8' DIAMETER x 8' DEEP LEACHING POOLS. THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE . STIPULATED "LUMP SUM" OF: (writteA in words) 5`1 q8q.-° (writte in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall b . have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal *is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: $23-C 00 �ov 10 Telephone Number: �C(o Z O 3 Date: /2- 2- RESTROOM RESTROOM / STORAGE FACILITY D - 2 v„� STATEMENT OF NOWT-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 udder 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E — 1 _ R E S O L U T I O N = Resolved that 6C4-6 �e�- CTui�v'rc /I��,olCr T��S Ktc be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ` (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation., and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foreggoin/gam is a tru/e� and correct copy of the resolution adopted by (49-leu-C, CO'ky-, y6lrs (K c. corporation at a meeting on the Board of Directors held on the day of 19 '13 (SEAT. OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM / STORAGE FACILITY E - 2 .-.��51iii»-::. ,., t.-._ ..,r:•.,,,. ,.,,- ..,}.ud,. .'.. .,.,.:- ., :.-aiw-i'!�" ... ._-..; -.. . .. . .,- r.'1�w x84Yi;tvweaRee�mie:�h i ,�1 'I�� NEW YCW STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COLLETED 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 A G (Bidder) Certifies that : 1 . it intends to use the following listed construction trades in the wQ rk under the contract NA-<-pKsd- �/ C- S ;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 teat Plan, those trades being: ; and/or, b. as to those trades for which it is required by these B i d 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 stat a and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ✓lit,�5 oh,�f-i ��1`� ;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 certification required by these Bid Conditions. (Signature of Au horized Representative of Bidder) RESTROOM / STORAGE FACILITY F - 1 F� a O INSURANCE COMPANY ROCK HILL.NEW YORK (A Stock Company) Bond No. 45369-28 BID BOND The American Institute of Architects AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we EAST AREA GENERAL CONTRACTORS, INC. & MICHAEL BROIDY, INDIVIDUALLY, AS AN OPEN JOINT VENTURE, 823-C N. HWY, SOUTHAMPTON, NY 11968 as Principal,and Frontier Insurance Company,Rock Hill,New York 12775,a corporation duly organized under the laws of theStat f NNew York as Sure ,ar h Idd and firm) bound unto TOWN OF SOUTHOLD Town Hal , 530 Main Road, Pout�io d, NY 119971 as Obligee, in the sum of 5% of the amount bid, not to exceed $175,000.00 and the penalty of this bond shall not exceed $8,750.00 Dollars($-----------------------) for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Tasker Park Building. Construction of concrete block building to house storage. and restroom facilities. 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 thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of December 19 93 EAST AREA GENE AL CONTRACTORS. rinci BY: �G til BY � Michael Bro dy, Individually Michael Broidy (Title) President FRONTIER INSURANCE COMPANY (Surety) (SEAL)' / LGL-t, BY.CK"ri sti ne Cahill Attorney-In-Fact FM 19-1187(4193) W-7030-9/93-4M INSURANCE COMPANY Rock Hill,New York 12775-8000/Telephone(914)796-2100 (A Sb-C np" PRINCIPAL 'S ACKNOWLEDGMENT INDIVIDUAL VERIFICATION State of County of On this day of in the year 19 before me personally came Michael B ro i dy to me known,and known to me to be the persons)who is (are)described in and who executed the foregoing instrumentandacknowledges to me he(they)executed the same. (Sgnawn and tkae of aAdal taking ack PARTNERSHIP VERIFICATION State of County of On this day of in the year 19 before me personally came to me known,and known to me10 be the person who is described in and who executed the foregoing instrument,and acknowledges to me that he executed the same,as and for the act and deed of the said co-partnership. (Signet we and tills Of offs W taking wAnowkedgn*M CORPORATE VERIFICATION State of County of On this day of in the year 19 before me personally came Michael B ro i dy to me known.who,being by me duly sworn,deposes and says that he resides in the City of that he is the President of the East Area General Contractors, Inc. the corporation described in and which executed the foregoing instrument that he knows the seal of the said corporation:that the seal affixed to the said instrument is such corporate seal:that is was so affixed by the order of the Board of Directors of saidcorporation,and that he signed his name thereto by like order. (Signature and title of oAeiak laking acknowlad9nmO SURETY COMPANY ACKNOWLEDGMENT State of New York County of Sullivan On this 15th day of December in the year 19_L3_before me personally came Christine Cahill to me known to be the individual described in and who executed the foregoing instrument and to be the Attorney-in-Fact of FRONTIER INSURANCE COMPANY,which i310 me known to be the corporation described in the foregoing instrument, and which, by its said Attorney-in-Fact executed the same, and said Attorney-in-Fact duly acknowledged to me that he knows the Seal of said Corporation:that the Seal affixed to said instrument is such Corporate Seat that it was so affixed by order of the Board of Directors of said Corporation:and that he executed the said instrument as the act and deed of said FRONTIER INSURANCE COMPAWf therein-described and for the uses and purposes therein mentioned,oy virtue of a certain power of attorney executed by said FRON-nER INSURANCE COMPANY dated May 31 , 1989 ,which said power has never been revoked and is still in;,;1 force and effect and thW the said corporation has received from the Superintendent of lisurarn:e of a State of New York a certificate of solvency and ofits sufficiency as surety or guarantor under Selamn-327.Ch ter 11 of the la of 19 ,being Chapter 28 of the Consolidated Laws of New Yot)CRktblf ydittIM.and that such certHfcatl not been i'LL012i f ICU>:1eC ' mza i t',oP�YcliIG ^ FM 19-5004(11/85) Qualfi*ed in rlrardae Cuutay Crmmiasion�za:;e:s July 2 1 a Notary PubNc 414FINSURANCE COMPANY MONTICtLLO,NEW YORK �i 2 P _ G -5 G (A Stock Company) 1 U J POWER OF ATTORNEY ARttaitt All rtt 13tf (These 13reerttts: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Monticello,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November,1985: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof•said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Walter A. Rhul en George F. Eberle Lynne K. Hupka David M. Hogan David E. Campbell Andrea Ammendola Christine Cahill of Rock Hill ,in the state of New York its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND($500,000.00)DOLLARS:and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed. 311 Oitttess 04creaf, FRONTIER INSURANCE COMPANY of Monticello, New York,has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 31St day of May 19 89 FRONTIER INSURANCE COMPANY aSURANC.,,, rx " •bP poR c0 . xo., L State of New York °Rw%aa+ BY: County of Sullivan ss.: WALTER A.RHULEN.President On this 31st day of May '19 89 before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and o4icer described herein,and who executed the preceding instrument,and acknowledged the. execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and thatthe resolution of the Company.referred to in the preceding instrument, is now in force. �Itt(Trstilllattlr X111?rrrnf.I have hereunto set my hand,and affixed my official seal at Monticello.New York,the day and year above written. .p``NOA Ory" , NOTA/f), 0,,AUBL%rl 4-Jc, A Notary Public of New York rEoo wea+°P'` My Commission Expires June 30.1991 CERTIFICATION 1,MA.RVIN L.TEPPER,Secretary of FRONTIER INSURANCE COMPANY of Monticello,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force arrf effect. -1111 Witness U11terrof, I have hereunto set my hand and affixed the facsimile-seal of the corporation i is 15th day of , December '19 93 e\�UZAtCF.,, gA p , ,;? ?atN7 Z ? FM 19-5002-5(6/90) ,.„.„, MARVIN U EPPER, ecretary 3 . . ft i 0 INSURANCE COMPANY Rock Hill,New York 12775-8000 Financial Statement as of December 31,1992 I certify that the below listed officers were duly elected by the Board of Directors of Frontier Insurance Company and continue to hold the office set opposite their names. OFFICERS WALTER A.RHULEN ......................................President CHARLES R.SPITZER................................ Vice President JOSEPH P.LOUGHLIN ....................................Secretary DAVID E.CAMPBELL ................................ Vice President DENNIS F.PLANTE .......................................Treasurer HARRY W.RHULEN.................................. Vice President PETER L.RHULEN................................... Vice President JILL GOLD.......................................... Vice President JESSE M.FARROW.................................. Vice President R.LINDA MARKOVITS................................. Vice President JONATHAN M.FARROW ............................. Vice President 1 further certify that the following Financial Statement of the Company is true,as taken from the books of the Company as of December 31,1992: ASSETS LIABILITIES AND POLICYHOLDER'S SURPLUS Bonds............................................... $208,425,674 Losses.............................................. 153,232,344 Preferred stocks ..................................... 24,344,117 Loss adjustment expenses ............................ 30,436,631 Common stocks...................................... 14,204,281 Other expenses...................................... 826,213 Short-term investments ............................... 9,384,013 Reinsurance payable on paid losses ................... 1,685,434 Cash on hand and on deposit ......................... <249,564> Taxes,licenses and fees .............................. 1,011,928 Premiums and agents'balances Unearned premiums.................................. 41,675,302 in course of collection .............................. 16,814,639 Funds held by Company under Premiums,agents'balances and installments, Reinsurance Treaties ............................... 81,421 booked but deferred and not yet due ................. 8,624,717 Amounts withheld or retained by Company Reinsurance recoverable on loss payments............. 5,133,368 for account of others ............................... 48,031 Electronic data processing equipment.................. 1,252,095 Provisions for reinsurance ............................ 74,898 Aggregate write-ins for assets other than Federal and Foreign Income Taxes .................... 1,088,268 invested assets .................................... 14,027,096 TOTAL LIABILITIES .............................. $230,160,471 Interest dividends and real estate income due and accrued............................ 3,853,133 Capital paid-up ...................................... 5,000,000 Real Estate .......................................... 432,337 Paid-in and contributed surplus........................ 27,520,620 Receivable from affiliates.............................. 352,961 Unassigned funds(surplus)............................ 43,917,774 TOTAL ADMITTED ASSETS....................... $306,598,865 Total policyholder's surplus ......................... 76,438,394 TOTAL LIABILITIES& POLICYHOLDER'S SURPLUS..................... $306,598,865 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the Company this 20th day of May,1993. `�gURAN�,• , CORPORATE SEAL =�.4�.ce�� I INS tw,op ''•• ,,,,,, .• ' WALTER A.RHULEN,President STATE OF NEW YORK COUNTY OF SULLIVAN ss.. On this 20th day of May 1993,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came WALTER A.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument,is now in force;and that said Corporation has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under Section 1111 of the Insurance Law of the State of New York. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. NOTARIAL SEAL .s p. TA ( ct =u.�pP,�I Bl. CHRISTINE 1.LANE ""oF.NE x•. Notary Public State of New York Sullivan County Clerk's No.1996 Commission Expires May 2,1994 F-B/FS(5/93) W-6627-7/93-2M w PROPOSAL FORM DATE: NAME OF BIDDER: C oI'7� �,(�(�C /iG�'1 CGn.SL,L /%//7-' Ze TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract , or the supplies relating to it , or in any portion of the profit thereof; that he has carefully examined the contract documents dated: DECEMBER 7, 1993, including bidding requirements, contract , general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page) ; that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A. , Southold Town Engineering Department , Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: RESTROOM / STORAGE FACILITY D - 1 FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20'x 30' AND HAVE WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8' DIAMETER x 8' DEEP LEACHING POOLS. THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE .STIPULATED "LUMP SUM" OF: S r 7-Y . T/-1 Q U,5 fi N 0 D o (writt n in words) . � Q o (written In numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall b have been deposited inthe mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal *is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: �� r9 Gt/� S, zqel— -,e-�c.-7 /y ` 1177e7 Telephone Number 5l� �� 1 Date: RESTROOM / STORAGE FACILITY D - 2 s NEVI 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/CERTIIFIICCATIOONN (Bidder) Certifies that : 1 . it intends to use the following Aiste construction trades in the work under the contract S ��/' D %y 7AJ'Ee—/ ;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: 6, A Ac n6h ,E ;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 I I , for all construction work (both stat a and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: 6-, 4E ;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 certification required by these Bi Conditions. u r e' of Auth red Re of Bidder) RESTROOM / STORAGE FACILITY F 1 STATEMENT OF NON-COLLUSION (To be Completed by Each .Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 uAder 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E — 1 R E S O L U T I O N Resolved that ��rs /l�� 116/7 f, /�/l� F� be (Name of Corporation) authorized to sign and submit the bid or proposal of this corperation for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoing is a true and correct copy of the resolution adopted by corporation at a meeting on the Board of Directors held on the o?l day of 19 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM / STORAGE FACILITY E — 2 ,3 CONTRACTORS CASUALTY AND SURETY COMPANY Home office, Staten Island, New York Bond No. 000150WW BID BOND KNOW ALL MEN BY THESE PRESENTS, that we CONSTRUCTION CONSULTANTS L.I., INC- 125A Broadway, Port Jefferson, New York 11777 AND SURETY as Principal, hereinafter called the Prircoration dulyal, and CONTRACTORS organized under the lays of State COMPANY of Staten Island, New York, a corporation of New York, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid Dollars 3 5% of amt.bid ) forthe payment of which sum well and , admt inist ators, successorshe said nand lass gns, jointly and the said ranyd bind ourselves, our heirs, executors, s severally, firmly by these presents. WHEREAS the Principal has submitted a bid for Tasker Park Building NOW, THEREFORE, if the Obtigee shall accept Id of with e terms ofPrincipal such and blid, and gv al a such shall enter into a contract with the obligee in accordance bond or bonds as may be specified in the bidding or Contract Documents, with good an sufficient surety for the faithful performance of such cution thereof,Contract the event of the faipurement of of the labor and material furnished in the prose to the Principal to enter such Contract exceed the penaltyond or hereofbonds, if the Principal shall between the amount specifiedinsaid Obligee the difference not towith bid and such larger amountfor which b d, Ohenth ee s obligation may in good shall shallbeItand voidtotherwise to perform the Work covered by said to remain in full force and effect. ` Signed and sealed this 17th day of December CONSTRUCTION CONSULTANTS L.I., INC- (SEAL) (Witness) (Principal) e) CONT T CA t1 LT Y A SURETY COMPANY / (Att n y-in-Fac ? Agnes V. Mulhall (Witness) Form BB/PUB01-12-91 ;970 Edition) (Conforms to AIA Document No. A310, F.Cruar;, CONTRACTORS CASUALTY AND SURETY COMPANY Home Office: Staten Island. New York Financial Statement - December 31, 1992 Assets Stocks and Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,302.285 Cash and Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184,442 Premium Balances (under 60 days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48,444 Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 22.105 Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48.471 Total Assets . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 ,605,747 Liabilities Reserve for unearned premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90,255 Claim reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,500 Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41.495 Total Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138,250 Capital and Surplus Capital Paid-in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467.497 Total Policyholders ' Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 ,467,497 Total Liabilities, Capital & Surplus . . . . . . . . . . . . . . . . . . . . . . $1,605,747 ` State of New York ss: County of Richmond I, ROBERT W. ADLER, SR. , President of CONTRACTORS CASUALTY AND SURETY COMPANY, do hereby certify that the company is a corporation duly organized, existing and engaged in the business of surety by virtue of the laws of the State of New York, has duly complied with all the requirements of the laws of the State of New York applicable to the company and is duly qualified to act as surety under such laws: and that the foregoing is a full , true and correct copy of the Financial Statement of said Company as of December 31, 1992. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this fifteenth (15th) day of March, 1993. _ ' �v% Y AiyQs ORArF SEAL -� ✓��f %Z� 0 1991 Robert W. Adler, Sr. , President 00 �Nd State of ss. County of L N CM-0 2On this day of , 19 ,before me personally came a ; Y to me known, Q and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary Public ----------------------------------------------- – -------------- State of ss. County of C On this day of , 19 ,before me personally came E m cto me known and known to me C to be a member of the firm of described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public -------------------------------------------------------- State of New York ss. Nassau County of ))) On this 17th day of December , 19 93 ,before me personally came C O E Joel Itzkowitz A i ,to me known, c who being by me duly sworn,did depose and say that he is the President e 4 of Construction Consultants LI, Inc. the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. THERESA S.RUR}CE Notary Pt h'i�.^s'. �f Mew York My commission expiresn --––––––––––––––Co.M. 23, 19 f to Public ----------- ––--––––––––––––– State of New York 1 County of Nassau ss. ) On this 17th day of December 93 C . 19 , before me personally came m E Agnes V.Mulhall m to me known,who, being by me duly sworn,did depose and say that ca 5 he is an attorney-in-fact of Contractors Casualty and Surety Company 4 the corporation described in and which executed the within instrument;;hat he knows the corporate seal of said corporation;that the seal _ a affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. THFRFS--%S FUPKE NotRry 1'ti>'t.^.S-te:-f':evv Vwk My commission expires— FORM # 1 Cpm"l r LaryPublic power scow-N? 00562 . CONTRACTORS CASUALTY AND SURETY COMPANY Home Offlce, Staten Island, New York Certified copy Bond No. w w POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That CONTRACTORS CASUALTY AND SURETY COMPANY, a corporation of the State of New York,has made,constituted and appointed and by these presents does make, consti- tute tute and appoint AGNES V. MULHALL of UNITED SEABOARD AGENCY,INC.,BETHPAGE,NEW YORK its true and lawful Attorney-in-Fact,with full authority to make,execute and deliver on its behalf as surety, any and all bonds, uirdertalings and other instruments of similar nature, widxmt power of redelegation, as follows: Limited to$500,000.00. Such surety bands,undertakings and instruments for said purpose,when duly executed by the aforesaid Attorney-in- Fact, shall be binding upon Contractors Casualty and Surety Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in- Fact,pursuant to the authority hereby given,are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of Contractors Casualty and Surety Company on April 25, 1991 and are still in full force and effect: ARTICLE XII, SECTION 5: "POLICIES, BONDS, RECOGNIZANCES, STIPULATIONS, CONSENTS OF SURETY,UNDERWRITING UNDERTAKINGS AND INSTRUMENTS RELATING THERETO. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakdngs of the Corporation,and releases, agreements and other writings relating in any way thereto or to any claim or loss thereun- der,shall be signed in the name of and on behalf of the Corporation: (a) by the President or a Vice President; of(b) by any Attorney-in-Fact for the Corporation appointed and authorized by the President or a Vice President to make such signature provided that any such delegation of power be limited to routine matters;or(c)by such other officers or representatives as the Board of Directors may from time to time determine.The seal of the Corporation shall,if appropriate, be affixed thereto by any such officer, Attorney- in-Fact or representative." IN WITNESS WHEREOF, CONTRACTORS CASUALTY AND SURETY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its authorized officer, This 12th day of November . 19-22_. CONTRACTORS CASUALTY AND SURETY COMPANY Y AHO v?vO�PO A sG9 040 4e cc SEAL F v1991 Robert W. Adler,Sr.,President 6�N0 �Naa Powws in ukd iVAm ftw nwwr ws in*per kft emww on not in RM. w STATE OF NEW YORK ss. COUNTY OF RICHMOND On this 12th day of November , 19—n, before me appeared the above named officer of Contractors Casualty and Surety Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of the corporation thereto by authority of his office. GERALDINE H.MULROONEY NOTARY PUBLIC,MR of New York No.434OM7 agreed In Richmond county Co"miewon Expree sepWnber 11,IM Notary Public CERTIFICATE I, the undersigned Secretary of CONTRACTORS CASUALTY AND SURETY COMPANY do hereby cer- tify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attomey-in-fact as provided in Article XII,Section 5,of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any.such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect to any bond,undertaking,recognizance or other instrument of similar nature, with like effect as if such signature and such seal had been manually made and affixed" IN WITNESS WEREOF, I h e hereunto set may hand and affixed the corporate seal of the Company to these pre- sent this ZZ day of , 193. (Seal) ��P�T Y As - VP�aRP Ogq�cc G9 «; 4, V%Z_ co Helen H.Adler,Secretary cc SEAL 1991 _` .1N43 PROPOSAL FORM DATE: 2 3 NAME OF BIDDER: r Y lasoil C'614-y 'r" 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 i t , or in any portion of the profit thereof ; that he has carefully examined the contract documents dated: DECEMBER 7, 1993, including bidding requirements, contract , general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page) ; that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A. , Southold Town Engineering Department , Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: RESTROOM / STORAGE FACILITY D - 1 r � • ,1 t c FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20'x 30' AND HAVE WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8' DIAMETER x 8' DEEP LEACHING POOLS. THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE . STIPULATED "LUMP SUM" OF: Grit Yen lid words) -t � 3 (written fn numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall b . have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45 ) days after the date of receiving the bids. We the undersigned, further agree that this proposal *is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: ,- Business Address: Telephone Number: Date: RESTROOM / STORAGE FACILITY D - 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 NA l ci,S C (Bidder) Certifies that : 1 . it intends to use the following listed const tion trades �n 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 stat a 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 certification required by these Bid Conditions. (Signature of Authibrized Representative of Bidder) RESTROOM / STORAGE FACILITY F - 1 b '.J;4<. .iWC' STATEN OF NoN-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 udder 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E - 1 • R E S O L U T I O N _ /KCbe Resolved that CO U f j coyl (name of Corporation) authorized to sign and submit the bid or proposal of this corporation 4 for the following Project: ' cst r oyry� - (Describe Project) and to include in such bid rthreeldthe (103ed)iofcthe General Municipal non-collusionate as to required by section one hundred Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoing is a true and correct copy of the resolution adopted by c poration at a meeting on the Board of Directors held on the Lday of 19� (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dff ective September 1, 1965 RESTROOM / STORAGE FACILITY E — 2 i , I ■ ` ic �-1-i'JI_ �J'-y.�iM:`I I'Y':_il') II�YL'C .. .. 7; `14'70 G7�i.._ i il_ • ��Gli�: Y'• -- .I�f,/ WOODLAND HILLS, CALIFORNIA a : BOND NO. 0271981-61 PREMIUM PArt of BBSU BID BOND BID DATE: 12-22-93 _ KNOW ALL MEN BY THESE PRESENTS, That we, D & F Mason Supply and Contractors, Inc. 15 Southgate, Shorham, N.Y. 11786 (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under ilia laws of the State of California and authorized to transact a general surety business in the State of New York (hereinafter called Surety), as Surety, are held and firmly bound unto Southold Town Hall 53095 Main Road, Southold, N.Y. (hereirtatl9r c8.0bf in 9ee) the penal sum of Tpg------- - ---------- =- percent ( o %) not to exceed Ten a and No 100------ ---------- -- - ------------- ------------------------------------ ---------------------------------- pollars ($ 10,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs. executors, administrators, successors and assigcts, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for _ srora o _nd Restroom Facility in Pc+nnnir N v NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shalt, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful {jvrfurrnanco of the said curttract; or if tlw Priticipaf shall tail to du so, pay to 1110 Ol)licluo 1110 c1;1111a( as which the Obligee may suffer by reason of such failure not exceeding Ilia penalty of this bond. than this obligation shall be void; otherwise to remain in full force and effect. SIGNED. SEALSD AND DATED TFUS !21st - DAY December i OF 19 93 D & F Mason Supply and Contarctors, Inc. SVP1.0 1NSUANA1, Principal By: cORIOx,4-we ' _ t0 v *4P � AMWEST SURETY INSURANCE COMPANY Willitipr ' am F. Maroney ••,r.�aCI is •``*�� ••ry Nw.M•.^f, - - - - - - - - - - - - - 12-22-1993 09:50AM FROM CITY UNDERWRITING AGENC`r' TO 8214170 P.02 DEC 22 19a 08:59 Towm OF SOLTTHOI,D P.lii i i f • 4PFER of $� ` (To be •�pleted by Bach+Bidder) In the event the above proposal fa accepter and the wsdersi d e awarded the Contrsot for the work, the undors1 + for faithful Verfersance, bond and/or bonds two p oteat erre y ma#eriat roen, the following surety: - and ; Vir 4"T u.re t t' l OMPANY W4 CERTIFICATE OF SURETY to be signed by • agent or attorney of the Surety Cosby duly + horiaed dflicial, 6 i In the evert that the above Proposal is aaoopted mod the cor►tri�ot icor the work 18 .awarded to said B 6 F Mason Supply and Contractors, Inc aidder's MMO) the AmWest Surety Insurance Company (Suretypanyj will execute the Surety Bonds as herein-b' lore MProvided. - I signed i . . Wy grief Offt iliam aroney al Aq�t pr ttOXJley1• Dist 12-21-93 Attorney-in-Fact ' N ` 'UPORTANT; THIS PAGE "AT 8E FII.Lgp• - f I RO 1N OUT Maeff CbRTIFISp LIiU di= BIp BOND, `O 810 MAY BE AEdBO'l�9Its ti� •�' R£STROCM / 6TORAGE FACILITY lr�bn►.yiy�.c�.ar:oi�+.� ,'tsiiVi.icl. ii dIi itIC1Y;�iL:.►� STAT`OF Nc^N YORK, r COUNTY CF.. ................... .., aft ar^teal m e::sser:e0 On this....... ...... .......day of............ ................ ...a . .,..,; befara;me;Pamrsafly came. ... eft Wwru,witac by described in and who executed the foregoing instrument, and�he�asiftwie edf tlftt;His)swc=ftd th* same. Sworn before me this.........................day of...........,... ..... .... .....__... .__. ................................. -- (AcMaMedgrnent by principal it a parb3erat4.J' STATE OF NEW YORK, SM COUNTY OF.... .. .. .................... (Neor�r'a sal"se SMWA el On this...... ........day of............., personally appeared:.1diMv1 ftp ... .... . . . . . . -....._._ ............... ........ . ............member of the .......,.,.,.,......,...... ...... ..,_....__---- ...,.._<,. ...:. ... me known and known to me to be,th10 chdk1*011 •._> d*$WjZtAW tieae+aW16o : W.1139,ttihegpimka<trument and he scknowtedgsd me tt the > �tcrca. 3 ora aefialfi�said ttrcr. ' ' - Swam before me this...... ..................day of....---............,... .....,... .... ......L• __ .. .................. {Acknowledgment by principal, if a carp:W1wj3 STATE OF NEW YORK, f covNTY OF. . 4 �V`. .............. .:�.� � MeesrY 2 nasi%a to aftech*4 ;� On Chia. . .. . :. . .......day of. .. D a c= . ................ me duly sworn,did depose and say, that he resides in.as`. !?�14 ((• A .: "LA te..D &. a` dl (latrctors, Inc. thathe is the.. . . . . . .... .. . ......... . ........ . . . .. ....of t.` ... „ ...,... .._.. . . ... ,...........-.......... _. . car-oration described in and whizi!, cro a1w. instrument; that�he�knew the seal of said coracration; that the satii allmd tb said l W--Jv-'-* ''+mss such corporate seal; that It was affixed 5y order of the Sward of Dim Asa and ttart he signed his nacre thereto by like order. Swam before me this....................... . .day of......................,..,.....,...,.... . .... . ...,... • ............... ........ ....STA3'E:0F iSlENif .� {' f .. COUNTY OF.."rle4eeu- D. ................ ecember 93' 21st 'T , On this...... .. .... .. ......day of............... ..... ...... ........... ...,.�, :�... undersigned, a Noor! Public in and for.said county, personally apFarad......,..,......,. .,..... _......_____ ...Wil1,t:am.l.- M.axaueY. ---i........... •-••- who is to ma well kmv=r ,'xAM fe£acs.:slye sir,, •d:d depose and say that he resides in.,Brooklyn, N:Y....... .. .. that he is Attorney-in-Fact of AmWist Surety Insurance Covipaa3 the corporation described in and who executed the within ins;rurnere,Wsun .'+;�7a a ,:aavra`w�sm-31 _ ofsaid corporation; that the seal affixed to said instrument is such ccrraco��saki; *stti ib,-Alanr~�et affixed by order of the Board of Directors of said corroratier.,and that.`*,,si�ad,!Tii:;narvv.*arnftt t-.Ua order. 21st S!abscribed and sworn to before me this........... day of. De.C.e41qT . ...........19.9 `„� tlwearYs alai to yi isasl +isl' A� _/�' � �� ` �' _ MMROG r, Joe-a77 IN.v-S:as•. a.:y At]►rOA/f! as >R:.�Y,:►:;, i:!O S::sC"° - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - dl, •��M:f...... w .wr i .. r w • PROPOSAL FORM DATE: NAME OF BIDDER: ��C'-V S "G 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 direct1y or indirectly, i n the performance of the contract , or the supplies relating to it , or in any portion of the profit thereof ; that he has carefully examined the contract • documents dated: DECEMBER 7 , 1993, including bidding requirements, contract , general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page) ; that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A. , Southold Town Engineering Department , Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: RESTROOM / STORAGE FACILITY D - 1 FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK • RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20'x 30' AND HAVE WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8' DIAMETER- x 8' DEEP LEACHING POOLS. THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (writtein in words) 3. 22 . (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall b 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 peri d. Signature of Bidder: Business Address: OM n.c'k— Telephone Number: 4 (,,2-— I (,�q Q Date. 70ec .22 9 !�> RESTROOM / STORAGE FACILITY ! D - 2 rs, t M STATEMENT OF NOWT-COLLUSION = - (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 udder 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E — 1 R E S O L U T I O N • Resolved that S� . a" be (Name of Corporation) authorized to sign and submit the bid or proposal of this corperation for the following Project: 0<_L'A40U (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. • The foregoing is a true and correct copy of the resolution adopted by ('00 el/ 061W� corporation at a meeting on the Board of Directors held on the / day of 19�' (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM / STORAGE FACILITY • E — 2 A ,:.,..•i;; -.:..,araA�a...._.�».- _ - .... s d.n..sa-�rs.i� PF `' - nya_..«..--e.. ...... . _.da .r ,... - "°''.�.�z''`,� . MEW 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 CERTIFICATI 1.-v G Lv✓1 �,i (Bidder) Certifies that : 1 . it intends to use the following listed construction trades in the work under the--contract C22,liaL r rs�'1 � GL_t..z �l..i g ;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 stat a 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 a subcontractor certification required by these Bi and ti ns. (Signature f Auth rized epresentative idder) • RESTROOM RAGE FACILITY F - 1 s ' THE AMER4CAN INSTITUTE OF ARCHITECT AIA Document A310 Bid Bond SUM Azz. MW IN , that we LEVER CaNSTRtl C1ff ate. 145 0a0VJX RCaAD, CaqVXX, NY 11725 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called the Principal and VIGILANT IN 9fiMXZ C.L'WANY 15 14OUNEU N VIEW RC]AD WARREN, M7 (zero insert full naves and address or legal title of Surety) a corporation duly organized under the laws of the State of 11W YC M as Surety, hereinafter called the Surety, are held and firmly bawd unto '70M OF S EFHiXD (Here insert lull name and address or legal title of owner) atu s Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF TOTAL BID AMOUNT-------- Dollars ($ 5% OF BID ) for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, +ini ,-Mors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RES LRM-SuT Onamer RAGE�ACIL�Ia description of project) AT TASKER PARR 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 obliges the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22ND day of DECEMBER 19 93 IEVER CCNSTRUCTICN CORP. (Witness) itle) VIGIIANr INSURANCE COMPANY ( ty) (Seea] ) v (Witness) /` CERT -fact AIA DOCttEff A310 • BID BOND • AIA @ • EEBRtM 1570 ED THE AMERICAN INSTITUTE OF AlCrumulS, 1735 N.Y. AVE., N.W., WA.,^AINOICN, D.C. 20006 OF MITRA TOR, IF A CATION STATE OF NEW YORK ) ss: COUNTY OF ) on the 22ND day of MEMBER in the year 19 93 before me personally came Jr.� LQ%_� IA--,O to me known, who, being by me drily sworn, dial depose and say that he resides at I that he is the L of LEVER UXWiRUC.'TICN CORP. ,the corporation described in and which executed the above instnu t; and that he signed his name thereto by order of the Board of Directors of said corporation. NO►nW—/PUBLIC CR COMMSSSICNER ��- OF DEEDS ACIMILEDGEMENT OF SURETY STATE OF NEW YCM ) ss: COUNTY OF NASSAU ) on the 22ND day of DECD in the year 19 93 , before me personally came CHRISTINE NIURRAY to me known, who, being by me duly sworn, did depose and say that he resides at SAYVILLE, NY , that he is the ATDORNEY IN FACT of VIGILANT INSURANCE , CCHPANY the corporation described in and which executed the above instnmrent; and that he signed his name thereto by order of the board of directors of said corporation. N my.,'pmIC OR C 4IISSICNER OF DEEDS POWER OF ATTORNEY • Know all Men by these Presents,That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road,Warren, New Jersey,a New York Corpora- tiolr, has constituted and appointed, and does hereby constitute and appoint William A. Marino, George 0. Brewster, Joseph J. Mark, David W. Rosehill, Christine Murray, Vincent A. Walsh, Donna M. Thomas, Nancy Schnee and Laura Catalano of Roslyn Heights, New York ------------------------------------------------- each its true and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise,bonds or obligations given or executed in the course of its business,and consents for the release of retained percentages and/or final estimates. M Witness Whereof,the said VIGILANT INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Vice-President and Assistant Secretary and Its corporate seal to be hereto affixed this 28th day of April 1993 Corporate Seal 1_� �. � VNiILJ1NT 1 URANCE COMPANY s.. .. BY ge McClellan Richard D.O'Connor 4.,7 Vice-Pnossident Asisiattart Secretary STATE OF NEW JERSEY SS County of Somerset On this 28th hey of April 19 9 3 •before me personally came Richard D.O'Connor to me known and by me known to be Assistant Secretary of the VIGILANT IN- SURANCE COMPANY,the corporation describes in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duly sworn.did depose and say that he is Assistant Secretary of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company,and that he signed said Power of Attorney as.Assistant Secretary of said Company by like authority;and that he is acquainted with George McClellan and knows him to be the Vice_President of said Company,and that the signature of said George"McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and In deponent's presence. Not ' 00 >L :� Acknowledged and Sworn to before me on the slate Men. t f3irir Ji'i� l/ ` 4t. ' P:tZLINotary Public � JAN TF,SIZA[r®rgE cERnF:cAnoN '.s, Nets Ic,sa7r STATE OF NEW JERSEY as .10s'.'1Js•20 County of Somerset } foe amines Octiabar 2.IS 94 1,the undersigned,Assistant Secretary of the VIGILANT INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on June 13.1974 and most recently amended March 3,1986 and that this By-Law is in full force and effect. "ARTICLE XV Section 2.All bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice_Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attomeys4n-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3.All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman orthe Vice-Chairman or the President or a Vice- President or an Vice-President.jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,Via Chairman,President,any Vice President.any 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 Assistant Secretaries or Anomeysin-Fact or purposes only of executing and attesting bonds and undertakins and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shell be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.- 1 further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in the State of and is also duly licensed to become sole surety on bonds,undertakings,etc.permitted or required by the laws of the United States. And 1 further cenity,that the foregoing Power of Attorney is now in full fora and effect. Given under my heed and the seal of said Companyat Warren.N.J..this d_ry of el DEC —2 19 Corporate Seal %+.. rR slant secret" w � r RFk YG+� PFAWED Farm214w'14355(Rev.1 11-92)CONSENT UNA VIGILANT INSURANCE COMPANY STATEMLNT OF ASSET r', LIABILMES AND SURPLUS TO POUCyHOLDERS Statutory Basis DECEMBER 81, 199z (n tltiouswde of doAers) LMBILMES AND SL49PLUlS TOPOUCYHOLDERS United Stator Treasury Bonds..._........._...... $ 91,389 Oubftf ding Losses and Lose EVenses_.__ S SB7,s98 Unfmd Stair=s Sommment and Federal Unearned PrerniurtrsT..__ .._ 205.744 Agency,Guaranteed Bonds_..................... 129.785 Accrued 6tpensw-._............._.__.,..._......... 10.759 Stale and Municipal Bonds.---.--_.-_. 72aPM Dividends Payable to PolicooWers...._......... 3,224 OtherBonds......«........._......._....._............... 49,957 Non-Admitted Rekwuranoe_......._.,..._....._.. 9.249 Common Stocks.._...................._ -,n-- 5.949 L om Portfok Transfer....,.,.......-_,,.....-..._ {20.772 ShortTerm IhMestmetrts ._....._............... _, 4� a Oltter Llabffaes,,,,, T'OTALINVESTMENT3................. 949;OT,f TOTAL t.IAI3lUT[ES.. »__...........___ a1s070 Investments In AfBllatex Chubb Insurance Co.of Australia.Lid...., i5.832 Capital Stock....._....................... 3.000 Chubb de Columbia Compania de Paid-In Surp(ua_.__— 3�8 �h8"uro z,SA ..-_................. 9A29 Unascignod Funds...... -........................... 189.955 Net Pr�emfuttss Rete 1.� Unrmbed Appracisdw ct Investments_._.__ 8.646 Ivabie......................._.... 58r M Reinsurat=Recoverable On Paid Losses. 4.780 SURPLUS TO POLICYHOLDERS............... Mies 0therAssets___...___w_......_... 28,1370 TOTAL LIABILmES AND SURPLUS TOTALADMiTfF1?ASSE75-_.___ $1,058}289 TO P0UCYH0LDER3-.-.-.........._._-..... 51,056,239 Inv*wUrwn%an Kdusd In aaardanco vAth toqui!ettmiks of the Naflonctl Aasodation cf kwuranco Oo jm cnam kweetrterrts valued et 57.476 aro doposged with ccvwm wrt auuttartmw as requk d by ktw. A CORRECT STATE DENT. 1 i4 .stsrrtSecrokr}la -in- ct ct 1 FORM 77-Ia-eanC�zcv�-.�� n txin • t r PROPOSAL FORM DATE: 12/22/93 NAME OF BIDDER: Bat-iac Contracting, Inc. 124 Cain Drive, Brentwood, N.y. 11717 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons , company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud , and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract , or the supplies relating to it , or in any portion of the profit thereof ; that he has carefully examined the contract documents dated : DECEMBER 7, 1993, including bidding requirements, contract , general and special conditions , specifications , contract drawings , and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bot t oM page) ; that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen , as to the conditions and requirements of the work ; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE, PECONIC, NEW YORK 11958 and all other work in connection therewith , in accordance with the contract documents and addenda, if any, prepared by James A. Richter , R.A. , Southold Town Engineering Department , Peconic Lane, Peconic , New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: RESTROOM / STORAGE FACILITY D - 1 FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20 'x 30' AND HAVE WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8' DIAMETER x 8' DEEP LEACHING POOLS. THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: �)a o1 pl r e_cL (A o I c,( S (written in words) (0C, 90c) . (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall b 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 p iod . Signature of Bidder : `� Ren Merz Business Address: 124 Cain Drive Brentwood, N.Y. 11717 Telephone Number: (516) 273-0443 Date: 12/22/93 RESTROOM / STORAGE FACILITY D - 2 . • STATEIMENT OF NON-COLLUSION - - (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 u{der 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E — 1 0 R E S O L U T I O N Resolved thatntractin Inc. (name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following Project: Tasker Park- Restroom/Storeage Facility New Building (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoing is a true and correct copy of the resolution adopted by ac n corporation at a meeting on the Board of Directors held on the 20 day of --- December 19 93 (SEAL OF THE CORPORATION) �� Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 10 FACILITY RESTROOM / STORAGE FACIL E - 2 NEW YCRK STATE AFFIRMgTIVE 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 id the certification, which will be deemed a part of the resulting cont act: following BIDDER'S CERTIFICATION Bat-Jac Contractin , Inc. Certifies that : (Bidder) 1 . it intends to use the following listed construction trades in the work under the contract t__ maRnndr Sr•av��;,, . •n house labor ;and, 2 . a• as to those trades set forth in the precediraph one hereof for which it is eligible under Pa tg1 ofathese Bid Conditions for participation in the Nassau-Suffolk County Plan it wi l l 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: Masonar 3• ;and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification re ' red by these Bid Conditions. �1 (Signature of A t orized Representative of Bidder) RESTROOM / ORAGE FACILITY F - 1 New York Surety Company 80 Cutter Mill Road Great Neck, NY 11021 Bid Bond BOND #:40443 B KNOW ALL MEN BY THESE PRESENTS, that we BAT JAC CONTRACTING, INC. 124 Cain Drive, Brentwood, N.Y. 11717 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NEW YORK SURETY COMPANY 80 Cutter Mill Road, Great Neck, New York 11021 a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) SOUTHOLD TOWN BOARD as Obligee, hereinafter called the Obligee, in the sum of ************************** EIGHT THOUSAND SEVEN HUNDRED FIFTY AND xx/100******* Dollars ($ g,750.00 ), 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; Construction of new restroom & storage facility building 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 this 20th day of December 19 93 BAT JAC C NTRACTING,INC. C �11' Principal) (;eal) (Witne s) BY: (Title y ` NEW YORK SURETY COMPANY (Su ty)el / (Seal) (Witness) BY- l/ itle) EDWARD J,. F SHTEY, At ey-in-fact State of • • ss. County of c d On this day of 19 , before me personally came o c c - X to me known, �t and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires ------------------- Notary Public ----------------- ----------------------- State of 1 ss. County of ) r C E On this day of 19 ,before me personally came o� E W if c to me known and known to me c u to be a member of the firm of Q described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ---------- ------------------------ ----------- State of Q-Q t-k i -1 On ss. County of � 1 On this day of��( , 19_LL, before me personally came c o °1 '{ ,to me known, 2 v o. c who being by me duly sworn,did depose and say that he is the--- oc---i�-- 0 Y ,C1 Q of lyAr1 the corporation described in and which executed the above instrument;"t�at he knows thesealof said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by ortfer ot-Ctte Board of Directors of said corporation,and t at he signed his name thereto by like order. - My commission expires - (L� ---------------------- �� 3 ' ' ------ Notary Public ------- State of New York County of Nassau ss. On this 20th day of December 19 93 before me personally came v E Edward J. FArshtey to me known, who, being by me duly sworn, did depose and say that rA 0 he is an attorney-in-fact of New York Surety Cc �ariy u the corporation described in and whir-h executed the within ins!rument;that he knows the corporate seal of said corporation;that the seal Q affixed to the within instrument is such corporate seal,and :hat he signed the saidinstrument andaffixed the said seal as Attorrivy-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ELLEN B.FLAT NOTARY PUBLIC,State cf�f New York i My commission expires No.4931153 </ Qualified in Nassau County Notary Public FORM # 13 2c.'•; Commission Expires May 9,1994 NEW YORK SURETY COMPANY 80 CUTTER MILL ROAD GREAT NECK, NEW YORK 11021 STATEMENT OF ASSETS, LIABILITIES AND SURPLUS AT DECEMBER 31 1992 ASSETS Bonds........................................................................................................................................................... $4,533,938 Cash & bank deposits.................................................................................................................................. 653,465 Shortterm investments................................................................................................................................ 1,149,556 Agents' balances or uncollected premiums ................................................................................................. (645,445) Funds held by or deposited with reinsured companies................................................................. 440,039 ............. . Reinsurance recoverable on loss payments.............. ..... .... ...................................................................... 139,801 Interest and dividends due and accrued....................................................................................................... 53,360 Receivable from parent, subsidiaries and affiliates ..................................................................................... 491,158 TOTALASSETS ................................................................................................................................ $6,815,872 LIABILITIES AND SURPLUS Losses and loss adjustment expense.......................................................................................................... $2,852,017 Unearnedpremiums .................................................................................................................................... 1,295,320 Funds held by company under reinsurance treaties.................................................................................... 25,989 Otherliabilities ............................................................................................................................................. 138,277 TotalLiabilities ................................................................................................................................... 4,311,603 Capitalpaid-up............................................................................................................................................. 1,000,000 Gross paid-in &contributed surplus 500,000 Unassigned funds 1,004,269 Surplusas Regards Policyholders ..................................................................................................... 2,504,269 TOTAL LIABILITIES AND SURPLUS ................................................................................................ $6,815,872 I, DAVID E. FLATOW, President of New York Surety Company,certify that the foregoing is a fair statement of Assets, Liabilities and Surplus of this Company as of the close of business, December 31, 1992 as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New York. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company this 28th day February 1993 P�,�,VRE7- - 0 "o Ar/0 O� zSEAL NEW YORK SURETY COMPANY 1983 SFW y President New York Surety Company All attthcrity hereby conferred, unless :evoked earlier, Executive Offices shall expire and terminate, without notice, unless used 80 Cutter Mill Road before midnight of December 31, 1993. Great Neck, NY 11021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Bond 40443 B That New York Surety Compan does hereby appoint: hWARD J. FARSHTEY its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed EIGHT THOUSAND SEVEN HUNDRED FIFTY AND xx/100 ($8, 750.00)DOLLARS any single instrument. IN WITNESS WHEREOF, New York Surety Company has executed these presents SUP 20th Dec e er 19 93 this d of DAVID E. FLATOW, PRESIDENT STATE OF NEW YORK ) �� COUNTY OF NASSAU ) S.S.: On this 20th day of Dec. , 19 93 before me came the above named officer of New York Surety Company of New York, ELIZABETH A.VASQUEZ to me personally known to be the individual and officer described NOTARY PUBLIC,State of New York herein, and acknowledged that he executed the foregoing instru- No.41-4968590 ment and affixed the seal of said corporation thereto by authority of Qualified in Queens County his office. Commission Expires July 2,1994 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney-in-Fact. I, Edward J. Farshtey, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing ex- cerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect. _ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 20th day of December 1993 SURE\ OOP?OR, C \ 3 �"0 Z Z 2Fw "0 Edward J. ar tey, Asslstan Secretary — I l PROPOSAL FORM DATE: December 22 , 1993 NAME OF BIDDER: D. Frantellizzi & Sons, Inc. 58-17 59th Drive, Maspeth, NY 11378 TO: SOUTHOLD TOWN BOARD TOWN HALL = 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder , declares that the only persons , company , or parties interested in this proposal as principals are named below; that this proposal is made without any connection , directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud , and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly , in the performance of the contract , or the supplies relating to it , or in any portion of the profit thereof ; that he has carefully examined the contract documents dated : DECEMBER 7 , 1993, including bidding requirements , contract , general and special conditions , specifications , contract drawings , and addenda, if any ( Note : acknowledgement of addenda and their dates must be included as indicated on bottoM page) ; that he has satisfied himself by personal examination of the proposed work , and by such other means as he may have chosen , as to the conditions and requirements of the work ; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications ) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE , PECONIC, NEW YORK 11958 and all other work in connection therewith , in accordance with the contract documents and addenda, if any , prepared by James A. Richter , R . A. , Southold Town Engineering Department , Peconic Lane , Pecon i c , New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond ; and that he wi l l start the work as directed ',by the Town , he wi l l accept , in full payment thereof as listed below: RESTROOM / STORAGE FACILITY D - 1 FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20 ' x 30 ' AND HAVE WOOD FRAME ROOF CONSTRUCTION . THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8 ' DIAMETER x 8 ' DEEP LEACHING POOLS . THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MA'TERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS . THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF : Ninety-Six Thousand (written in words ) $ 96, 000. 00 (written in numbers ) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10 ) days after notice of the acceptance of said proposal , shall b 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 peri d . Signature of Bidder : Business Address : D. Frantel izzi & Sons , Inc. 58-17 59th Drive Maspeth, N.Y. 11378 Telephone Number : ( 718 ) 894-3272 Date : December 22 , 1993 RESTROOM / STORAGE FACILITY D - 2 • STATEMENT OF NON-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 udder 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E - 1 R E S O L U T I O N Resolved that D Fra;t e l l ' "' & Sons, Inc. be (Mame of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Town of Southhold 530-95 Main Road Town Hall Southhold, N.Y. 11971 (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoing is a true and correct copy of the resolution adopted by D. Frantellizzi & Sons , Inc. corporation at a meeting on the Board of Directors held on the 21 day of December 19-93-_ r (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM / STORAGE FACILITY E — 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 D. Frantellizzi & Sons , Inc. Certifies that : (Bidder ) 1 . it intends to use the following listed construction trades in the work under the contract_ Excavation, Concrete, Masonry Painter, Carpenter, Plumber, Electrician, Roofer ; 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 stat a and non-state ) in the afore-mentioned area subject to these Bid Conditions, these trades being : Excavation, Concrete, Masonry, Painter, Carpenter, Plumber, Electrician, Roofers ; 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 certificationrequi ed by these Bid Conditions . (Si nature of orized Repr n ative of Bidder ) RESTROOM / STORAGE FACILITY F - 1 FAIR TRADE CERTIFICATION I , Anthony Frantellizzi being a principal Name of Contractor of D. Frantellizzi & Sons, Inc. herein after known Name of Company or Corporation as the "Offeror" certify by signature below that : 1) The offeror has read and understands the Notice to Bidders entitled "Fair Trade Practice" . 2) The offeror is not a contractor of a foreign country included on the list of countries that discriminate against U . S . . firms as published by the U . S . Trade Representative (USTR) ; 3) The Offeror has not or will not enter into any subcontract with a subcontractor or a foreign country included on the USTR list ; 4) The offeror will not provide any product of a country included on the USTR list; S) An offeror unable to certify in accordance with paragraphs 1 , 2 , 3 , and 4 above shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification; and 6) The offeror shall provide immediate written notice to the Contracting Officer if , at any time before the contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by eason of changed circumstances . S g ature of any/Corp. P al Title 11-2668547 Contractor Identification Number Date The making of a false , fictitious , or fraudulent certification may render the maker subject to prosecution under Title 18 , U . S .C . 1001 . THE AMERICAN INSTITUTE OF ARCHITECTS dL AIA Document A310 Bond No. WF00070513 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwv D. Frante��llizzi & sons, �Ihnc. ("VE IftseA kit"a^'fe"rid address or lellar Vile ad Centraca0 asPnnCipa 'herelna f !ca17 ^i1'Prf +cep t11�g Westchester Fire Insurance company fN m""a"telt maw and address a'tpi titre or wwr 518 Stuyvesant Avenue Lyyndhurst, NNJ 0 071—Q,615 a corporation duly organize;;unt�er the laws of tFe tate Ot New York as Surety, hereinafter called the Surety,are herd arld firmly bou.-W unto Town of Southhold Mere insert ful,naets and address or Irgal side of Owner$ 530-95 Main Road, Town Hall, Southhold, NY 11971 as Obi;gee, hereinafter called the Obligee, in the sum of 10% of amount bid NTE Twenty Thousand and 00/100 dollars Dollars «20,000.00 ), for the payment of which sum well and truly to be made, the said Principal and tete said Surety, bind ourselves, our heirs, exetuturs, administrators, successors and assigns,jointly and severaily, firmly by these presents. WHEREAS, the Principal has submitted a bid for (FWe Insert full came,address and dmthpuon of proiecU Restroom and Storage Facility NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Prineipal MWI enter into ■ Contract with the Obligee in accordance with the terms of sw h bid,and girt such bond of bonds as may be spKited ie►the bidding Of Contreet thxurnents with good and sufficient surety for the faithful performstim of succi Contract and for the prompt payment of lapor and material furnisheq in the orosecution dhdneot,of in the event of the,failure of the Prinelpaf to enter such Contract ind sive such bond or bonds,if the Principal shalt pay to the Obii$4 the d;fFerenee"Ot to exeeti4 the penal ty hereof between the a-nount specified in said bid AM such larger amount for whkh the obllgee relay in good Entre contract with another party to perform the Work covered by said bid,then this abligation shalt be null and void,othe wise to re, in in fur force and effect. Signed and sealed this 22nd day of December 19 93 Frante_llizzi & Somas enc (Piirtcipaf) (sed) (Witness) fTit111) S Westc es er Fire In _ (Surf!) (Seat) (Witnes!) / f'lL�► (Ti Adel M. Bland Attorney—ire—L act CAUTiON: You should sign original AIA documaint which has this caution printed in red. An original assure$that Changes will not be obecuredos may occur when doeurnenls ere r0oroduced. AIA DOCUMENT A310.910 3ONQ•tit",0•FEBRVARY 1970 ED•TME AMARICAN INITITVT1 OF ARCHITECTS, 1735 N.Y. AVL, F,W.. WrWfINGTON, D.G 20006 THE CONSENT OF SURETY CONTAINED HEREIN IS LIMITED TO A CONTRACT AWARD NOT TO EXCEED ' WOO 000.00 41=FE8 O�,,g13R1~TY (To be Completed by Each Bidder) . Bond No. WF00070513 In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men , the following surety: - Westchester Fire Insurance Company SURETY .COMPANY D. Frantellizzi & Sons, Inc. Signed: (Bidder; CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company. In the event that the above Proposal is aooepted and the contract for the work is awarded to said Frantellizzi & Sons Inc. (Bidder's Name) the westchester Fire Insurance Company (Surety company) will execute the Surety Bonds as herein-before provided. W tc ster ire Ins ranee Company S a fined; Authorized Official , gent or Attorney Adel M. Bland Attorney-in-Fact Data: 12/22/93 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK Iffi SUBMITTED IN LIEU OF 610 BOND, OR BID MAY se REJECTED. RESTROOM / STORAGE FACILITY ACKNOWLEDGEMENT OF SURETY State of New Jersey I WF-00070513 F ss. County of Bergen i On 12/22/1993, before me personally came Adel M. Bland to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Westchester Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. LISA V. DELLAGLIO NOTARY PUBLIC OF NEW JERSEY n ,, MY COMMISSION EXPIRES SEPT.22.1998 7" "`�-� 1 I My commission expires V Notary Public Fam M22 (01/91) WEST CHESTER FIRE INSURANCE COMPANY NEW YORK, NEW YORK STATEMENT AS OF DECEMBER 31, 1992 ASSETS LIABILITIES AND SURPLUS Bonds . . . . . . . .. . . . . . $1,300,639,750 Losses and Stocks: Adjustment Preferred . . . ... . . . . $ 0 Expenses . . . . . . .. .. $1,018,219,968 Common . . . ... . . . . 92,709,127 92,709,127 Taxes and Real Estate . . . .. . . . . . 6,391,385 Expenses . . .. . . . . .. 22,362,777 Cash and Bank Unearned Deposits . . . . .. . . . . 8,542 Premiums . . . .. . . .. 116,744,809 Short Term Other Liabilities. .. . . . 151,742,949 Investments. . .. . . . . 153,603,678 Capital. . . . . .. .. .. .. . $2,500,000 Premium Balances Paid in and Receivable.. . . .. . . . 84,571,531 Contributed Equities and Deposits Surplus 130,160,715 in Pools and Other Surplus. . . .. . . . 253,171,396 Associations . .. . . .. 9,011,644 Surplus to Other Assets . . . .. . . . . 47,966,957 Policyholders ... . .. 385,832,111 Total Admitted Assets $1,694,902,614 Total Liabilities and Surplus $1,694,902,614 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. STA TE OF NEW JERSEY SS: COUNTY OF MORRIS GEORGE J. RACHMIEL, Senior Vice President & Treasurer and MICHAEL A. SANDRI, Vice President of the Westchester Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1992 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors,except as herein- before indicated,and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1992 according to the best of their information, knowledge and belief, respectively. k.�'UUL U corpora8on's Senior Vice President & Treasurer seal Sworn to and Subscribed before me this _ 5th day of April, 1993. Assistant Vice President Qamk' m. , DAWN M. BIAMONTE No,afial NOTARY PUBLIC OF NEW JERSEY seal My Commission Expires July 25, 1993 s • POWER OF ATTORNEY WESTCHESTER FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Robert A. Nicosia, Richard L. Quackenbush, Margaret A. Nicosia, Richard Ingram, Michelle Nicosia, and Adel M. Bland of Lyndhurst, New Jersey, each its true and lawful Agent(s) and Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings. and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of September , 19 93. S,&ESTFR� Attest: WESTCHESTER FIRE INSURANCE COMPANY Assistant Secretary Charles R. Van Buskirk Vice President Richard A. Annese STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) ' On this 7th day of Se tember , 19 93 , before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of the Westchester Fire Insurance Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to tboteaid4ytrument by the authority and direction of the said Company. �� ••�`-' •'•."iii IN TESTIMONY W h.. C I havAef�unto set my hand and affixed my seal at the Township of Morris, the day and year fiat`a„pMeliv " (Signed) ,,,,77 r (S ) ~ 51 i n J Notary Public `� NOTARY PURL C Cr E�E`4.t10 JERSEY MY COMMISSION EXPIREs.u❑v ox This Power of Attorney is granted pursuant to Article IV of the By-Laws of the WESTCHESTER-FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice-President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced . . . The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. _ Signed and sealed at the Township of Morris, New Jersey, dated 22ndday of December , 19 93 By Assistant Secretary Herbert H. Linder q J SPECIFICATIONS: $25.00 NON-REFUNDABLE FEE. $2.90 postage. . BID - TASKER PARK BUILDING BID OPENING: 11 :00 A.M., Wednesday, December 22, 1993 1. Town Clerk's copy. 2. Dodge Reports. 3. Brown's Letters. 4. R. C. Edwards Construction and Concrete Co. , PO Box 2037, Aguebogue, NY 11931 722-4451 12/13 5. East Area General Contractors Inc. , 823-C North Hwy. , Southampton, NY 11968 283-2244 12/14 6. J. R. Home Improvements, 36 South Street, Greenport, NY 11944- 477 2904 12/16 7. Construction Consultants, 125A W. Broadway, Port Jefferson NY 11777 474-4774 Joel Itzkowitz, Pres. Fax 474-4770 12/16 8. Bat-Jac Contracting Inc. , 124 Cain Dr. , Brentwood NY 11717 273-0446 12/16 9, Lever Construction Corp. , 145 Commack Rd. , Commack NY 11725 462-1680 10. Dominion Construction Corp. , 71 Carolyn Blvd. , Farmingdale NY 12/17 11 . D & F Masonry, Shoreham, 821-8088 12. Misnumbered There is no number 12. 12/17 13. D. Frentellizzi S Sons Inc. , 58-17 59th Drive, Maspeth NY 11398 Att: Alex 718-894-3272 12/1714. Jim Sage Electric, Inc. , P.O. Box 38, Greenport, NY 11944 - 477-2118 12/1715. Terry Contracting 8 Materials, Inc. , 840 W. Main St. , Riverhead, N.Y. 727-0170 12/1716. Sypher 8 Reeves Asphalt Paving Corp. , 950 W. Main St. , Riverhead, NY 11901-369-1378 i SPECIFICATIONS: $25.0 NON-REFUNDABLE FEE. $2.90 postage. BID - TASKER PARK BUILDING - BID OPENING: 11 :00 A.M., Wed., Dec. 22, 1993. 17. 18. 19. 20. 21 . 22. 23. 24. 25. COUNTY OF SUFFOLK ss: STATE OF NEW YORK - . -NOTICE TO BIDDERS, Patricia Wood, being duly sworn, says that she is the , NOTICE IS HEREBY Editor-, of THE LONG ISLAND TRAVELER-WATCHMAN GIVEN, in accorddnce with a public newspaper printed at Southold, in Suffolk County; the Provisions of Section 103 and that the notice of which the annexed is a printed copy, of the General municipal Law, IMS I)Cell ,published in said Long ISIalld -1'1'; V IC1-W;ltCh1ll11 that sealed bids are sought and once each week for. . . . . .. . . . . . . . . . . . . . . . e e'k,11 requested by the Town Board of the Town of Southold for the construction of a concrete Successively, commencing on the . . . . . . . . . . . . . . . . . . . . . block building to house Storage and restroom facilities at the Robert W. Tasker da w-0.I. . . . . . 19 Memorial Pirk,Peconic Lane, PecOniq New York.Specirica- ,he tions may be obtained,,at t Office of the Town Clerk, Town Hall,53095 Main Road, Southold,,New York 11971., The sealed bids,together worn to before tile this . . . . . . . . . . . . . . . . . . with. a, non-collusive bid cer- day o f tificatA will be received by the Town Clerk of the Thwn of Southold at the Southold Town Hall,53095 Main goad, Southold, New York, until 11:00 A.M,, Wednesday., December 22, 1993, at.,which time they will be opened and . . . . . . . . . . . . . . . . . . el . . . . . . . . . read aloud in Public The Notary Public 7bwn Board of the.Town of BARBARA A. SCHNEIDER Southold reserves the right to NOTARY PUBLIC, State of Nle�v York reject any and all informality No. 4806346 in any bid should Id it be in the Qualified in Suffolk County best interest of the Town of Commission Expires 8 3i/9y Southold to do SO. All bids must be signed and sealed.in envelopes pi ainly marked "Bid on Tasker Park Building," and submitted to the Office of the Town Clerk. The bid price shall not include any tax,federal,state,or local, form which the Town *of Southold is exempt. Dated: December 3, 1993. JUDITH T. TERRY SOUTHOLD TOWN'C I LERK IX-12/9/93 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 3rd day of December 1993 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971 . Legal Notice, Notice to Bidders, Improvements to the Robert W. Tasker Memorial Park - construction of a concrete block building and restroom facilities. Bid opening 11 :00 A.M. , Wednesday, December 22, 1993, Southold Town Clerk's Office. Judith T. Terry Southold Town Clerk Sworn to before me this 3rd day of December , 1993. 'Notary Plublic LINDA J.COOPER Notary Public,State of New York No.4822563,Suffolk County Term Expires December 31,19_. 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 by the Town Board of the Town of Southold for the construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York. t Specifications may be obtained at the Office of the Town Clerk of the Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971 . The sealed bids, together with a non-collusive bid certificate, will be received by the Town Clerk of the Town of Southold at the Southold Town i Hall, 53095 Main Road, Southold, New York, until 11 :00 A.M., Wednesday, December 22, 1993, 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 informality in any bid should it be 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 Tasker Park Building", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which j the Town of Southold is exempt. Dated: December 3, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * PLEASE PUBLISH ON DECEMBER 9, 1993 and DECEMBER 16, 1993, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Comm. Dev. Admin. McMahon Comm. of Public Works Jacobs Dodge Reports Brown's Letters Town Clerk's Bulletin Board i i i i i at EGA! 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 by the Town Board of the Town of Southold for the construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York. Specifications may be obtained at the Office of the Town Clerk of the Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971 . The sealed bids, together with a non-collusive bid certificate, will be received by the Town Clerk of the Town of Southold at the Southold Town 11 na:11, 53095 Mao: Road, Southold, New York, until 11 :00 A.M., Wednesday, December 22, 1993, 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 informality in any bid should it be 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 Tasker Park Building', and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: December 3, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 9, 1993 and DECEMBER 16, 1993, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Comm. Dev. Admin. McMahon Comm. of Public Works Jacobs Dodge Reports Brown's Letters Town Clerk's Bulletin Board o��FFO[K�OG JUDITH T. TERRY L TOWN CLERK �_ Z Town Hall, 53095 Main Road REGISTRAR OF VITAL STATISTICSil� T P.O. Box 1 179 MARRIAGE OFFICER r V� Southold, New York 11971 or Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 23, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of a concrete block .building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk November 24, 1993 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 by the Town Board of the Town of Southold for the construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York. Specifications may be obtained at the Office of the Town Clerk of the Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971 . The sealed bids, together with a non-collusive bid certificate, will be received by the Town Clerk of the Town of Southold at the Southold Town Hall, 53095 Main Road, Southold, New York, until 11 :00 A.M., Wednesday, December 22, 1993, 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 informality in any bid should it be 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 Tasker Park Building", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: December 3, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 9, 1993 and DECEMBER 16, 1993, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Comm. Dev. Admin. McMahon Comm. of Public Works Jacobs Dodge Reports Brown's Letters Town Clerk's Bulletin Board FO��-�oG JAMES C. MCMAHON = yt SCOTT L. HARRIS Administrator coo Z Supervisor Telephone (516) 765-1892 Oij� �� Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT AGENCY Dear Contractor: Please find the enclosed bid package for the construction of the restrooms and storage facility at the Robert W. Tasker Memorial Park. The first part of this bid package includes the building plans and agecsh uld besdirectedutotJamieoRichterpattthe Southold1Town package should Engineering Department at ( 516-765-3070) . This project is being funded by the Department of Housing and Urban Development (HUD) , therefore, the federal labor-standards and wage rates apply. The second part of this bid package includes the Housing and Urban Development (HUD) requirements. Any questions on this portion of the bid package should be Development a directed to Jaes McMahon ttheSouthold Town Commune yevelopment O S P E C I F I CAT I ON S RFSTROCyM - S T. aR�AGE FAC I L. I T' Y TA S KE R PARK CARRO L L AVE NUE P E CONIC , NEW YORK 1 1 9 5 8 ]DECEMBER 7 1993 SMSOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, N.Y. P E CONI C P E CON I C , NEW YORK 1 1 9 5 8 516 - 765 - 3070 PROJECT DESCRIPTION RESTROOM / STORAGE FACILITY CARROLL AVENUE , PECONIC, NEW YORK THIS PROJECT INCLUDES THE CONSTRUCTION OF A 20' x 30' ONE STORY CONCRETE BLOCK BUILDING. FOUNDATION : CONCRETE FOOTINGS WALLS: 8" CONCRETE MASONRY UNITS FLOOR: 4" CONCRETE SLAB STRUCTURAL FRAMING: 2x8 ROOF RAFTERS - 2x6 CEILING JOISTS ROOF : ASPHALT ROOF SHINGLES DOORS: HOLLOW METAL DOORS & FRAMES PLUMBING: SYSTEM DESIGNED BY • CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS ELECTRICAL: SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC SYSTEM: SEPTIC TANK & LEACHING POOLS SITE WORK: INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, STONE BLEND & FILL. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958 - ATTENTION - JAMES A. RICHTER, R .A. ( 516 ) - 765 - 3070. The foregoing project description is provided for general information only. It is not a part of contract documents . For the specific provisions and requirements of this project , please refer to the full Specifications and Contract Drawings. • • • • INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid A - 1 through A - 1 Instructions to Bidders B - 1 through B - 3 Index to Drawings C - 1 through C - 1 Proposal Form D - 1 through D - 2 Statement of Non-Collusion E - 1 through E - 2 N.Y.S. Affirmative Action Certification F - 1 through F - 1 AIA Bid Bond AIA Document # A310 Offer of Surety G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions AIA Document # A201 Supplementary General Conditions H - 1 through H - 2 AIA Performance Bond AIA Document # A311 Maintenance Bond J - 1 through J - 2 General Release K - 1 through K - 1 Prevailing Wage. Rates L - 1 Compliance with the Labor Law & Other Dept . of Labor Regulations M - 1 through M -10 Non-Discrimination Clause N - 1 through N - 2 DIVISION ONE - GENERAL REQUIREMENTS Summary of Work 1010 - 1 through 1010 - 1 Applicable codes 1080 - 1 through 1080 - 1 Construction Facilities & Temporary Controls 1500 - 1 through 1500 - 1 Substitutions 1600 - 1 through 1600 - 2 DIVISION TWO - SITEWORK Site Preparation 2100 - 1 through 2100 - 1 Earthwork 2200 - 1 through 2200 - 3 INDEX TO SPECIFICATIONS (continued) DIVISION THREE - CONCRETE Concrete Work 3000 - 1 through 3000 - 2 DIVISION FOUR - MASONRY Mortar Masonry Accessories 4100 - 1 through 4100 - 1 Masonry 4150 - 1 through 4150 - 1 4200 - 1 through 4200 - 2 DIVISION FIVE - METALS Metals 5500 - 1 through 5500 - 2 DIVISION SIX - WOOD AND PLASTIC Rough Carpentry 6100 - 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Waterproofing Asphalt Roofing 7100 - 1 through 7100 - 2 7500 - 1 through 7500 - 1 DIVISION EIGHT - DOORS & WINDOWS Metal Doors & Frames 8100 - 1 through 8100 - 2 Finish Hardware 8700 - 1 through 8700 - 3 DIVISION NINE - FINISHES Painting 9900 - 1 through 9900 - 3 INDEX TO SPECIFICATIONS (Continued) DIVISION TEN - SPECIALTIES Specialties 10800 - 1 through 10800 - 2 DIVISION ELEVEN - EQUIPMENT This Division Not Used DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - MECHANICAL Plumbing 15100 - 1 through 15100 - 1 DIVISION SIXTEEN - ELECTRICAL Electrical 16000 - 1 through 16000 - 2 0 • INVITATION TO BID PROJECT: RESTROOM / STORAGE FACILITY - TASKER PARK CARROLL AVENUE, PECONIC, NEW YORK 11958 The town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of the Restroom / Storage Facility located at Tasker Park on Carroll Avenue in accordance with the Drawings & Specifications prepared by James A. Richter, R.A. , Southold Town Engineering Department , Peconic Lane, Peconic, New York . Bids will be received at the office of the Southold Town Clerk , Southold Town Hall , 53095 Main Road , Southold, New York 11971 , until 11 : 00 AM, Wednesday, December 22, 1993. All specifications are provided herein : drawings to be attached . A fee of twenty-five dollars ($ 25 . 00) , cash or check, made payable to the Town of Southold will be required for one ( 1 ) copy of the Contract Documents . There are no refunds . This invitation to bid is not an offer and shall in noway bind the Town of Southold to award a contract for performance of the Project . Should the Town of Southold decide to award a contract , it shall be awarded to the lowest responsible bidder . The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt . The CONTRACTOR SHALL NOT withdraw his bid during this period . Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not . Dated: December 3, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM / STORAGE FACILITIES A - 1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials , plant , equipment , tools, shoring or bracing, or other facilities , & to perform all labor and servicesscaffolnecessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect . Each proposal must be signed in writing with the full name and address of bidder . Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal " bearing title of work , and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder ' s bond or the certified checks accompanying such proposals as, in his judgement , would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied . C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof . Should a bidder find discrepancies in or omissions from the drawings , specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders . RESTROOM ✓ STORAGE FACILITY B - 1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present . E. AWARE OF CONTRACT Award of contract will be made as soon as practical . a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by bidder. The competency and successful responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid , or to reject any or all bids . The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum) " . The Town will either award the project or reject all received within forty-five (45 ) days after the formal opening proposals proposals . The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal . The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and Payment bonds made by a Surety Company, as stipulated herein . The amount of the bonds shall not be less than one hundred percent ( 100%) of the contract price of the work . F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative 's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal . At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. RESTROOM / STORAGE FACILITY B - 2 G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected ; any proposal accompanied by an insufficient or irregular certified check or bidder' s bond bay be rejected , any proposal having interlineation, erasure or corrections may be rejected . H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control , plant and equipment of the character and in the amount required to complete the proposed work within the specific time . I . TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person ; or if a firm or corporation, a duly authorized representative shall so appear , and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten ( 10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal . The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder ' s bond accompanying the Proposal of such bidder shall be retained by the Town , not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may , at there option , determine that such bidder has abandoned the Contract , and thereupon, his proposal and acceptance thereof shall be null and void , and the Town shall be entitled to liquidated damages as above provided . J . TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten ( 10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by h i m in his Proposal , but not more than ninety (90) working days. RESTROOM / STORAGE FACILITY B - 3 INDEX TO DRAWINGS T-1 TITLE SHEET CIVIL C-1 SITE PLAN C-2 SEPTIC SYSTEM PLAN PLUMBING SCHEMATIC & RELATED DETAILS ARCHITECTURAL A-1 FOUNDATION PLAN & FLOOR PLAN A-2 WALL SECTION & RELATED DETAILS A-3 FRAMING PLAN & RELATED DETAILS A-4 ELEVATIONS ELECTRICAL E-1 ELECTRICAL LAYOUT PLAN & RELATED DETAILS RESTROOM / STORAGE FACILITY C - 1 PROPOSAL FORM DATE: NAME OF BIDDER : TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder , declares that the only persons , company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection , directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud , and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract , or the supplies relating to it , or in any portion of the profit thereof ; that he has carefully examined the contract documents dated : DECEMBER 7 , 1993, including bidding requirements , contract , general and special conditions, specifications , contract drawings , and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page) ; that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen , as to the conditions and requirements of the work ; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct , perform and complete the work at : TASKER PARK - RESTROOM / STORAGE FACILITY CARROLL AVENUE, PECONIC, NEW YORK 11958 and all other work in connection therewith , in accordance with the contract documents and addenda, if any, prepared by James A. Richter , R.A. , Southold Town Engineering Department , Peconic Lane, Peconic , New York 11958, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond ; and that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: RESTROOM ,/ STORAGE FACILITY D - 1 FURNISH AND CONSTRUCT A ONE STORY CONCRETE BLOCK RESTROOM / STORAGE FACILITY. THE SIZE OF THE FACILITY SHALL BE 20' x 30' AND HAVE WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 2- 8' DIAMETER x 8' DEEP LEACHING POOLS. THE ELECTRICAL & PLUMBING INSTALLATIONS SHALL HAVE COMPLETE WORKING, FULLY FUNCTIONING & PROPERLY BALANCED SYSTEMS. PROVIDE ALL EXCAVATIONS & BACKFILL MATERIAL AND SHALL FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words ) (written in numbers ) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall b have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45 ) days after the date of receiving the bids . We the undersigned , further agree that this proposal is a formal bid and. shall remain in effect for a period of forty-five (45 ) days , the Town will accept or reject this proposal or by mutual agreement may extend this time period . Signature of Bidder : Business Address : Telephone Number: Date : RESTROOM / STORAGE FACILITY D - 2 STATEMENT OF NON-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 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 fire district orany agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by Such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 udder 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 signator of this bid or proposal in behalf of the corporate bidder. RESTROOM / STORAGE FACILITY E — 1 R E S O L U T I O N Resolved that be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoing is a true and correct copy of the resolution adopted by corporation at a meeting on the Board of Directors held on the day of 19 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM / STORAGE FACILITY E — 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 Certifies that : (Bidder) 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 certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) RESTROOM / STORAGE FACILITY F - 1 1 THE AMERICAN INSTITUTE OF ARCHITECTS fo AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) 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 this day of 19 (Principal) (Seal) (Witness) (Title) (Witness) (Surety) (Seal) (Title) You should sign an original AIA document i,t;ir_h has this cauiion printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ' wt� OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men , the following surety : SURETY COMPANY Signed : (Bidder ) CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (Bidder ' s Name) the (Surety Company) will execute the Surety Bonds as herein-before provided . Signed :_ Authorized Official , Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM / STORAGE FACILITY G - 1 • . • • T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUAIENT 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 10. 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 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK 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, 196(i, 1967, 1970, 1976,©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.,20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. ®I CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION a FOURTEENTH EDITION 01.1987 1 AIA® •U 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. INDEX Acceptance of Nonconforming Work . . . . . . . . . 9.6-6,9.9.3,12.3 Building Permit . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.1 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1.4 Access to Work. . . . . . . . . . . . . . .. . . . . . . .. . . . 3.16,6.2.1,12.1 Certificate of Substantial Completion. . . . . . . . . . . . . . . . . . . . 9.8.2 Accident Prevention. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 4.2-3,10 Certificates for Payment. . . . . . . 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions . 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 4.3.9,8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval . . . . . 3.12.11, 135.4 Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1.1.1,3.11 Certificates of Insurance . . . . . . . . . . . . . . . . . . 9.3.2,9.10.2, 11.1.3 Additional Cost,Claims for . . . . . . . . . 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Change Orders. . . . . . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspections and Testing. . .. .. . 4.2.6,9.8.2,12.2.1,13.5 7.1,7.2, 7.3.2,8.3.1,9.3.1.1, 9.10.3, 11.3.1.2, Additional Time,Claims for. . . .. .. . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2 11.3.4, 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . . . . . . . 3.3-3,41,9.4,9.5 Change Orders,Definition of. . . . . . . . . . . . . . .. .. . . . . . . . . 7.2.1 Advertisement or Invitation to Bid . . . . . . . . . . . . .. . . . .. . . . 1.1.1 Changes. . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . .. 7.1 Aesthetic Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.13,4.5.1 CHANGES IN THE WORK . . . . 3.11,4.2.8,7,8.3.1,9.3.1.1, 10.1.3 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 Claim,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.1 Ail-risk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.1.1 Claims and Disputes . . . .. . . . . . . . . . . . 4.3,4.4,4.5,6.2.5,8.3.2, Applications for Payment . . 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.3-1.2,9.3.3,9.10.4, 10.1.4 9.8.3,9.10.1, 9.10.3,9.10.4, 11.1.3, 14.2.4 Claims and Timely Assertion of Claims . . . . . . . . . . . . . . . . 4.5.6 Approvals . . . . 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8,3.18.3, Claims for Additional Cost. . . . . . . . 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time. . . . . . . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration . . . . . . . . . . . . . . . . . . . . . 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions. . . . . . . . . . . 4.3.6 8.3.1, 10.1.2, 11.3.9, 11-3.10 Claims for Damages. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 Claims Subject to Arbitration. . . . . . . . . . . . . . . . . 4.3.2,4.4.4,4.5.1 Architect.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.1 Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.15,6.3 Architect,t{xtent of Authority. . . . . . . . 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period . . . . . . . . . . 13.7 4.4, 5.2,6.3, 7.1.2, 7.2.1, 7.3.6, 7.4,9.2,9.3.1, Commencement of the Work,Conditions Relating to . . . . . . . 2.1.2, 9.1, 9.5, 9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 135.1, 13.5.2, 14.2.2, 14.2.4 6.2.2,8.1.2,8.2.2,9.2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility . 3.3.3,3.12.8, Commencement of the Work,Definition of. . . . . . . . . . . . . . . 8.1.2 1.12.11, -t.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10,4.2.12, Communications Facilitating Contract 4.2.13, 4.3.2, 5.2.1, 7.4,9.4.2,9.6.4,9.6.6 Administration . . . . . . . . . . . . . . . . . . . . . . . . 3.9.1,4.2.4,5.2.1 Architect's Additional Services and Expenses . . . . . . . . . . 2.4,9.8.2, Completion,Conditions Relating to . . . . . . . 3.11,3.15,4.2.2,4.2.9, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.3.2, 9.4.2,9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 Architect's Administration of the Contract. . . . . . . . . . 4.2,4.3.6, COMPLETION,PAYMENTS AND. . . . . . . . . . . . . . . . . . . . . . . . . 9 4.3.7, 4.4,9.4, 9.5 Completion,Substantial. . . . . . . . . 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 9.8, 9.9.1, 12.2.2, 13.7 Architect's Authority to Reject Work . . . . 3.5.1,4.2.6,12.1.2,12.2.1 Compliance with Laws. . . . . . 1.3,3.6,3.7,3.13,4.1.1, 10.2.2, 11.1, Architect's Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.3 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Architect's Decisions. ,. . . . . . . . 4.2.6,4.2.7,4,2.11,4.2.12,4.2.13, Concealed or Unknown Conditions. . . . . . . . . . . . . . . . . . . . . 4.3.6 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, Conditions of the Contract . . . . . . . . . . . . . . . . . . 1.1.1, 1.1.7,6.1.1 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 Consent,Written . . . . . . . . . . . . . . . . . . 1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections . . . . . . . . . . . 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 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, 9.9.2,9.10.1, 13.5 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Architect's Instructions. . 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations. . . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 1.1.4's Architect's On-Site Observations . . . . . . . . 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of. . . . . . . . . .. . . . 7.3.1 9.5.1,9.10.1, 13.5 Construction Change Directives . .. . 1.1.1,4.2.8,7.1,7.3,9.3.1.t Architect's Project Representative . . . . . . . . . . . . . . . . . . . . . 4.2.10 Construction Schedules,Contractor's . . . . . . . . . . . . . . . 3.10,6.1.3 Architect's Relationship with Contractor . . . . . . . 1.1.2,3.2.1,3.2.2, Contingent Assignment of Subcontracts . . . . . . . . . .. . .. . . 5.4 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4, Continuing Contract Performance . . . . . . . . . . . . .. . . . . .. 4.3.4 4.2.6, 4.2.12, 5.2,6.2.2, 7.3.4, 9.8.2, 11-3.7, 12.1, 13.5 Contract,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1.1.2 Architect's Relationship with Subcontractors. . . . 1.1.2,4.2.3,4.2.4, CONTRACT,TERMINATION OR 4.2.6,9.6.3,9.6.4, 11.3.7 SUSPENSION OF THE . . . . . . . . . . . . . . . . . . 4.3.7,5.4.1.1,14 Architect's Representations. . . . . . . . . . . . . . . . . 9.4.2,9.5.1,9.10.1 Contract Administration . . . . . . . . . . . . . . . . . . . . . 3.3.3,4,9.4,9.5 Architect's Site Visits . . . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to. . .... 3.7.1, 9.8.2,9.9.2,9.10.1, 13.5 3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11.-4.1 Asbestos . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . 10.1 Contract Documents,The . . . . . . . . . . . . . . . . . . . . . .. 1.1, 1.2,7 Attornevs'Fees . . . . . . . . . . .. . . . . . . . . . . . . 3.18.1,9.10.2, 10.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3,2.2.5,5.3 Award of Separate Contracts. . . . . . . . .. . . . . . .. . . . . . . . . . . 6.1.1 Contract Documents,Definition of . . . . . . . . . . . . .. . . ... .. 1.1_1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration. . . . . . . . . . .. 4.3.4,4.5.3 Portions of the Work . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . 5.2 Contract Sum. . . . . . . . . . . . . . . . . . . 3.8,4.3.6, .8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions. . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . . 1.1 6.1.3, 7.2, 7.3,9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements. . . . . .. . . .. .. .. . 1.1.1,1.1.7,5.2.1,11.4.1 Contract Sum,Definition of. . . . . . . . . . . . . . . . ....... .... 9.1 Boiler and Machinery Insurance . .. .. .. .. . .. . . . . . . . .. 11.3.2 Contract Time . .. . . . . . . . .. . . . . . 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Bonds,Lien . . . . . . . . . .. .. .. ............ ... .. .. .. . . 9.10.2 8.2.1,8.3.1,9.7, 12.1.1 Bonds,Performance and Payment. .. .. 7.3.6.4,9.10.3,11.3.9,11.4 Contract Time,Definition of. .. . . . .. . . . .. . ............ AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 2 A201.1987 AIAG •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 ion 'WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecut _3 ..:f.+licrA.: ..:... .�, .. :;:.• � .�3Ya3°�,+xEl9w*r,.fia+r+a.,,ds:, ... �„s:..:.�.,. ...-_. ,.M�...�.-Y,� ..;:� • CONTRACTOR . . . . . . . . . Contractor,Definition of 4444 . 3 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.7,10.3 3.1,6.1.2 Employees,Contractor's . . . .. . . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18.1, Contractor's Bid. . . . . . . . . . . . . . . . . . . . Contractor's Construction Schedules 38.2 , 4.2 and 1 3, 6,8.1.2, 10.2, 10.3,t.1 .6,1, 143.51 43 5111 .. . . . . .. . . .. . .101.1.1,6.1.3 Equipment,Labor Contractor's Employees . . . . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 4.2.6,8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance. . . . . . . . . . .. . . . 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Contractor's Relationship with Separate Contractors 11.1 Execution and Progress of the Work . . . . . . . 1.1.3, 1.2.3,3.2,3.4.1, and Owner's Forces . . 2.2.6,3.12.5,3.14.2,4.2.4,6, 12.2.5 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 Contractor's Relationship with Subcontractors 4444. . 1.2.4,3.3.2, Execution,Correlation and Intent of the 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 Contractor's Relationship with the Architect . 1.1.2,3.2.1,3.2.2, Contract Documents . . .. . .. . . . 4 . .1 . .3.8, 2 .. 3 . .3, 3.7.1 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4,4.2.6, Extensions y Time 4.3.1,4.. . . . 9.5.1 8.3, 10.3.1 Failure of Payment by Contractor. . . . . . . .. . . . . . 9.5.1.3, 14.2.1.2 4.2.12, 5.2,6.2.2, 7.3.4,9.8.2, 11.3.7, 12.1, 13.5 Failure of Payment by Owner Contractor's Representations. . 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 n 4.3.7,9.7, 14.1.3 Contractor's Responsibility-for Those Faulty Work(See Defective or Nonconforming Work) Performing the Work . . . . . . . 332Final Completion and Final Payment . . .. . . . . 4.2.1,4.2.9,4.3.2, Contractor's Review of Contract Documents. 1 2 8 3.2 3.7.3 4.3.5,9.10, 11.1.2, 11.1.3, 11-3.5, 12.3.1, 13.7 Financial Arrangements,Owner's. . . . . . . . . . . . . . . . . . . . . . . 2.2.1 Contractor's Right to Stop the Work Contractor's Right to Terminate the Contract . . . . . . . 9'7 Fire and Extended Coverage Insurance . . . . . . . . . . . . . . . . . . . 11.3 Contractor's Submittals . . . . . . . 7 • • 14.1 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7.3.6, 9.2, 9.3.1,9.8.2,9.9.1, 9.10.2, Governing Law 13.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.10.3, 10.1.2, 11.4.2, 11.4.3 Guarantees(See Warranty and Warranties) Contractor's Superintendent . . . . . . . . . . . . . . . . . . . . . . 3.9, 10.2.6 Hazardous Materials. . . . . . . . . . . . . . . . .. . . . . . .. . .. Contractor's Supervision and Construction Procedures. . . . . . 1.2.4, 10.1, 10.2.4 Identification of Contract Documents 1.2.1 Contractual Liability Insurance. . . . . . . . . . . . .. . .. . . . . . . 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers. . .. . . . . . . . .. 5.2.1 . . . . . . . . . . . 11.1.1.7, 11.2.1 Indemnification. . . . .. . 3.17,3.18,9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Coordination and Correlation 1.2.2, 1.2.4,3.3.1, Information and Services Required of the Owner. . . . . 2.1.2,2.2, 3.10, 3.12.7, 6.1.3,6.2.1 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, Copies Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.1 1 9.10.3, 10.1.4, 11.2, 1 1.3, 13.5.1, 13.5.2 Correction of Work . . . . . . . . . . . . . . . . . . . . . 2.3,2.4,4.2.1,9.8.2, Injury or Damage to Person or Property . . . . . . . . . . . . . . . . 4.3.9 Cost,Definition of . . . . . . . . . 9.9.1, 12.1.2, 12.2, 13.7.1.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . 3.3.3,3.3.4,3.7.1,4.2.2, . . . . . . . . . . . . . . . . . . 7.3.6, 14.3.5 4.2.6, 4.2.9, 4.3.6, 9.4.2,9.8.2,9.9.2,9.10.1, 13.5 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, Instructions to Bidders . . . . . . . . . . . . . . . . . .. . . . .. .. . . . . . 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, 1.1.1 Instruc[ions to the Contractor 4444 3.8.1,4.2.8,5.2.1,7, 12.1, 13.5.2 11.3.1.3, 1 1.3.4,11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Insurance. . . . . .. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2, 11 Cutting and Patching. . . . . . . . . . . . . . . . . . . . . . . . . . . 3.14,6.2.6 Insurance,Boiler and Machinery Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability11.3.2 . . . . .. . . . . . .. . . . . . . . . . 11.1 6.2.4,9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 1 1.1, 11.39 12.2.5 Insurance,Effective Date of . . . .. . . . .. . .. . . . . . . . . 8.2.2, 11.1.2 Damage to the Work . . . . . 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Insurance,Loss of Use. . . . . . . . . . . . . .. . .. . . . . . . . . . . . 11.3.3 Damages,Claims for. . 3.18,4.3.9,6.1.1,6.2.5,8.3.29 9.5.1.29 10.1.4 Insurance,Owner's Liability. . . . . . . . . . . . . . . . . . . . .. . . . . 11.2 Damages for Delay. . .. . . . . . .. . . . . . . . . . 6.1.1,8.3.3,9.5.1.6,9.7 Insurance,Pro perty Date of Commencement of the Work,Definition of. . . . . .. . . 8.1.2 ' ' • ' ' ' ' ' ' •. • • .• 12,1 1. .1.3 Insurance,Stored Materials . . . . . .. . . . . . . . .. . . . . 9.3.2, 1 1.3.1.4 Date of Substantial Completion,Definition of. . . . . . . . . . . . . . 8.1.3 INSURANCE AND BONDS 4444 . . . Day.Definition of. . . . . . . . . . . . . . . 8.1.4 11 Decisions of the Architect 4 4 4 4 . . 4.2.6,4.2.7,4.2.1 1,4.2.12,4.2.13, Insurance Companies,Consent to Partial Occupancv . .9. . . .1 1.3.11 4.3.2, 4.3.6, 4.4.1, 4.4.4,. . . 6.3, ,4.2. 7.3.8, 1,4.2 8.3.1, 9.2, Insurance Companies,Settlement with. . . . . ... .4 . 4 4 9 . . . 11.3.10 9.4,9.5.1, 9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Intent of the Contract Documents . . . .. . . . . . . . . . . . 1.2.3,3.12.4, Decisions to Withhold Certiflcation . . . . . . . . . . 9.5,9.7, 14.1.1.3 4.2.6,4.2.7,4.2.12, 4.2.13, 7.4 Defective or Nonconforming Work,Acceptance, Interest. . . . . . . . . . . . . . . . . . 13.6 Rejection and Correction of . . . . . . . . . . . . 2.3,2.4,3.5.1,4.2.1, Interpretation. . . . . . . . 1.2.5, 1.4,1.5,4.1.1,4.3.1,5.1,6.1?,8.1.4 4.2.6, 4.3.5,9.5.2,9.8.2,9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written . . . . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 Defective Work,Definition of . . . . .. . . . . . . . . . . . . . . . . . . . 3.5.1 Joinder and Consolidation of Claims Required . . . . . . . . . . . . . 4.5.6 Definitions. . . . . . 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, Judgment on Final Award . .. . . . . . . . . . ... . 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1,6.1.2, 7.2.1, 7.3.1, 7.3.6,8.1,9.19 9.8.1 Labor and Materials,Equipment . . . . 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Delays and Extensions of Time . . . . . . . . . . 4.3.1,4.3.8.1,4.3.8.2, 3.12.2, 3.12.3, 3.12.7,3.12.11,3.13, 3.15.1, 6.1.1,6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 4.2.7,6.2.1, 7.3.6,9.3.2, 9.3.3, 12.2.4, 14 7.3.9,8.1.1,8.3, 10.3.1, 14.1.1.4 Labor Disputes . . . . . . . . . . . . . . . . . . . . .. . . . .. .. . . . . . . . . 8.3.1 Disputes 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations . 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7 Documents and Samples at the Site . . . . . . . . . . . . . ... . . . . .. Drawings,Definition of 3.11 9.9.1, 10.2.2, l 1.1, 11.3, 13.1, 13.4, 13.5.1, 135.2, 13.6 1.1.5 Liens . . . . . . . . . . . . . . . . . . 2.1.2,4.3.2,4.3.5.1,8.2.29 9.3.3,9.10.2 Drawings and Specifications,Use and Ownership of. .. .. 1.1.1,1.3, Limitation on Consolidation or Joinder . 2.2.5, 3.11, 5.3 Limitations,Statutes of . . . . .. . . . .. . . . .. .. . 4.5.4.2, 12.2.6413.7 5.5 Duty to Review Contract Documents and Field Conditions. . . .. 3.2 Limitations of Authority. . . . . . . . . . .... . .. . . . 3.3.1,4.1.2,4.2.1, Effective Date of Insurance.... ............;..... 8.2.2,11.1.2 4.2.3,4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11-3.10 AIA DOCUMENT A201 -GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-FOURTEENTH EDITION AIA® -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 3 • - WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to I ASH Proaecutlon - .- •;,-` Limitations of Liability . . . . . 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, Owner's Right to Perform Construction and to 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, Award Separate Contracts . . . . . . . . . . . . . . . . . . . . . . . . . 6.1 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work. . . . . . . . . . . . . . . . . . . 2.3,4.3.7 Limitations of Time,General 2.2.1,2.2.4,3.2.1,3.7.3, Owner's Right to Suspend the Work . . . . . . . . . . . . . .. . . .. . . 14.3 Owner's Right to Terminate the Contract . . . . . . . .. . . . . . . . . 14.2 3.8.2, 3.10, 3.12.5, 3.15.1,4.2.1, 4.2.7, 4.2.11, 4.3.2, Ownership and Use of Architect's Drawings,Specifications 4.3.3, 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, and Other Documents. . . . . . . . . . . . . . . . 1.1.1,1.3,2.2.5,5.3 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, Partial Occupancy or Use 9.6.6,9.9, 11.3.11 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 P Y Patching,Cutting and . . . . . . . . . . . . . . . . . . . . . . . . . . 3.14,6.2.6 Limitations of Time,Specific . .. . . . . . . 2.1.2,2.2.1,2.4,3.10,3.1 1, Patents Royalties and 3.17 Payment, 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, y Applications for . . . . . . . . . . . . . . . . 4.2.5,9.2,9.3,9.4, 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, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4, 14.2.4 11.3-10, 11.3-11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Payment,Certificates for. . . . . . . . . . . 4.2.5,4.2.9,9.3.3,9.4,9.5, Loss of Use Insurance . . . . . . . . . . . . . . . . . . .. . . . . . . .. . 11.3.3 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 Material Suppliers . . . .. .. . . . . . . . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Payment,Failure of. . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.7,9.5.1.3, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Materials,Hazardous . . . . . . . . . .. .. . . . . . . . . . . . . . . 10.1,10.2.4 Payment,Final . . . . . . . . . . . . 4.2.1,4.2.9,'4.3.2,4.3.5,9.10,11.1.2, Materials,Labor,Equipment and . . . . . 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 11-1.3, 11-3.5, 12.3.1 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7,6.2.1, Payment Bond,Performance Bond and . . . . . . . . . . . . . . 7.3.6.4, 7.3.6,9.3.2,9.3.3, 12.2.4, 14 9.10.3, 11.3.9,11.4 Means, Methods, Techniques, Sequences and Payments,Progress . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.4,9.3,9.6, Procedures of Construction. . . . . . . . .. 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3, 9.10.3, 13.6, 14.2.3 Minor Changes in the Work. . . . . . . . . . 1.1.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . 9, 14 MISCELLANEOUS PROVISIONS . ... . . . . ... . . . . . . .. .. . . . . 13 Payments to Subcontractors . . . . . . . . . . . . . . . . . . . . 5.4.2,9.5-1.3,. Modifications,Definition of . . .. . . . . . . . . . . . . . . .. .. .. . . . 1.1.1 9.6.2, 9.6.3,9.6.4, 11.3.8, 14.2.1.2 Modifications to the Contract . . . . . . . . . . . 1.1.1, 1.1.2,3.7.3,3.11, PCB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 10.1 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Performance Bond and Payment Bond. . . . . . . . . . . . . . . . . 7.3.6.4, Mutual Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2 9.10.3, 11.3.9, 11.4 Nonconforming Work,Acceptance of . . . . . . . . . . . . .. . .. . 12.3 Permits,Fees and Notices . . . . . . . 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Nonconforming Work,Rejection and Correction of . . . . . . . . 2.3.1, PERSONS AND PROPERTY,PROTECTION OF . . . . . . .. . . . . 10 4.3.5,9.5.2,9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 Notice. . . . . . . . . . . . . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Product Data,Definition of. . . . . . . . . . . .. . . . . . . . . . . . . . . 3.12.2 3.12.9, 3.17. 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1,8.2.2,9.4.1, Product Data and Samples,Shop Drawings . . . . 3.11,3.12,4.2.7 9.5.1,9.6.1,9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion . . . . .. . . . . . . . . . . . . . 4.2.2,4.3.4,8.2 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.4,9.3, Notice,Written . . . . . . . . . . . . . . . 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 9.6, 9.8.3,9.10.3, 13.6, 14.2.3 4.1.4, 4.5, 5.2.1, 5.3, 5.4.1.1,8.2.2,9.4.1,9.5.1,9.7, 9.10, Project,Definition ofthe. . . . . . . . . . . . . . .. . . . . . . . . .. . . . 1.1.4 10.1.2, 10.2.6, 1 1.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Project Manual,Definition of the . . . . . . . . . . . . . . .. .. . . . . 1.1.7 Notice of Testing and Inspections. . . . . . . . . . . . .. . . 13.5.1,13.5.2 Project Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2?.5 Notice to Proceed. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 8.2.2 Project Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.10 Notices,Permits,Fees and . . . . . . 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2.5,11.3 Observations,Architect's On-Site . . . . . . . . . . . . . . . . . 4.2.2,4.2.5, PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . . . 10 4.3.6, 9.4.2,9.5.1,9.10.1, 13.5 Regulations and Laws . . . . . . . . . . . . 1.3,3.6,3.7,3.13,4.1.1,4.5.5, Ohservat ions,Contractor's. . . . . . . . . . . . . . . . . . . . . . . 1.2.2,3.2.2 4.5.7, 10.2.2, 1 1.1, 11.3, 13 1, 13.4, 13.5.1, 13.5.2, 13.6, 14 occupanc%.. . . . . . . . . .. . . . . . . . . . . . . . . 9.6.6,9.8.1,9.9, 11.3.11 Rejection of Work . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.1,4.2.6, 12.2 On-Site Inspections by the Architect . . . . . . . . . . 4.2.2,4.2.9,4.3.6, Releases of Waivers and Liens. . . . . . . . . . . . . . . . . . . . . . . . . 9.10? 9.4.2,9.8.2,9.9.2,9.10.1 Representations . . . . . . . . . . . . . . . . . . . . . . . . . 1.2.2, 1.5.1,3.12.', On-Site Observations by the Architect . . . . . . . . . 4.2.2,4.2.5,4.3.6, 6.2.2, 8.2.1,9.3.3,9.4.2,9.5.1,9.8?, 9.10.1 9.4.2, 9.5.1, 9.10.1, 13.5 Representatives. . .. . . . . . . . . . . . . . . . . . . . . . . . . 2.1.1,3.1.1,3.9, Orders,Written 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 4.1.1, 4.2.1,4.2.10, 5.1.1, 5.1.2, 13.2.1 12.2, 13.5.2, 14.3.1 Resolution of Claims and Disputes . . . . . . . . . . . . . . . . . . 4.4,4.5 OWNER. . . . . . . .. . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . 2 Responsibility for Those Performing the Work . . . . . . . . . . . . 3.3,2, 4.2.3,6.1.3,6.2, IO Owner,Definition of . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . 2.1 Retainage ... . . . . . . . .. . . . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Owner,Information and Services Required of the. . . . . . . . 2.1.29 Review of Contract Documents and Field 2.2, -+.3.4, 6,9, 10.1.4, 1 l.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Conditions by Contractor. . . . . . . . . . . . 1.2.2,3.2,3.7.3,3.12.7 Owner's Authority . . . . . . . . . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Review of Contractor's Submittals by '.1.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect . . . . . . . . . . . . . 3.10.1,3.10.2,3.1 1,3.12, Owner's Financial Capability . . . .. .. . . . . . .. . . .. . 2.2.1, 14.1.1.5 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2,9.8.2 Owner's Liability insurance . . . . . .. . . . . .... .. .. . . .. . . . 11.2 Review of Shop Drawings, Product Data Owner's Loss of Use Insurance... . . . .. . . . .. .. . . . . . . . . . 11.3,3 and Samples by Contractor.. . . . . . . . . .. . . .. . . . . . . .. 3.12.5 Owner's Relationship with Subcontractors ...... ... .. . . . . 1.1.2, Rights and Remedies . . . . . . . . . . . .. 1.1.2,2.3,2.4,3.5.1,3.15.2, 5.2.1, 5.4.1,9.6.4 4.2.6,4.3.6, 4.5, 5.3,6.1,6.3,7.3.1, 8.3.1,9.5.1,9.7, 10.2.5, Owner's Right to Carry Out the Work.... .... 2.4,12.2.4, 14.2.2.2 - 10.3, 12.2.2, 12.2.4, 13.4, 14 Owner's Right to Clean Up ... ...... .... .... .. . . .. .. ... 6.3 Royalties and Patents . ... . .. ... ... ... ... .. .. . . . . . . . . 3.17 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 4 A201.1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 •. ,�;�.u►wa�a . ... .:aa; WARNING:Unlicensed photocopying obws violates U.S.copyright laand Is subject to legal pro"W"on. • • • • Rules and Notices for Arbitration . . . . . . . . . . . . . . . . . . . . . 4.5.2 Suspension by the Owner for Convenience 14.3 Safety of Persons and Property . . . . . . . . . . . . . . . . . . I . . . . 10.2 Suspension of the Work . . . . . . . . . . . . . 4.3.7,5.4.2, 14.1.1.4, 14.3 Safety Precautions and Programs . . . . . . . . . . . 4.2.3,4.2.7,10.1 Suspension or Termination of the Contract . . . . . . 4.3.7,5.4.1.1, 14 samples,Definition of . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 3.12.3 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6,7.3.6.4 Samples,Shop Drawings,Product Data and . 3.11,3.12,4.2.7 Termination by the Contractor. . . . . . . . . . . . . . . . . . . . . . . . 14.1 Samples at the Site,Documents and . . . . . . . . . . . . . . . . . . . 3.11 Termination by the Owner for Cause. . . . . . . . . . . . . 5.4.1.1,14.2 Schedule of Values . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 9.2,9.3.1 Termination of the Architect . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 Schedules,Construction . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 3.10 Termination of the Contractor . . . . . . . . . . . . . . . . . . . . . . . . 14.2.2 Separate Contracts and Contractors . . . . . . . . . . 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT . . . . . . 14 4.5.5,6, 11.3.7, 12.1.2, 12.2.5 Tests and Inspections . . . . . 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5 Shop Drawings,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . 3.12.1 TIME . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Shop Drawings,Product Data and Samples . . . . 3.11,3.12,4.2.7 Time,Delays and Extensions of . . . . . . . . . . . . . . 4.3.8,7.2.1,8.3 Site,Use of. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 3.13,6.1.1,6.2.1 Time Limits,Specific . . . . . . . . . 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 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 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, Site Visits,Architect's . . . . . . . . . . . . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6, 9.3.3,9.4.1, 9.6.1,9.7,9.8.2,9.10.2, It.1.3, 11.3.6, 11.3.10, 9.4.2,9.5.1, 9.8.2,9.9.2,9.10.1, 13.5 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.71 14 Special Inspections and Testing . . . . . . . . . . . . . . 4.2.6,12.2.1,13.5 Time Limits on Claims. . . . . . . . . 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the. . . . . . . . . . . . . . . . . . . . . . . 1.1.6 Title to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.3.2,9.3.3 Specifications,The . . . . . . . . . . 1.1.1,1.1.6, 1.1.7,1.2.4,1.3,3.11 UNCOVERING AND CORRECTION OF WORK . . . . . . . . 12 Statutes of Limitations. . . . . . . . . . . . . . . . . . . . 4.5.4.2, 12.2.6, 13.7 Uncovering Of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 Stopping the Work. . . . . . . . . . . . . 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 Unforeseen Conditions . . . . .. . . . . . . . . . . . . . . . 4.3• ,8.3.1,10.1 Stored Materials . . . . . . . . . . . 6.2.1,9.3.2,10.2.1.2,11.3-1.4, 12.2.4 Unit Prices . . . . 1 . . . . . . 1 . . . . 1 . . . . 1 . . . . . . . . . . . . 7.1.4,7.3.3.2 Subcontractor,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.1 Use of Documents . . . . . . . . . . . . . . . . . 1.1.1, 1.3,2.2-5,3.12.7,5.3 SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Use of Site . . . . . . . . . . . 1 . . . . . . 1 . . . 1 . . . 1 . . . 3.13,6.1.1,6.2.1 Subcontractors,Work by . . . . . . .•. . . . . . . . . . 1.2.4,3.3.2,312.1, Values,Schedule of 9.2,9.3.1 4.2.3, 5.3, 5.4 Waiver of Claims:Final Payment. . . . . . . . . . . 4.3.5,4.5.I,9.10.3 Subcontractual Relations. . . . . . . . . . . . . . 5.3,5.4,9.3.1.2,9.6.2, Waiver of Claims by the Architect. . . . . . . . . . . . . . . . . . . . . . 13.4.2 9.0.3,9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Waiver of Claims by the Contractor. . . . . . . . . 9.10.4, 11.37, 13.4.2 Submittals . 1.3,3.2.3,3.10,3.1 1,3.12,4.2.7,5.2.1,5.2.3, Waiver of Claims by the Owner . . . . . . . . . . . . . . 4.3.5,4.5.1,9.9.3, '.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 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Subrogation,Waivers of. . . . . . . . . . . . . . . . . 6.1.1,11-3.5,11.3.7 waiver of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.10.2 Substantial Completion. . . . . . . . . . . . . 4.2.9,4.3.5.2,8.1.1,8.1.3, Waivers of Subrogation. . . . . . . . . . . . . . . . . . . 6.1.1, I 1 3.5, 1 1.3.7 8.2.3,9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Warranty and Warranties. . . . . . . . . . . . . . . . . . . . . . . . . 3.5,4.2.9, Substantial Completion,Definition of. . . . . . . . . . . . . . . . . . . . 9.8.1 4.3.5.3,9.3.3,9.8?,9.9.1, 12.2.2, 13.7.1.3 Substitution of Subcontractors . . . . . . . . . . . . . . . . . . . . 5.2.3,5.2.4 Weather Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.8.2 Substitution of the Architect. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 When Arbitration May Be Demanded ... . . . . . . . . . . . . . . . . 4.5.4 Substitutions of Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.I Work,Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.3 Sub-subcontractor,Definition of . . . . . . . . . . . . . . . . . . . . . . 5.1.2 Written Consent . . . . . . . . . . . . . . 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, . Subsurface Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.36 4.5.5,9.3.2,9.8.2,9.9.1, 9.10.2,9.10.3, 10. 0-1-3, , Successors and Assigns 13.2 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Superintendent . . . . . . . . . . . .. . . . . . . . .. . . . . .. . . . 3.9, 10.2.6 Written Interpretations . . . . . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 Supervision and Construction Procedures . . . . . . 1.2.4,3.3,3.4, Written Notice . . . . . . . . . . . 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, -1.2.3,4.3.4,6.1.3,6.2.4,7.1-3, 7.3.4, 8.2,8.3.1, 10, 12, 14 4.5, 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, Surcty . . . . . . . . . . . . . . 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 10.2.6, 11.1.3, 1 L3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Surety,Consent of. . . . . . . . . . . . . . . . . . . . . . . 9-9-1,9 10.2,9.10.3 Written Orders. . . . . . . . . . . . . .2, 1 1 . . . . 1 2 . 1 1 1 1 . 2.3,.2, 14-.7, survevs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.2,3,18.3 7,8.2.2, 11.3.9, 12.1, iZ.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 .5 WARNING.Unlicensed photocopying violates U.S.copyright laws and is sulsfect to legal prosecution. .: s_..4�,.>,:..� :.. 1111 .• _.• .;�..., 2, ar-.,- ::,., .�. -• v. r a GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the 1.1 BASIC DEFINITIONS Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1.2 EXECUTION,CORRELATION AND INTENT Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings,.Specifications,addenda issued prior to execution of and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Owner or Contractor or both do not sign all the Contract Modifications issued after execution of the Contract. A Modifi- Documents, the Architect shall identify such unsigned Docu- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change mems upon request. Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site,become famil- Agreement, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the 1.1.2 THE CONTRACT Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary, and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements,either written or oral. The Con- ments and reasonably inferable from them as being necessary tract may he amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac tual relationship of any kind(1)between the Architect and Con- 1.2.4 Organization of the Specifications into divisions,sections tractor, (2) between the Owner and a Subcontractor or Sub- and articles,and arrangement of Drawings shall not control the subcontractor or(3)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ance with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS,SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT 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 '1'he Project is the total construction of which the Work per- formrd under the Contract Documents may be the whole ora claim a copyright in the Drawings, Specifications and other part and which may include construction by the Owner or by documents prepared by the Architect, and unless otherwise separate contractors. indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared Liles and diagrams, by the Architect, and copies thereof furnished to the Contrac- 1.1.6 THE SPECIFICATIONS tor, are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 8 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright Iwo and Is subject to legal prosecution. • • • • Work without the specific written consent of the Owner and ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 information or services under the Owner's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work. this license shall bear the statutory copyright notice, if any, 2.2.5 Unless otherwise provided in the Contract Documents, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet the Contractor will be furnished,free of charge,such copies of official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for execution of the Work. nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved 2,2,6 The foregoing are in addition to other duties and respon- rights. sibilities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion)and Article those which are (1)specifically defined, (2) the titles of num- 11 (Insurance and Bonds). bered articles and identified references to Paragraphs, Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or (3) the titles of other 2.3.1 If the Contractor fails to correct Work which is not in documents published by the American Institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry out 1.5.1 In the interest of brevity the Contract Documents fre- Work in accordance with the Contract Documents,the Owner, gticnth•omit modifying words such as"all"and"any"and arti- by written order signed personally or by an agent specifically so Iles such as "the" and "an," but the fact that a modifier or an empowered by the Owner in writing,may order the Contrac- article is absent from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. 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- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven-day period after receipt of written notice from Documents:GS if singular in number.The term"Owner"means the Owner to commence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven- relevant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to com- enforce mechanic's lien rights.Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to the property on may, without prejudice to other remedies the Owner may which the Project is located, usually referred to as the site, and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of Such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor arc both subject to prior approval of the Archi- 2.2.1 The Owner shall, at the request of the Contractor, prior tect. If payments then or thereafter due the Contractor arc not sufficient to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. 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 ARTICLE 3 evidence were Jiinrisbed on request prior to the execution of Me Agreement, the prospective contractor would not be CONTRACTOR requireel to(wecule�the Agreement or to commence the Work.J 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION characteristics, legal limitations and utility locations for the site 3.1.1 The Contractor is the person or entity identified as such of.thc Projcct, and a legal description of the site. in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIAS •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution -�. � .• ..-,.r�.<�. _ :.;; .,.. .:-- �k_: - ..,.. _� , . ., x� � ..- • • . 0 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free shall at once report to the Architect errors, inconsistencies or from defects not inherent in the quality required or permitted, omissions discovered. The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owner or Architect for damage resulting from errors,inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the ments, including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized, may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse,modifications not executed by the Contractor,improper a recognized error, inconsistency or omission in the Contract or insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage. If required by the Architect, for shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales,consumer,use and similar field conditions and shall carefully compare such field mea- taxes for the Work or portions thereof provided by the Con- surements and conditions and other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before commencing negotiations concluded,whether or not yet effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect. be reported to the Architect at once. 3.7 PERMITS, FEES AND NOTICES 3.2.3 The Contractor shall perform the Work in accordance he Contract Documents and submittals approved pun- 3.7.1 Unless otherwise provided in the Contract Documents, with t suant h Paragraph Doc the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor and which are legally required when bids are received or nego dations concluded. shall be solely responsible for and have control over construe tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees,and other persons performing laws,statutes,ordinances,building codes,and rules and regula- portions of the Work under a contract with the Contractor. tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor 3.3.3 The Contractor shall not be relieved of obligations to per form the Work in accordance with the Contract Documents shall promptly notify the Architect and Owner in writing,and necessary changes shall be accomplished by appropriate either by activities or duties of the Architect in the Architect's Modification. administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and regulations without such notice to the Architect and Owner, 3.3.4 The Contractor shall be responsible for inspection of por the Contractor shall assume full responsibility for such Work tions of Work already performed under this Contract to deter- and shall bear the attributable costs. mine that such portions are in proper condition to receive sub- sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract Documents, allowances stated in the Contract Documents. Items covered the Contractor shall provide and pay for labor,materials,equip- by allowances shall be supplied for such amounts and by such merit, tools, construction equipment and machinery, water, persons or entities as the Owner may direct,but the Contractor shall not be required to employ persons or entities against heat, utilities, transportation, and other facilities and services which the Contractor makes reasonable objection. necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selected promptly by the Owner to avoid delay in the order among the Contractor's employees and other persons Work; carrying out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all assigned to them. required taxes, less applicable trade discounts, AIA DOCUMENT A201 a GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 8 A201-1987 Au® •©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. a.-,+::�F••an:�s�r�i.lYrs,.w...c aW..Tr +�.un .�. ,:,:> ►`_�`.�11liYi . .3 Contractor's costs for unloading and handling at the which submittals are required the way the Contractor proposes site, labor, installation costs, overhead, profit and to conform to the information given and the design concept other expenses contemplated for stated allowance expressed in the Contract Documents.Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7. not in the allowances; .4 whenever costs are more than or less than allowances, 3.12.5 The Contractor shall review,approve and submit to the the Contract Sum shall be adjusted accordingly by Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- Change Order.The amount of the Change Order shall able promptness and in such sequence as to cause no delay in reflect(1)the difference between actual costs and the the Work or in the activities of the Owner or of separate con- allowances under Clause 3.8.2.2 and (2) changes in tractors. Submittals made by the Contractor which are not Contractor's costs under Clause 3.8.2.3. required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. 3.9.1 The Contractor shall employ a competent superinten- 3.12.6 The Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring submittal and review of Shop Drawings, Product Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective submit- dent shall represent the Contractor,and communications given tal has been approved by the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings, Product written request in each case. Data, Samples and similar submittals,the Contractor represents 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or 3.10.1 The Contractor,promptly after being awarded the Con- will do so, and has checked and coordinated the information tract, shall prepare and submit for the Owner's and Architect's contained within such submittals with-the requirements of the information a Contractor's construction schedule for the Work. Work and of the Contract Documents. The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsibility required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the Architect's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work. specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written 3.10.2 The Contractor shall prepare and keep current, for the approval to the specific deviation. The Contractor shall not be Architect's approval, a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop Draw- nated with the Contractor's construction schedule and allows ings, Product Data, Samples or similar submittals by the Archi- the Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 The Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention,in writing schedules. or on resubmitted Shop Drawings, Product Data, Samples or 3.11 DOCUMENTS AND SAMPLES AT THE SITE similar submittals, to revisions other than those requested by 3.11.1 The Contractor shall maintain at the site for the Owner the Architect on previous submittals. one record copy of the Drawings, Specifications, addenda, 3.12.10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified in marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, Prod- 3.12.11 When professional certification of performance criteria uct Data, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and certifi- 3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor, manufacturer, supplier or areas permitted by law, ordinances, permits and the Contract distributor to illustrate some portion of the Work. Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. fonnancc charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together properly. material,,, equipment or workmanship and establish standards by,-,vhich the Work will be judged. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the 3.12.4 Shop Drawings, Product Data, Samples and similar sub- Owner or separate contractors by cutting, patching or other- mittals are not Contract Documents. The purpose of their sub- wise altering such construction,or by excavation.The Contrac- mittal is to demonstrate for those portions of the Work for for shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •J 1087 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 9 WARNING:Unlicensed photocopying vlolates U.S.copyright laws and Is subject to legal prosecutto^ .� Owner or a separate contractor except with written consent of tect's consultants, and agents and employees of any of them the Owner and of such separate contractor;such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld.The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifrca- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving of or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the. 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect "Architect" means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties, responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement of a patent,the Contractor shall be responsible for shall be subject to arbitration. such kiss unless such information is promptly furnished to the Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tect's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims,damages, losses and expenses,includ- time to time during the correction period described in Para- Ing but not limited to attorneys'fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness, Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty(other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom,but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor,a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3.18. to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an employee of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them ill or anyone for whose acts they may be liable, the indemnifica- wThe Architect will not have control over charge and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques,sequences or procedures,or for safety precautions benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carry our the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents.The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect,the Archi- of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 10 A201-1987 AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING.Unlioettsed photocopying violates U.S.copyright lom and is sublect to"al Pte^ i • 0 • tractor,Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- 4.2.4 Communications Facilitating Contract Administra- rated in the Contract Documents. tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- 4,2,11 The Architect will interpret and decide matters concern- rized, the Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract cate through the Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect.Commu- tor. The Architect's response to such requests will be made nications by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur- review and certify the amounts due the Contractor and will. nish such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the have authority to require additional inspection or testing of the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to either and whether or not such Work is fabricated,installed or completedwill not be liable for results of interpretations or decisions so However, neither this authority of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the tect to the Contractor,Subcontractors,material and equipment Contract Documents. suppliers,their agents or employees,or other persons perform- ing portions of the Work. 4.3 CLAIMS AND DISPUTES 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of Shop Drawings, Product Data and Samples, but only for the the parties seeking,as a matter of right,adjustment or interpre- limited purpose of checking for conformance with information tation of Contract terms,payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The ments. The Architect's action will be taken with such reason- term "Claim" also includes other disputes and matters in ques- able promptness as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- actiyities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect,shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- responsibility of the Contractor as required by the Contract sion by the Architect, as provided in Subparagraph 4.4.4,shall Documents. The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tals shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due,regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect,of any construction means, the Work or(2) the extent to which the Work has been com- methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect has not received evidence or has failed to render a decision 4.2.8 The Architect will prepare Change Orders and Construe- within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in action required under Subparagraph 4.4.4 within 30 days after the Work as provided in Paragraph 7.4. the Claim is made, (4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the 4.3.3 Time Limits on Claims. Claims by either party must be Owner's review and records written warranties and related documents required by the Contract and assembled by the made within 21 days after occurrence of the event giving rise to Contractor, and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirements of the Contract Documents. the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 11 WARNING Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution 0 . • • 0 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of a Claim including arbitration,unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.9 Injury or Damage to Person or Property. If either party 4.3.5 Waiver of Claims: Final Payment. The making of final to the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party,of any of the except those arising from: other party's employees or agents, or of others for whose acts .1 liens, Claims,security interests or encumbrances aris- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements party within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. if a Claim for addi- .3 terms of special warranties required by the Contract tional cost or time related to this Claim is to be asserted,it shall Documents. be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.3.6 Claims for Concealed or Unknown Conditions. If con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES ditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ materi- 4.4.1 The Architect will review Claims and take one or more of ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature, which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3) reject the Claim in whole or in character provided for in the Contract Documents,then notice part, stating reasons for rejection, (4) recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise.The promptly before conditions are disturbed and in no event later Architect may also, but is not obligated to, notify the surety, if than 21 days after first observance of the conditions.The Archi- any, of the nature and amount of the Claim. tect will promptly investigate such conditions and,if they differ materialiv and cause an increase or decrease in the Contractor's 4.4.2 If a Claim has been resolved,the Architect will prepare or cost of, or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 If a Claim has not been resolved, the party making the Sum or Contract Time,or both.If the Architect determines that Claim shall, within ten days after the Architect's preliminary the conditions at the site are not materially different from those response,take one or more of the following actions:(1)submit indicated in the Contract Documents and that no change in the additional supporting data requested by the Architect, (2) terms of the Contract is justified, the Architect shall so notify modify the initial Claim or(3)notify the Architect that the initial the Owner and Contractor in writing, stating the reasons. Claim stands. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given 4.4.4 If a Claim has not been resolved after consideration of the notice of the decision. If the Owner and Contractor cannot foregoing and of further evidence presented by the parties or agree on an adjustment in the Contract Sum or Contract Time, requested by the Architect, the Architect will notify the parties the adjustment shall be referred to the Architect for initial deter- in writing that the Architect's decision will be made within mination,subject to further proceedings pursuant to Paragraph seven days, which decision shall be final and binding on the 4.4. parties but subject to arbitration. Upon expiration of such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum,written notice written decision relative to the Claim,'including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may,but is not obligated to,notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION stop the Work where the Contractor was not at fault,(3)a writ- 4.5.1 Controversies and Claims Subject to Arbitration. Any ten order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tect,(4)failure of payment by the Owner,(5)termination of the or the breach thereof, shall be settled by arbitration in accor- Contract by the Owner, (6) Owner's suspension or (7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds,Claim shall be filed in accordance with the American Arbitration Association, and judgment upon the procedure established herein. award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 If the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as in the Contract Time,written notice as provided herein shall be provided for in Subparagraph 4.3:5. Such controversies or given. The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work.In the a decision as provided in Subparagraph 4.4.4 shall be subject to case of a continuing delay only one Claim is necessary. arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim 4.3.8.2 If adverse weather conditions are the basis for a Claim has been referred to the Architect as provided in Paragraph 4.3 for additional time, such Claim shall be documented by data and no decision has been rendered. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 12 A201-1987 AIAs •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 a..rtamrMF:ate T . _ WARNING Unlicensed photocopying violates U.S.copyright laws and Is subject to legal 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A party who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1, be decided demand all Claims then known to that party on which arbitra- by arbitration in accordance with the Construction Industry tion is permitted to be demanded.When a party fails to include Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, rently in effect, unless the parties mutually agree otherwise. or when a Claim has matured or been acquired subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment. the other party to the Agreement between the Owner and Con- 4.5.7 Judgment on Final Award. The award rendered by the tractor and with the American Arbitration Association, and a arbitrator or arbitrators shall be final, and judgment may be copy shall be filed with the Architect. entered upon it in accordance with applicable law in any court 4.5.3 Contract Performance During Arbitration.During arbi- having jurisdiction thereof tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. ARTICLE 5 4.5.4 When Arbitration May Be Demanded.Demand for arbi- tration of any Claim may not be made until the earlier of(1)the SUBCONTRACTORS date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim, (2)the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is a person or entity who has a direct opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site. The term "Subcontractor" is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a 4.5.4.1 Whenn a written decision of the Architect states that(1) Subcontractor or an authorized representative of the Subcon- the decision final but subject to arbitration and states e demand tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a demand arbitration within said 30 days' period shall result in portion of the Work at the site. The term "Sub-subcontractor" the Architect's decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor. If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated, such decision may representative of the Sub-subcontractor. be entered as evidence, but shall not supersede arbitration pro- ccedings unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless 4.5.4.2 A demand for arbitration shall be made within the time otherwise stated in the Contract Documents or limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to 4.5.4.1 as applicable, and in other cases within a reasonable the Owner through the Architect the names of persons or enti- time after the Claim has arisen,and in no event shall it be made ties(including those who are to furnish materials or equipment after the date when institution of legal or equitable proceedings fabricated to a special design)proposed for each principal por- based on such Claim would be barred by the applicable statute tion of the Work.The Architect will promptly reply to the Con- of limitations as determined pursuant to Paragraph 13.7. tractor in writing stating whether or not the Owner or the 4.5.5 Limitation On Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect, the Architect's employees or consultants,except able objection. by written consent containing specific reference to the Agree 5.2.2 The Contractor shall not contract with a proposed per ment and signed by the Architect, Owner, Contractor and any son or entity to whom the Owner or Architect has made rea- other person or entity sought to be joined. No arbitration shall sonable and timely objection. The Contractor shall not be include, by consolidation or joinder or in any other manner, required to contract with anyone to whom the Contractor has parties other than the Owner, Contractor, a separate contrac- made reasonable objection. for as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence 5.2.3 If the Owner or Architect has reasonable objection to a is required if complete relief is to be accorded in arbitration. No person or entity proposed by the Contractor, the Contractor person or entity other than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no contractor as described in Article 6 shall be included as an orifi- reasonable objection. The Contract Sum shall be increased or incl third party or additional third party to an arbitration whose decreased by the difference in cost occasioned by such change interest or responsibility is insubstantial. Consent to arbitration and an appropriate Change Order shall be issued. However,no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall be specifically enforceable under appli- or entity previously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof, reasonable objection to such change. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA` •U 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 13 _. WARNING.Unlieentad photocopying violates U.S.copyright laws and Is subject to legal • . r 0 � 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity, the Contractor shall require each Subcontractor,to with the Work of the Contractor, who shall cooperate with the extent of the Work to be performed by the Subcontractor, them.The Contractor shall participate with other separate Ion- to be bound to the Contractor by terms of the Contract Docu- tractors and the Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obligations ules when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu- revisions to the construction schedule and Contract Sum ments,assumes toward the Owner and Architect.Each subcon- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor so Owner until subsequently revised. that subcontracting thereof will not prejudice such rights, and 6.1.4 Unless otherwise provided in the Contract Documents, otherwise shall allow n the Subcontractor, unless specifically provided when the Owner performs construction or operations related the subcontract agreement, the benefit all t rights, remedies and redress against the Contractor thatt the o the Project with the Owner's own forces,the Owner shall be Contractor, by the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi- Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others, contractors. The Contractor shall.make available to each pro- those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor,prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract 5.4 'CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreemegt for a portion of the Work is 6.2.2 If part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor shall, prior to Contract by the Owner for cause pursuant to Para- proceeding with that portion of the Work, promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report .2 assignment is subject to the prior rights of the surety, shall constitute an acknowledgment that the Owner's or sepa- if any,obligated under bond relating to the Contract, rate contractors'completed or partially completed construction is Fit and proper to receive the Contractor's Work,except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- OR BY SEPARATE CONTRACTORS pleted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal obligations. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate,con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site,the term"Contractor" in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just: AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 14 A201-1987 AIA® •©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 7 .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee; or 7.1 CHANGES 4 as provided in Subparagraph 7.3.6. 7.3.4 Upon rece of a Construction Directive, the pt ange 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall tpromptly proceed wi hh the change in the tion of the Contract,and without invalidating the Contract, by Work involved and advise the Architect of the Contractor's Change Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work, subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- the Owner, Contractor and Architect; a Construction Change for indicates the agreement of the Contractor therewith,includ- Directive requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may not be agreed to by the Contractor;an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.6 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents, and the Contrac- method and the adjustment shall be determined by the Archi- tor shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, includ- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit. In such case,and also under subsequcnth• agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in such templatcd are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise to quantities of Work proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of to the()%vner or Contractor, the applicable unit prices shall be his Subparagraph 7.3.6 shall be limited to the following: equitabh• adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance, fringe benefits required by 7.2.1 A Chan f,c Order is a writtagreement or custom, and workers' or workmen's en instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, t stating their agreement upon all of the following; •2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum, if .3 rental costs of machinery and equipment,exclusive of any; and hand tools, whether rented from the Contractor or .3 the extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and insurance,permit 7.2.2 Nlctliods used in determiningadjustments to the Contract fees, and sales, use or similar taxes related to the Sum may include those listed in ubparagraph 7.3.3. Work; and .5 additional costs of supervision and field office person- 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre- 7.3.7 Pending final determination of cost u> the Owner, pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for amounts not in dispute may be included in Applications for adjustment, if any, in the Contract Sum or Contract Time, or Payment. The amount of credit to be allowed by the Contrac- both. The Owner may by Construction Change Directive, for to the Owner for a deletion or change which results in a net without invalidating the Contract, order changes in the Work decrease in the Contract Sum shall be actual net cost as con- within the general scope of the Contract consisting of addi- firmed by the Architect. When both additions and credits tions, deletions or other revisions, the Contract Sum and Con- covering related Work or substitutions are involved in a tract Time being adjusted accordingly• change, the allowance for overhead and profit shall be figured 7.3.2 A Construction Change Directive shall be used in the on the basis.of net increase,if any,with respect to that change. absence of total agreement on the terms of a Change Order. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shall be referred to the Architect adjustment to the Contract Sum, the adjustment shall be based for determination. on one of the following methods: .1 mutual acceptance of a lump sum properly itemized 7.3.9 When the Owner and Contractor agree with the deter- and supported by sufficient substantiatin data to mination made by the Architect concerning the adjustments in mit evaluation; g p er- the Contract Sum and Contract Time,or otherwise reach agree- ment upon the adjustments, such agreement shall be effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu- sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 -GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 15 s WARNING:Unlicensed photocopying violates U.S.copyright Ism and Is subject to legal prosecudon. 7.4 MINOR CHANGES IN THE WORK ARTICLE 9 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contract Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner 9.1.1 The Contract Sum is stated in the Agreement and,includ- and Contractor. The Contractor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect 8.1.1 Unless otherwise provided, Contract Time is the period may require.This schedule,unless objected to by the Architect, of time, including authorized adjustments, allotted in the Con- shall be used as a basis for reviewing the Contractor's Applica- tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement. The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed 8.1.3 The date of Substantial Completion is the date certified to accordance with the schedule of values. Such application by the Architect in accordance with Paragraph 9.8. shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner 8.1.4 The term "day"as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage 8.2 ' PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the.Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing,prematurely com- ment of amounts the Contractor does not intend to pay to a mcnce operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 1 I to be furnished by the reason. Contractor. The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the Owner, the Contractor shall notify the Owner in poration in the Work. If approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the Work to permit the timely filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.3.1 If the Contractor is delayed at any time in progress of the equipment stored off the site. Work by an act or neglect of the Owner or Architect, or of an 9.3.3 The Contractor warrants that title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, or by labor the time of payment. The Contractor further warrants that disputes,fire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Payment have been previously issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall,to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall he made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, within seven days after receipt of the- Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 16 A201-1987 AIAe •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:UnIk4.nsed phot000pying violates U.S.copyright laws and Ij subject to legal proaacutloQ� y " `' Owner a Certificate for Payment, with a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, or notify the Contractor and Owner in writing of the withheld. Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS part as provided in Subparagraph 9.5.1. 9.6.1 After the Architect has issued a Certificate for Payment, 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the representation by the Architect to the Owner, based on the time provided in the Contract Documents, and shall so notify Architect's observations at the site and the data comprising the the Architect. Application for Payment, that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in actor- paid to the Contractor on account of such Subcontractor's por- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled,reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion,to to the Contractor on account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make and to specific qualifications expressed by the Architect. The payments to Sub-subcontractors in similar manner. issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subcontrac- amount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner for h:I.s used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. Sum. 9.6.6 A Certificate for Payment, a progress payment, or partial 9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9.7 FAILURE OF PAYMENT the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contract Documents the amount cer- agree on a revised amount, the Architect will promptly issue a tified by the Architect or awarded by arbitration,then the Con- Certificate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tact may also decide not to certify payment or, because of amount owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or a part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of i previously issued, to such extent as may be necessary in the shut-down, delay and start-up, which shall be accomplished as Architect's opinion to protect the Owner from loss because of: provided in Article 7. 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; I 9.8.1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi- ing probable filing of such claims; ciently complete in accordance with the Contract Documents .3 failure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended t crly to Subcontractors or for labor, materials or use. equipment; 1 .4 reasonable evidence that the Work cannot be tom 9.8.2 When the Contractor considers that the Work,or a por- re ated for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be com- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time,and that the unpaid plete and correct items on the list.Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or complete all Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance ments. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 17 WARNING:Unlicensed photocopying violates U.S.copyright taws and is subject to legal per• nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- included on the Contractor's list, which is not in accordance formed, the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, for shall, before issuance of the Certificate of Substantial Com- information and belief, and on the basis of the Architect's pletion,complete or correct such item upon notification by the observations and inspections,the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is for and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate.Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls,bills for materials and Completion of the Work or designated portion thereof unless equipment, and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less amounts withheld by Owner) mitted to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate. ing that insurance required by the Contract Documents to 9.8.3 Upon Substantial Completion of the Work or designated remain in force after final payment is currently in effect and will portion thereof and upon application by the Contractor and not be cancelled or allowed to expire until at least 30 days' certification by the Architect, the Owner shall make payment, prior written notice has been given to the Owner,(3)a written reflecting adjustment in retainage,if any,for such Work or por- statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period tion thereof as provided in the Contract Documents. required by the Contract Documents, (4)consent of surety, if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens,claims,security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract, to the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner. If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the insurer.Ls required under Subparagraph 11.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any, secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If,after Substantial Completion of the Work, final com- rection of the Work and commencement of warranties pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete,the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2. Consent of the Contractor to partial occu- Architect,and without terminating the Contract,make payment pancy or use shall not be unreasonably withheld. The stage of of the balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted. If the remaining balance for Work not fully com- ment between the Owner and Contractor or,if no agreement is pleted or corrected is less than retainage stipulated in the Con- reached, by decision of the Architect. tract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or use, the tion of the Work fully completed and accepted shall be submit- Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not constitute a waiver of claims.The making of final payment shall 9.9.3 1 Wcss otherwise agreed upon, partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep- paragraph 4.3.5. tance of Work not complying with the requirements of the Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing 9.10.1 Upon receipt of written notice that the Work is ready and identified by that payee as unsettled at the time of final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to. Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIA® a©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 • • • ARTICLE 10 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain,as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason- connection with the performance of the Contract. able safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating 10.1.2 In the event the Contractor encounters on the site safety regulations and notifying owners and users of adjacent material reasonably believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and carry on such activities under supervision of properly except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl(PCB) qualified personnel. and has not been rendered harmless. The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlori- (other than damage or loss insured under property insurance nated hiphenyl(PCI3), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them, or by anyone Article +. 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 10.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by poh•chlorina wd biphenvl (PCB). 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 10.1.4 TO the fullest extent permitted by law, the Owner shall Contractor. The foregoing obligations of the Contractor are in indemnity and hold harmless the Contractor, Architect, Archi- tcct's consultants and agents and employees of any of them addition to the Contractor's obligations under Paragraph 3.18. from and against claims, damages, losses and expenses, includ- 10.2.6 The Contractor shall designate a responsible member of ing but not limited to attorneys' fees,arising out of or resulting the Contractor's organization at the site whose duty shall be the t from performance of the Work in the affected area if in fact the prevention of accidents. This person shall be the Contractor's material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor not been rendered harmless,provided that such claim,damage, in writing.to the Owner and Architect. loss or expense is attributable to bodily injury,sickness,disease 10,2.7 The Contractor shall not load or permit any part of the or dcatth, or to iniurV to or destruction of tangible property (other than the Work itself) including loss of use resulting construction or site to be loaded so as to endanger its safety. therefrom,but only to the extent caused in whole or in part by 10.3 EMERGENCIES negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim• datrtaige, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account i indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person i described in this Subparagraph 10.1.4. ' ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY t 10.2.1 The Contractor shall take reasonable precautions for INSURANCE AND BONDS safety of, and shall provide reasonable protection to prevent 11'1 CONTRACTOR'S LIABILITY INSURANCE damage, tljun or loss to: 11.1.1 The Contractor shall purchase from and maintain in a 1 employees on the Work and other persons who ma company or companies lawfully authorized to do business in be affected thereby; y the jurisdiction in which the Project is located such insurance as 2 the Work and materials and equipment to be incur o- ill protect the Contractor from claims set forth below which result from the 's operations rated therein, whether in storage on or off the site, under the Contractoy arise out ofr for which the contractor�may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors; and any of them,or by anyone for whose acts any of them may be .3 other property at the site or adjacent thereto,such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal, relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction. which are apphcable to the Work to be performed; AIA DpCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIAz •CEJ IyN7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2000(1 A201-1987. 19 WAf INiNG:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ,: • • • • .2 claims for damages because of bodily injury, occupa- other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner,the .3 claims for damages because of bodily injury,sickness Contractor, Subcontractors and Sub-subcontractors in the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all-risk policy form .4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- employment of such person by the Contractor,or(2) work, temporary buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for because of injury to or destruction of tangible prop- Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for damages because of bodily injury,death of unless otherwise provided in the Contract Documents. a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop- ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with all of the .7 claims involving contractual liability insurance appli- coverages in the amount described above, the Owner shall so cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of 3.18, the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph 11.1.1 shall be subcontractors in the Work,and by appropriate Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner. If the Contrac- tract Documents or required by law, whichever coverage is for is damaged by the failure or neglect of the Owner to pur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main- tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance'acceptable to the Owner shall ments, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 1 1.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days'prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available,an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11.3.1.4 Unless otherwise provided in the Contract Docu- for Payment as required by Subparagraph 9.10.2. Information ments,this property insurance shall cciver portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness in accordance with the value established in the approval,and also portions of the Work Contractor's information and belief. in transit. 11.2 OWNER'S LIABILITY INSURANCE 11.3.2 Boiler and Machinery Insurance. The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the(honer may purchase and maintain other insurance for self- specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless specifically required by the Contract shall be named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con- of the Owner's property,including consequential losses due to tract Sum as well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- tairlcd. unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof arc beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 20 A201-1987 AIA® •©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. 11.3.5 If during the Project construction period the Owner 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by property insurance under policies separate shall object in writing within five days after occurrence of loss from those insuring the Project, or if after final payment prop- to the Owner's exercise of this power; if such objection be erty insurance is to be provided on the completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that case,make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- 11.3.6 Before an exposure to loss may occur, the Owner shall panies providing property insurance have consented to such file with the Contractor a copy of each policy that includes partial occupancy or use by endorsement or otherwise. The insurance coverages required by this Paragraph 11.3. Each Owner and the Contractor shall take reasonable steps to obtain policy shall contain all generally applicable conditions, defini- consent of the insurance company or companies and shall, tions,exclusions and endorsements related to this Project.Each without mutual written consent, take no action with respect to policy shall contain a provision that the policy will not be partial occupancy or use that would cause cancellation,lapse or cancelled or allowed to expire until at least 30 days' prior writ- reduction of insurance. ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.3.7 Weevers of Subrogation. The Owner and Contractor 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- waive all rights against(1)each other and any of their subcon- tract and payment of obligations arising thereunder as stipu- tractors,sub-subcontractors,agents and employees,each of the lated in bidding requirements or specifically required in the other, and (2) the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for 11.4.2 Upon the request of any person or entity mappearing to damages caused by fire or other perils to the extent covered by be a potential beneficiary of bonds covering payent of obliga- property insurance obtained pursuant to this Paragraph 1 1.3 or tions arising under the Contract, the Contractor shall promptly other property insurance applicable'to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. 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 ARTICLE 12 contractor, described in Article 6, if any, and the subcontrac- tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein.The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirectly, and whether or not the person or entity Contract Time. had an insurable interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically requested to observe prior to its be adjusted by the Owner as fiduciary and made payable to the being covered,the Architect may request to see Such Work and Owner as fiduciary for the insureds, as their interests may it shall be uncovered by the Contractor. If such Work is in appear, Subject to requirements of any applicable mortgagee accordance with the Contract Documents, costs of uncover- clause and of Subparagraph 1 1.3.10. The Contractor shall pay ing and replacement shall, by appropriate Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner. If such Work is not in accordance with by the Contractor, and by appropriate agreements, written the Contract Documents, the Contractor shall pay such costs where legally required for validity,shall require Subcontractors unless the condition was caused by the Owner or a separate to make payments to their Sub-subcontractors in similar contractor in which event the Owner shall be responsible for manner. payment of such costs. 11.3.9 If required in writing by a party in interest, the Owner 12.2 CORRECTION OF WORK as fiduciary shall, upon occurrence of an insured loss, give 12.2.1 The Contractor shall promptly correct Work rejected bond tilt proper performance of the Owner's duties. The cost by the Architect or failing to conform to the requirements of of required bonds shall be charged against proceeds received as the Contract Documents, whether observed before or after fiduciary. The Owner shall deposit in a separate account pro- Substantial Completion and whether or not fabricated,installed cccds so received, which the Owner shall distribute in accor- or completed. The Contractor shall bear costs of correcting dance with such agreement as the parties in interest may reach, such rejected Work, including additional testing and inspec- or in accordance with an arbitration award in which case the tions and compensation for the Architect's services and procedure shall be as provided in Paragraph 4.5. If after such expenses made necessary thereby. loss no other special agreement is made, replacement of dam- 12.2.2 If, within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. tion of the Work or designated portion thereof,or after the date AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA" •G 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20[1(16 A201-1987 21 WAMlNQ UnNcerued v""' Photocopying violates U.S.copyright laws and Is subject to legal pro6scudw., for commencement of warranties established under Sub- ARTICLE 13 paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found MISCELLANEOUS PROVISIONS to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the 13.1.1 The Contract shall be governed by the law of the place Owner has previously given the Contractor a written accep- where the Project is located. tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work. This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other party hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract. The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- covery of the condition. tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of either party attempts to make such an assignment without such the Work which are not in accordance with the requirements consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 if the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity onto an officer of the corporation for which it able time fixed by written notice from the Architect,the Owner was intended,or if delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense. If the Contractor does not pay costs notice. of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall he reduced by the deficiency. If payments then or thereafterContractor shall constitute a waiver of a right or duty afforded due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the them under the Contract,nor shall such action or failure to act Owner. constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws, ordi- tract Documents. nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strucd to establish a period of limitation with respect to other such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to"ic time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.1 If the Owner prefers to accept Work which is not in paragraph 13.5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner,instruct the Contractor to make arrangements the'Owner may do so instead of requiring its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to be made so the Architect may observe such procedures. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 22 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING Unlicensed photocopying vlolates U.S.copyright laws and Is subject to legal pro'"et tl The Owner shall bear such costs except as provided in Sub- ARTICLE 14 paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval TERMINATION OR SUSPENSION OF THE CONTRACT under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents,the Contractor shall bear all costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the expenses. Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor,for any of the shall,unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the 1 issuance of an order of a court or other public author- ity ity having jurisdiction; 13.5.5 If the Architect is to observe tests, inspections or •2 an act of government,such as a declaration of national approvals required by the Contract Documents, the Architect emergency, making material unavailable; will do so promptly and,where practicable,at the normal place •3 because the Architect has not issued a Certificate for of testing. Payment and has not notified the Contractor of the reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certificate for Payment within delay in the Work. the time stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments clue and unpaid under the Contract Docu- ber of days scheduled for completion,or 120 days in melits shall bear interest from the date payment is due at such any 365-day period, whichever is less; or rate as the parties may agree upon in writing or, in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through l shall commence to run and any alleged cause of action no act or fault of the Contractor or a Subcontractor or their shall he deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the .2 Between Substantial Completion and Final Certifi- Owner has persistently failed to fulfill the Owner's obligations Cate for Payment. As to acts or failures to act occur- under the Contract Documents with respect to matters impor- t ring subsequent to the relevant date of Substantial tant to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi- seven additional days' written notice to the Owner and the tate for Payment,any applicable statute of limitations Architect, terminate the Contract and recover from the Owner shall commence to run and any alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date Of issuance of the final Certificate for Payment; and 14.2.1 The Owner may terminate the Contract if the Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; 'lice of the final Certificate for Payment, any appli- ,2 fails to make payment to Subcontractors for materials cable statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall be deemed to have between the Contractor and the Subcontractors; accrued in any and all events not later than the date of anal act or failure to act by the Contractor pursuant to 3 persistently disregards laws,ordinances,or rules, reg_ any warranty provided under Paragraph 3.5, the date ulations or orders of a public authority having juris- of any correction of the Work or failure to correct the diction' or Work by the Contractor under Paragraph 12.2,or the •4 otherwise is guilty of substantial breach of a provision date of actual commission of any other act or failure of the Contract Documents. to perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the Owner,upon or Owner, whichever occurs last. certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA'5 • J 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 23 ,� WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution, . tify such action, may without prejudice to any other rights or Owner.The amount to be paid to the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject to any tion of the Contract. prior rights of the surety: 14.3 SUSPENSION BY THE OWNER .1 take possession of the site and of all materials,equip- FOR CONVENIENCE ment,tools,and construction equipment and machin- 14.3.1 The Owner may,without cause,order the Contractor in ery thereon owned by the Contractor; writing to suspend, delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is •1 that performance is, was or would have been so sus finished. pended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.2.4 If the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied under of finishing the Work, including compensation for the Archi- another provision of this Contract. tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION FOURTEENTH EDITION 24 A201-1987 AIA• •©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 prosectttbn. Jr87 SUPPLDE NTARY 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 Changes 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 inslude 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 Paragragh 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. .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 Occurance $1,000,000 Aggregate, Products and Completed Operations b. Property Damage: $250,000 Each Occurance $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. RESTROOM STORAGE FACILITY H — 1 d-. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse) , U (underground) e. Contractual Liability (Hold Harmless Coverage) : (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non-owned, hired) : a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM / STORAGE FACILITY H - 2 ...l�".,s++..:..,....�..._..:......_._.,_.... _. � ..; x,e...., :...+4.,,w►x:.::-.....�AS�uQ..-a.c.Zw.-..:-,..,�..... ,. -. -,:,maa.. .. .......�.:. .,„y - K.JIt THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA lt9 rfRRUARY 1870 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. K aST�s w r.: .. . '' k:.ax--.:.:; - >, :.e,, .,..., ,..,..�:•. ., ..--:..xyawCai�;'iSt�atOfr�, 71'� ... 0 • 0 • PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this day of 19 Pnncil�,rll (seal) (Witness) Fitlel (Sun t)) (scall (Witness) 011ie) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 T WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal tale of Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal tale of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal to at least one-half of the contract price) Dollars l$ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (here insert lull name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A 0 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON, D. C.20006 3 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution :.....,al�r�`�•c. t�•hk�5ew�i�irali�u�v. �9��i • • • 0 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall c) Other than not be liable for the payment of any costs or expenses in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4 The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this day of 19 (Principal) (Seal) (Wilness) (Title) (Surely) (seal) (W)Inc%%) (Title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® a FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,17 IS N.Y.AVE., N.W.,WASHINGTON,D.C. 2(1006 WARNING: Unlicensed photocopying violates U.S.trademark laws and Is subject to legal prosecution. �::.....:a _..,...x=-a..�'.:.*.ak� Y:-s`rha.&b,';a'.... .•. ;. .�: .:,¢.e' ,a '.., _. .., a %i`.nts. .�:rt+'a.�ie�Ga��iioitlrr9� SECTION J FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS.- That RESENTS:That We, (hereinafter called the Principal ) as Principal and the ,c Corporation with an, office and place of business for the State of New Your at New York, (hereinafter called the Surety) , as Surety, are held and firmly bound unto the ( hereinafter called the Obligee, as Obligee in the sum of ($ ) . DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of 19 WHEREAS, the Principal heretofore entered into a written contract with the Obligee for WHEREAS, said Contract provides that the Principal shall guarantee RESTROOM / STORAGE FACILITY J - 1 NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said contract with the period of year (s ) from the date of acceptance of the work , then this obligation shall be void ; otherwise to remain in full force and effect . Principal BY: BY: STATE OF ) ss: COUNTY OF ) On this day of 19 before me personally appeared the within named to me known , and known to me to be the individual described in and who executed the within bond, and acknowledged to me that he executed the same. NOTARY PUBLIC RESTROOM / STORAGE FACILITY J - 2 SECTION GEN ER.XL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its sucessors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents,extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of 19 Attest: Principal: RESTROOM / STORAGE FACILITY K - 1 • PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for RESTROOM / STORAGE FACILITY at TASKER PARK CARROLL AVENUE PECONIC, NEW YORK 11958 ENCLOSED IN THE COMMUNITY DEVELOPMENT SECTION OF THIS DOCUMENT RESTROOM / STORAGE FACILITY L - 1 ION M SEC.T,IvN COMPLIANCE WITH THE L43OR LAW AND OTHER DEPARTMENT OF LABOR REGULATICNS A. STATE REGULATIONS 1. The Contractor shall comply with the applicable provisions of the "Labor Lew" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Low ore complied with. 2. Ecch.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 re=p and enforced as though it were included herein, and, if through•nsere 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 rr=�e such inclusion. Specifically, Section 220-e, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, calor, or national origin in erriployment of citizens upon public works. There may be deducted from the amount payable to the Cantrcctor by the Ov--ser under this Contract a penalty of five (55.00) dollars for each person for erch cclender day during which such peqson wcs discriminated against or intimidated in violation of Section 220-e.; provided, that for a second or any subsequent violcticn of the provisions-of said paragraph, this Contract mcy be ccncellea or terminated by the Owner and all monies due or to became due hereunder .may. be forfeited. , B. FEDERAL REGULATIONS 1 . CERTIFICATION OF NCNSEGKEGATED FACILITIES By the submission of this bid, the bidder, ofrarar, applicant, or subcontractor certifies that he docs not maintain or provide for his employees any segregcted facilities at any of his establishments, and.thct 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 on segregated facilities of 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, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Cortunity clause in this 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 RESTROOM FACILITIES M - 1 and other storcce or dressier: Grecs, park;nc lora, time clocks, locicef rooms - Or entertainment areas, trcn:partat'on, enc drinking fourtcins, recreation .z exolicit housing facilities pMvidatl for employee which ore segregated by directive or are in feet segregated an the basis of race, cre•.d,color, cr national origin, because of habit, local custom, or other'isc-onsefromhe' agrees that (except where he hes obtained identicc! c_. agrees t t (exctreclors for spec;F;c time periods) he will obicin identical propcertifications from propased subcantrectors prior to the e:vard of subcontracts exceeding $10,000 which ere not exempt from the provisions of the Equal such certifications in his Files; end opportunity clause; thct he will retain that lie will forward the following notice to such prcposed subcontractors (except wkere the proposed subcontractors have submitted identical eertil cations for ipocific time periods): CTORS OF p r-C?UIREMENT FCR 2. NOTICE TO PR CS?ECTIVE SUBCON;nr. �,�.It1 i lc� c.. I All i N N C C E -n j ED certification of Ncnsegregcted Faci Iswhic b s not eitted pior to th xemot rf cm the e award of a subcontract exceeding $10,000 provisions of the Equal Opportunylar for a lnsubcontrects during ae submitted either for each subcontract period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for mcking false statements in offers is prescribed in 18 U.S.C. 1001 . "Dur;ng the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against or employee origin.or applicant contractor employment because of race, creed, ' and that will take offirmative action to ensure that applicants are employed, 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 trcnsfer; recruitment or recruitment advertising; Icyoff or termination; rates of pay or other forms of eompensction; and selection For training, including, apprenticeship. The contractor agrees to past in conspicuous places, available to employees end applicants for employment, notlaes to be provided by the contracting officer setting forth the provisions of this nondiscrimination cicuse. (2) The contractor will, in oil solicitations or advert;sements for employees placed by or on behalf of the contractor, state that all quclified applicants will receive consideration for employment without regard to race, creed, color, or national origin. ers (3) The contractor will send to each labor union aeement orative of other confrakt or with whichhe has o collective bcreain;ng og enc contracting officer understanding, a notice to be provided by the agency g , advising the labor union or workers' representative of the contractor's ecmrni?ments-under Section 202 of Executive Order Na. 11245 of September 240 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. RESTROOM FACILITIES M — 2 (d) The contractor will comply with c11 provisions of Exe:rutive Order No. 1121h of September 24, 1464, and of the rules, and regulations, cnd relevant orders of the Secretary of Labor. (5) The contractor will furnish all informct;on and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, rerrulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contract;n9 ecency end the Secretary OF Labor for purposes aT investication to ascertain cornpl;ance with such rules, re_ulctions, and orders. (6) in the event of the contractor's noncompliance with the nondiscrim;nctiorr clauses of this contract or with any of such rules, regulations, or aiders, this contract may be canceled, terminated, or susoer(ded in whale or in part and the contractor may be declared ineligible for further Gover.«sv*nt contrasts in accordance with procedures cuth+erized In Executivte Qsder No. 11245 of September 24, 1465, and such other sanctions may be ispcsed and remedies invoked as provided in Executive Order No. 11246 of 5epterrber 24, 1465, or by rule, regulation, or order of the Sec r.e!cry of Lear; or . as otherwise provided by low. (7) The contractor will include the provisions of Paragraphs ('i) 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 provis;ons w;I-I be binding upon each subcontractor or vendor. The contractor will take such actien with respect tafany subcontroct or purchese 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 tss hreatened with, litigetian with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request Ad United Stctes to enter into such litigation to protest the interests of the United States. " 3. FEDERAL PROCUREMENT REGULATIONS UAI PO ,TUNI IN EMPL Y,MENT 1-12.WS-4 Reports and Other Required informot;on (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 an Standard Form 100 (EEO-)) promulgated icintly by the Offtc.a of Federal Contract Corrcplianee, the Equal Employment Op{eartun ity Commission, and Plans for Progress, or an such form as May hereafter be promsrigated in its place, if such prime contractor or subagntractor (;) is not exempt from the Provisions of this Subpart 1-122.8 in accordance w;th 1-12.$04; r;) has 50 or mare emp Jaye es; rl;*,f is a (� prime contractor or f;rst-tier subcontractor; and ) hos o contract, RESTROOM FACILITIES M - 3 sub-contrect, or purchase order arnauntina to S50,CC0 or more, or serves as o depository of Government furies in any cmount, or is c fincnciol instituticrs whic.� is cn issuing end paying c acent for U.S. sovincs bonds and savincs notes: provided, That arty subcantrcctor below the first tier which performs construction th work ct e site of construction shall be recuired, to file such a recon if it meets the requirements in subdivisions (i), (ii), and (iv) of this perosr-aph (a) (1)- (2) Each person'required by subparagraph (1) of this parcgreoh to subrnit reports shall file such a report with the contracting or administer- ing agency within 30 days after the award to him ofa contract or subcontract, unless such person has submitted such a report within 12 months preceding the cote of the owcrd. Subsecuent reports shall be submitted annually in accordance with su:Ocrcqrcph (1) of this perccrcph, or at such other intervals cs the ccency or the Director may require. The agency, with the cc-rovcl of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, mcy require a prime contractor to keep employment or other records end to furnish in the form requested, within re soncisle limits, such information as the Director, agency, or the applicant deems necesscry for the cdministration of the Order. (4) The failure to file timely, complete, and accurate reports, as re- quired, constitutes nohceigptibnce with thfe Prime contractor's or subcontractor's obligations under the equal Opportunity clicuse and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any scnctions authorized by the Order and the regulations in this subccrt; Any. such failure shall be reported in writing to the Director by the agency as soon as procticcble after it occur. 1 -12.805.4 Reports and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each bidderar prospective prime contrs;c#or and proposed subcontractor, where appropriate, to state in the laid or " at the outset of negotiations for the contract whether it hcs perti- cipcted in any previous contract or subcontract subject to the Equcl Opportunity clause; and, if so, whether it tics filed with the ,joint Reporting Committee, the Director, ars acency, or the former President's Committee an Fe ual Employment Opportunity, all reports due under the applicable filing roqu;remen#s. The statement shall be in the form of a representation by the bidder or offeror sub- stantially as follows: RESTROOM FACILITIES M -4 "The bider (or offeror) rc =sent' that he ( ) Tia-w, ) h not, pc;ticipct eq in a previous c=r.trcct or subcr%'r=ct .ubie_` to the E_ucl C=o-Hunity clause herein, o: the ri=^•:e ori_incl!y ccn- tcinec .in se-.;cn 301 of Exet-utive Order No. 1'01':, or the cicuse contained in se_tien 201 of Executive Crcer No. 11114; thea he ( ) hes, ( )hcs net, filed all recuired czmpiicnc_ reports; cnc I'— representctiors indic=ting submission of r_cuire --_m=fi=n=e re_crt:, signed by prop=sec subc_ntrcctors will be c1_-tcine-_-: prior to sus- ezntrcct ewer=-.." (The above recresentcHon need not be submit te_ in ennnecticn with contracts or subc=ntr=ct: which are exe^=r' frorn the cicuse.) When a bidder or offeror fails to execute the representation, the omission shell be considered a minor infomeiity and the bid-der or ,offeror shatl be permitted to satisfy the recuirement priur to awcr-* (2) In an ch o bid . y case n i which ger or pr,.^so ec ive prime ccr.tr==tar or proposed succ=ntr_ctot, which p=rticiperec in o previous c=ntr=ct or subcontract subiect to Executive Orc_rs No. 10725, 1111, or 1 12:6, hes not fi led a report due under the c clic^b!e fi fine requirements, no ccntrcct or subcontract shcii be cwar:ed, 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 subc=ntrcctor shall be required to submit such inforrnotion as the agency or the Director requests prior to the ewcrd of the contract or subcontrcct. When a determinction hei been mode to award the contract or sub- contract to o specific contractor, such contractor shall be'regvired, prior to award, or after the award, or both, to furnish such otht.- information as the agency, the cpplic:nt, or the Director requests. (c) Use:of Reports. Reports filed pursuant to this 1-12.8C5-:shell be used only in connection with the edministrcticn of the Order, the Civi i Ri_hts Act of I4�4, or in furtherance of the purposes of the Order and said Act. (d) Acquisition of Report Forms. Stcnarrd Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or cdministering aeency. The stock number For the form is as follows: Standard Form No. Stock Number Title 100 7540-9'25-2049 Equal errscloyment opportunity employer ;Fafom tion report. RESTROOM FACILITIES - M -5 1-12.805.4 PROCUREMcNT ST.,1,4O RDS A. All Contracts and Subcrants for c=nstruc'icn cr re-pair shall include c provision for camplicnc_ with the C-peland "Anti- Kick back" Act (18 U,S.C, 874) as suppiernented in Department of Labor Reculcticns (29 C=R, part 3 ). This Act provides that each Ccntrac'or or Subcrontee shall be Prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give uo any part of the cempensetion to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where appiicable, all Contracts awarded by-Grantees and Sub- grantees in excess of S2,000 for construction+ contracts and in excess of $2,500 for other contracts which involve the enn_ plcyment of mechanics or laborers shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (AO U.S.C. 327-33C) as supplemented by Department of Labor Regulations (29 CFR, Pert 5), Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechonic and laborer on the basis of a standard work day of a hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated of a rate of not less than 1-1/2 times the basic rate of pay for oil hours worked in excess of 3 hours in any calendar day or 40 hours in the work week. Sattion 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 ore unsanitary, hazardous, or dangerous to his heaith 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 materiels crarticles ordinarily available on the open market, or contracts for transportation or trxrr1n7i1SiOn of intelligence. C. Each Contract of an amount in excess of $2,SC0 awarded b a Grantee or Subgrantee shall provide that the rec pient will y comply with applicable regulations and standards of the Cost Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a aid 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 tp be paid do not exceed maximum allowable levels am0uz e: by the Cost . ' of Living Council rer,,ulotions or standards. Violati;�s shall 3e reported to the Grantor Agency and the IocoJ olotr'l shall Revenue Service field office. RESTROOM FACILITIES M - 6 D•. Contracts and Sub1rcnts of amounts in cxce: shall contain a prcvi ziorr which req sof S 1 U0,00 ccrce to comply with c(l cyclic„ v�+ws the recipient to regulations issue Violations shall d 1 le %. .ndares, orders, or pur;ucnt to the Clear, ;it Act of 1970. be reported to the Grantor Acency and the Recioncl OFFice of the Environmental protection Acenc Y E. Contracts shell contcin such contrcetuc( Previsions or conditions which will allow for administrative or fecal remedies in instances whet contractual, 'e breach contracts ter-, and s con.rectors violate or provide for such son penalties as may be appropriate. sanctions and F. All contracts, amounts for which are in excess of Shall contain suitable provisions for ter.-�ination by ?heLO� grantee including the ma nn e,- by which it will be effected and the basis for- or settlement In cddi,�cn, such contracts describe conditions under ternincted for default as well as concirliors wheret may be contract may be terminated because of the the control of the contractor. circumstances beyond G. In ell contracts For construction or fcciiity improvement bonding awarded in excess t S_10-CIT-or,' Grantees shall observe the banding re.•-virements Provide--' in Attoc:,rne Circular, nt B to this H. All contracts cnd,;subcrants in excess of $10,000 shall in- elude provisions for compliance with 11246, entitled Executive Omer No, "Equal Employment op.ortunit supplemented in Department of Lobar Rcu-lctions ,41as Port 60). Each contractor or subcrcntee requCr-R,. have on affirmative action plan which de laresbthat tired doeso not discriminate on the basis of race, Calor, religion, creed, national origin, sex, and ace and which specifies tcrcet dctcs to assure the implementation of that coals and grantee shell establish procedures Plan. The this requiremcot b P s to assure'eamPlicnce with that suspected or reported viol that are �subcrctees and to assure Prom ptly investigated. RESTROOM FACILITIES M - 7 CCMPLIANCiE WITH ?RCVISiONS OF THE Lr,SCR L-W Pursuant to Article 8 of the Lcbcr (,aw, the the followinc requirements; contractors W.,ention is directe-4 to 1. Section 220.2 which requires c st;ruiction that no lc� in the employ of the contractor, ..over; workman or me-_ in ing to do the whole ora rt of the Wontrec.er or other pe:_an doinc or contra,,_ pc a ark c�nternpleted by the c--ntract shcil be per-nitted or required to work more then eicht h more then five ours in any one c�lendcr dzv days in any one we except in the emercenc;es set forth . Labor Law. in the 2. Section 220.3 which requires a provision that ea c5 laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such c public work, shall be paid not less than the prevailing rote of wages anc; shell be provided supplements not less then the prevo;l;nc supplements as determined by the fiscal officer. 3. Section 220.3-c also requires the,' the contractor cnd ever subcontrc public works contracts shall post in a prominent end accessibley ctor on on the te of the work a legible statement of all wage rates end supplements as`specif ed, siin the contract to be paid or provided ? (is the case may befor of mechen;cs, work;ncmen, or laborers employed on the, wa work. �r'ous classes 4• Section 220.3-e provides that apprentices will be permitted to work when they are registered, individual) k as such only with the New Y. under c bona Fade procrcm reciztered York State Department of Labor. The cllawcble ratio of apprentices to journeymen in any craft classification shall not be greater then ih Permitted to the contractor es to his wort( force on an a raga program. Any employee listed on o payroll at on apprentice wa este registered not registered as above, shalt !re paid the wage rote determined b thee eNewo is State Department of Labor for the classification of work he actuallyYork The contractor or subcontractor will be required to furnish written evil nce of the regis{ration of his program and aeorentices as well as of the c per te ratios and wage ratesr for the area ofconstructipn prior to using any apprentice on the contract work. 5• Section 220-e which requires provisions by which the contractor with th municipality agrees; a State or (a) That in the hiring of employees for the performance of work under th-i contract or arty subcontract hereunder, no contractor, subcontractors person acting on behalf of such contractor or subcontractor, shaly reos nny of race, creed, color or nat;onol origin discriminate against any c;tizen of the State of New York who is qualified and available to perform to which the employment relates; the work (b) That no contractor, subcontractor, nor any person on his behalf shall . any manner, discriminate against or intimidote anemployee hired . .t performance bf work under this contract an account of acreed f©r .the national origin, (Your attention is directed to the provisions of the State or Low against Discrimination which also prohibit d+iscriminct ns f employment because of age); ion RESTROOM FACILITIES M - 8 (c) That there may be deducted from the amount p,--ycble to the contractor by ti;e State or municipality under this contract a penalty of five dollars far ere:- calendar day during which such person was ciscrimineteo against or intimiccteo in violation of the provisions of the contract; (d) That this eontrce may be cancelled or terminated by the State or municipal- ity, and all moneys due or to become due hereunder may be forfeited, for e second or any subsequent violation of the terms or conditions of this section of the contract. b . 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 citi- zens of the State of New York who have been relidents for at least six consecutiv, months immediately prior to the commencement of their employment; that perscns other than citizens of the State of New York rndy be employed when such citizens are not available; and that if the requirements of Section 222 concerning prefer- ence in employment to citizens of the State of New York cre not complied with, the contract shall be void. B. Section 222-c which requires that if in the construction of the public worc a harmful dust hazard is created for which appliances or methods for the eliminat- tion of harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have b6-en approved by the Becrd of Standard Appeals, such appliances or methods sha l I 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 shell be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in ecch 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 elessifications'not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rata 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. RESTROOM FACILITIES M - 9 Genera{•Re-ru{at;on No. 1, as issued by thet S ate Commissicn for ;-iur;�en ,",fights r^... .. that each contract contains o stipulcticn that: Y-.Jires "1t is hereby ccruea by and between the Parties hereto that eve%y contractor and subc.ntrcctor encti;ged in the public work des - in this contract shall past and maintain at ecc.� a his establisnrnents and of all ala a e. ibec which the public work described hereunder is 6eing c_s at ' Corrmission for Human Rights indicating the substantive Frovis•;onshofNhe'ce of law Against to Discrimination, where camplcints may 6e filed - , and other pertinent ;nformwien. Suer Notice shalt be posted in easily accessible and well lighted places customarily frequented by emp(eyees end applicants for employment. " The Notice may be obtc;ner from ` department having jurisdiction, or from the office of the State the in the respective area. Commission fcr Human Richts • You are requested to refer to C-ie Bureau of Public Work all chcrca of di - employment including discrimination because Of ca rocs, - sc. ininction in cred, eczlor or national origin RESTROOM FACILITIES M - 10 SECTION N 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 employ- meet because of race, creed, color, or national aricin, and will take afi�nnative action to insure that they are afforded equal employment opportunities without discritnination 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 tenreir+ation, rates of pay or other forms of compensation, and selection for training or retrain- ing, including epprenticeship 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 hereinafter called "nt -discriminotion clauses", and requesting such lobar union or representative to agree in ruing, whether in such collective bargaining or other agreement or understanding or otherwise, that such lobar union or representative will not discriminate against any member fir applicant for mem6ershi .. p because of race, creed, color, or national origin, and wilt take afrrrmative 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, i6b assignment, Promotion, upgrading, de- .-motion, transfer, layoff or termination, rates of pay, or other foams ofcompensation, and selection for training or retraining including apprenticesT#p and cam-the-job train ing. Such notice shalt be given by the Contractor, and such wt tftn agreement shall be mode by such tabor union or representative, prior to the commencement of per- fonnances of this contract. If such labor union or representative;-failsor refuse so to agree in writing, the Contractor shall promptly notify the Commissions for Human Rights of such failure or refusal. - C. The Contractor will post and keep posted in conspicuous places, available to employ, and applicants;for employment, notices to be provided by the Commission for Human Rights'setting forth the substance of the provisions 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 byar on behalf of the Contractor, that all qualified applicants will be afforded equo employment opportunities without discrimination because of race, creed, color, or national origin. RESTROW FACILITIES N - 1 of Sections 291 -279 of e Ex e,: e, The Contraz!or will comely with the Prnish 'oilsinfermct on and reports deemed nec Law and the Civil Rights Law, will fur spry by the Commission for Human Rights under these non-drscriminetien clauses ar such sections of the Executive Law, end will, per-+it access to his books, records, and accounts by the Commission for Hu on rn1°�compliance ` ncr these nornsdilscritme�tior for purposes of investicetion to ascertainco p clauses and such sections of the Executive Lew and Civil Richts Law. f, This Contract may be forthwith canonithetbasis of aef ndingumade by th Ccminissic pended in whole or ir part, by the contracting- age ncy up of Human Rights that the Con tracbe decltrrtor has oed onepiaiblelied 'forth tfuture contdrects made b clauses, and the Contractor may Agency until he satisfied the Commission fc or on behalf of the Owner/Contracting Ag_ y Human Rights that he has estabcltimedcti�on'clausesnQSucout n finding shallam in cbe conform �Y the provisions of these non d have Commission for Human Rights after non d,scrimination ciation efforts lauses and after ay the nverified'c to'achieve compliance with these o c;ven to _ plaint has been filed with the Coen afforded him eto beeheard of spubliscly before three tractor and an opportunity has be Such santions may be imposed and remedies otherwise members of the Commission. provided by law. If this Contract is cancelled or terminated under clause "f:', in addition to other g, on its breach by the Contractor, th, rights of the Owner provided in this contract up costs ir Contractor will hold the Owner hart les�Q°Oirk c�tin P�rche�singathe-services,rmoteria gutted by the Owner in completing the equipment, or supplies contemplated by this contract, and the Owner may withholc ount sufficient for payments from the Contractor in an amerformance bond iftpurpose end recourse necessary may be had against the surety on P h. The Contractor will include the provisions of clauses "a:', through "g:' in every sub rovisions contract or purchase order in such o e°at operat ations begpepfo mad within bur'�bsdicti�onalf each subcontractor or vendor n P the Owner. The Contractor will take suc locale of the Project being contracted by action in enforcing such provisions of such rbc! ons ot r�emedieasforanonecoomplOwner/c Contracting Agency may direct, including If the Contractor becomes involved ' °direchionis tbye�1e Contracting with litigation with a _ Agency/Owne� contractor or vendor as a result of such the Contractor shall promptly so note c�ttseof tl�eeOwr epr( Conttara'cti�cAgency'seque: him to intervene and protect the in jurisdietioncl area). RESTROOM FACIT.ITIES N - 2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1 .01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work covers the construction of a new 20' x 30' one story restroom / storage facility located at Tasker Park, Carroll Avenue, Peconic, New York, in full accordance with the contract documents. B. The intent of the Contract Documents is for the work to be completed and finished in all respects , including all labor, materials, equipment , tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. C. This contract includes all site work necessary for the completion of work . D. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract . 1 .02 WORK BY OTHERS A. The following will be provided by other: 1 . The Owner will provide and pay for the following : a. Installation of new water supply tank and well b. LILCO Service Charges and Underground Electric installation charges. C. All related building permits. END OF SECTION RESTROOM / STORAGE FACILITY ?010-1 Section 1080 - APPLICABLE CODES 1 .01 The latest effective publications of the following standards and codes , as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1 . Applicable codes or ordinances of local governing agencies. 2 . National Fire Protection Association (NFPA) 3. Underwriters Laboratories, Inc. (UL) 4. National Electric Code (NEC) 5 . New York Building Code 1 . 02 The Town of Southold shall obtain and pay for all permits and required inspections . END OF SECTION RESTROOM / STORAGE FACILITY 1080-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1 .01 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION:* The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen , and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1 . 02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION RESTROOM / STORAGE FACILITY 1500-1 Section 1600 - SUBSTITUTIONS 1 .01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1 .02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal " or "or approved equal " , the Contractor may submit an equivalent product for approval by the Architect . B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1 .03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect .' B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions . C. In making request for substitution . 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 . 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent . 1 .04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work . B. The Architect ' s decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product . RESTROOM / STORAGE FACILITY 1600-1 C. Substitutions which require a substantial revision of the Contract Documents will not be considered . 1 .05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed . END OF SECTION RESTROOM / STORAGE FACILITY 1800-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide all site preparation work . Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere : 1 . Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 STRIPPING: A. Stockpile all excavated sand & gravel in designated or approved location . All remaining stockpiled material at the end of the project will be collected by the Town of Southold . 3 .03 DISPOSAL: A. Burning of material on the site will not be permitted . B. Removal : 1 . Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours . C. Dumping: 1 . Construction & Demolition material generated by this project shall be dumped at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION RESTROOM / STORAGE FACILITY 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1 .01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1 . Excavation of unsuitable material to be replace with controlled fill material . 2 . Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1 . Site Preparation - 2100 1 .02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction . 1 .03 JOB CONDITIONS: A. Protection of Persons and Property: 1 . Barricade open excavations occurring as part of this work and post with warning lights. 2 . Operate warning lights as recommended by authorities having jurisdiction . B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement , lateral movement , undermining, washout and other hazards created by earthwork operations . Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions : 1 . Satisfactory Soil Materials: Materials classified by ASTM D 2487 , Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2 . Unsat i sf actory Soi 1 Materials: Materials classified by ASTM D 2487 , Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. RESTROOM / STORAGE FACILITY 2200-1 3 . Backfill and Fill Materials : Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of the Architect . Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor ' s expense. 3 .02 COMPACTION : A. General : Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures : Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs and Paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3 .03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1 . Under Walks, use satisfactory excavated or borrow material . 2 . Under Building Slabs , use satisfactory borrow material . RESTROO.14 / STORAGE FACILITY 2200-2 3.04 GRADING: A. General : Uniformly grade areas within limits of grading under this section, including adjacent transition areas . Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3 .05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material , including unacceptable excavated material , trash and debris shall be disposed of at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION RESTROOM / STCRAGE FACILITY 2200-3 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide all concrete work as shown. B. Related work Specified Elsewhere: 1 . Masonry Accessories - 4150 2 . Masonry - 4200 1 .02 QUALITY ASSURANCE: A. Codes and Standards : Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1 . ACI 318 "Building Code Requirements for Reinforced Concrete" . Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms' for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber , metal or other acceptable material . Provide lumber dressed on at least 2 edges and one side for tight fit . B. Form Coatings: Provide commercial formulation form coating compounds that will not bond with , stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2 .02 CONCRETE MATERIALS: A. Portland Cement : ANSI/ASTM C 150, Type I , unless otherwise acceptable to the Architect . B. Use one brand of cement throughout project , unless acceptable to the Architect . C. Air-Entraining Admixture: ANSI/ASTM 260. RESTROOM / STORAGE FACILITY 3000-1 2.03 REINFORCING MATERIALS: A. Welded Wire Fabric : ANSI/ASTM A 185, Welded Wire Steel . Part 3 - EXECUTION 3.01 FORMS: A. Design, erect , support , brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures are of correct size, shape, alignment , elevation and position. B . Design form-work to be readily removable without impact , shock or damage. 3 .02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slab to receive trowel finish. B. Trowel Finish : Apply trowel surface to all concrete slabs exposed to view. END OF SECTION RESTROOM / STORAGE FACILITY 3D00-2 DIVISION FOUR - MASONRY All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide all mortar for masonry work . B. Related Work Specified Elsewhere: 1 . Masonry Accessories - 4150 2 . Masonry - 4200 Part 2 - PRODUCTS 2 .01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C 144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean , taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3. 01 APPLICATION: A. Mix mortar in strict conformance with manufacturer ' s printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistence as can be necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re- tempered or used. C. Anti-freeze compounds and admixtures will not be Permitted in mortar. END OF SECTION RESTROOM / STORAGE FACILITY 4100-1 • 0 • • Section 4150 - MASONRY ACCESSORIES Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide all Masonry Accessories. B. Related Work Specified Elsewhere: 1 . Concrete - 3000 2 . Mortar - 4100 3. Masonry - 4200 1 .02 QUALITY ASSURANCE: A. The following Manufacturers are acceptable: 1 . Dur-O-Wall 2 . National Wire Products Corporation . Part 2 - PRODUCTS 2.01 MATERIALS: A. Anchor Bolts, inserts, Etc. shall be as required by the work and as indicated on the drawings . B. Wall reinforcing at masonry walls shall be "Dur-O-Wall " or equal truss type with 3/16" diameter side rods and # 9 cross rods. Coating shall be ASTM A153 Class B hot dipped galvanized 1 . 50 ounce Zinc Coating . Prefabricated corners and tee ' s shall be used at intersecting wal1s and corners . Reinforcing shall be 1 " less than nominal wall thickness. C. Provide compressible joint fillers at all control joints. D. Othe-R Accessories shall be as indicated on drawings or as required. Part 3 - EXECUTION 3 .01 INSTALLATION: A. All masonry accessories and reinforcing shall be installed as required or indicated on the Drawings . Care shall be taken when installing work not to damage or disturb the integrIty of the masonry construction . END OF SECTION RESTROOM /. STORAGE FACILITY 4150-1 Section 4200 - MASONRY Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide all concrete unit masonry work . B. Related Work Specified Elsewhere: 1 . Concrete - 3000 2 . Mortar - 4100 3 . Masonry Accessories - 4150 1 .02 QUALITY ASSURANCE: A. Split Face concrete masonry units (CMU) have been selected for color, texture and architectural effect . Any proposed substitutions must be approved by the Architect and his decision as to the suitability of any proposed substitute is final . 1 .03 SUBMITTAL' S: A. Submit sample Split Face CMU showing extreme range of color & texture prior to ordering any Split Face Units for this project . Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS - "CMU" : A. All sizes and shapes shall be as required or indicated on the drawings. B. Hollow Load Bearing Units : ASTM C 90 C. All concrete units shall be fabricated with a light weight aggregate meeting ASTM C 331 , and be cured by a single-stage high pressure steam autoclave at 365 degrees F at 150 PSI . Dry weight shall not exceed 84 # per Cubic Foot . 2. 02 SPLIT FACE CONCRETE MASONRY UNITS: A. Split Face CMU' s shall be 8-inches high by 16-inches long by 8-inches deep, nominal , as indicated, Williamsburg Cream with small aggregates as manufactured by Lonestar or approved equal . RESTROOM /- STORAGE FACILITY 4200-1 • • B. Physical Properties : Physical properties of Split Face Units at time of delivery to the job site shall conform to the following requirements: 1 . Compressive Strength, minimum - 2000 psi net area. (Average 5 units) 2. Compressive Strength , minimum - 1500 psi net area. ( Individual ) 3 . Absorption, maximum - 5 Lb. /Cu . Ft . not to exceed 5% (Average 5 units) 4. Sampling method, strength and absorption shall be in accordance with ASTM C 140. Drying shrinkage shall be determined in accordance with ASTM C 426. C. Provide finished Corner, Lintel , Flat Block and other units as required , to match split face units. 2 .03 CLEANING AGENTS: A. Cleaning agent , when required, shall be "Sure Clean" or approved equal . Muriatic acid shall not be permitted. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural , plumbing and mechanical work in and around the masonry construction . Additionally, the Contractor shall take all necessary precautions to protect the masonry work from damage during construction . 3.02 INSTALLATION: A. Joints and bond in masonry construction : Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch . Construct uniform tight joints and provide a concave struck joint on all exposed CMU, unless otherwise indicated on the drawings. B . Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect . Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3 . 03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes . END OF SECTION RESTROOM / STORAGE FACILITY 4200-2 DIVISION FIVE - METALS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1 . 01 DESCRIPTION A. Provide all miscellaneous metals including, but not limited to, the following: 1 . Metal grab bar brackets 2 . Other miscellaneous metals as indicated or required. Par 2 - PRODUCTS 2 . 01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts and bolts - ASTM A 325 C. Anchor bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF-S-92. E. Galvanizing - Hot-Dip Galvanizing shall conform to ASTM A 123 . Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT-P-86a, Type II . Part 3 - EXECUTION 3 . 01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work is not definitely shown or specified, shall be included. RESTROOM / STORAGE FACILITY 5600-1 • • • B. The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors, sockets, fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. 3 .02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION RESTROOM / STORAGE FACILITY 5500-2 DIVISION SIX - -WOOD AND PLASTIC All work in this section shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100- ROUGH CARPENTRY Part 1 - General 1. 01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 1 . Wood Joists. 2 . All miscellaneous framing, wood plates, blocking, back-up, etc. 3 . Roof sheathings and building papers. 4. All fasteners, nails and rough hardware. B. Related Work Specified Elsewhere: 1 . Miscellaneous Metals - 5500 2 . Toilet and Specialty Accessories - 10800 1 . 02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA) . B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66 . C. All lumber and plywood shall bear official grade marks. 1 . Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2 . Plywood shall bear grade trademark of the American Plywood Association (APA) , showing type, grade, class, identification index, and inspection agency mark. RESTROOM / STORAGE FACILITY 6100-1 Part 2 - PRODUCTS 2 . 01 MATERIALS:. _ A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln-dried to 15 percent maximum moisture content and be finished four side (S4S) . 2 . Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Treated. 3 . Blocking, furring, grounds and nailers shall be grade No. 2, Southern Yellow Pine. No grade no. 3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Treated. B. Plywood: 1 . Roof sheathing: Standard with exterior glue 1/2" thick. Part 3 -EXECUTION 3 . 01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3 . 02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, back-up, firestops, etc. , as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim: constructed as appropriate for intended use. C. Roof Sheathing: 1 . Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2 . Nail as per APA recommendations to develop full rated panel strength. END OF SECTION RESTROOM / STORAGE FACILITY 6100-2 DIVISION SEVEN - THERMAL AND MOISTURE PROTECTION All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 7100 - WATERPROOFING Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide a continuous uniform coating of a clear drying waterproofing system to be applied to the exterior surface of all exposed Split Faced Masonry. All exterior masonry surfaces shall be thoroughly treated as per manufacturers specifications . B. Related Work Specified Elsewhere: 1 . Mortar - 4100 2 . Masonry - 4200 1 .02 QUALITY ASSURANCE : A. Work in this Section must be performed by experienced , highly skilled tradesmen . The Contractor shall have been in this trade as a business for a minimum of five years and qualify his experience with commercial applications. 1 .03 SUBMITTALS: A. Submit Manufacturers catalog data & application instructions to the Architect for approval . No application is to commence without the approval of the Architect . Part 2 - PRODUCTS - NOT USED Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the waterproofing work is required to be applied . Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter the installer shall be fully responsible for satisfactory work as required herein . RESTROOM / STORAGE FACILITY 7100-1 B. All surfaces shall be prepared to receive the waterproofing application in accordance with the manufacturer ' s recommendations. 3.02 APPLICATION: A. All masonry waterproofing shall be spray applied to provide uniform coverage that is evenly spread to avoid runs, sags or holidays. B. Remove and protect all hardware, fixtures and accessories. Protect all framework and soffits as required. C. The Contractor shall protect his work at all times, and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. Upon completion of the work, he shall leave his part of the work in clean , orderly and acceptable condition . END OF SECTION RESTROOM / STORAGE FACILITY 7100-2 • • • • Section 7500 = ASPHALT ROOFING Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1 . Rough Carpentry - 6100 1 .02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1 . Johns - Manville or approved equal B. The roofing contractor shall be certified by the manufacturer and shall have a minimum of five (5 ) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer ' s standard specifications for New Roofing . Part 2 - PRODUCTS - NOT USED Part 3 - EXECUTION 3 . 01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on the drawings and furnish the necessary materials to ensure timely completion of the roofing work . 3 . 02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on the drawings and in accordance with the roof manufacturers printed specifications . Coordination of requirements for roof penetrations with mechanical , electrical and plumbing design shall be the Contractor' s responsibility. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION RESTROOM / STORAGE FACILITY 7500-1 DIVISION EIGHT _- DCORS AND WINDOWS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - METAL DOORS AND FRAMES Part 1 - GENERAL 1. 01 DESCRIPTION: A. Provide metal doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1 . Finish Hardware - 8700 1 . 02 QUALITY ASSURANCE: A. Manufacturer: Hollow Metal Work shall be manufactured by one of the following: 1 . Steelcraft 2 . Amweld 3 . Ceco Part 2 - PRODUCTS 2 . 01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rust-inhibiting metal primer. D. Frames: 1 . Exterior frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2 . Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. E. Metal Doors: Shall be 18 gauge flush type. F. Anchors: 1. Provide an anchor at each jamb for 'each 2 feet of door height or fraction thereof. 2 . Vary anchor types to provide positive fastening to adjacent construction. 3 . Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. RESTROOM / STORAGE FACILITY 8100-1 Part 3 - EXECUTION 3 . 01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2 . Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2 . Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3 . 02 INSTALLATION OF FRAMES: A. Exercise care in setting frames to maintain scheduled dimensions. Wherever possible, leave frame spreader bars intact until frames are set perfectly square and plumb and anchors are securely attached. 3 . 03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B. Hang door plumb and level and adjust operable parts for correct function. 3 . 04 PRIME COAT TOUCH UP: A. Immediately after erection, touch up areas where prime coat has been damaged shall be sanded smooth and touch up with same primer as applied at shop. All rust shall be removed before above specified touch up is applied. END OF SECTION RESTROOM / STORAGE FACILITY 8100-2 Section 8700 - .FINISH HARDWARE Part 1 - GENERAL 1 . 01 DESCRIPTION: A. Provide all door hardware for exterior doors B. Related Work Specified Elsewhere: 1. Metal Doors and Frames - 8100 1. 02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3 . Sargent 6 . Pemko 1 . 03 SUBMITTALS: A. Submit five copies of a complete schedule, including keying and samples to the Architect for approval. Part 2 - PRODUCTS 2 . 01 MATERIALS A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the hardware supplier' s responsibility to examine the drawings and door symbols and provide all necessary or additional hardware as required but not scheduled herein. Such items of hardware shall be of the same type, quality and quantity as that scheduled for similar doors or parts .of the building used for similar purposes. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or require modification to suit or fit the designated location, the hardware supplier shall promptly seek the correction or modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The hardware supplier shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, backcheck devices on closers or roller stops, as approved by the Architect in lieu of stops scheduled. RESTROOM / STORAGE FACILITY 8700-1 C. Hardware supplier shall be fully responsible for checking all details such as wall trim clearances, bevels, rabbets, backsets, proper type strike plates, length of spindles hands of locks, etc. in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Template information shall be furnished to door and frame fabricator and all other trades requiring same, in order that they may cut, reinforce, or otherwise prepare in the shop, material for the installation of hardware. 2.02 KEYING A. All locks shall be keyed and master keyed as directed by the The Town. B. Provide three ( 3 ) keys for each lock. Part 3 - EXECUTION 3 . 01 DELIVERY OF HARDWARE: A. All items of finishing hardware shall be delivered to the building or as otherwise specified a sufficient time in advance of its requirement for proper inspection prior to installation. All items shall be properly wrapped in separate packages, complete with all trim, screws, etc. , and be definitely numbered and labeled for each opening. 3 . 02 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer' s instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3 . 03 HARDWARE SCHEDULE: A. Manufacturers catalog number specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer' s will be acceptable provided that they provide the same function, appearance, quality level, and keying: RESTROOM / STORAGE FACILITY 8700-2 1 . Hinges - Stanley Hardware 2 . Locks - Russwin and Corbin as indicated 3. Dead Bolt Russwin and Corbin as indicated 4. Closers - Russwin 5. Miscellaneous - Ives B. HARDWARE SETS: SET #1 - Each Door to have (Restroom Doors, 2 Typ. ) 1. 1 /2 Pair Butts 1 EA. Closer 1 Ea. Passage Set 1 Ea. Interior Dead Bolt (Key at exterior) SET # 2 - Each Door to have (Mechanical Room, 1 Typ. ) 1 1/2 Pair Buts 1 Ea. Closer 1 Ea. Passage set 1 Ea. Interior Dead Bolt (Key at exterior ) SET # 3 - Each Door to have (Storage Rooms, 3 Typ. ) 1 1 /2 Pair Butts 1 Ea. Closer 1 Ea. Passage Set 1 Ea. Interior Dead Bolt (Key at exterior) 1 Ea. Exterior Hasp & Padlock END OF SECTION RESTROOM / STORAGE FACILITY 8700-3 • • DIVISION NINE - FINISHES All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 9900 - PAINTING Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide the field painting for the entire project , both interior and exterior; including, but not limited to, the following: 1 . Exterior: a. Exposed ferrous and galvanized metal b . Plywood soffits C. All wood fascia & trim d . Doors 2 . Interior: a. Exposed gypsum drywall ceilings b. Hollow metal frames C. Exposed ferrous and galvanized metal d. Doors e. Exposed Concrete Masonry Units 1 .02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1 . Glidden 2 . PPG (Pittsburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work . Part 2 - PRODUCTS 2 .01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as otherwise specified . Paint products shall be RESTROOM / . STORAGE FACILITY 9900-1 those of one manufacturer, premixed, ready for application . Do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect . 2 .02 EXTERIOR PAINTING: A. Ferrous Metal : 1 Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Speedenamel Omit primer coat when shop primed ; spot prime all marred or ruptured shop primer coats with primer specified . B. Galvanized Metal : 1 Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Speedenamel C. Wood Screen Framing , Soffit & Trim 1 Coat - Glidden Spread Prime Coat 3651 2 Coats - Glidden Spread House Paint 3600 Series 2. 03 INTERIOR PAINTING: A. Gypsum Drywall Ceilings 1 Coat - Glidden Spread Primer Sealer 2 Coats - Glidden Spread Satin Semi-Gloss Latex Enamel or Flat Latex as selected by the Architect . B. Ferrous Metal : 1 Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Listre Semi-Gloss Enamel as selected by the Architect . C. Galvanized Metal : 1 Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Listre Semi-Gloss Enamel as selected by the Architect . D. Concrete Masonry Unit Wall Surfaces: 1 Coat - Glidden Ultra-Hide Acrylic Latex Block Filler 2 Coats - Glidden Spread Lustre Semi-Gloss 2.04 OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint , the Architect shall determine the type paint necessary, with not less than two field coats required in any such instance . RESTROOM / STORAGE FACILITY 9900-2 Part 3 - EXECUTION 3 . 01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter painting Contractor shall be fully responsible for satisfactory work as required herein. B. Contractor shall thoroughly examine the Construction Documents and premises to determine the full extent of work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer' s recommendations. 3 . 02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, lighting fixtures, factory finished work and similar items or provide ample inplace protection. Upon completion of each space, carefully replace all removed items. C. The Contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint and varnish spots from the floors glass and other surfaces and shall leave his part of work in clean, ,orderly and acceptable condition. END OF SECTION RESTROOM / STORAGE FACILITY 9900-3 DIVISION TEN - SPECIALTIES All work in this division shall comply with all particulars of the General Conditions . Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1 .01 DESCRIPTION: A. Provide toilet and specialty accessories. 1 .02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1 . Miami-Carey 2 . Bobrick 3 . A.M. I . , Inc. 4. Accessory Specialties, Inc . 5. Bradley Corporation 6 . McKinney Part 2 - PRODUCTS 2 .01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier' s responsibility to examine the drawings and to provide all necessary and additional accessories as required . Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building . Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer ' s written instructions and approved shope drawings in the locations Architect . indicated on the drawings or as directed by the B. Soap dispensers shall be mounted on the wall such that the end of the spout will be over the lavatory bowl . RESTROOM / STORAGE FACILITY 10800-1 C. After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the owner. 3.02 SCHEDULE: A. Specialty Accessories specified herein for the purpose of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect ' s approval , Provided they Provide adequate functions and quality. Materials indicated are by Bobrick and J . L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1 . MEN'S TOILET: 1 Ea. Toilet paper holder 1 Ea. Grab Bar 1 Ea. Soap Dispenser 1 Ea. Paper Towel Dispenser & Disposal Unit 2. WOMEN'S TOILET: 1 Ea. Toilet paper holder 1 Ea. Grab Bar 1 Ea. Feminine Napkin Disposal Unit 1 Ea. Soap Dispenser 1 Ea. Paper Towel Dispenser & Disposal Unit END OF SECTION RESTROOM / STORAGE FACILITY 10800-2 DIVISION FIFTEEN - MECHANICAL All work in this division shall comply with all ,particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 15100 - PLUMBING Part 1 - GENERAL 1 .01 DESCR :PTION: A. The Contractor shall provide a complete working plumbing :system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and Basic Plumbing Code and all Local Ordinances at the Contractor ' s expense. B. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information and all applicable codes, standards and good accepted engineering practices. C. The Contractor shall be responsible for all connections to the new well and water storage tank (by others) . Coordinate all service and installation requirements with Kreiger Well & Pump and the Town of Southold. 1 .02 COORDINATION: A. The Contractor shall be solely responsible for cDordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION RESTROOM / STORAGE FACILITY 15100-1 DIVISION SIXTEEN - ELECTRICAL All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications . Section 16000 - ELECTRICAL Part 1 - GENERAL 1 .01 DESCRIPTION: A. The required electric service for this project has been sized for future ball field & tennis court lighting. The Contractor shall provide & install a 400 amp electric service. The service meter (C T Cabinet ) shall be installed on o free standing H frame that is constructed Of 6x6 CCA treated timber framing . The location shall be approximately 30' north of the proposed structure and the final design and/or construction of the H frame shall be as approved by the Architect . B. All wiring, splices, conduit , and workmanship shall be in accordance with the National Electrical Code, the requirements of the National Board of Fire Underwriters, The New York State Building & Electric Code and the requirements of the Long Island Lighting Company. C. The wire and cable for the Electrical service between the utility pole and the service meter shall be installed in four (4" ) inch diameter Schedule 80 pipe at a minimum depth of twenty-four (24" ) inches below grade. D. In addition to the incoming service, the contractor shall provide two - four (4" ) inch diameter PVC pipe conduits out of the mechanical room for future wiring of ball field lighting. PVC Conduits shall extend a minimum of 20 ' beyond the perimeter of the building . 1 .02 QUALITY ASSURANCE: A. The Contractor shall be responsible for providing a complete, working electrical system to serve the construction as shown on the drawings. The electrical system shall be designed by a qualified designer in accordance with the New York State Electrical Code and all local ordinances at the contractors expense. RESTROOM / STORAGE FACILITY 16000-1 • Part 2 - PRODUCTS 2 .01 MATERIALS: A. All wiring, Splices, Conduit , Service Meter, Electric Panels, installation details and all related accessories shall conform to the standards of the Long Island Lighting Company "Red Book" . Part 3 - EXECUTION 3. 01 INSTALLATION A. Verify all electrical requirements and placement of outlets, switches and devices with the Architect . B. The electrical service shall include final connections to all mechanical equipment . C• All work shall be performed by experienced tradesmen licensed to practice in the State of New York. END OF SECTION RESTROOM / STORAGE FACILITY 16000-2 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GUIDELINES AND REQUIREMENTS JAMES C. McMAHON y �� SCOTT L. HARRIS fY. AdministratorN r,. : Supervisor 41'. Town Hall, 53095 Main Road Telephone (516) 765-1892 "�;; P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT AGENCY PROJECT: ROBERT TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, NY Dear Contractor: Please find the enclosed forms: 1. Notice 2. Equal Employment Opportunity - Executive Order 11246 3 . Equal Opportunity Bid Conditions for Federal and Federally Assisted Construction 4. Federal Wage Rates 5. Instruction for Completing Payroll Forms WH-347 6 . Pre-construction Checklist for Contractors 7. Contracting Opportunities for Minorities and Females 8. Federal Labor Standards Provisions 9. Section 109 and Section 110 of PL93-383 10. Requirements for Contractors 11. Section 3 Plan 12. Contractors Responsibilities 13 . Fair Trade Practice If you have any questions on the above, please give me a call. NQTICE This project is being assisted by funding from the Federal Government of the United States of America under one or more current federal funding programs , and as such, the performance of all work contemplated under the terms and conditions of this set of plans, specifications and related documents must conform to certain basic and specific standards and requirements of both the Federal and New York State governments . The federal labor-standards provisions setting forth the requirements for federal funding are contained in these documents. In the event of conflicting requirements , Federal, and State provisions set forth shall take precedence over local requirements, except for bonding and insurance requirements where local provisions , requirements and standards will apply. "e020.1 �==endix 1 DEPAnTJVIENT CP HCUS!NG AND (JRBAN D�EVELOPMENI' •ee Executive O-der 11246, cs &mended . ;►,� ,.'a MUAL EMPLOYIvtcNT OPPORTUNITY Executive Order 11247 COORDINATION BY ATTORNEY GENERAL EQUAL EMPLOYMENT OPPORTUNITY Executive Order 112461 r3o Fa 12319-257 yUnder and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States,it is ordered as follows: Pa1rr I—Norroncauxi.raTTox tx GOVERNMENT EMpf ozs&.r1• Sac. 101. It is the policy of the Government of the United States to provide equal opportunity in.Federal employment for all qualified persons, to prohibit discrimination in employment because of race, color, religion,sex or national origin, and to provide the full realiza• tion of equal employment onportunity throu2a a positive, continuing program in each executive department and atiency.The poiicy of equal opportunity applies to every aspect of Federal employment policy and practice. SZc. 102 The head of each executive department and agency shall establish and maintain a positive program of equal employment oppor-tunity for all civilian employees and applicants for empio:mant within his jnri�diction in accordance with the police set forth in Sectoin 101. Sgc. 103.The Civil Sen:ce Conunission shil supervise and provide leadership and guidance in the conduct of eq-tial employment oppor- tunity programs for the civilian employees of and applications for employment within the executive departments and agencies and shall review agency prog•aln accompiisnments periodically. in order to facilitate the achievement of a model program for equal employment o.pportunity in the Federal service,the Commission may consult from time to time with such individuals.;coups,or orgaaisations as may be Of assistance in improving the Federal program sad realizing the objectives of this Part. SEC. 104. The Civil Service Commission shall provide for the prompt, fair, and impartial considerst.on of all complaints of dis- crimination in Federal employment on 411.basis of race,color,religion, sex or national origin. Procedures for the consideration of complaints shall include at leas&one imps.—tibi review within file exec icive der,- i.- ment or agency and shall provide for appeal to the Civil Service Commission. Sac. 105.The Civil Service Commission shall issue such regulations, orders;and instructions as it deems necessary and appropriate to carry out its responsibilities under this Part,and the head of each executive department and agency shall comply with the regulations.orders,and instructions issued by the Commission under this Part. I Amended by E=eeyn.e order 113:3 of goober 13. 1967.32 ped.se*. 14303.to provide that the program of e0ual employment opportunity include proAtelttoa asu.ac dlaerlm ide On*on aceount of a { Page 1 8020.1 Appendix: 1 Paan II—NOWDrecRrmm. Anox tx Expwr=wT By GovaaxmzNT CioNTRAcrORa AND SUW.ONTRACrORS SURPART A—DtT ms or Taz aaCRM11T Or LABOR Szc.201.The Secretary of Labor shall be responsible for the admin- istration of Parts II and III of this Order ana shall adopt-such rules and regulations and issue such orders as he deems necessary and ap- propriate to achieve the purposes thereof. SIMPA$P H—OONTRACTOW AORS!=.Vn Sac. 202. Except in contracts exempted in accordance with Section • 204 of this Order, all Government contracting agencies shall include in every Government contract her_aitcr enterea into the ioilowing - provislcros: "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, color, religion, sex, 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, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruit- ment or recruitment advertising; livoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspiFuous places, avillable to employees auu dnpllcania for wnpioyraefit, Ao�li;6o w 1A provided by the contracting officer setting forth the provisions of this nondiscrimatlon clause. "(2) The contractor will, in s11 solicitations or advertisements for ea loyees placed by or on behalf of the contractor,state that all quali- ,fled 7plicants will receive consideration for employment without regard to race,color, religion,sex,or national origin. `(3) The contractor will send to each labor union or representative Of workers with which he has a collective bar asm' mg agreement or other contract or understandir,- ..,a notice.to be provided by the agency contracting officer,advising tin,labor union or workers'representatlre of the contractors'commitments under Section-_EP2 of Executive Order No. 11246 of September 24, 1965, and ;hall post copies of the notice in conspicuous places available to employees and applicants for employ- M991t. "(4) The contractor will comply, with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports M quired by Executive Order No. 11246 of September 24 1965,and by the rules, regulations, and orders of the Secretary of L;Vor or pursuant thereto, and will permit access to his books. records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and ordem Page 2 . ' 8020.1 Appendix 1 "(6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules,rc;u- lations, or orders, this contract may be cancellea, terminated or sus- . pended in :chole or in part and the contractor may be declared ineli- gible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order \o. 112.16 of September�4. 1963,or be ruie,revu- lation, or order of the Secretary of Labor, or as otherwise provided by lay.. "(7) The contractor will include the provisions of Paragraphs (1) through (T) in even• subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section 204 of Executive Order•:;o, 11246 of September 24, 1905, so that such provisions will be binding upon each subcontractor or vendor. 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 inclndin_, sanctions for noncom- pliance: Provided. Awrever. 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 Stntes to enter into such litigation to protect the interests of the United States." SEc. 203. (a) Each contractor having_ a contract containing the pro- visions prescribed in Section 202 shall file, and shill cause each of his succontractors to file,Compliance Reports with the contracting agency i or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as c CO the practices, �,J�ic..,-. S, pM--TQ P... „_b__..._, n d PTn10Vment policies, pro- grams, and employment statistics of the contracto- and each sub- contractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any provious con- tract subject to the provisions of this Order,or any preceding similar Executive order, and to that event to submit,on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract, (c) Whenever the contractor or subcontractor has a collective bar- gaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising appenticeship or training for such workers, the Compliance Report AM] include such information as to such labor union's or aeency's ' . practices and policies affecting compliance as the Z.crecary of L_:>ur may prescribe:Pro tided,That to the extent such information is within the exclusive possession of a labor union or an agency referring work- ers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such iniormation to the contractor, the con!rsctor shall so certifv to the contracting agency as part of its Compliance Report and shall set forth khat etforts he has made to obtain such information. Page 3 8020.1 Appendix 1 (d) The contracting agency or the Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall sub. nut, as part of his Compliance Report, a statement in wricing, signed by an authorized officer or agent on behalf of anv labor union or any agency referring workers or providing or supervising apprenticeship or other trainine, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race,color, religg"ron,sea or national origin,and that the signer either will afarma- tively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment,employment, and the terms and conditions of employment under the proposed con- tract shall be in accordance with the purposes and provisions of the 1' order. In the event that the union,or the agency shall refuse to execute s•.rch a statement, the Compliance Report shalf so certify and set forth what efforts have been made to secure such a statement and such addi- tional factual material as the contracting agency or the Secretary of Labor may require. Sec. 204. The Secretary of Labor mav, when he deems that special circumstances in the national interest so require,exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in anv specific contract, subcontract, or purchase order. The Secretary of Labor max, by rule or reguia- tion, also exempt certain classes of contracts, subcontracts, or pur- chase orders (1) whonever work is to be or has been Deriormed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial sup- plies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers;or (�) to the extent that they in suocontracts beiow a specined tier. I ne Jecretary of Labor may also provide, by rule, regulation, or order, for the exemption of-facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the Derformance of the contract: Provided, That such an exemption will not interfere with or impede the effectuation of the purposes of this Order: Andprovided further,That in the absence of such an exemption all facili- ties shall be covered by the provisions of this Order. BL WMM O--POWMB AND DU7M% O?THE SECPXrARr OF r.AWR AND THE 00147SACr'I\O AOE.YCM8 Sec. 205. Each contracting agency shall be primarily responsible for obtainincompliance with the rules, regulations,and orders of the Secretary of g Labor vith respect to eonttacts entered into by such agency or its contractors. Ail contracting agencies shall complf with the rules of the Secretary of Labor in discharging their primary responsibility for securing compliance with the provisions of con- tracts and otherwise with the terms of this Order and of the rules, regulations, and orders of the Secretary of Labor issued pursuant to this Order. They are directed to cooperate with the Secretary of. Labor and to furnish the Secretary of Labor such information and assistance as he may require in the performance of his functions under this Order. They are further directed to appoint or designate, from Page 4 "IN 8020.1. Av--endix 1 among the agency's personnel, compliance officers. It shall be the duty of such officers to seek compliance with the objectives of this Order by conference, conciliation, :mediation, or persuasion. Sec.2b6. (a) The Secrctary, i Labor may investigate the employ- ment practices of any Government contractor or subcontractor,or ini- tiate such investigation by the appropriate contracting agency, to de- termine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secre- tary of Labor and the investigating agency shall report to the Secre- ta of Libor any action taken or recommended. (b) The Secretary of Labor may receive and invest.inte or cause to be investigated complaints by employees or prospective employees of a Government contractor or s_,bcontrsctdr which al:c•q-e discrimina.- tion contrary to the contractual nrovisions specified in Section 202 of this Order. If this investigation is conducted for the Secretary of Labor by a contractin- a_.encv, that agency shall report to the Secretary what action has%een taaen or is recommended with regard to such complaints. Sec.207. The Secretary of Labor shall use his best efforts, directly and through contracting agencies, ocher interested Federal,State, and local agencies,contractors,and all other available instrumentalities to cause any labor union Pngmgsd in work under Government contracts or any agency referring worKers or providing or supervising appren- ticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretar;v of Labor shall, in appropriate cases, notify the Equal Employment ` /1 .. l��T.�iC: �i a Dn.w newt of �Tt�ctiCo Or ethos appra- priate Federal agencies whenever it liar reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Fed- eral law. Sw. 203. (a) The Secretary of Labor, or any agency, officer, or employee in the executive brinch of the Government designated by rule, regulation, or order of the Secretarv, may hold such hearings, public or private,ns the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold,or cause to be held,hearings in accordance with Subsection (a) of this Section•prior to imposing, ordering, or recommending the imposition of penalties and sanctioi.s under this Order. No order for debarment of anv contractor from further Government rontrnns under Som ion -209(a1(6) shall be rnade without atfording the contractor an opportunity for a hearing. SUBPART D—RAMMO\8 AND PENALTIES Sec. 209. (a) In accordance with such rules, regulations,or orders as the Secretary of Labor may issue or adopt, the S?cretary or the appropriate contracting ngency may: (l) Publish, or cau_e to bi published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. f Page 5 _:,ao 8020.1 Appendix 1 (2) Recommend to the Depsrtmet:t of Justice that in cases is which there is substantial or material viblation or the threat of sub- stantial or material violation of the contractualpprovisions set forth in Section 202 of this Order, appropriate proceedines be brought to enforce those provisions, in^.lulling the enjoining, within the limita- tions of applicable law, of organizations, individuals, or groups who prevent directly or indirectly,or seek to prevent directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Empployment Opportunity Commis- sion or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 19G4. (4) Recommend to the Department of Justice that criminal pro- ceedings be brought for the furnishing of false information to any con- tractino, agency or to the Secretary of Labor as the case may be. (5) Nncel,terminate,suspend,or emus%to be canceled,terminated, or suspended, any contract, or any portion or Portions thereof, for failure of the oontrsctor or subcontractor to comply with the non- discrimination provisions of the contr=t.Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program. for future compliance approved by the contracting agency. (6) Provide that any contracting agency shall refrain from enter- mg into further contracts, or extensions or other modifications of existing contracts,with any noncomplying contractor, until such con- tractor has satisfied the Secretary of Libor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. La�boo (b) Under rules and regulations prescribed by the Secretary of r, each contracting agency shall made reasonabie efforts within a rea onabie time HutiMUuu w Sei lido c MZ':srcr; With the zontrict provisions of this Order by methods of conference, conciliation,rnedi- ation, and persuasion W_iore proceedings shall be instituted under Subsection I a)(2) of this Section. or before a contract shall be can- celed or terminated in whole.or in part under Subsection (a)(5) of this Section for failure of a contractor or subcontractor to comply with the contract provisions of this Order. SEc. 210. Any contracting agency taking any action authorized by this Subpart, whether on its own motion, or as directed by the Secre- tary of Labor, or under the rules and regulations of the Secretary, sha11 pro+aptly notify the Secretary, of such action. Whenever the Secretary of Labor makes a determination under this section,he shall promptly notiiv the appropriate contracting agency of the action recommended. The egencv shall take such action and shall report • the results thereof to `ine 1�ecretarr of Labor within such time as the • Secretary shall specify. Szc. 211. If the Secretary shall so direct,contracting agencies shall not enter into contracts with any bidder or prostective contractor unless the bidder or prospective oontractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor or,if the Secretary so authorizes, to the contracting agency. SEc. 212. Whenever a contracting agency cancels or terminates a contract, or whenever a contractor has been debarred from further Page 6 8020.1 Appendix 1 Government contracts, under Section 209(a)(6) because of noncom- pliance with the contract provisions with regard to nondiscrimination. ary the Secretof Labor, or the contractu' azency involved, shall promptly notify the Comptroller General or the United States. Any such debarment may be rescinded by the Secretary of Labor or by the contracting agency which imposed the sanction. SMIPABr L--CrXTIFIC4T= OF XM= SEc. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be enzaed in i work under Government contracts, if the Secretary is satishe that the personnel and employment practices of the employer, or that the personnel, training, apprenticestup, membership, grievance and rep- resentation, upgrading, and other practices and poiicies of the labor union or other agency conform to the purposes and provisions of this Order. SEc. 214. Any Certificate of Merit may at any time be suspended or revoked by the Secretary of La:,vr if the holder thereof, in th3 judgment of the Secretary, has failed to comply with the provisions of il*s Order. SEc.215. The Secretary of Tabor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements unposed under or pursuant to this Order if such em- ployer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. PAwr 7TT—No__-rarecP,Ixlxaaox Paovrarorrs zx FrJorasltz AssrsTw Coxsmucnox Covrnrecrs Spa.301. Each executive department and agency which administers a program involving Federal financial assistance shall require as a condition for the approval of any brant, contract, loan, insurance, or guarantee thereunder.which may involve a construction contract,that the applicant for Federal assistance undertake and agree to incorpo- rate� or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Guvern- meat or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee. or undertaken pursuant to any Federal program involving such grant,contract,loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 203 of this Order or such modincation thereof, nrecerring in substance the contractors obligations thereen&%r,as may be approved by the Secretary of Labor,together with such additional provisions as the Secretary-deems appropriate to establish and pro- tect the interest of the United States in the enforcement of those obli. gations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the administering department or agency and the axretary of Labor in obtaining the compliance of con- tractor' and subcontractors with those contract provisions and with the rules, regulations, and relevant orders of the Secretary, -(2) to obtain and to furnish to the administering department or agency and ?age 7 8020.1 R l Appendix 1 to the Secretary of Labor such information as they may require for the supervision of such compliance, (3}• to carry out sanctions and penalties for violation of such obligations imposed upon contradtors and subcontractors by the Secretary of Labor or the administering department or agency pursuant to Part I1, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts unde Part II, Sub- part D, of this Order. Sec. 302. (a) "Construction contract" as used in this Order means a any contract for the construction, rehabilitation, alteration, conver- sion, extension, or repair of buildings, highways, or other improve- ments to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the ad- ministering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant"as used in Lhis Order means an applicant for Federal assistance or. as determined by agency regulation, other program participant, with respect to whom an upplication for any grant,contract, loan, insurance. or guarantee is not rinally acted upon prior to the effective date of this Part, and it includes such an applicant after he becomes a recipient of such Federal assistance. Sac. 303. (a) Each administering department and agency shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering depart- ment and agenev is directed to cooperate with the Secretary of Labor, and to furnish the Secretary such information and assistance as he may require in the performance of his functions under this Order. (b) In the event an applicant fails and refuses to comply with his undertakings, the administering department or agency may take any or all of the foHowin¢ actions: (1) cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with such applicant with respect to which the failure and refusal occurred; (2) refrain from extending any further assistance to the appiicant under the program, with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and (3) refer the case to the Depart- ment of Justice for appruuriate legal proceedings. (c) Anv action with respect to an applicant pursuant to Subsection (b) shall-be taken in conformity with erection 602 of the Civil Rights Act of 1S6>4 kand ,,e regulations of the administering department or agency issued thereunder), to the extent. applicable. In no case shall action be taken with respect to an applicant pursuant to Clause (1) or (2) of Subsection (b) without notice and opportunity for hearing before the administering department or agency. Sac. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in em- ployment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibili- ties with respect to compliance standards, reports, and procedures as Dago 8 HUZ-W"U..D.C 8020.31 ppenaix would tend to bring the administration of such re(tuirements into con- formity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. Parr IV—U1scELLAHEoUs SEc.401. The Secretary of Labor may delegate to any*officer,agency, or employee in the Executive branclrof the Government, any function t or duty of the Secretary under Parts II and III of this Order, except authority to promulgate rules and regulations of a general nature. Szc.402. The Secretary of Labor shall provide administrative sup- port for the execution of the program known as cue "Plans for Progress." SEc.403. (a) Executive Orders Mos. 10590 (January 19, 1955), 10722 (August 5, 1957),10925 (March 6, 1961),11114 (June 22,1963), and 11162 (July 28, 1964), are herebv superseded and the President's Committee on Equal Employment Opportunity established'by Ex- ecutive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Civil Service Commission and the Secretary of Labor,as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Execu- tive Order sunerseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the Presi- dent's Committee on Equal Employment Opportunity and-those issued by the heads of various departmaaw or agancicz ;:nacr orr•�:�i_rt to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked,or superseded by appropriate authority. References in such directives to provisions of tfie super- seded orders shall be deemed to be references to the comparable provi- sions of this Order. SEC.404. The General Services Administration shall take appropri- ate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. Szc. 405. This Order shall become effective thirty days after the date of this Order. LTHpoH B.Joxxsox. T�SDsrrE HotrsE. ' . September 24,1965. Page 9 1 HllDaaae�.,O.C. 8020.1 A 3 Appendix 1 ' COORDINATION BY ATTORNEY GE.:E:tAL Executive Order 11217 130 F.R. 123371 PROVIDING roR THE CooRDINATION BT THE ATTORNDT GENERAL OP EYrORCMIFU T or TrrLE VI OF THE CIVIL RIGHTS Acr or 1964 Whereas the Depa-`iaents and agencies of the Federal Government have adopted uniform and consistent regulations imDlementinm Title VI of the Civil Rights Act of 1964 and, in cooperation with the President's Council 'on Equal Opportunity, have embarked on a coordinated program of enforcement of the provisions of that Title; SVhereas the issues herenfter arising in connection with coordi- nation of the activities of the departments and a-encies under that Title kill be predominantly le^nl in character and'in many cases will be related to 1'udicial enforcement:and tiVhereas the Attorney Genera is the chief law officer of the Federal Government and is charted %vi�Ji the duty of enforcing the laws of the United States: Now,therefore,by virtue of the airthority vested in me as President of the united States by the Constitution- and laws of the TJnited States,it is ordered as foflows: SEC=ox 1. The Attorney General shall assist Federal departments and as neies to coordinate their programs and activities and adopt consistent and uniform policies,practices,and procedures with respect to the enforcement of Title VI of the Civil Rights Act of 1964. Ha may promulgate such rules and regulations as lie shall deem neces- sarC 3•to carry out his functions under this Order. ,4r• 2. EArh For em! derartment and ag2ncj shw11 coopera.a with the attorney General in the performance of 'res functions under this Order and shall furnish him such reports and information as he may regvuest. bEc. 3. Effective 30 days from the date of this Order Executive Order No. 11197 of February S, 1963, is revoked. Such records of the President's Council on Equal Opportunity as may pertain to the enforcement of Title VI of the Civil Rights Act of 1964 shall be trans- ferred to the Attorney General. SEc. 4. All rules, regulations, orders, instructions, designations and other directives issued by the President's Council on Equal Oppor- tunity relating to the implementation of Title VI of the Civi'_ Rivhts Act of 1964 shall remain in hill force and effect unless and until revoked or superseded by directives of the attorney General. 10 Tux TVHrre House, LTNDON B. Jox.reoN. September 24, 1965. o.a GOV nIMENT nmrrwa orncs,Isio o•396.313 a» •s:-sss Page 10 DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs NEW FORMAT FOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY 810 CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION NOTICE On Apri l 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a notice and opportunity for comment concerning the intention of the Department of Labor toocbpt New Model Federal EEO Bid Conditions for inclusion in Federal and federally assisted construction contracts and subcontracts in selected areas. The Following Model Federal EEO Bid Conditions are issued to carry out the purposes of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect changes which were made as a result of comments received on the proposed Model Federal EEO Bid Conditions. The comments received were equally distributed between those favorable and unfavorable. In general those Favorable felt that deletion of the Bidders' Certification will eliminate undue and costly delays resulting From contractors and subcon- tractors being declared nonresponsive because of their Failure to fill in a form correctly. Those opposed to elimination of the Bidden' Certification felt that a ore-award certifi- cation is essential in establishing the contractors' and subcontractors' commitment to affir- mative action. The Department has carefully considered all the comments and has determined that the format developed in the new Model Federal EEO Bid Conditions adequately apprises pro- specitve contractors -and subcontractors, prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible with procurement principles. Under Comptroller General opinions and the decisions in Northeast Construction Comoany v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Comoanv v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the Failure of a bidder to specify its goals for minority employment as required by imposed pians or the failure of a bidder to complete and submit a Bidder' Certification Form as required by the Bid Conditions in hometown plan areas requires the contracting agency to declare the bid non-responsive . This has caused the loss of hundreds of thousands of dollars because defective low bids were discarded in favor of the new low bid. The original reason for requiring the submission of a properly executed Bidders' Certifi- cation was that it was thought to be helpful in informing contractors of their obligations and eliminated inattentive bidders. However, it is now an opinion that contractors are rec- sonably aware of their EEO obligations so as to obviate the need for certification. Therefore, the amendment of the Bid Conditions would climinate the signature and Fill-in-fhe-blank requirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidden that they will be committed to the goals contained therein by submitting a properly signed bid. This amendment does not diminish the goverment's enforcement ability or applicable EEO requirements yet permits contracting agencies to award contracts to the lowest responsive and responsible bidder. It is for this reason that the new Model Federal EEO Bid Conditions make the of- firmative action requirements binding on all bidders who submit signed bids. Accordingly, effective September 1, 1976, ail contracting and administering agencies are directed to adopt the new Model. Federal EEO - Bid Conditions for inclusion in„all future invitations For bids on ail non-exempt Federal and federally assisted construction contracts and subcontracts awarded in areas covered by hometown plans (Part 0 and Part II EEO requirements. Further, ail other forms of Federal EEO Bid Conditions containing hometown plans and Part II EEO Bid Condition requirements now in use for such areas are not to be in- ciuded in Invitctions for Bid after adoption of the new Model Federal EEO Bid Con- ditions. This new format hos been coordinated through the Office of Federal Procurement Policy of the Office of Management and Budget in accordance with P.L. 93-400, the Office of Federal Procurement Policy Act. Set forth below are the new Model Federal EEO Bid Conditions: BID CONDITIONS AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY For all Non-Exempt Federal and Federally- Assisted Construction Contracts to be Awarded in (NASSAU AND SUFFOLK COUNTIES, NEW YORK) NOTICE EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON- TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART II, AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN EITHER PART 1 OR PART Il, AS APPLICABLE, AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO- PERLY SIGNED BID. THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Part I: The provisions of this Part I apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK Plan) for equal opportunity and have jointly made a commitment to specific goals of minority and, where applicable, female utilization. The NASSAU - SUFFOLK Plan is c tripartite voluntary agreement between (CONTRACTORS, UNIONS, 8 MINORITY COM- MUNITIES), The NASSAU-SUFFOLK Plan , together with all implementing agreements that have been and may hereafter be developed pursuant thereto, are incorporcted herein by reference. Any contractor using one or more trades of construction employees must comply with `� either Part I or Part 11 of these Bid Conditions as to each such trade. A contractor may 8 therefore be in compliance with Part I of these Bid Conditions by its participation with the labor organization which represent its employees in the NASSAU-SUFFOLK Pian as to one trade provided there is set forth in the NASSAU-SUFFOLK Plan a specific com- mitment by both the contractor and the labor organization to a goal of minority utili- zation for that trade. Contractors using trades which are not covered by Part I (See Part 11, Section A) must comply with the commitments contained in Part II including goals for minorities and female utilization set forth in Part 11. If a contractor does not comply with the requirements of these Bid Conditions, it shall be subject to the provisions of Part II. Part II : A. Coverage. The provisions of this Part 11 shall be applicable to those contractors who: 1 . Are not or hereafter cease to be signatories to the NASSAU-SUFFOLK Plan incorporated by reference in Part I hereof; 2. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaining agreements; 3. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which are not or hereafter cease to be signatories to the NASSAU-SUFFOLK Plan 4. Are signatories to the NASSAU-SUFFOLK Plan and are parties to collective bargaining agreements with labor organizations but the two have not jointly executed a specific commitment to goals for minority utilization and incorporated the commit- ment in the NASSAU-SUFFOLK Plan;: or 5. Are participating in a affirmative action plan which is no longer acceptable to the Director, OFCCP, including the NASSAU-SUFFOLK Plan. 6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which together have failed to make a good faith effort to comply with their obligations under the NASSAU-SUFFOLK Plan and, as a result, have been placed under Part II of the Bid Conditions by the Office of Federal Contract Compliance Programs. B. Requirement -- An Affirmative Action Plan. Contractors described in para- graphs 1 through 6 above shall besubject to the provisions and requirement of Part 11 of these Bid Conditions including the goals and timetables for minority-17 utiliza- tion, and specific affirmative action steps set forth in Sections B. 1 and 2 of this Part 11. The contractor's commitment to the goals for minority utilization as required by this Part 11 constitutes a commitment that it will make every good faith effort to meet such goals. 1 . Goals and Timetables. The goals of minority utilization required of the con- tractor are applicable to-each trade used by the contractor in the NASSAU-SUFFOLK Plan area and which is not otherwise bound by the provisions of Part I. For all such trades the following goals and timetables shall be applicable. Goals for Minority Utilization Until (1/1/74) (6.0°'0 - 8.0%) � } From ( ) to ( ) ( ) `7 From ) to ( ) ( ) ( ) to ( ) ( ) From ( ) to The goals of minority and female utilization above are expressed in terms of hours of training and employment as a proportion of the total number of hours to be worked by the contractor's aggregate work force, which includes all supervisory personnel, in each trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan area during the performance of its contract (i.e. , the period beginning with the first day of work on the Federal or federally assisted construction contract and ending with the lost day of work) . The hours of minority employment and training must be substantially uniform throughout the length of the contract in each trade and minorities must be employed evenly on each of the contractor's projects. Therefore, the transfer of minority employees or trainees 1� "Minority" is defined as including Blacks, Spanish Surnamed Americans, Orientals and American Indians, and includes both minority men and minority women. 2_/ In the event that any work which is subject to +ese Bid Conditions is per- formed in a year later than the latest year for which goals of minority utilization have been established, the goals for the last year of the Bid Conditions will be applicable to such work. from contractor to contractor or from project-to-project for the purpose of meeting the contractor's goals shall be a violation of Part If of these Bid Conditions. If the contractor counts the nonworking hours of trainees and apprentices in meeting the contractor's goals, such trainees and apprentices must be employed by the contractor during the training period.; the contractor must have make a commitment to employ the trainees and apprentices at the completion of their training subject to the availability of employment opportunities; and the trainees must be trained pursuant to training pro- grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or approved as supplementing the NASSAU-SUFFOLK Plan. , 2. Specific Affirmative Action Steps. No contractor shall be found to be in • noncompliance with Executive Order 11246, as amended, solely on account of its failure to meet its goals, but shall be given an opportunity to demonstrate that the contractor has instituted all the specific affirmative action steps specified in this Part If and has made every good faith effort to make these steps work toward the attainment of its goals within the timetables, all to the purpose of expanding minority utilization in its ag- gregote -work force in the NASSAU-SUFFOLK Plan. area. A contractor subject to Part I which fails to comply with its obligations under the Equal Opportunity clause of its contract (including failure to meet its fair share obligation if provided in the NASSAU- SUFFOLK Plcn) or subject to Part II which fails to achieve its commitments to the goals for minority utilization has the burden of proving that it has engaged in a affirmative action program directed at increasing minority utilization and that such efforts were at least as extensive and as specific as the following: a. The contractor should have notified- minority organizations when employ- ment opportunities were available and should have maintained records of the organizations' response. b. The contractor should have maintained a file of the names and addresses of each minority referred to it by any individual or organization and what action was taken with respect to each such referred individual, and if the individual was not employed by the contractor the masons therefor. If such individual was sent to the union hiring hall for referral and not referred back by the union or if referred, not employed by the contractor, the file should have documented this and the masons therefor. c. The contractor should have promptly notified the contracting or admin- istering agency and the Office of Federal Contract Compliance Programs when the union or unions with which the contractor has collective bargaining agreements did not refer to the contractor a minority sent by the contractor or when the contractor had other infor- mation that the union referral process has impeded efforts to meet its goals. • 7 d. The contractor should have disseminated its EEO PclI*cY within its by including it in any employee handbook or policy manual; by publicizin t organization om- pony newspapers and annual reports, and by advertising such policy at reasonable intervals in union publications. The EEO policy should be stiff meetings to explain and discuss the policy; b further disseminated by conducting the policy with minority employees. Y Posting of the policy; and by review of e• The contractor should have disseminated its EEO policy externally b informi and discussing it with all recruitment sources; by advertising in news media sYeng Cally including minority news medic and by notifying and discussing it with alisubcon - tractors. f• The contractor should have made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority oraan- izations, schools with substantial minority enrollment, and minority recruitment and organizations within the contractor's recruitment area. a Hing g. The contractor should have evidence avaiiable for inspection that all tests and other selection techniques used to select from among candiates for hire, transfer, prom - tion, training or retention are being used in a manner that does not violate the OFCCP Testing Guidelines in 41 CFR Part 60-3. h. The contractor where reasonable should opportunities and participated and assisted in all Department lof LobartFunoed ded training approved training programs relevant to the contractor's employee needs consistent with its obligations under this Part 11. i. The contractor should have made sure that seniority practices and job class- Mcotions do not have a discriminatory effect. i. The contractor should have made tertian that all Facilities were segregated by race. not k. The contractor should have continually monitored all personnel activities to ensure that its EEO policy was being carried out including the evaluation of minority employees for promotional opportunities on quarterly basis and the encouragement of such employees to seek those opportunities. 1. The contractor should have solicited bids for subcontractors from available minority subcontracts engaged in the trades covered by these Bid Conditions, includin circulation of minority contractor associations. g NOTE: The Assistant Regional Administrator of the Office of Federal Contract CompT Ce Programs and the complicnce agency staff will provide technical 1 on questions pertaining to minority recruitment sources, minority communityo gani a do and minority news medic upon receipt of a request for assistance From a ontractora ions 3. Subseauent Signatory to the NASSAU-SUFFOLK Plan. Contractors that are subject to the requireff+ents of Part 11 at the time of t e su mission of their bids which, together with labor organizations with which they have collective bargaining agreements, subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or through an association, will be deemed bound to their commitments to the NASSAU- SUFFOLK Plan from that time until and unless they once again become subject to the requirements of Part II pursuant to Section A. 1-6. 4. Non-discrimination. In no event may a contractor utilize the goals and affirmative action steps required by this Part If in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national origin. Part Ill : Comolionce and Enforcement. In oil cases, the compliance of a contractor will be determined in accordance with its obligations under the terms of these Bid Conditions. Therefore, contractors who are governed by the provisions of either Part I or Part 11 shall ce subject to the requirements of that Part regardless of the obligations of its prime contractor or lower tier subcontractors. All contractors performing or to perform work on projects subject to these Bid Con- ditions hereby agree to inform their sribcontractors in writing of their respective obliga- tions under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority employment and training. A. Contractors Subject to Part 1. 1 . A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part 1, provided the contractor together with the labor organization or organizations_ with which it has a collective bargaining agreement meet the goals for minority utiliza- tion to which they committed themselves solely responsible for any final determination of that question and the consequences thereof. 3. Where OFCCP finds that a contractor has failed to comply with the requirements of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it shall take such action and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds with such formal action it has the burden of proving that the contractor has not met requirements of these Bid Conditions. The failure of the contractor to comply with its obligations under the Equal Opportunity clause shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements of these Bid ConditionsTby instituting at least the specific affirmative action steps listed in Part 11, Section 2. he contractor must also provide evidence of its steps toward the attainment of its trade's goals within the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal ! i � proceedings shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the re CIS amended, as is therefore a "responsible prospectiveecantractoec tine Order1246, Of basic principles of Fede al procurement low. meaning B• Contractors Sub'ect to Part II . In regard to Part II of these Bid Conditions, if the contractor meets t e goo s in the NASSAU-SUFFOLK Plcn, or can id demonstrate ons, that every 90� faith effort has been make to meet the goal. rate sanctions or proceedings leading toward sanctions shall be instituted unless the at event, nOffice al substantial requirement in the NASSAU-SUFFOLK Plan or Executive Order 11246of Federal Contract Complicnce Programs determines that the contractor has violated ° as amended, and its implementing regulations, including the Fa i make a good faith effort to meet its fair share obligatilure of such on if provided in the contractor NASSAU- to SUFFOLK Plan or has engaged in unlawful discrimination. Such violati deemed to be noncompliancep with the Equal O ons shall be he shall be grounds for opposition of the scantionsand Penalties u for nse Executive contract, and 11246, as amended. Order r 2. The OFCCP shall review Part I contractors' employment practices during Performance of the contract. Further, OFCCP shall . be solely responsible for athe final determination that the NASSAU-SUFFOLK Plan is no longer an acce table y p Firmctive action program and the consequences thereof. The OFCCP ma, of view and notice to the contractor and any affected labor organization, determine that the NASSAU-SUFFOLK Plan no longer represents effective affirmative action. In that event it shall be set forth therein or con demonstrate that it has madeeverygood faith effort to meet these goals, the contractor shall be presumed to be in com- pliance with Executive Order 11246, as amended, the implementing re ulation obligations under Part 11 of these Bid Conditions. In that event, no formol sanctions 9 s and its or proceedings leading toward sanctions shall be instituted unless the contracting or actions administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. q Where the agency finds that the contractor failed to comply with the require- ments of Executive Order 11246, as amended, the implementing regulations and the obligations under Part If of these Bid Conditions, the agency shall take such action and impose such sanctions, which include suspension, termination, cancellation, and drmen appropricte under the Executive Order and its regulations. When the agencypas may be roceeds such form-Ol action it has the burden of proving that the contractor has not met e qocs contained in Part 11 of these Bid Conditions. ' y p with The contractors failure to meet its goalslsholl shift to it the requirement to come forward with evidence to show that it h faith requirements of these Bid Conditions by instituting at least the specific aoffir the gam action steps listed in Part 11, Section 2. The pendency of such Proceeding shall be into consideration by Federal agencies in determining whether such contractor ca with the re g taken requirements o f Executive Order 11246 n comply i sible prospective contractor" within the meaning of the basic principles and is therefore Fede a "Respon- procurement law. mal C. Obligations Aaolicable to Contractors Subject to Either Part I or Part Il. It shall be no excuse that the union with which the contractor has a co active r-- gaining agreement providing for exclusive referral failed to refer minority employees. Discrimination in referral for employment, even if pursuant to provisions of a collective bargaining agreement,is prohibited by the National Labor Relations Act, as amended, and Title VII of the Civil Rights Act of 1964, as amended . It is the policy of the Office of Federal Contract Compliance Programs that contractors have a responsibility to provide equal employment opportunity if they wish to participate in federally in- volved contracts. To the extent they have delegated the responsibility for some of their employment practices to a labor organization and, as a result, are prevented from meeting their obligations pursuant to Executive Order 11246, as amended, such contractors cannot be considered to be in compliance with Executive Order 11246, as amended, its implementing rules and regulations. Part N: General Requirements. Contractors are responsible for informing their subcontractors in writing, regard ess of tier, as to their respective obligations under Parts 1 and Il hereof, as applicable. Whenever a contractor subcontracts a portion of work in any trade covered by these Bid Conditions, it shill include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the Full extent as if it were the prime contractor. The contractor shall not, however, be held accountable for the failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, theprime ractor Regional Administrator of the Office ofFederal Contra taComoliancell give r Programs of ce to the s theant , Department of Lobar and to the contracting or administering agency of any refusal or failure of any subcontractor to fulfill its obligations under these Bid Conditions. A subcontractor's failure to comply will be treated in the same manner as such failure by a prime contractor. 2. Contractors hereby agree to refrain from entering into any contract or con- tract modification subject to Executive Order 11246, as amended, with a contractor debarred from, or who is determined not to be a "responsible" bidder for Government contracts and federally-assisted construction contracts pursuant to the Executive Order. 3. The contractor shall Corry out such sanctions and penalties for violation of these Bid Conditions and the Equal Opportunity clause including suspension, termination and cancellation of existing subcontracts and department from future contracts as may be imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing regulations by the contracting or administering agency and the Office of Federal Contract Compliance Programs. Any contractor who fails to car ry out such shall also be deemed to be in noncomplicane with these Bid Co ditio strand Execons and utir Elites Order 11246, as amended. 4. Nothing herein is intended to relieve any contractor during the term of its contract from compliance with Executive Order 11246, as amended, and the Equal Opportunity clause of its contract with respect to matters not covered in the NASSAU- SUFFOLK Plan or in Part 11 of these Bid Conditions. The procedures set forth in these Bid Conditions shall not apply to any contract which the head of the contracting or administering agency determines is essential to the national security and its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contract Compliance Programs within thirty days. 6. Requests for exemptions from these Bid Conditions must be made , in writing, with justification, to the Director, Office of Federal Contrect Compliance Programs, U.S. Department of Labor, Washington, D.C. 20210, and shall be forwarded through and with the endorsement of the head of the contracting-or administering agency. 7. Contractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or admin— istering agency or the Office of Federal Contract Compliance Programs. n � COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE GEORGE JOSEPH T. SANSEVERINO COMMUNITY DEVELOPMENT DIRECTOR DEPUTY COUNNTYTY EXECUTIVE XVE PLANNING ECONOMIC D OFFICE OF COMMUNITY DEVELOPMENT EVELOPMENT+} 1 MEMORANDUM TO : All Consortium Members FROM: Olga V . Turner , Program Analyst DATE : November 19 , 1993 RE : Federal Wage Rates Enclosed please find a copy of Federal Wage Rates #NY930013 Modification #10 issued on November 12 , 1993 . This Wage Rate Schedule should be used for Community Development pro4ects in excess of $2 ,000 . It should be inserted in both bid documents and contracts . Any previous Wage Rate Schedules are now obsolete , and should be discarded . If you should have any questions on the above , please do not hesitate to contact me at 854-3737 . OVT: rf Enclosure 62 ECKERNKAMP DRIVE (8161 854-3737 COMMUNITY DEVELOPMENT ■ SMITHTOWN.N.Y. 11767 ■ FAX NO.(5 16)854-3743 General Decision Number NY930013 Superseded General Decision No. NY910013 State: New York Construction Type: Building Heavy Highway Residential County(ies) : NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories) , HEAVY CONSTRUCTION PROJECTS (except water well drilling) , HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/19/1993 1 02/26/1993 2 03/12/1993 3 03/19/1993 5 04/16/1993 6 05/07/1993 7 06/04/1993 8 09/03/1993 9 09/10/1993 10 11/12/1993 D - t If NY930013 - 1 11/12/1993 COUNTY (ies) : NASSAU SUFFOLK ASBE0012A 01/01/1993 Rates Fringes ASBESTOS/INSULATOR WORKERS: SCOPE OF WORK: includes application of all insulating materials, protective coverings, coatings and finishing to all types of mechanical systems . 27 . 72 17 . 20 HAZARDOUS MATERIAL HANDLER: SCOPE OF WORK: duties limited to: preparation, wetting, stripping, removal , scrapping, vacumming, baggingand disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems. 21 . 66 4 . 70 ---------------------------------------------------------------- BOIL0005A 09/01/1992 Rates ' Fringes BOILERMAKER $29 . 65 2 . 90+47%+a FOOTNOTE: a. PAID HOLIDAYS : New Years Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve ----------------------------------------------------------------- * BRNY0001A 07/01/1993 Rates Fringes BRICKLAYERS $29 . 10 12 . 23 ---------------------------------------------------------------- CARP0740A 07/01/1993 Rates Fringes MILLWRIGHTS 24 . 51 18 . 50 , ----------------------------------------------------------------- CARP0890F 07/01/ 1993 Rates Fringes CARPENTERS : Nassau County (except that part South of the Southern State Parkway West of Seaford Creek, also smithtown Islip line on the East, Long Island Sound on the North and Middle Island RR track on the South: Carpenters; Acoustical ; Drywall NY930013 - 2 11/12/1993 Installers: Building 26. 45 14 . 47 Heavy & Highway 26. 82 14 . 47 ---------------------------------------------------------------- * CARP0890G 07/01/1993 Rates Fringes CARPENTERS: Nassau County (Remainder of County) : 25. 96 15 . 20 ---------------------------------------------------------------- * CARP0890H 07/01/1993 Rates Fringes CARPENTERS: Suffolk County: Building and Residential 26. 74 14 . 49 Heavy & Highway 26 . 79 14 . 49 ---------------------------------------------------------------- CARP1456J 07/10/1993 Rates Fringes DIVERS 31. 49 15 . 20 DIVERS TENDERS 23 . 76 15 . 20 DOCKBUILDERS 25 . 96 15 . 20 PILEDRIVERMAN 25. 96 '' 15 . 20 SOFT FLOOR LAYERS 26. 66 13 . 50 PAPERHANGERS 23 . 88 10 . 48 ---------------------------------------------------------------- ELEC0025B 05/01/1993 Rates Fringes ELECTRICIANS 29 . 35 15 . 79 LINE CONSTRUCTION: Lineman, Technician, Heavy Equipment operator, Truck Driver & Groundman 29 . 35 15 . 79 ---------------------------------------------------------------- ELEC0025C 05/01/1992 Rates Fringes ELECTRICIANS: Wiring or single or multiple family dwellings and apartments up to and including 2 stories 19 . 60 8 . 37 Maintenance Unit 22 . 25 9 . 55 Telephone Unit 21. 42 10 . 09 ---------------------------------------------------------------- * ELEV0001B 07/01/1992 Rates Fringes ELEVATOR CONSTRUCTORS 27 . 77 8 . 77+a NY930013 - 3 11/ 12/1993 FOOTNOTES: PAID HOLIDAYS: a. New Year's Day, Independence Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. Employees will not be granted time off from work on Election Day for voting purposes except as otherwise provided by law. Employer contributes 80 of basic hourly rate for 5 years or more of service and 60 of the basic hourly rate for employees with 6 months to 5 years of service. ---------------------------------------------------------------- ENGI0138A 06/01/1992 BUILDING CONSTRUCTION Rates Fringes GROUP 1 GROUP 2 21 . 47 16. 04+a GROUP 3 21 . 885 16. 04+a GROUP 4 22 . 01 16. 04+a GROUP 5 22 . 035 16. 04+a GROUP 6 22 . 13 16. 04+a GROUP 7 22 . 26 16. 04+a GROUP 8 22 - 385 16. 04+a GROUP 9 22 . 55 16. 04+a GROUP 10 22 . 635 ' ' 16. 04+a GROUP 11 23 . 01 16. 04+a GROUP 12 23 . 06 16. 04+a GROUP 13 23 . 135 16. 04+a GROUP 14 23 . 16 16. 04+a GROUP 15 23 . 33 16. 04+a GROUP 16 23 . 385 16. 04+a GROUP 17 23 . 535 16. 04+a GROUP 18 23 . 55 16. 04+a GROUP 19 23 . 56 16. 04+a GROUP 20 23 . 585 16. 04+a GROUP 21 23 . 61 16. 04+a GROUP 22 23 . 71 16 . 04+a GROUP 23 23 . 735 16 . 04+a GROUP 24 23 . 76 16. 04+a GROUP 25 23 . 81 16 . 04+a GROUP 26 23 . 835 16 . 04+a GROUP 27 23 . 86 16. 04+a GROUP 28 23 . 935 16. 04+a GROUP 29 23 . 96 16. 04+a GROUP 30 24 . 01 16. 04+a GROUP 31 24 . 09 16 . 04+a GROUP 32 24 . 39 16. 04+a GROUP 33 24 . 81 16. 04+a GROUP 34 25 . 035 16 . 04+a 26 . 43 16. 04+a NOTES : NY930013 - 4 11/12/1993 Hazmat premiums: Level A 1. 00 Level B 2 . 00 FOOTNOTE: Level C 3 . 00 a. Paid Holior days: New Year's Day, Memorial Day, Independence Birthday, Washington" g sBirthday, Columbus iving Day, aDay, ElectionLincoln's and Veterans Day. Y, BUILDING CONSTRUCTION CLASSIFICATIONS GROUP 1 Fireman GROUP 2 Tower crane, oiler GROUP 3 Mechanical compactors, hand operated; trench machine GROUP 4 Oiler, stemp chipper GROUP 5 Engineer GROUP 6 Powerbuggies GROUP 7 Bending machine, dinky locomotive, generator, small Pump, well point, vibrator, 1 to 5 GROUP 8 Hydra hanner, ridge cutter GROUP 9 Concrete saw or cutter, mixer, 2 small with or without skip, pump, up to 311 , tractor, caterpillar or wheel GROUP 10 Bulldozer, used for excavation, fireman, loading machine, powerbroom, scoop, carry alb , scraper, vac-all GROUP 11 Striping machine GROUP 12 Compressor, compresor, 2 or more in battery, generator, mulch, machine, pin puller, portable heaters, pump, 4 inches or over, track tamper, welding machine GROUP 13 Grader GROUP 14 Curb machine, asphalt or concrete; curing machine, Pump, sumbersible, tower crane, maintenance man GROUP 15 Roller, boiler, bulldozer, Compressor, on crane, compressor, pile work, Compressor, stonesetting, concrete breaker, conveyor, generator, pile work, loading machine, front end, maintenance engineer mechanical compactors, machine drawn, power winch other than stone or steel , power winch, truck mounted, not stone/steel , powerhouse, pulvi-mixer, Pump, double action diaphragm, pump, gypsum, pump, hydraulic, p um hydraulic, pump, jet; pump, single action 1 to 3 , p welding and burning, welding machine, pile work GROUP 16 Compressor, structural steel GROUP 17 Forklift, walk behind, power operated GROUP 18 Asphalt spreader GROUP 19 Boom truck, Conveyor, multi, Crane, crawler or truck, plant engineer, Stone spreader, self propelled GROUP 20 Welding machine, structural steel GROUP 21 Dredge GROUP 22 Batching plant, on site of job, Power winch stone or steel , Power winch, truck mounted, stone or steel , Pump, concrete NY930013 - 5 11/12/1993 GROUP 23 Forklift, Hoist, 1 drum, Interior hoist, Zamboni ice machine GROUP 24 Hoist, 2 drum, Hoist, 3 drum GROUP 25 Backhoe, Dragline, Gradall , Pile driver, Shovel GROUP 26 Tank work GROUP 27 CMI or maxim spreader, concrete spreader, Derrick, Sideboom tractor, Trench machine GROUP 28 Boom truck, setting structural steel/stone, Crane, stone setting GROUP 29 Scoop, carry all , scraper in tandem GROUP 30 Sideboom tractor, used in tank work GROUP 31 Tower crane, engineer GROUP 32 Hoist, Tandem platform GROUP 33 Lead engineer GROUP 34 Hoist, multiple platform ---------------------------------------------------------------- ENGI0138B 06/01/1992 Rates Fringes POWER EQUIPMENT OPERATORS HEAVY AND HIGHWAY CONSTRUCTION GROUP 1 26 . 110 16. 04 + a GROUP 2 24 . 635 � , 16 . 04 + a GROUP 3 24 . 380 16. 04 + a GROUP 4 24 . 235 16. 04 + a GROUP 5 24 . 225 16. 04 + a GROUP 6 24 . 010 16 . 04 + a GROUP 7 23 . 985 16 . 04 + a GROUP 8 23 . 950 16 . 04 + a GROUP 9 23 . 895 16 . 04 + a GROUP 10 23 . 845 16. 04 + a GROUP 11 23 . 835 16 . 04 + a GROUP 12 23 . 735 16. 04 + a GROUP 13 23 . 550 16. 04 + a GROUP 14 23 . 510 16 . 04 + a GROUP 15 23 . 470 16 . 04 + a GROUP 16 23 . 430 16. 04 + a GROUP 17 23 . 415 16 . 04 + a GROUP 18 23 . 375 16 . 04 + a GROUP 19 23 . 200 16 . 04 + 'a GROUP 20 23 . 120 16 . 04 + a GROUP 21 22 . 825 16 . 04 + a GROUP 22 22 . 255 16 . 04 + a GROUP 23 22 . 110 16. 04 + a GROUP 24 22 . 050 16. 04 + a GROUP 25 21 . 905 16. 04 + a GROUP 26 21 . 815 16 . 04 + a GROUP 27 21 . 800 16. 04 + a GROUP 28 21 . 795 16. 04 + a GROUP 29 21 . 760 16 . 04 + a GROUP 30 21 . 585 16 . 04 + a NY930013 - 6 11/12/1993 NOTES: Hazmat premiums: Level A 1. 00 Level B 2 . 00 Level C 3 . 00 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) 100-149 ft . 50 boom lenghts (including jib) 150-249 ft . 75 boom lenghts (including jib) 250-349 ft 1 . 00 boom lengths (including jib) 350 ft 1. 50 Cranes using clamshell buckets . 25 Front end loader 10 yds and above 25 FOOTNOTE: a. Paid Holidays: New Years Day, Memorial Day, Independence Day Labor Day, Thanksgiving Day, Christmas Day, Lincoln' s Birthday Washington's Birthday, Columbus Day, Election Day and Veterans's Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1 Lead Engineer GROUP 2 Tower Crane, Engineer; Scoop (carry-all , scraper in tandem) GROUP 3 Dragline; Gradall ; shovel ; Road Paver; Pile Driver; Crane, stone setting; Backhoe; Crane, structural steel GROUP 4 Tank Work; Derrick; Sideboom Tractor (used in tank work) ; Crane, on barge; Batching Plant (on site) GROUP 5 Power Winch (stone setting/structural steel) ; Trench Machine; Hoist (3 drum) ; Power Winch (truck mounted - stone or steel) GROUP 6 OMI or Maximum Spreader; Sideboom Tractor; Stone Spreader (self propelled) ; Asphalt Spreader; Conveyor (multi) ; Crane, Crawler or Truck; Concrete Spreader; Boring Machine (other than post holes) ; Boom Truck; Plant Engineer GROUP 7 Loading machine (w/bucket more than 10 yards) GROUP 8 Boring Machine (post holes) -GROUP 9 Welding Machine (structural steel) ; Compressor (stone setting) ; Compressor (structural steel) GROUP 10 Dredge GROUP 11 Work Boat GROUP 12 Generator (pile work) ; Hooist (2 drum) ; Loading Machine (front end) ; Comrpessor (pile work) ; Powerhouse ; Power Winch (truck mount - other than stone o; Welding Machine (pile work) ; Power Winch (other than stone/steel) ; compressor (on crane) GROUP 13 Mechanical Compactors (machine drawn) ; Roller (5 ton and over) GROUP 14 Boiler GROUP 15 Pump (concrete) GROUP 16 Compressor (2 or more in battery) GROUP 17 Grader; Milling Machine (large) ; Milling Machine (small) GROUP 18 Portable Heaters NY930013 - 7 11/12/1993 GROUP 19 Hoist (1 drum) ; Pump (well point) ; Vac-All ; Maintenance Engineer; conveyor; Welding and Bruning; Pump (4 inches or over) ; Loading Machine ; Pump (hydraulic) ; Pulvi- Mixer; Pump (jet) ; fork Lift; tower Crane, Maintenance Man; Scoop (carry-all scraper) ; Concrete Finishing Machine; Pump (submersibile) ; Curing Machine; Curb Machine, Asphalt or Concrete ; roller (5 ton and under) ; Dinky Locomotive ; Fireman; Bulldozer GROUP 20 Powerboom double action GROUP 21 Pump (single action 1 to 3) ; Pump ( Welding diaphragm) ; Mulch Machine; Pump (gypsum) Machine; Pin Puller; Striping Machine; Compressor GROUP 22 Powerboom with ski Hydra GROUP 23 Power Grinders ; Ridge Cutter; Mixer ( P) ', Hammer; Fork Lift (walk behind, power operated) ; Concrete Saw or. Cutter; Concrete Breaker; Mixer (2 bag or over with or without skip) ; Power Buggies; Mixer (2 small with or without skip) GROUP 24 Oiler, on truck crane w/over 100 ft boom GROUP 25 Vibrator, 1 to 5 GROUP 26 In-Shop Rate, mechanic GROUP 27 Grinder; Oiler; Deck Hand ; Root Cutter; Stump Chipper; Track Tamper (2 engineers - each) ; Tower Crane, Oiler GROUP 28 Generator (small) GROUP 29 Mechanical Compactors (hand operated) ; Tench Machine (hand) ; Bending Machine; Pump (centrifugal - up to 3 inches) GROUP 30 Tractor (Caterpillar or Wheel) --------------------- ----------------------------- IRON0040A 06/28/1993 Rates Fringes NASSAU COUNTY 00 IRONWORKERS (STRUCTURAL) 24 . ------25 .78---------- ---------------------------- IRON0046C 08/01/1993 Rates Fringes 7 16 . 04 IRONWORKERS (METALLIC LATHERS) 25 . 3 - ------ IRON0197A 07/01/1993 Rates Fringes 18 . 20 IRONWORKERS (STONE DERRICKMAN) 28 . 11 _ IRON0361A 06/28/1993 Rates Fringes SUFFOLK COUNTY 24 . 00 26. 53 IRONWORKERS (STRUCTURAL) -------------- NY930013 - 8 11/12/1993 IRON0580A 07/01/1993 Rates Fringes IRONWORKERS (ORNAMENTAL) 24 . 80 19 . 00 ------------------------------------------ LABO0066A 01/01/1993 LABORERS : Rates Fringes BUILDING Laborers 21. 40 9 . 83 Plasterers tenders 20. 50 6 . 10 --------------------------------------------- LABO1298P 06/01/1993 HEAVY & HIGHWAY: Rates Fringes Asphalt rakers; Concrete and Curb formsetters 23 . 77 8 . 20+a Asphalt workers & roller workers ; asphalt top shovelers & smoothers ; asphalt tampers 23 . 27 8 . 20+a Jackhammers and drill men; Asphalt Plants (batchers and hop- permen) , carpenter's tenders; pipe joiners and setters; concrete laborers (structures) ; stone spereading laborers ; Trackman grading; excavating laborers; Landscape and yard laborers; Puddlers on concrete pavement; Laborers (other than above on concrete pavment, Multi-trade tender and all other laborers 21. 62 8 . 20+a Asbestos removal and hazardous waste handlers 23 . 56 8 , 20+a FOOTNOTE: a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Martin Luther King, Jr. Birthday, Washington"s Birthday, Day after Thanksgiving Day. (If employee works the Holiday it is double time. If employee does not work the Holiday, the employee receives 2 hours additional pay for each day tie works in the holiday week) . ----------------------------------------------------- PAIN1087A 07/01/1992 GLAZIERS : Rates Fringes NY930013 - 9 11/12/1993 Glaziers 25 . 00 15 . 28 ---------------------------------------------------------------- PAIN1486A 05/01/1992 PAINTERS: Rates Fringes Painters & drywall finishers 20. 68 11 . 60 Spraying, scaffold or rolling scaffold over 18 feet 23 . 15 11. 60 Sandblasting; structural steel 28 . 26 11. 60 Repaint of hospitals, schools and apartment houses 18 . 09 10. 59 ---------------------------------------------------------------- PLAS0.001X 05/01/1991 Rates Fringes PLASTERERS 14 . 75 5 . 00 ---------------------------------------------------------------- PLUM0200A 06/01/1993 Rates Fringes PLUMBERS 30 . 40 13 . 04 ----------------------------------------------------------------- PLUM0638A 07/01/1993 Rates Fringes STEAMFITTERS 29 . 05 16. 84 ---------------------------------------------------------------- ROOF0154A 10/01/1992 Rates Fringes ROOFERS 21. 89 10. 78 ---------------------------------------------------------------- * SFNY0669A 04/02/1993 Rates Fringes SPRINKLER FITTER 24 . 00 6. 03 ---------------------------------------------------------------- SHEE0028B 02/01/1990 Rates Fringes SHEET METAL WORKERS 27 . 58 10. 288+. 33 ---------------------------------------------------------------- TEAM0282I 07/01/1992 Rates Fringes TRUCK DRIVERS: BUILDING: Asphalt 18 . 74 11. 2825+a+b High Rise 21 . 90 12 . 71+a+b HEAVY: Euclids & turnapulls 22 . 495 12 . 76+a+b NY930013 - 10 11/12/1993 Y FOOTNOTES: a. Paid Holiday: Employees employed on December 24 and December 31 who report for work on such days shall be paid afternoon holiday pay of four hours each day. Paid Holidays shall be included for purposes of Vacation Credit. b. For each 15 days worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall be entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vaction; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay per year. ---------------------------------------------------------------- WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental dores. ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5. 5 (a) (1) (ii) ) . END OF GENERAL DECISION NY930013 - 11 11/12/1993 U.S. DEPARTMENT OF LABOR WAGE AND HOUR DIVISION INSTRUCTIONS FOR COMPLETING PAYROLL FORM, MIH-341 General: The we of WH-317. payroll form, is not mandatory. This form has been made available for the con. FRINGE BENEFITS — Coniracu.rs who pav all required fringe benefits: A contractor who pays fringe benefits vanlence of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts to approved plans, funds, or programs to amounts not less than were determined in the applicable rage decision • and subconlracle to submit weekly payrolls. Properly filled out. this form rill satisfy the requirements of Rego of the Secretary of Labor shall continue To show on the lace of the payroll the bask cash hourly Vale and over. lotions. Pans 3 and S (29 CFR. Subtitle A).as to payrolls submitted in connection with contracts subject to the time rate paid to his employees just as he has always done. Such a contractor shall check paragraph/(al of the statement on the reverse of the payroll so indicate that he is also paying to approved plans•funds,or programs Davis Bacon and related Acts. not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be mold in Section This form meas needs resulting from the amendment of the Davis-Bacon An to include fringe benefits provisions. /(c). Under this amended law• the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less then the predetermined rats. The contractor's obligation Contractors who pay no fringe benefils: A contractor who pays no fringe banenta shall pay to the employs,and to pay fringe benefits may be met either by payment of the(rings to the various plans,funds,or programs or insert in the straight time hourly rate column of the payroll, or amount not less than the predetermined rale for • by making lhse payments to the employes as cash in lieu of fringes. each classification plus the amount of fringe benefits determined for each classification in the applicable wage de- cislon. Inasmuch as it Is not nsssary to pay lime and a half on cash paid In lieu of fringes, the overtime rate This payroll provides for the contractor'e shoring on the fan of The payroll all monis paid to the employes. shall be not less than the sum of the bask predetermined rate•plus the half time premium on basic or tegu';ar rite. whether as basic Vats or as cash in lieu of fringes and provides for the contractor's representation in the state- plus the required cash in lieu of fringes as the straight lime rate In addition•the contractor shall check paragraph mens of compliance on the rear of the payroll that he Is paying to others(rings required by the contract and not 1(b) of the statement on The reverse of the payroll to Indicate that he is paying fringe bandits In cash directly To paid a.cash in lieu of fringes. Detailed instructions concerning the preparation of The payroll follow: bis employes. Any exceptions shall be noted in Section/(c). Use of Season 1(c),haceptions Contractor or Subcontractor: Fill in your firm's name and check appropriate boa. Any contractor who is making payment to approved plana,lairds,or programa to amounts law shall Ike wage determination requires is obliged to pay the deficiency dirsfly b the enployaes as cash in lieu of fringes. Aoy Address: Fill in your nnn'a address. =captions to Section 1(s) or 1(b), whichever the contractor=,jjy check,shall be entered to Section 1(c). Enter In she Exception column the craft,and enter in the Explanation column the hourly amount paid the employs as cash Column I - Name. Address. and S.aial Security number of Employs: The employee's full name must be shown in lieu of fringes and the hourly amount paid to plana•funds,or programs as fringes. The contractor shag per. on each weekly payroll submitted. The employee's address must also De shorn on the payroll covering the first and shelf show that be Is paying to each such employs for off hours(unless otherwise provided by applicable week In which the employ,c works on the project The address mead not be shown on subsequent weekly payrolls delermineilon) worked on Federal or Federally &&stated project an amount not less them the predetermined fele unless his address changes Although not required by Regulations. Parts 3 and S.space isovatiable in the name plea Bash 1a Ila of (rings an shown The rate pard and amount of cast paid Is lieu of fringe and address si!csion so that Social Security numbers may De listed. bandits per hour should be entered In column 6 on n 6 on thee payroll. Ss paragraph car"Contraction who pay so fringe bondis'for computation of overtime rats. Column 2 . Withholding Esempti,no: This column is merely fosened lot the employer's convenience and is not Column 7 - Gross Amount Earned: Eiiier gross amount earned on this project. 11 pan of the onployds'weekly a requirement of Regulations.Parts 3 and S. rage was earned on projects other than the project described on this payroll,enter In column 7 first the amount earned on the Federal or Federally asstatd project and then the gross amount earned during the weak on all Culumn 3 - Work Classifications: List clessihcaUon descriptive of work actually performed by employes. Coo- projects,thus 163.00/120.00. • auto classifications and minimum wage schedule set forth in contract specifications. If additional classifications are Column B - Deductions: Five columns are provided for shoring deductions made. If more than five deductions deemed necessary, on Contracting officer or Agency representative Employs may be shorn as having worked should be involved, use first 1 columns;show the balance of deductions under 'Other' column; show actual total -in mora than one clatslfic ttion provided accurate breakdown of hours so worked is maintained and shown on under 'Total Deductions' column. and in the ellachmenl to the payroll describe the deductions contained to the submitted payroll by use of separate line entries. 'Other column. All deductions must be in accordance with the provisions of the Copeland Act Regulations.39 CFR. Pan 3. If the employs worked on other jobs In addition to this project•show actual deductions from his • Column 1 - Hours Worked: On all contracts sub)ea to the Contract Work Hours Standards Act enter as over- weekly gross rage,but indicate that deductions ere based on his gross rags. lime hours all hours worked in excess of B hours per day and 10 hours a reek. Column 9-Nn Wags Paid for Week: Sel(sxplanrtory. Column S-Total: Shc-=plonatory. Totals -Space has been Ida at the bottom of the column so that tads may be shown If the contractor so desire Column 6 Rate of Pay. Including Fringe Benefits: In straight time box.Iss actual hourly rate paid the employs for straight lime worked slut any cash to (leu of fringes paid the employee When recording the straight time Statement Required by Reculsuom. Pans 3 and S: While this form need not be notarized.the statement on the hourly rate• any cash paid In lieu of fringes may be shorn separately from the bask rate. thus 13.25/.10. This back of the payroll is subject to the penalties provided bj IS USC 1001.namely.possible imprsonmenl lar S is d assistance In currectl a computing overtime See'Fringe Benefits' below. In overtime box show Overtime hourly years or 110.000.00 fine or both. Accordingly,the parry signing this required statement should have knowledge rate paid, plus any cash in lieu of fringes paid the employs. See 'Fringe Benefits* below. Payment of not Iss of she facts represented as true. than time and one hall the bask or regular rote paid is required fur overtime under the Contract Work Hours Standards Act of 1962 In addition to paying not less than the predetermined rate for the classification it which Space has been provided between items 111 and 121 of the statement for describing any deductions made. 11 all the employee *,irks, the cunlroclur shall pay to approved plans.funds, or programs or shall pay as cash in lieu deductions made art adequately dncnbed in the 'Ueduenons' column above.nate 'See Deduclions column in the of (ranges amounts predetermined a fringe benefits In the rage decision mads pan of she contract. See"FRINGE payroll' See paragraph entitled 'PRINCE BENEFITS' above for Instructions concerning filling out paragraph . 1 of she statemrnt BENEFITS' below Form Wil 347 Inst 11(60) F%m" - � [P/rova PAYROLL me NR.44•RIM7 UA DEPARTMENT OF WOR WAGE AND HOUR DIVISION (For CoRlroclor•Optional Use.Soo Instruction,Forel WH-S+7 Ins1.1 O ADDRESS NAME OF CONTRACTOR On SUBCONTRACTOR PROTECT OR CONTRACT NO ►"TROLL NO. FOR WEEK ENDING ►ROJECT AND LOCATION lel lel IRI DAY AND DATE ISI lel 171 NET 111 j1p ISI N pED1/cnoNf WAGES Z G'R� PAID WORK TOTAL RATL AMOUNT WrtM OTN[A TOTAL NAME ADDRESS.AND Noun OF PAY EARNED FICA NOLDONG FOR WEEK SOCIAL SECURITY NUMBER CLASSIFICATION OF PI►LOVE[ Ain O HOURS WORKED UCN DAY TAP ! 0 • S 1 0 6 O S O f 0 f 0 s gi - 0 s O • S 0 f FORT wN-til IINEI.Fo mMy SOL lu-/URCIIASE THIS FORM DIRECTLY FROM THE SUPT.Of DOCUMENTS Date In the contract have been or will be made to appropriate programs for the benefit of such employees,except as acted in Section d(c)below. 1, Wuwq Par1F1 (TWO) (b)WHERE FRINGE BENEFITS ARE PAID IN CASH tNa�e d do hereby slate: O—&sell laborer or mechanic listed Is the above referenced payroll bas beta paid, as Indicated as the payroll, as amount Nol lee Man Me sem of the (1) That I pay or supervise the payment of the persons employed by applicable basic hourly wage rate plus the amount Of ths required fringe b ndlts as listed 1a the contract,incept as Noted In Section d(c)below. on the /Csstreelerw•ubcwtr•e1er1 (111611dws erWWII) (e)IDICEPTIONB that during the payroll period commencing eo the EKCEPTION CRAF EXPLANATION day of IS_.,10d ending the_�day of .IS all persons employed on said project have bear paid the full wodlly wage earns4 Mat no rebate have bear or will be made dther directly or Indirectly to or on behalf of said from the tau ICoswwwr or esbcartractor► weekly wage earned by any person Sad that no deductloos have been made dMer directly or Indirectly flow the full wage earned by any person. other than permissible deductions is ddtasd In Regulations, Part 3(ZS CFR Subtitle A),Issued by the Socn"of Labor under Me Copdand Act, as amended(18 Sul 946.63 BIaL IOS,79 Stat. 1147;76 Stat 367;40 U.S.C. 216c).and des- crfbed below•. ROMRRS (2) That any payrolls otherwise under Mn. contract required tobe submitted for Me above period are correct and complete; that the wage tale for laborers of machanb 001aalnd Merdo are not les than the applicable wage rale contained V any wage ddumlaadoN Incorporated Wil the contract;that the dassifkatlons ad forth therdo for each laborer or mechanic conform with M . work be perform,&' (3) That any apprmtlem eroployed In the above period are duly registered IN a bow Sde apprenticeship program registered with a Slate apprenticehlp agency recognized by The Bursae of Apprenticeship and Training, United State Department of Labor,or Y no seer neognbd agency exists in a State. an regldexd with the Bureau d Apprenticeship ad Training,United • Stoles Department of Labor. (4) That NAME AND TITLE SIGNATURE (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANE, FUNDS, OR PROGRAMS ME WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUB/ECT THE CONTRACTOR _ In addition to the basic iECTION 131 OF TITLE SI OF THE UNITED STATES CODE. hourly E rate paid to each laborer or mecaalc mass hR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE IN AND listed in the above referenced Payro14 paymenu of fringe beadle u Weed w• .re-rs-aur-r ur-w _ --- ---- -- --- -- - - - - - --- 1 1-.1111111111 r711M`: i r,l nur,rn.r 1 ninr' 1 - MONTIILY ['Mr1_r)Y'�'iFNT 1 r nv nFn nnrn Ian+ n W4-t n; I U. S. DEf ARI MEN1 OF LA13011 1►TILI7A1[ON IIFPO;ll Entploymerll Standards AdnihOslrntinn,Of CCP - --- --- --- _ - -- —--- - - MINOnI1 Y: (ilr)M T2AG,Sar.. 7.(Ll.Taii111!to I!roll Can rlsoll ui cnnlracls Tjrlirq 7 FMI LnvE IIS IT Nn 111/is report is requirrll Iry F_-X Or11lr 1 1 t,nc:llyd,lnmhratrd m snstrendrd In whale nr in part and Ihr rnntlactor may he drelarrtll inalinihlrt Inr r['MALE:--_ 1 O: __— further Govrrnrrrenl contraclsnl federally essislyd construction cnnlraltc _ -. - I I III IIAI - - - -. . - --- - NAME AND LOCATION OF CONTRACTOR TI INIItNI: M:1 NCY -- -- --- - - - - --- � In 5 — 6. WORK IIOt1RS OF EMPLOYMENT (Federal& Non feE p fall IOTAI -- ---- - --- --- 11. TO TAL . - _.-- ----- - -- fir. 1. Ra. -- Gb Fc. fill NIIR111F11 TOTAL ALL BLACK ASIAN Oil AMMICAN NUMBEfI Of MINO11111 Y CONSTRUCTIONEMPLOYEES IIJnI nl IIISPANIC PACIFIC INUTAN MINORITY FEMALE EMrLOYFFS Class iticetIons (1f1 F Mrl OY F F S TRADE BY TRADE Ilispmric Ofini11) ISI_ANUERS ALASKAN rEf10ENTA[iE rERCENIA(iE NATIVE - I M ! F M l F M F M F M F M F M I __r- .Tourney vvorkrr APPRENTICE 1 TRAINEE SUB-TOTAL - .lolrrney worker ArPRENTICE TRAINEE SUB-TOTAL - -- -- -- - - - Jouw rney orker ArPnENTICE I 1nAINEE SUBTOTAL_ - _ - - ---�:_--- -- - -- - - - -- - - i _ APPRENTICE 'TnAINEE .-... .. -.r _ SUBTOTAL - - - --.- - - - - - - ---- - -- - - .Ioutney worker I APPFIENTICE TRAINEE SUBTOTAL TOTAL.IOURNEY WORKERS i TOTAL APPRENTICES TOTAL TRAINEES - r J GRAND TOTAL rAGF- 11.COMPANY OFfIC1AL'S SIGNATi1nE AND TITLE IZ TFI.ErIIONF NUMBFII (include arra code) 13.nATE SIRNFU Or E0111M CC 7117 111r.y 4/7111 OMR ArrnoVA1_ NO 14 It 174ri i. INSTRUCTIONS-FOR FILING MONTHLY EMPLOYM,". T UTILIZATION REPORT (CC-257) The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the contract. and they shall include the total work-hours for each employee classification in each trade in the covered area for the monthly reporting period.*The prime contractor shall submit a report for its aggregate work force and collet: and submit reports for each subcontractor's aggregate work forge to :he Federal compliance agency that has Executive Order 11246 responsibility. (Additional copies of this form may bo obtained from the U.S. Department of Labor, Employment Standards Administration,OFCCP's regional office for your area.) COmplisince Agency . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . .US. Government agency assigned responsibility for equal employ- "sent opportunity. (Secure this information from the contracting officer,) Fegerel Funding Agency . .US. Government acency funding prolecr (in whole or in part). If more than one agency,:ist all. Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Any contraabr no has a construction contract with the u-s.Gov- ernment or a contract funded in whole or-in pert with Federal funds. Minormy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Includes 3lacxs. Nis ponies, .imenearl Indians, Alaskan Natives. and Aslan arta Pacific Islanders—ooth men and women. 1. Covered Area . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . .Geograpmc area identified in Notice required urger at CFR 2 Employer's las ntifiotion Number . . . . . . . .. . . . . . . . . . . .Federal Social Security Number used on Emp,over's Quarterly=ea- eral Tax aeturn (US.Treasury Oepartment Form 941). 1 Current Goals(Minority& FemN@) . . . . . . . . . . . . . . . . . See contra=.Notification. 4. Reporting Perin" . . . . . .... . . . . . .Monthly. or as directed by ale complianceen beginning a9 OY. beg ng with the atfearve onto of the contract. S. Construction Trace, . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .Only those eonstrualon crafts wnlen contractor emtdloys in the opera"area. 6. Work-Hours of Emplovmort(anal . . . . . . . . . . . . . . . . . . . . .a. The total number of male nours and ;he total number of female hours worked by employees In each classification. b.-e. The total number of male noun and -no total number of ferrule hours worked ov each soepfied grout of minority employees in each c.tsaificatlon. "itialfieatlon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The level of sccomoitsnment or status of the worker in the trace (JOurnev Worker, Aoprentics.7 ralneel 7. Minority Perontap . . , , ; . _ . . . . , , , , , , ,The percontaoe of total minority work-tours of all work-hours(the sum of columns 6b. 6c. 6o. and 6e divided by column 6a:lust one figure for each construction tradel. 8. Female Perontage . . . . . . . . . . . . . . . . . . . . .For each trace the number reported in 6a. F divided by the sum of me numlBfrs reOortoo in 6a. M ono F. 9. Total Number of Employees . . . . . . . . . . . , . . . .Total number of male and total number of female emplovees work. ing in each esasslfiatlon of socri ;rape in ;he contractor's aggregate work forte during reporting pence, 10. Total Number of Minority Employees . . . . . . . . . . . . . . . . .Total number of male minority employees and total number of tamale minority emolovess working in each ciasslfitluon in each trace .n the contractor's aggregate work force during reocrting Period. 6500.3 -chibit 1 PEMONST80CTIQb CS=ZW FOR CON"UCTORS. MWIN, LAMM STAIMLUS COMACT RVVIR +0 M I. INTROMMM. The following checklist has been prepared to assist contractors and subcontractors in meting contractual labor standards responsibilities. All sajor administrative and procedural activities have best covered in the sequence they will occur as the construction pro3ect proceeds. Careful attention to and use of the checklist should result in a number of problems with respect to labor standards. II. EXPLAXOMT ROTES. The word "employer" as used below refers to the protect contractor, each subccnrractor, or each laver-tier subcontractor. Payrolls and other documentary evidence of compliance (marked with (asterisk) are required to be sent to the recipient for review (all to be submitted through the project contractor). The delivery procedure is ' as follows A. Bach lower-tier subcontractor, after careful review, subunits required documents to the respective subcontractor. D. Rech subcontractor, after checker his own and those of each lower- tier subcontractor be may have, submits required documents to tha• contractor. C. The contractor, after reviewing all payrolls and other documentation, including his own, and correcting violations where necessary, submits * all to the recipient. All employers should check each of the following statements as being true. If azq statement in not true, the contractor or his representative •�� 1UDzea'O.C. :.,, Page 1 of 14 9/'75 6500.3 2. should contact the recipient for special guidance. III. Bks'PM C0R3T$UCTIOg XMIM xkCki EyIwnM MLS: J. Not been debarred or otbestirise made ineligible to partici- pate in sip Federal or Fbderallf-assisted project. B. Received aUgsopr3ate contract provisions covering labor standards requirements. C. Bevieved and understands all labor standards contract Provisions. D. Received the wage decision an pert of the contract. Z. Requested tbrough the recipient and received the a{++++�*■ wage far each classification to be worked an the project which was not included an the wage decision by the additional .classification process and before allowing ave such trade(s) to wort an the project. • )r'. Requested sad received certification of his apprentice = pro- from the State's Bureau of Apprenticeship and Training cognized b7 =30) and submitted copy thereof to the recipient prior to employ- meat oa the pro ect. 11kewise, "trainee" proms oertifi- cation from U. a. B. J. T. if applicable est be submitted. • • MA�.a�D.C. 9/75 Page 2 of 14 6500,3 Exhibit 1 . 3• IT. AT CONSTRMTION START THE CONTRACTM ELS: + A. Notified recipient of construction start date ir. writing. B. ?ss placed each of the following ca a bulletin 'board prominently located an the project site which can be seen easily by the workers (and replaced if lost or =readable any time during construction): , Wage Decision Notice to Employees (WH 1321) Safety and Health Protection ca the Job (DOI) C. Before assigning each project vosker to work, bas obtained worker's name, best mailing address, and Social Security Number (for payroll purposes). ♦ D. Has obtained a copy of each app=enticele certificate with the apprentice's registration nuaber and his year of apprentice- ship from the State BM R. Has informed each worker of: 1. his vask classification (joaraeynan or job title) as it vill appear an tbs.payroll. ►QJDs.�Y�O.C. ��:�,� Page 3 of 14 9/75 6500.3 ENhibit 1 :er . 4. • 2. hid duties of work. 3• the U. s. Department of Labor's requirement on this project that he is either a jcuraeV=t apprentics, or laborer - Yn If journeyman, he is to be paid jouaieyman's mi^imwage rate or more; If apprentice, he is to be paid not lase than the apprentice's rate for the trade based on his year of apprenticeship; or If laborer, be is to do laborer's work only.:- not nly-not use aryl tool or tools of the trade - and not perform any pert of a journeyman's wobc and in to be paid the laborer's miwimm wage v rate or more. V4=7 Understan" the requirements that each laborer or aw4lanie who performs work an the project in more thea one classification within the same work week shall be classified and pail at the highest wage rate applicable to aaW of the work which he performs unless the following requirements ars sets 1. Accurate daily time records shall be maintained. Tbese records asst show the time worked.in each classifica- tion and the rats of pay for each classification, and out be signed bf the workman. JalMii.O.C. g� Page 4 of 14 6500.3 � �' - Ddu -t 1 5. 2. The payroll shall shOv the hours worked in each Classification and the wage rate paid for each classification. 3• The payroll shall be signed by the wora-aen or a signed copy of the awe time record &hall be attached thereto. G. Bas informed each worker of his h 'arly wages -- (not less than the m+.+tr wage rate for his work whioh is stated in the Vage Decision). 1. time and a half for all work over 8 hairs any day or over 40 hours any work week (see Contract York Hours Safety Standards Act). 2. triage benefits, if aa, (see Wage Decision for any required). 3• deductions from his py. H. Has informed each worker that be is subjeot to being interviewed an the job by the recipient o: a HOD, Department of Labor, or other U. S. Govemaent inspector, to confirm that his employer is complying with all labor requirements. I. Has informed each journeyman and each e apprentice that a journeyman must be on the job at all times when sp apprentice is working. V. DOSIliG COIisT8locTlCIF A. Frch foyers 1. has not selected, assigned, paid different pay rates to, transferred, upgraded, demoted, laid off, nor , MEN Page 5 of 14 9n5 _AQ, 6500.31��n /r- V s • - 6. dismissed Any project worker because of race, color, religion, sex, or rational origin. 2. has employed all registered apprentices re:erred to him through normal channels up to the applicable ratio of appsrmtices to jQameymaa in each trade used by the employer. 3. will maintain basic employ-..sat records accessible to inspection by the recipient or U. S. Government representatives. 4. is complying with all Health and safety standards. S. has paid all workers weekly. --- • 6. has submitted weekly Payrolls. a- Prepared on reco®end6d POMM WE-347: _ Available from �... Superintendent of Documents Government Printirg office W"Ling'ton, D. C. 20402 Contsaotors who wish to Purchase the forms shall be urged to enter their orders Promptly because the SuPer'ntendent of Documents takes six weeks to fin orders. It ie vemissible for contractors to rhe roduce the forms if their wish. Same employers place all project workers on Payroll . pow W8-347.• The recipient does not review those Project workers listed on the payroll who perform work which is descriptive of any of the following Job titles which are ezempt from labor requirements: M!6#u►�O.C. 9/73 Page 6 of 14 6500.3 •..� 7. project superintendent projegt engineer supervisory fosmaa (less than 20% of time as a working foreman) messenger clerical workers timekeepers payroll clerks bookkeepers Any alternate payrcll' form used should be cleared with M before employer starts work an project. A project printout by computer, for example, is acceptable provided all data shorn and required an the front and back of Payroll Porro YS-317 is am, or ,0 included with, payroll submitted to recipient. b. front Page of Payroll (Porn v-347) Heading (6 "blocks" of information) 1) Name of Employer, lame of employer is statedy shoring whether contractor or subcontractor. 2) Address. Street address or P. 0. Box, City, State, and Zip Code of Bc;loyer is stated. 3) Payroll Number. Esch weakly payroll is numbered in sequential order (starting with Payroll No. If employer's workers perform no physical work on the project during work week, he bas submitted a "no tusk" letter for that work week. ._.— j WJDAkY.D.C. Page 7 of 14 9/75 :::l6500.3 Exhibit 1 � �r Payroll of employer's final work week on the project (completion of his wort) is marked "Final". 4) For Week Ending. The last date of the woac week is stated in this "block". 5) ProJect and Location. Same of project and city in which located is stated. 6) Column 1 - Worker's Fame, as it appears on his pay check, is stated. Wo=cers's best mailing address and social security number is stated on Payroll No. 1 or the payroll on which his name first appears. If worker changes his residential address while working on the project, his new-address is stated on next appli- cable payroll. If any two or more workers have the same name, their social security numbers are included on the payroll to note separate identification. • 7) Column 2 - No. of Withholding Exe=tions is for employer's convenience - not required by HOD to be completed. 8) Column 3 - The dark Classification (job I�JOe�J.D.C. 9/75 Page 8 of 14 �' 6500.3 �� Hd�ibit 1 9. title) for the worker is incli::ad in :.he Wage Decision and denotes the :Toric that worker actually performed. Ote; Zf the applicable cimsif-cation is not included in the Wage Decision, contractor should call the recipient immediately, and request classifica- tion by ldditional Classificatic ADD2eIIt1CC. If worker is an prenticc, his State W registration nur3er a:d year Of apprenticeship is included in this column the first time the app_entice's new appears on the payroll. - Split Classification- If worker has per- formed more than one class of work during the work reek, such as carpez:er and laborer, the division of work will be shown an separate limes of the payroll. Accurate dai17 time records show the eraet boors of work perforsd daily in each class of work, and are signed by the affected workman. WMAS",D.C. Page 9 of 14 9M 6500.3 10. Each class of work he perfoaed is stated in Colum I in separate "blocie". Rio rame is repeated in corresponding "blocks" in Column 1. One breakdown of hours vorlced daily under each work classification is stated in Coles 4, and total for week in Colin 5. The applicable wage rate for each classi- fication of work is stated in Column 6. The payroll is signed by the worl== in the related "blocks" or a sued copy of ..f the daily time records are attached :o the payroll. If the above is not done, the worker is paid at least the highest mird— wage rate of all of the classes of vorc per- forced for all hours worked. Rotes: Average Pa' of Two Classes of Work Not `ccanted. The employer aball not pay a "semi-jour_ey-an" cr semi-skilled laborer the average of jou=%g7man1s and laborer's rates. The actual hours each vorker uses tools of trade (journeyman) and each hour he does not use tools of the trade (laborer) zest be W-0-Week.O.C. 9/15 Page 10 o: 14 �` 6500.3 Exhibit 11. recorded in separate "blocks" in Column 3 of the payroll. fie:oe_. 'Ire vork classification of "helper" is not accepted by the Department of EM, un- less included in the Wage Decision issued by the Secretary of Labor for the project. Any employee listed as "helper" in absence of such classification in Wage Decision must be paid the joumeYsan's rate for hours he uses tools of the trade. 9) Column 4 - Hours Worked, Each Day and Date, for ✓/ work veer are stated. Overtime Eau_-s ("0"), if any, are stated separately from straight hours ("S") - over 8 hours any day or over 40 hours any wozk week. 10) Colon=s 5 - Total Hours vorked during the vork week are stated (the sum of subcolumne in Column 4) - straight and overtime hours recorded separately. 11) Colin 6 - Rate of Pay, not lose than the vage rate for the work classification (see Wage Decision) is stated. The Overtime Rate of Pay is not less than 1-1/2 times the vorker's basic (straight) hourly rate 6f pay (Contract Work flours MUD-wooY.O.C. Page 11 of 14 9/75 65003 _ 12. Safety Standards Act). Apprentices. If a copy of the apprentice's registration certificate from the State B:T bas not been r bmitted to recipient by employer (through contractor), apprentice art be paid journeyman's rate. Piece Worker. Piece work must be stated in Colum 6 at an hourly rate, the gross pay for the work week (work on' the project) divided by the total number of hours worked on the project durizg the work week. Column 7 - Groes Imount Earned equals straight v hours shown in Column 5 times straight rate of per shown in Column 6, plus overtime hours (if ate) shown in Column 5 times overtime rate of par shown in Colum 6. 12) Column 8 - Deductions. Each deduction made in required by law, voluntarily authorized by the worker in writing before the wc=k week began, or provided in a bargaining agreement to be deducted from the respective worker's.pay. 13) Column 9 - Net Wages stated are Column 7 minus • total deductions shorn in Column 8. Kuaee.h.D.C. 9/75 Page 12 of 14 �` 6500.3 Mbit 1 13. c. Back of Payroll ;Po= WE-347) 1) Each Ecployer has: completed all blank spaces and understands the penalties for falsifiation. checked Iter b if fringe be-zefits are :n- cluded in the Wage Decision for any of his workers - • 4(a) - if fringe benefits are paid to a-,-proved fund(s), or 4(b) - paid-directly to each affected worker - included in pay check for the vork week - his paycheck repre- r� sent!zg at least the pay of the appli- cable rJn4 °„" wage rate plus the amount of required fringe benefits- manually signed the payroll in the "block" marked signature, and stated his title. The person who signed the payroll is the employer or an official of the employer who • legally is authorized to act for the employer. d. Veekly Payroll Review. Each employer has promptly: reviewed the weekly payroll for compliance with all labor regatrements (using this check list) 9/75 _ re/ Page 13 of 14 6500.3 Bdubit 1 14. and made necessary corrections. Each 14wer-tier Subcontractor has submitted his weekly payroll or "no work" letter to the respective subcontractor for the sub- contractor to have received within 3 calendar days from the last date of the work week. Each Subcontractor has received a payroll or "no work" letter from each of his lower-tier subcontractors, reviewed each and his own payroll, required necessary corrections, and submitted all of such payrolls to the con- tractor to have received within 5 calendar `..s days from the last date of the work week. Contractor has received a payroll of "no work" letter from each subcontractor and each lower-tier subcontractor, monitored each including his own payroll, required necessary corrections, and collectively submitted them to the recipient within T work days of the last date of the respective work week. VI. AFM PROJECT CCMPLE1'ICN Each Employer wills keep all weekly payrolls an the project for 3' years after the contractor's prbJect completion date. 9/75 Page 14 of 14 CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES NAME OF PROJECT: PROJECT NUMBER: MUNICIPALITY: COMPANY NAME: ADDRESS: TOWN, STATE, ZIP: SIGNATURE: TITLE: DATE: PERIOD OF CONSTRUCTION: FROM TO: month year month/year Is your company minority or female owned? yes no j Is your company subcontractingAzny part of this contract, to a minority or female owned business? yes. F-1 no 1-1 If you answered yes to either question above, please check each box that applies to your company: Mal e E 7 Female M Black. Ll Hispanic M Native American Q other M specify Amount of Contract $ Check each box that applies to your sub-contractor male D female black Hispanic Native American other specify Amount of Subcontract $ Contractor I.D. # Sub-contractor I.D. # • Federal Labor Standards Provisions U.S. Department of Housing a.-.d Urban Development 1 it Applicability The Project or Program to which the construction work covered by this l`-JO or rs designee shall refer the questions.including tre views of all contract peiains is being assisted by the United States of America and the ::,erested partes and the recommendation Of HUD or its ces:gree,to the following Federal tabor Standards Provisions are included in this Contract Adminrsxator for determination.The Administrator,or an aumonzed repre- pursuant to the provisions applicable to such Federal assistance, sentative,will issue a determination within 30 days of receipt and so advise A.1.m Minimum Wages.All laborers and mechanics employed or work- hUD or 2s designee or will notify HUD or its designee w:^un the 30-day ing upon the site of the work(or under the United States Housing Act of period Leat additional time is necessary. 1937 or under the Housing Act of 1949 in the construction or development (ApprovedlNumr by the Office of Man- 1937 agemer..and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than once a week and without sub (d)The wage rate(including fringe benefits where appropriate) sequent deduction or rebate on any account(except cetermired pursuant to subparagraphs(10)or(c)of this paragraph,shall such payroll deductions as are permitted by regulations issued by the re Secretary of tabor under the Copeland Act(29 CFR Part 3),the full amount pard to all workers performing work in the classificationeditunder this con- from the first day On which work is performed in theec classification. Of wages and bona fide fringe benefits(or cash equivalents thereof;due at time of time Whenever the minimum wage rate prescrped in the contract for a Payment comparted at rates not less than those contained in the Cass of iaborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of tabor which is attached hereto and expressed as an hourly rate,the contractor shall ether pay the benefit.as made a part hereof,regardless of any contractural relationship which may sated it the wage determination or shall pay another bona fide fringe be alleged to exist between the contractor and such laborers and mechanics.Contributions made or costs reasonably anticipated for bona benefit or an hourly cash equivalent thereof fide fringe benefits under Section 1(bx2)of the Davis-Bacon Act on behalf dry)tf the contractor does not make payments to a artistes or other third of laborers or mechanics are considered wages paid to such laborers or ��n'Te contractor may consider as part of the wages of any laborer cr mebor r%echan:c the amount of any costs reasonably anticipated in providing cs.subject to the provisions of 29 CFR-5.5(aX1)(iv):also,regular bona fide fringe benefits under a plan or program,Provided.That the contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found•upon the written request o'the contractor, not less often than quarterly)under plans,funds,or programs,which cover :'.at me applicable standards of the Davis-Bacon Act have been met The the particular weekly period,are deemed to be constructively made or incurred during such weekly period Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the p an or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget unser OMB Control and fringe benefit on the wage determination for the classification ofwork dumber 1215-0140.) actually performed•without regard to skill,except as provided in 29 CFR Part 5.5(a►(4).Laborers or mechanics performing work in more titan one 2.Withholding.HUD or its designee.shall upon rt over action or upon classification may be compensated at the rate specified for each class�fica• rimer request of an authorized representative of ate De:artnent of labor en tion for the time actually worked therein;Provided.That the em to 's pay- w�thholc or cause to be withheld from the contramor unser mrs contract or D Y P Y any other Federal contractwith the same prime contractor,or any other roll records accurately set forth the time spent in each classification in which work is Pederal;y-assisted contract subject to Davis-Bacot.prevailing wage performed.The wage determination(including any additional requirement,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(aXiXii)and a;cruel payment or advances as may be consideree necessary to pay the Davis-Bacon poster(WH-1321)shall be posted at all times by the con-. laborers and mechanics,including apprentices,trainees and helpers, tractor and Its subcontractors at the site of the work in a prominent and aecessibjQ place where it can be easily seen by the workers Cmp'dyed by the contractor or any subcontractorthe full amount of wages (�)(a)Any class of laborers or mechanics which is not listed in the r!quirec by the contract In the event of failure to pay any laborer or r+echarc,including any apprentice,trainee or he!oer.ernployed or working wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.HUD shall cot the a of the work of under the United States Housing Act of 1937 or approve an additional classification and wage rate and fringe benefits u^der tae Housing Aa of 1949 in the construction or development of the approve only when cite following criteria have been met project).all or part of the wages required by the contract HUD or it desig- (1)The work to be performed by the classification requested is not tee may,aper written notice a the contractor,sponsor,applicant a owner, performed by a classification in the wage determination;and take such action as may be necessary to cause the suspension of any .rther payment advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by the construction industry,and ceased.HUD or it designee may,after written notce to tike contractor,dis- verse such amount withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bene- contracipr to the res fit.bears a reasonable relationship to the wage rates contained in the respective employees to whom trey are due.The Comp- wage determination. troller General shall make such disbursement in me case of direct Crave-Bacon Act Contracts. (b) contractor coactdr and the laborers and mechanics to be employed 3.n Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefit where appropriate),a report of the action neehanics working at the site of the work(or under the United States taken shall be sent by HUD or it designee to the Administrator of the Wage Housing Act of 1937•or under the Housing Act of 1949,in the construction and Hour Division,Employment Standards Administration,U.S.Department of me name. of labor,Washington,D.C.20210.The Administrator,or an authorized r development of the project).Such records shall conta, representatve,will approve,modify,or disapprove every additional classifi- address.and social security number of each such worker,his or her cor- cation action within 30 days of receipt and so advise HUD or it designee rec'ctass'fication,hourly rates of rages pard(including rates of contnbu- Or will notify HUD or its designee wrth�^the 30-day period that additional 'ors or cost anticipated for bona fide fringe benefit or ca,h equivalents time is necessa T.er°7f or me types described,n Section 1(b►(2)(8(of tris ')avis-b.-Con Act), ry. lApproved by the Office of Management and 3uaget ca+l ata w under OMB control number 1215-0140.) Y weekly number of hours worked,deduct'grs rr.3de and actual .rages:laid.Whenever the Secretary of Labor has lourd under 29 CFR 5.5 (C)In the event the contractor,the laborers or mechanics to be employed in the claswficapon or their r •a:1/iv,that the wages of any laborer or mechanic jr1C!upe the amount of designee do nota agree on me Proposed ion and age or a any Cost reasonably anticipated in providing berefit unser a plan or pro- (including the amount designated for fringe benefits,where appropnate) Section 1(b)(2)(8)of the Davm-Bator Act the contractor sfa:;maintain records which show that the comrirtrne-t to nrcrvide such Previous Edition is Obsolete benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentces to journeymen on the job site and that the plan or program has been communicated in wming to the ir.an craft classification sha;1 rot be greater than the ratio rated to me laborers or mechanics affected,and records which Show the costs antici- Y g �" contractor as to the enure wort force under the registered program.Any pated or the actual cost incurred in proe-Cmg such benefits.Contractors worker listed ora payroll at ar a employing apprentices or trainees under approved programs shall maintain P y apprentice wage rate.who is not registered 09 or otherwise employeC as stated atwve,shall be paid rat less than the written evidence of the registration of a;prenticeship programs and certifi- arpliCable wage rate on the wage determination for the classification of cation of trainee programs,the registraton of the apprentices and trainees, work actually performed.In acdition,any apprentice performing work on and the ratios and wage rates prescnbec in the applicable programs. the lob site in excess of the ra-o perr.tted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less Can the applicable wage rate on the wage determi- Numbers 1215-0140 and 1215-0017.) naton for the work actUall (li)(a)The contractor shall submit weekly for each week in which an y performed.Where a contractor is performing Y censructon on a project in a;xality other than that in which its program is contract work is performed a copy of all payrolls to HUD or its designee if registered,the ratios and wage rates(expressed in percentages of the jour- the agency is a parry to the contract but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractors regis- the contractor will submit the payrolls to the applicant sponsor,or owner, iced program shall be observed.Every apprenctice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less Ulan the rate specified in me registered program for the apprentice's submitted shall set out accurately and cavtpletely all of the information leiel of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(a)(3)n.This information specified in the applicable wage determination.Apprentices may be submmed in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions othe ashall be paid for this purpose and may be purchased from the Su fringe enef�t Superintendent of Docu- program,K the aPPrent;ceship program Coes not specify fringe benefits, ments(Federal Stock Number 029-005-00014-1),U.S.Goverment Printing a;prentices must be paid the till amount of fringe benefits listed on the Office,Washington,DC.20402 The Prime contractor is responsible for the wage determinanon for the applicable classification.It the Administrator• submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with that determination.In 1215-0149.) the event the Bureau of A (b)Each payroll submittei shall be accompanied by a'Statement of ticeshi Agency Apprenticeship and Training,ora State of an - Compliance,"signed by the contractor or subcontractor or his or her agent P g cY rogram.the c the Bureau,withdraws approval of an who pa or supervises 9 apprenticeship program,the contractor will no longer be permitted to utilize Pays penises the payment of me persons employed under the apprentices at less than the applicable predetermined rate for the work contract and shall certify the following (1)That the payroll for theperformed until an acceptable program is approved. DaYroll Period contains the information (1 Trainees-Except as provided in 29 CFR 5.16,trainees will not be required to be maintained under 29 CFR Part 5.5(aX3)@ and stat such teed to work at less than Vie predetermined rate for the work per- information is correct and complete; formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certfi- apprentice,and trainee)employed on the contract during the payroll period cation by the U.S.Department of labor.Employment and Training Admini- has been paid the full weekly wages earned,without rebate,ether directly stration.The ratio of trainees to journeymen on the job site shall not be or indirectly,and that no deductions have been made either directly or indi- greater than permitted under me plan approved by the Employment and rectly from the full wages earned,other Iran permissable deCuctions as set Training Administration.Every 7ainee must be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of me journeyman hourly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in sication of work performed,as specified in the-applicable wage determina. accordance with the provisions of the trainee program.If the trainee pro- tion incorporated into the contract gram does not mention fringe benefits,trainees shall be paid the full (c)The weekly submission of a property executed cert;fication set amount of fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for-submission of the"Statement of Compliance'required paragraph A.3.(iixb)of this section. by apprenticeship program assoc ated with the corresponding journeyman wage rate on the wage determ,nation which provides for less than full (d)The falsification of any of the above certifications rray subject the fnrge benefits for apprentices.Any employee listed on the payroll at a contractor or subcontractor to civil or criminal prosecution under Section tra nee rate who is not registered and participating in a training plan 1001 of Title 18 and Section 231 of Tide 31 of the United States Code, approved by the Employment and Training Administration shall be paid not (ri)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work under paragraph A.3.O of this section available for inspection.copying,or actially performed.In addition.any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or the in excess of the ratio permittec under the registered program shall be paid Department of Labor,and shall permit such representatives.110 interview no:less than the applicable wage rate on the wage determination for the employees during working hours on the lob.U the contractor or subcon- work actually performeo.In the event the Employment and Training Admin- tractor fails to submit the required records or to make them available,HUD istration withdraws approval of a training program,the contractor will no or its designee may,after written notice to the contractor,sponsor,appli- longer be Permitted to utilize trainees at less than the applicable predeter- cant or owner,take such action as may be necessary to cause the sus- g !Wined rate for the work performed until an acceptable program is pension of any further payment advance,or guarantee of funds.Further. approved. more,failure to submit the required records upon request or to make such (m Equal employment opportunity.The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 Irainees and journeymen under this CFR Part 5.12 1 Y part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as 4.()Apprentices and Trainees APtxenticea,Apprentices will be per. amended,and 29 CFR Part 30. miffed to work at less than the predetermined rate for the work the formed when th Y per. 5.Compliance with Copeland Act requirements.The contractor shall they'are e^,tployed pursuant to and individually registered in a comply with the requirements of 29 CFR Part?which are incorporated by bona fide apprenticeship program registered wrth the U.S.Department of reference in this contract Labor.Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.Trie and Training,or with a State A contractor or,subcontractor will insert in any su►+- Bureau.or if a Apprenticeship Agency recognized by the cor:aa=the clauses containec in 29 CFR 5.5(2;,1)through(10)and such Person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions employment as an apprentice in such an apprenticeship program,who is recuse.and also a clause reQu,nng the subcontractors to include these nBureau ot individually registered in the program,but who has been certified by the Causes in any lower ter subcontracts The prime contractor shall tis (where of Apprenticeship and Training oe a State Apprenticeship Agency responsible for Vie compliance by any subcontractor or lower ber subcon- pr )to be eligible for probationary employment as an tractor with all the contact clauses in 29 CFR Part 5.5. 7.Contracte termination;debarment A breach of the contract c'3uses in pensat,on at a rate not less than one and one-half times the basic rate of 29 CFR 5.5 may be grounds for termination of the contract and fo :ebar- pay for all hours worked in excess of eight hours in any calendar day or in ment as a contractor and a subcontractor as provided in 29 CFR I '2. excess of forty hours in such workweek.whichever is greater. a.Compliance with Davis-Bacon and Related Act Requirements All rul- ings (2)Violation;liability for unpaid wages;liquidated damages.In the Ings and interpretations of the Davis=Bacon and Related Acts con Mined in evert of any violation of the clause set forte in subparagraph(1)of this 29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall contract be liable for the unpaid wages.In aCdibon,such contractor and subcon- 9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shall not be subject to the general contract for the District of Columbia-or a territory,to such District or to such disputes clause of this contract Such disputes shall be resolved in actor- territory),for liquidated damages.S.ich liquidated damages shall be com- dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards.employed in violation of the clause set forth in sub- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in ne sum of 510 for each calendar day on designge•the U.S.Department of Labor,or the employees or their which such individual was requireC or permitted to work in excess of eight representative& hours or in excess of the standard workweek of forty hours without pay- 10.(i)Certification of Eligibility.By entering into this contract the con- ment of the overtime wages required by the clause set forth in subpara- tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a)of the Davis- (3)Withholding for unpaid wages and liquidated damages.HUD or its Bacon Act or 29 CFR 5.12(ax1)or to be awarded HUD contracts or partici- designee shall upon its own acnor.or upon written request of an rized representative of the Deto be pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (f)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con- the Davis-Bacon Act or 29 CFR 5.12(ax1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to (ile The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code,18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010.Title 18.U.S C."Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph. vides in part"Whoever,for the purpose of. . influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any action of such Administration. . . makes,utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)through(4)of this knowing the same to be false• . . shall be fined not more than S5.000 or paragraph and also a clause requirng the subcontractors to include these imprisoned not more than two years,or both" clauses in any lower tier subcontracts.The prime contractor shall be 11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac- mech;Nc to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such paragraph. emplo C.Health and Safety yee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to testify in any proceeding or under working conditions whict are unsanitary,hazardous,or danger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and his employer. hearth standards promulgated b the Secreta of Labor b regulation. B Contrail Work Hours and Safety Standards Act As used in this para- g Y Secretary Ybythe graph,the terms"laborers"and"mechanics"include watchmen and (2)The Contractor shall comp:y with all regulations issued by the 9uaroy Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and (1)Ovartlms failure to comply may result in imposition of sanctions pursuant to the Con- .roqui►ementi.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96). fOr any part of the contract work which may require or involve the employ- . meet of laborers or mechanics shall require or (3)The Contractor shall include the provisions of this Article in every eq permit any such laborer or subcontract so that such provisiors will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shall take such aeon with respect to any subcontract as to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions. Pub. Law 93-383 1 b - August 22. 1974 eti err. s•o ( ) lection 31.89 of the Itcviwd Statutes, as amended (31 U.S.C. • 711), is amended by adding at L&e end thereof a new paraetsph as follows: "(22) For payments required from time to time under contracts entered into pursuant to section 103 of Lie housing sad Community 4j a• ��• Ikvelojhntent Act of 1974 for payment of interestcosts on obligations guaranteed by the Secretary of IIousing and Urban Development under that section." 42 USC SXXO (g) With respect to any obligation i sued by a unit of gencral•loeal • government or designates! nrencr which such unit or egency hes ducted to issue as a taxable ob!ibsuion pursuant to subsection (e) of this section,the interest paid on fuel&obii�tion shall be included in 6eA Stat. 3, e f come for tie purpose of chapter 1 of the ln►=,Ll Revenue 26 use 1 - xo.•rnraarts¢taaox 11 LM. 42 Me $2090 See. 109. (a) -No person in the United Statm shalt op the ground of race,color,national origin.or sex be excluded from participation ia, be denied the benefits of,or be sub! a 'eed to discrimination under any program or activity funded in whole or in part with funds mace available under this title. _ (b) Whenever the Secretary determines tl&at a State or unit of general local government which is a recipient of ast6taxice under this title has failed to comply with subsection (a) or an applicable rt,-uls- tion,he shall notify the Governor of such:We or circ chief executive • officer of such unit of local -O errimeat of the nottcompli=nce and shall request the Governor or the cliki.execciire officer to secure compliance. If within a reasonable period;o4;:nue, not to exceed sratr dips, the. Governor or the chief�executive; oiScer fails or refutpai•-o secure. compliance;the Secretary is authorized to'.(1) refer the Inatter to the Attonhey General with i teeommendstion that An appropriate-civil. .,•�:, action be instituted; (2). exercise thle pourers and functions provided.: by title VI of the Civil Fights:lct-of 1%4 (4i' :.Sr (3) . exercise flee powers and functions provided for in section 111:(&) of .. ' this Act; or (4) take such other action-as may be praeided by flaw. (c) When a matter is referred to the Attorney General pursuant to sttbaection (b), or whenever he has reason tO7 believe that a•Scats government or unit of general local government is engaged in a pattern or practice in violation of the provisions of this section,the.Attorney General may bring a civil action in any a6propriate United States district court for such relief as may be appropriate, including injunctive reiieL lases ari3MAsos 42 USC 5310. Sr.G 110. All laborers and mechanics employed by eentmetors or subcontractors in tlhe performance of construction work ffnanced in whole or in part with grants received under this title shall be paid wares at rates not less than tho.e prerailing on similareoenstruction in • • the locality as determithesi by the Secretary of Lbor in accordance With the ihvis-Bacon .Act. as aueruded 60 UZC— 3,Ga-2:6a-5): Provided, That this sectioet•slhall apply to the eviesbilitation of residential prnp.rtp only if shhch prnnerry is desi^ned for residential ' use for eight or more families.The Sceret4ry of L ;shell have,wits respect to such labor stauhlarcls,tlee autlrthrity and functions set forth -' •- in I{eor,-aniution Plan Numbered 14 of Ip5b (1S F.R 317 G;64 Stat $ Me app. 12G7)•cud section o of the Act of June 13,IOU,as anluded (48.Stat 40 Use 2764. 948;40 U.S.C.276(c)). Pub. Law 93-383 - 16- ,August 22. 1974 ee syr. s•o ( ) .%kT6on 3689 of the Itcr"-Wd Statutes, as anwnded (31 U.S.C. • 711), is amended by adding st the end thereof a nen paragraph as follows: "(22) For pa)mwts required from time to time under contracts Antentered. into pursuant to section 1o8 of Luo housing sad Community 'a V. entered. Act of 1974 for payment of interest costs nn obligations guaranteed by the Secretary of IIousing and Uthan Development under that section." 42 USC sane. (g) With respect to any obligation issued by a unit of geneml•Ioca.1 -- • government or designated arencr which stich unit or pgency leas elected to issue as a ta=ble ob:ig�tion pursuant to subsection (e) of this section,the interest paid on such obiip tion shall be included in gross income for tis purpose of cl=pter I of the Internal Revenue sea stat. 3. Code of Iv5-L 26 use 1 xo.•rntaamua.Yaaoir . at Ln. 42 tsa $3%. Src. 109. (a) No person in the United States shah on the gemund of race,color,national origin.or sex be excluded from participation in, ba denied the benefits of.or be sub'eacd to discrimination under any Program or activity funded in vole or in part with funds made available under this title. (b) Whenever tine Secretarr determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection (a) or an applicable reb^uls- tion,he shall notify the Governor of such sate or the ehicf executive officer of such unit of local government of tlue noix=plisnce and shall request the Governor or tine el.ief-erect ii-re officer to secaee compliance. • If within a reasonable period o#;:.ime, not to exceed sate ds)3, the . Governor or the chief-executive;otriicer fails or reftext's•Xo secure compliance,the Secretary.is,authorized to•(1) refer the matter to the Attorney General with a recommendation that an appeopriate-civil. ., r. action be instituted; (2). exercise this powers and.fanetavtts provided: . by title VI of the Civil Rights:1ct•of 19C4 (4•: U. xkl); (3) exercise the powers anti functions provided for i::section 111(a)•of .. : this Act; or (4) take such other action-as may be provided by law. (c) When a matter is referred to tlx Attorney General pursuantto suboection (b), or whenever he has reason tu7 beliera that a.State government orunit of general local government isin a patters or practice in violation of the prcrisnons ofthis section.file Attorney General may bring a civil action in any a.ppropnate United States district court for such relief as tray be appropriate, including injunctive relieL . iasoe sra�asne .. 42 ttsC 3310. Syr. 110. All laborers and mechanics employed by contractors or • subcontractors in the performance of construction work financed in whole or in part with grants receiveti under this title shall be paid wages at rates not less than thou prerailing on similar construction in the locality as determineal by die Secretary of Ubur in accordance with the havis-llneon.Act. as anwnded (io U_5.0 36Sa-2:62-3): Prorided, 17nat this -ection•shall apply to the "sbilitstion of residential prnp.rty only if shah property is desi;ned for residential _ use for eight or more families.'nee Sceref.try of Lrborshall have,.ritti - - respect touch labor stantlards,the autLnrty and functions set :orth in livor;,-aniution flan Numbered 14 of IPSb (13 F.R 317G;64 Stat 4 US app. 12G7) and section n of tlhe Act of June 13,1934,as anc,"Ird (48-Stat. 40 USC =Iso. $48;40 US.C.2e 6(c)). Requirements for Contractors (See Rules and Regulations , Title 24, Part 135, Federal Reqister, October 23, 19733) PURPOSE In the administration of any HUD funded program, to the greatest extent feasible: (i ) opportunities for training and employment arising in connection with the planning and carrying out of any project assisted under any such program be given to lower income persons residinq in the area of such project; and contracts for work to be performed in connection with any such project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of such project. REQUIREMENTS I. Section 3 Affirmative Action Plan A. Identification of Affirmative Action Officer, by name. B. Identification of firm or contractor, contracting agency and contract total do lar amount, scope of work, contract number, project number, description of project area, etc. ) C. Employment 1. Trainees a. A listing by work categories of (i) total number of trainees to be utilized; (ii ) number of those already on permanent work force; and (iii ) number of those to be recruited and employed from project area; b. A detailed description of specific means to be utilized to recruit project area res i dents . incT`ud-Tn—a specific identification of area oraanizations, advertising media, sign placement, etc. ; C. Statement explain that contractor will maintain a list Af all project residents applying and records indicatina status of action taken , with reasons for such. 2. Skilled Employees Same as a. ,b. and c. above. -1- • • • • Jr 0. Businesses , Subcontractors , Vendors , etc. 1. Listinc- of each category of roods and services to be utilized on subject contract, along with estimated dollar amount value of each, 2. listing of dollar value planned to be awarded to project area businesses , Subcontractors-, vendors , etc. ; 3. Detailed descriotion of specific means to be taken to publicize, advertise, notify, etc. . area businesses , etc. , of opportunity to become subcontractors , etc. ; indicate specific or anizations contacted, advertisements p aced, etc. ; 4. Records of actions taken to implement above-described plan, and reasons for such; 5. Insertion in bid documents/negotiation documents of contractors affirmative action plan, oro ect area descriotion, etc. E. Statement that all reports, records , etc. , relating to the implementation of this Section 3 Plan will be ooen and available for inspection to authorized reoresentatives of the Deoartment of Housing and Urban _Oevelooment, the contracting agency. F. Statement that the Rules and Regulations, Title 24, Part 135, will be posted consoicuously in offices and places frequented by employees , applicants, orospective subcontractors , vendors , etc. G. Statement that the contractor and the Affirmative Action Officer will cooperate with the Department of Housing and Urban Development in complying with the Section 3 Regulations. H. Statement that the contractor will submit whatever reports are required by the Department of Housing and Urban Development. SPECIAL `TOTE The Assistant Secretary for Equal Opportunity has been delegated the functions of the Secretary of Housing and Urban Development in administerino programs pursuant to Section 3. The Assistant Secretary for Equal Opportunity will issue such further regulations in connection with his/her responsibilities under Section 3_ of the Housing and Urban Development Act of 1968, 12 U.S.C. as amended, 17O1u. , as he she finds appropriate and may, as needed, amplify any reaulations issued pursuant to Section 3, through guidelines , handbooks , circulars or other means. (ii) Require, in consultation with the Administrator of the Small Business Administrati2n, that to t e greatest extent fe—as—i-STe contracts for work to be performed in connection with any such project be awarded to business concerns including but not limited to individuals or firms doing business in the field of planning, consultina, design, architecture, buildin construction, rehabili- tation, maintenance, or repair, which are located in or owned in substantial part by persons r=siding in the area or such oroject. -2- • (b) In the development of these regulations the Secretary has consulted with the Secretary of Labor and the Administrator of the Small Business Administration and mutual agreement has been reached with respect to the coordination of employment and training efforts and contracts awards under these re u ations by the Department of Housing and Urban Deve ooment, the Oeoartment of Labor, and the Small Business administration. (c) The regulations as set forth in this part, particularly Subparts C and 0 of this part, shall serve to define"to the 'greatest extent feasible" as that term is applied in section T of the Housing an Urban Development Act of 1968. (d) The Secretary will issue such further regulations in connection with his responsibilities under section 3 of the Housing and Urban Development Act of 1968, as he finds appropriate and may, as needed, amplify any regulations issued pursuant to section 3, through guide- lines , handbooks , circulars or other means. s 135. 5 Definitions. As used in this part -- (a) "Applicant" means any entity seeking assistance for a project including, but not limited to mortgagors , developers , legal public bodies, nonorofit or limited dividend sponsors , builders , or property managers. (b) "Business" concerns located within the section 3 covered project area" means those individuals or firms located within the relevant section 3 covered oroject area as determined oursuant to = 135. 1 5, listed on the Department' s registry of eligible business concerns , and which oualify as small under the small business size standards of the Small Business Administration. (c) "Business concerns owned in substantial part by persons residing in the section 3 covered project area" means those business concerns which are 51 percent or more owned by persons residing within the relevant section 3 covered oroject as determined pursuant to g 135. 15, owned by persons considered by the Small Business Administration to be socially or economically disadvantaged, listed on the Department's registry of eligible business concerns , and which qualify as small under the small business size standards of the Small Business Administration. (d) "Contracting party" means any entity which contracts with a contractor for the performance of work in connection with a section 3 covered project. (e) "Contractor" means any entity which performs work in connection with a section 3 covered project. Joe M "Department" means the Department of Housing and Urban Development. (g) "Lower income resident of the area" means any individual who resides within the area of a section 3 covered project and whose fami y ,ncome does not exceed 90 percent of the median income in the Standard letr000litan Statistical Area (or the county if not within a SMSA) in which the section 3 covered project is located. (h) "Po_Iitical jurisdiction" means aol *tically organized community with a governing body having genera government powers . (i ) "Recipient" means any entity who received assistance for a project including, but not limited to, mortgagors , developers , local public bodies , nonprofit or limited. (j) "Secretary" means the Secretary of Housing and Urban Development. (k) "Section 3" means section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1101u. (1) "Section 3 clause" means the contract provisions set forth in s 135.20(b). (m) "Section 3 covered project" means any nonexempt project assisted by any program administered by the Secretary in which 'loans, grants , subsidies or other financial assistance are provided in aid of housing, urban planning, development, redevelopment, or renewal , public or community facilities, and new community development except where the financial assistance available under such program is solely in the form of insurance or guaranty). Projects, contracts and subcontracts , connected with programs administered by the secretary under sections 235 and 236 of the National Housing Act, as well as any Public Housing Program and which do not exceed 5500,000 in estimated cost are exemoted from the M uirements of this part, as is any subcontract of M,000 or under on such projects or contracts in excess of 5500,000. (n) "Subcontractor" means any entity (other than a person who is an employee of the contractor) which has agreed or arranged with a con- tractor to undertake a portion of the contractor's obligation or the performance of work in connection with a section 3 covered project. s 135.10 Delegation to Assistant Secretary for Equal Opportunity. Except as otherwise provided in this part, the functions of the Secretary referred to in this part are delegated to the Assistant Secretary for Equal Opportunitv. The Assistant Secretary is further authorized to redeleaate functions and responsibilities delegated in this section to emoloyees of the Oepartment, orovided, however, that the authority to issue rules and regulations under 5 135.1 (d) may not be rede egated. -4- S 135. 15 Determination of the area of a section 3 covered project. (a) The area of a section 3 covered project shall be determined as follows: (1 ) The boundaries of a section 3 covered project located: (i) Within a geograohic area designated as an urban renewal area pursuant to the provisions of title I of the Housinq Act of 1949, 42 U.S. C. 1450; or NO Within a aeocraohic area designated as Model Cities areas or Metropolitan Development Plan areas pursuant to the provisions of title I of the Demonstration Cities and Metropolitan Development Act or 1960, 42 U S C 33-OT--, or (iii ) Within a geographic area designated as an Indian reservation (to include all territory within reservation boundaries , including fee patented roads, waters , bridges and lands used for agency purposes), shall be coextensive with the boundaries of that geographic area. (2) The boundaries of a section 3 covered project not located within a geographic area designated pursuant to Title I of the Housing Act of 1949, or Title I of the Oemonstration Cities and Metronolitan Development Act of 1966 shall be coextensive with the boundaries of the smallest 0-07itical jurisdiction in which t e projQct is located. (3) To the extent that goals (established pursuant to Subparts B , C, and 0 of this part) cannot be met within a section 3 covered project area as determined pursuant to paragraph (a) (1 ) of this section, the boundaries of the smallest Political jurisdiction in which the section 3 covered project is located shall be desionated as the relevant section 3 project area. The determination to app y this subparagraph shall be made oy the Assistant Secretary for Equal Opportunity or by the same official designated by the Assistant Secretary for Equal Opportunity to determine the section 3 covered project area pursuant to paragraph (a) (1 ) of this section. (b) The Department's Regional Administrator, Area Office Director, or FHA Insuring Office Director, as appropriate, shall deterriine the boundaries of each section 3 covered project. S 135.20 Assurance of compliance with regulations. (a) Every contract or agreement for a grant, loan, subsidy, or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal , public or community facilities, and new community development, entered into by the Department of Housing and Urban Development with respect to a section 3 covered project shall contain provisions requiring—the app scant or recipient t,5—carry out the provisions or section 3, the reguiations set Fo-F,n in his part, ana any app icao a r- -575—sand orders of the Department issued thereunder prior to approval of its application for assistance for a section 3 covered project. -5- (b) Every aoolicant, recipient, contracting oarty, contractor, and subcontractor shall incoroorate, or cause to be incoroorated , in all contracts for work in connection with a section 3 covered project, the followinq clause referred to as a section 3 clause) . A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employ- ment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. B. The parties to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder. -6- IMPORTANT PLEASE READ PURPOSE OF THE SECTION 3 PLAN This plan exists in order to insure that to the greatest extent feasible a good faith effort will be made to: 1 - Provide an opportunity for training and employment to low-moderate income residents of the project area. 2 - Provide businesses locaied in the project area with the opportunity to become subcontractors and/or vendors. In order to accomplish the above all potential contractors must sign the Contractor's Compliance Form contained in this section. • In addition all potential contractors must complete the Contractor's Section 3 Plan. This plan indicates what actions, if any, are proposed for hiring project area residents and for subcontracting with project area businesses. A list of organizations concerned with the employment of project area residents is included in this Section in order to assist you when filling out the Contractor's Section 3 Plan. Also included in this Section is a Trainee Utilization Plan and a Skilled Employee Utilization Plan. The successful bidder must complete these 2 forms. PLEASE NOTE: The successful bidder is the one with the lowest bid. Each bidder however must sign the Contractor's Compliance Form and complete the Contractor's Section 3 Plan. • • We: - Project No: Location: STATEMENT OF COMPLIANCE Training, Employment, and Contracting Opportunities for Businesses and Lower Income Persons A. The project assisted under this (contract agreement) is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract)(agreement) , the (applicant)(recipient) shall carry out the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973) , and all applicable rules and order of the Secretary issued thereunder prior to the execution of this (contract)(agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project: the making of a good faith effort, as defined by the regulations, to provide training, employment, and business oppor- tunities required by section 3; and incorporation of the "section 3 clause" specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provisions of section 3, the regualtions set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this (agreement) (contract) , shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient) , its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)(recipient) , its contractors and subcontractors, its successors, and assigns to the sanctions specified by this (agreement)(contract) , and to such sanctions as are specified by 24 CFR Section 135.135. Company Name: Address: Official Signature NYAO-EO:GEM/res 6-14-74 Typed/Printed CO TRACTOR'S SECTION 3 PLAN 1 - Name of Firm Address Phone # 2 - Project Name/Description Project Location Please use additional sheets if needed. 3 - Employment a - Do you expect to hire any project area residents?-Yes-NO b - If yes how many? Trainees Skilled Employees Total c - What organizations, if any, from the attached list do you intend to notify? d - What publications will you use for employment notices? 4 - Subcontractors ' a - Do you expect to use project area businesses as subcontractors or vendors? YES NO b - If yes how many? c - What businesses., if any, from the project area will you request bids from? Plan prepared by Name Position Date SKILLED EMPLOYEE UTILIZATION PLAN If more space is needed please continue on other side of page. CONTRACTOR'S NAME: ADDRESS: TELEPHONE: PROJECT NAME: ADDRESS: 1 - Total number of skilled employees to be utilized on this project? Please list by work category. # OF SKILLED EMPLOYEES- WORK CATEGORY 2 - Total number of skilled employees currently on your permanent work force? Please list by work category. # OF SKILLED EMPLOYEES WORK CATEGORY 3 - Total number of skilled employees currently to be recruited and hired from the project area? # OF SKILLED EMPLOYEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE TRAINEE UTILIZATION PLAN If more space is needed, please continue on other side of page. CONTRACTOR'S NAME: ADDRESS: TELEPHONE: PROJECT NAME: ADDRESS: 1 - Total number of trainees to be utilized on this project? Please list by work category. # OF TRAINEES WORK CATEGORY 2 - Total number of trainees currently on your permanent work force? Please list by work category. # OF TRAINEES WORK CATEGORY 3 - Total number of trainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE ORG NIZATIONS CONCERNED WITH THE . 1PLOYMENT OF PROJECT AREA 'LOW INCOME RESIDENTS The Long Island Affirmative Action Programs, Inc. 150 Route 110 .Melville, N.Y. 11746 New York State Department of Labor Employment Offices: 75 E. Main Street, Riverhead, N.Y. 11901 1800 New York Avenue, Huntington Station, N.Y. 11746 117 Main Street, Bridgehampton, N.Y. 11932 63 Park Avenue, Bayshore, N.Y. 11706 State Office Building, Hauppauge, N.Y. 11787 55 Medford Avenue, Patchogue, N.Y. 11772 La Union Hispanica 244 E. Main Street Patchogue, N.Y. 11772 , Economic Opportunity Council of Suffolk, Inc. 98 Austin Street Patchogue, N.Y. 11772 CHAPTER IV CONTRACTORS RESPONSIBII,ITZZS I. General Resnonisibilities of Contractors A. General Oblications Contractors bidding on non-exempt Federally involved construction contracts should carefully review the general requirements relative to affirmative action and non-discrimination stipulated in the Equal Employment Opportunity (EEO) Clause and -the Federal EEO Bic Conditions, where applicable , which incorporate the voluntary minority utilization plan (Hometown Plan) and/or impose minimum minority untili- zation goals and timetables on contractors. Upon award of the Federally involved construction contract the contractor will be bound by the requirements of the EEO Clause and applicable Federal EEO Bid Conditions and must be able to demonstrate compliance with those requirements, including the designa- tion of a high level company official to assume the responsibility for the contractor' s EEO Program. B. Notification of Specific Responsibilities Subsequent to award, but prior to the initiation of construction on a covered Federally funded or assisted contract, the prime contractor and all known subcontractors will be notified by the Federal Compliance agency, which awards or administers the contract, of the specific reporting and record keeping requirements under the EEO Clause (See 60-1 ) and Bid Conditions (See Appendix II) . -2- C. Notification of Subcontractor Each prime contractor and subcontractor shall include by reference the EEO Clause and applicable Bid Conditions in all advertisements or other solicitations for bids, and shall include the EEO Clause and applicable Bid Conditions in all contracts. Each prime contractor and subcontractor must provide written notice to each subcontractor of the specific reporting and record keeping requirements under the EEO Clause and applicable Bid Conditions. Upon award of a subcontract, each contractor shall immediately notify the Compliance Agency of the contract number, the subcontractor' s name, dollar amount of contract, estimated start and completion dates , and the crafts which will perform work under the sub- contract. II . Obligations Under Federal EEO Bid Conditions. (See Attached Flow Chart on CONTRACTOR OVERVIEW) A. Hometown Plans Part I (Voluntary) Hometown Plans are Office of Federal Contract Compliance Programs (OFCCP) approved voluntary area-wide agreements between the construction industry and representatives of .the minority community establishing craft goals and time- tables for minorities. The Plan and the signatory partici- pating parties in the Plan are incorporated in Part I of the Bid Conditions for the Plan area. 3 - Contractors signatory to and participating in Depart- ment of Labor approved Hometown Plans and utilizing a local craft under Part I of the Bid Conditions are required to comply with the of the Plan and the EEO Clause. Removal of contractors to Part II of the Bid Conditions and/or initiation of enforcement proceedings may be recommended to the OFCCP Regional Office by the Administrative Committee for a contractor's failure to meet Hometown Plan requirements. Such action may also be initiated directly by the OFCCP Regional Office for violation of the EEO Clause. B. Hometown Plan Part II. Appendix A (Imposed Plan) and Special Bid Conditions Contrators subject to Part II of the Bid Conditions (including contractors participating in the voluntary plan but utilizing craft (s) subject to Part II requirements) and those affected by Appendix A of an Imposed Plan, or Special Bid Condi- tions are required to: 1• Comply with the EEO Clause; 2. Meet the minimum goals and timetables for aggregate workforce utilization specified in the Bid Conditions and/or Appendix A in each covered craft on all covered work in the area under the Bid Conditions/Appendix A or provide DOCUMENTARY EVIDENCE of good faith efforts to implement the minimum acceptable affirmative action program; s 4 - 3. File monthly or as directed by the cont=acting or administering agency, beginning with the effective date of the contract, workforce utili- zation reports (Standard Foran 257) reflecting the Prime contractor's and each subcontractor' s aggre- gate workforce in each covered craft within the area covered by the Bid Conditions (See Appendix II) and a one time listing of all Federally-funded or assisted contracts within the Bid Condition area by agency, contract number, location, dollar volume , percent completed, projected completion date, and a listing of all covered non-federal work, subse- quent to the submittal of the first listing. Monthly reports, thereafter, should only include new contracts received and those contracts com- pleted; 4 . Provide access to books, records, and accounts o.f all covered construction sites and documentary evidence of good faith efforts to the Compliance Agency and/or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose of conducting a review. When the Compliance Agency and the OFCCP have determined that the contractor has consistently met the minimum utilization goals in a covered craft over an entire construction season, re- PO=ting requirements will be changed from a monthly to a quarterly basis. However, if a contractor fails to meet the minimum - 5 - utilization goals during any quarter, monthly reporting requirements' will be reinstated. III. Enforcement (See Attached Flow Chart on CONTRACTORS OVERVIEW) A. Compliance Review Contractors failing to meet the minimum utilization goals specified in the Bid Conditions, or subject to outstanding allegations of discrimination in violation of the E.E.O. -Clause will be subject to a thorough review of their implementation of the affirmative action. program as specified in the Bid Conditions and, where required, a thorough review of their compliance with the E.E.O. Clause. Contractors will be subject to general enforcement, as stipulated in Subpart B of CFR 60-1 at the discretion of the agency or the OFCCP. A compliance review conducted by the Compliance Agency will consist of the following (See Appendix III B) : 1. A thorough review of the contractor's books, records and accounts and other relevant docu- ments. (If a contractor has met the specified minimum utilization goals for the aggregate workforce the contractor will be presumed to be in compliance with the requirements of the Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made. ) ; - 6 - 2. Validation of the information presented will be made through on-site reviews of a sample of all of the contractors projects to determine whether the contractor has met its goals or has made a good faith effort to implement all of the affirm- ative action steps specified in the Bid Conditions, and has not violated the E.E.O.Clause. B. Remedial Commitments In the event that a contractor has failed to meet the minimum utilization goals and had failed to provide adequate docu- mentary evidence of good faith efforts to implement the minimum affirmative action program as specified in the Bid Conditions, the contractor will be given an opportunity at the conclusion of the compliance review to make specific written commitments , which will be signed by an officer of the company, to remedy all deficiencies identified during the review, provided that the contractor has not otherwise been found to have violated the E.E.O. Clause. If such commitments are made by the contractor and approved by the Compliance Agency, the Agency will find the con- tractor in compliance and initiate monitoring of the specific commitments. C. Notice of Intent to Initiate Actions Leading to Sanctions If the contractor fails to make, or having made , fails to implement adequate remedial commitments, and/or has been found 7 _ to have otherwise violated the E.E.O. Clause, the Co:mliance Agency will issue a show cause notice to the contractor pro- viding 30 days for the contractor to come forward with addi- tional evidence of its efforts to comply or to make adequate remedial commitments, and, where required, to demonstrate that it has not violated the E.E.O. Clause. If the contractor makes such demonstration (s) and/or commitments, the Compliance Agency will withdraw the show cause notice and place the contractor in compliance, provided that any violation of the commitments will cause the contracting agency to proceed with actions leading to sanctions. D. Initiation of Actions Leading to Sanctions If, during the 30 day period provided, the contractor, (a) fails to document adequate good faith effort to implement the minimum required affirmative action steps or fails to make ade- quate commitments to correct all deficiencies, or (b) where re- quired, fails to demonstrate that the- E.E.O. Clause has not been violated, the Compliance Agency will initiate actions leading to the imposition of sanctions against the contractor, pursuant to 41 CFR 60-1.26. Upon such action by the Compliance Agency and approval by the OFCCp, the contractor will be notified that actions leading to sanctions have been initiated. The notice will state the rea- sons for the action and provide 14 calendar days for the contractor to request a hearing regarding the imposition of sanctions. 8 - If no request for hearing •is received within the 14 day period, the Compliance Agency and/or OFCCP will impose such sanctions as are deemed appropriate provisions of 41 CFR 60-1 , including cancellation, termination, debarment or ineligibility for further federally funded or federally assisted contracts. Upon receipt of a request for hearing, the Compliance Agency and/or OFCCP will arrange for and conduct a hearing on the issues outlined in 41 DFR 60-1 and 41 CRF 60-30. During the pendency of any such request for hearing, a contractor's other federally involved contracts may be suspended in whole or in part, pursuant to the provisions of 41 CFR 60-1. However, no sanctions or penalties specified in 41 CFR 60-1 or Executive Order 11246, as amended, may be imposed without the approval of the Director, OFCCP. The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlement of the issued and the final decision on the imposition of sanctions must be approved by the Secretary of Labor or the Director, OFCCP. IV. Technical Assistance The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementation of the requirements of the E.E.O. Clause, Federal Bid Conditions and/or appendix A upon receipt of a request for assistance from a contractor. NOTICE TO BIDDERS FAIR TRADE PRACTICE Please be advised that Section 109 of Public Law 100-202 restricts awarding contracts for work on public buildings or public works to contractors or subcontractors from foreign countries that deny fair trade practices to the United States . Currently, Japan is the only foreign country that has been so classified. The prohibitions in Section 109 also apply to certain products used in these activities , such as affixed equipment , electronics , utilities and instruments . The United States Trade Representative (USTR) -shall maintain a list of each foreign country which - (A) denies fair and equitable market opportunities for products and services of the United States in procurement , or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for contruction projects that cost more than $500 , 000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country: ( 1) if 50 percent or more of the Contractor or subcontractor is owned by a citizen or a national of the foreign country; (2) If the title to 50 percent or more of the stock of the Contractor or subcontractor is held subject- to trust or fiduciary obligation in favor of citizens or nationals of the foreign country; (3) If 50 percent or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country; (4) in the case of a partnership , if any general partner is a citizen of the foreign country; (5) In the case of a corporation , if its president or other chief executive -officer or the chairman of its board of directors is a citizen of the foreign country or . the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or (6) In the case of a contractor or subcontractor who is a joint venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in parapraphs ( 1) through ( 5) of this notice. "Product" , as used in this notice , means construction materials — i. e. , articles , materials , and supplies brought to the construction site for incorporation into the public works project , including permanently affixed equipment , instruments , utilities , electronic or other devices , but not including vehicles or construction equipment . In determining the origin of a product ( insert name of grantee) , will consider a product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the components mined, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components . "Component " , as used in this notice , means those articles , materials , and supplies incorporated directly into the product . "Contractor or subcontractor of a foreign country" , as used in this notice , means any Contractor or subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. Unless a waiver to these restrictions is granted by the Secreta,ry of Housing and Urban Development , no contract will be awarded to an offeror (a) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U. S . firms published by the USTR, ( b) whose subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list or , (c) who incorporates any product of a foreign country on the USTR list in the public works project . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith , the certification required. The knowledge and information of an offerer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . The USTR published an initial list in the Federal Register on December 30 , 1987 (53 FR 49244) which identified one country - Japan. The USTR can add countries to the list , and remove countries from it , in accordance with section 109( c) of Pub. L. 100-202 . FAIR TRADE CERTIFICATION I , being a principal Name of Contractor of herein after known Name of Company or Corporation as the "Offeror" certify by signature below that : 1) The offeror has read and understands the Notice to Bidders entitled "Fair Trade Practice" . 2) The offeror is not a contractor of a foreign country included on the list of countries that discriminate against U . S . . firms as published by the U . S . Trade Representative (USTR) ; 3) The Offeror has not or will not enter into any subcontract with a subcontractor or a foreign country included on the USTR list ; 4) The offeror will not provide any product of a country included on the USTR list; 5) An offeror unable to certify in accordance with paragraphs 1 , 2 , 3 , and 4 above shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification; and 6) The offeror shall provide immediate written notice to the Contracting Officer if , at any time before the contract award , the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . Signature of Company/Corp. Principal Title Contractor Identification Number Date The making of a false, fictitious , or fraudulent certification may render the maker subject to prosecution under Title 18 , U .S .C . 1001 . y,tr...t. ,f i it, 'r.y 1'y •t�x�r / ��iSik.,�, •.�.,V.,,• A int 'W's t �!]�.', , •.' ey,«�F. • ', /'w. "i. +y t} ♦ ' ,f# 3J,.a '"�' ',••� � � ., , w� •" 4. �. .` ./$� :,s�Jd k ��`�,i i vs �r ;l.i�� . fis 7,. .# � '(�a� ''7;, xt'k ^t„r r fis ." a� r+^•" !#t+ �" •t r,ff^X.^ �; J '�,". Y ' .—,twi s►. �+ �g�5.v�.Et•;' � .a w'. i >S i- '�' i1 �� hlMsiayal Aai#lala ap ti;*.+fib S: IIiwNICow q #ja'.T,`'.N::• �,,, a±t;^i41•,1�-;,•y .i ,��, � ;r�t��a� �,� �'k�_,;;��Sr�� •s�:+�' "+ r. ;•Iacfl '� �'�;�- St�� Ay � �, �.p�i #t r q-•��i d?a. :-�!AltM111�i^a .-�,s�7A%C��/iCrlS ,ystic'a, � } 1f * .y7- +kfi +�:�,�a• 12 k�ti- .., -1 `r,. ,.F•k ,t ys, ,A � �;-.r�tr �# «r,::y�`rn —ro .a,a� •5 � lS id►i+�•t' "' / � bMu1 !w/Owfll }��, � � >; R s3•• s, � t 7! Z �, d i•1 ••a ; �C +�� ''• � r` � , ..w P�t / � ' Napta�g7uiC• ►,�f1y✓ .a.J` ' rk ,7N ' N xs y + lis+ fit^ qr r or Cys#'; �Mf � Yrs 'sem 't' .. i toyr iwrlrA�it �� gr �iWestNI ` M,M i'Lam a i'C[ �•Ca:'r - NOM 7T - + t . cq ��NM�� 1 '� AA►Ntp � MM' i''. t e � ��` t is r r,{ �F"%�, Ibrl s ""1 O 2 4 6 a .yb •t `�y .t� ,A. 14 ', !! 4., ' 'h••r,j1?!•wr_.,, n 1 '•. r # it- #'�r z r; - f1fY!IC t Tlr , t Ji 3? 'Yr'# ) i��'}�'j• �"r4 s#" ' t -,i. r 4 OCEAN LOCATION MAF DRAW I.N., G INDEX ON T-1 TITLE SHEET C-- 1 PARTIAL SITE PLAN C-2 SEPTIC SYSTEM PLAN & DETAILS A- I FOUNDATION PLAN & FLOOR PLAN Am A-2 WALL SECTION & DETAILS A-3 FRAMING PLAN & DETAILS A-4 ELEVATIONS E—•I ELECTRICAL LAYOUT PLAN & DETAILS TITLE SHEET SOUTHOLD TOWN- IN ERING OWNINEERING DEPARTMENT PECON-IC LANE PECONIC , N. Y. T M� Y� E-4 H CAKRO .L AVWU f., PRapr �►�1�,a1N G (o94 1 TIT I i 13 � me i r 1 oo - Loa 200 10 2 r 4i-2 I t I t tt 1 RE NNIS Cou R'f LOGAf 1 oN �64 to PC4 RT IQL �If L PL Q W Z b ul z v Z W { l SEPTIC SYSTEM DESIGN Fz a PROPOSED OCCUPANCY 90 PEOPLE 49rt&K CLOU4 DESIGN CRITERIA 5 Gal. / Day / Occupant 'Lav R GRAIN 4u0 90 x 5 450 Gal. / Day V �s TWO DAY CAP H ACTTY REQUIRED H � 3"0 C,I, JS II C.I• ••tl P4USE: 900 Gallon Septic Tank w a LAVATORY K PLUMBING FIXTURE SCHEDULE + i QUANTITY FIXTURE MFG. / MODEL # 4d-b& 1`RAP f 1'� �r�j "r f�AP 2 EA. TOILET # 21 w fl C.M•LI. .'.YP� r 2 08.416 AMERICAN STANDARD OF SLA ' �r.�11/A110f� (C3tCt} � 18 HIGH CADET � 2 EA TOILET �' 010I06A - 295C RtFiR Four�TplN -- Sfof 4u SEAT WHITE ELONG OPEN FRONT .. UO- ET CAI61' IRON, H A �V 2 EA. LAVATORY # 9141.011 AMERICAN STANDARD ,Q2 ISL W ` ,s r 27 x 20 WHEELCHAIR LAVATORY d s -:2 . I vF f �LEv�►Trot�t ( t\ (, N _ �'`r�'` '`�� N f'S• OFFSET•LAVATORY DRA018 INSTANDARD .�.,� cave T� � SAY �� -'��--�--- CA�s1� I Rte! FRIAM�- # 2103.620 AMERICAN STANDARD 2. 661,O44 FIN15N 4„ CTR. W/B LAVATORY FAUCET COV&K - TY P• .�__�__ �F�I KOO V IW-r T # W520 - M24 WADE I CARRIER FOR LAVATORY TF}I'+I� I 1 EA. DRINKING # 6800 - WC HALSEY / TAYLOR FOUNTAIN $0610 CON(.RE?E / _` 4C.L.A615 2400 1)FF, 1'�Q ,, .-r - __�,,_ �'%2� NOTES: Govt. ---_ z TYPICAL. r I 1 E �tl u l 1 u ;C” IJ Manufacturer's catalog numbers specified herein are I I T for the purposes of establishing a basis of quality �* LAV• I I LAV, and design. Fixtures by other manufacturers will be acceptable subject to the Architects approval. LAG i1J Items listed herein shall not be construed as a N � 1'�2� '��- j �� ` - W��'• ��gfkc complete schedule. It shall be the contractors •.i 1 7 --744 responsibility to provide all necessary and U. • I G.O. additional accessories as required to provide a " C 1 complete installation. I N 3 t:.I. �,�FRIr�N (ate V�N'I' LF,ALN li Poo L �► Abwe w0 f. (� NOUIC 11RAP Prf 15' Of 4-'t CAST ��oN TRAP a P iG "o, 'f PM PLO 3 PLUM & N6 RISER 01 A6 KA M C2 Iv T5, W i 4M CONGRtTt SLA er -- -- CAST IRON F RPft € 60.f 0 CaV FP► v C:Pf OfftKS - N.t.C. -roP of FRAME, Te eE I" BEEt 14 FIM15H FLOOK PR&JiDL -Oftoft- Q Cnl1DFi Z�' L)fT- 31/4GRADE f SbeD ----- Sib"p- GLEN 0' J W � 0 P«LN I/41 tg' o .J I i R'G�11 '/8 PERS FOOt IN, N E O PIe;R MIN, v '� LINE ItLt� 1/P�" INLL *4 C LASS PIER FOOT [1 2400 PIPE, II\ a O W INL.h.T. CLASS nl _ INVERT .. - �21• Z SMP1 Pf, •- j,. -- II a --(l l'lo") -z -OufiL&T, +" 0 CL A6 b 2460 PI PF. -MAF FI G Gorr It✓R----- 11 q� W INvP.R'f 6L. -( 1�4 `A 2�0�' .,ol -fRWIC. L'DV _P �}- >�•d DIAMETEIR PREtASt . AW�f C0WCR�t� NcadtE L Aclal r�� .� 6W6 OKK CLEAN 5ANO (^MV6L GIROIJAD kATEl2 F &ACKFILL 9;oow r5l, coat um PLAN 614f,&T A-t,3 roK 9'•8'' _ rOUNDATION - "("'fP, APO I-rIONAL MO ff,,6 t Q H j-- S",c ic: COM-n Wobuls HP W41 Tlf F, A2 OP z f3-I 124 0:4 tj — 8'� G A,I• DOOR Oftu l"5 I J + I 2 A; J PR[31lI Dh 9-4"4> pvc S Lav S I ( _ �' 4 7 I lJ� e� & !24" BFAOW ORA06 MR FwruRe ( _. a —� � P. J I J q A 0 uec-rRIL 66avlcb6 - fsxtf"Na to ff yomo BLIP. F'GRf I�f°.m- J 7�+q COWN I•( Tb J ° I F1,415 H F L.WK- Lft 2- ° Fi1.8G'�RIG I 66140$ FDR p� . 4'�' -0 - - - N ►4AUNGN� + ' J PfTovlDf% Co" ' pvc. SLEEw� _ I 1N SLAG - SEE D6TAlL 2-A3 G,, D I � •� � F©� WA?f�R 5E►RVtG� IRR rGAtioN I a - +�� IY� �1 ( J !'1 Koom SYSTEM IIJ` M1.LA1'04 of OrN R5 i � 3 x I r GONG. SLA to- 3"x?� o = I m M I I I'Xff NO 20' 156-000 SOL DI lJ I —• 0 N I I 10�Ip W.Il.I: - Y PI I ° I I PI<•�Z �1 s I ll5!✓ 2- �}5 I3f;NC>S J -;�, f ( I PROMi4� J ;n: fbK 9o° TURN, ai i �; \o I '' b — —— —''*`O r • ^,;7 `.i',�';s.: — — — — fir o o �a �� N J J ( J - -41 i F• 38f IM F Q I 7 d J I _ < PC4 U OAT&Kf o �� II ��•4.I 31 �n �, � ,, � I I A 2 � DII 4�•01I 8' o" 61.011 I, u u Z Z •4 D 8 .0 v Z z fou N I)OT 10 SCAI f, /t 4 0 p Z W W L sYrJBO . 7 fA4 GORY I DRAB BAP, _ OFriGIN-r LOc-ATION 66-r ro A,tti.S. r, StANVARDS 2 12'4X 2t" STAINLESS Srt,6L MI P RoR, S LIQUID SOAP DI'SP6N,S6fZ * + FAPf R -row6L. DISPENSER .� -romr,-r PAPE;F, HOLOF '(B 15AtJITAR Y NAPKIN pISpE-NSL R z �._ - - ! � �o{,It? BLC�GK1�j' t�,?�'hi; '��+ �►��`It�ls - I\JoT�+: �.6SIL�rff ICN _ 1 '1` IIS 0 IAT rt+R # j 'fHI6 SH�►VT FoR 235 1%"Vr 2 ,c�► oc RAI~f�R P 4WD IT14NAIr hb►t" t4DOIT14NAL DaP 5 10441.65 !to 44 •�Y ci 4 W H til Ij C rix r.Y 1400 D aw 31�+�Af H 11441 -T P. Y all cf'a LINTILL 2- 2x 6 (!Z CoN1''INUOUch ��O�GK j+c$ 5►IDE� its VIA 014 w ( x13 F4661A r � � 1�oLLOI� � 1 Ofhr: 5E6 Y : 2K8 4AD w MOIL- L, FRAMF, f II..L S054W O w -7t'- BFo LO ! fO K ! 2 K co � C11.I NG1 JbIsT MOKOK. �l C? 1(0 0.4- ?YP ' � �f� FI R I: RAt�•0 � •' ,. �. �,Y P511 M i�1AL4 BOAR 0 � \ ` . S PAG L - 2 C04-M) • ,' r?— ►p Tq G �oDR kAD Q6401L 56 R 6 .N oPr t,K E,Coi•I•{INooISS 2 hl 1 D # 3f 4 I ISA R D I OoO fR ISGAI. : i' = .�► 5GA 4 E 1 - iftumItJum srRIP 121' CWAR F4Y WOOD , PR,o'SrIDE '/2 " faALV, yuGNvR pca L ► DIY '?Y P, 11 �► 61,0 o.4, MAX 811 � M, �}, - TYP S SP►•�� FAGE �, Y,/ p R 0 .M# lI. SPLI'T �ArE UIa�Ts C.M•�I. 2x LILD �R Us ' SCAN la C ► �; I t3 N 4LT 2 O P GQ U RtF. , x!3 1!RAMI I & , 7 '�4 ►.aoirt•c�l� �•+ - - Spt.IT-{=A(.,E C 6 .M, I}. .� � �16TAL �RAM� � . 60LIP i5LOCKiwi ffPICA Lffees � s. gpIGHoRS P6R i '� JAM �RoyID� Du RD�AIr� � � 1�1 R"b►I t�FdR G�i'MI�N1' � '��• Q�•. ;� , ��3� x R�.W 5 �► fl,. UI�R1'1GAL4YI � 12 " ©.G. - Ty f, Cf} `�"► voaR— � I � WH ebi D& - .� -- INSbGT SGR��N ' � T � W 1R& MSW NICH4A AS R941? 1 Moi DF.0 2 P�'F E.XTbRIbR Co uR '� - -- owf ¢ILLM - TYR LA 6 6''r t?TNtRS - , I,C, v ' ►tea Pel. C,c tcR of ,g, J�1" 6 � � I L POO Kjj)MD Pf>fAl L (,-0 tC R, i� oPN 1,4, 10/1 �GALP. T = (''v r I .• Z `. . °'' ►XTbRtoR ME;mj. Poonop MW p ►tRll, 5 ABo+vF� k - - Capitia bYb 601b, �oGLo4J Mt!1A1. 1!oR Natth TNI t� � v MILL . �R, RY 01146*! FRAMF, BtYoNO AR�R d' d 3r,aao J?S. (. CoNGR bT� DA R K I PA #qLu M l u to M -1v R 65Hoc.D FOU HDATIaN - -ryp, r('YP�GAIr 1 d . • - . __ . .� 41 Go�1Gfl t�SE �GAB I � 112 I��► �A LV. Q � W N II ��L K F 11. 6 r% hi 4xro• IC► I+�l. �F. AiiIGNoR BoLt3 d 4 Ma'1'bKIAL TNIti ARf.A '! (2 PSR 'S1w-Tilt?) W 5,000 .'r.l' CouGR P �•ta LINO G�RAv�I. Z to ,J,; U:. + ftR f�- w BAR R 16 AR 'tY P. �" _ -:,,• . .' . - . . •R: ;�- 8'' SPLIT FACE .� CoNGRfliASvpIR � '�.' ' . "• v . • ' . . �- ' :.` •• � � . p&pRE*Js 1~DUNA�fIoN Y �: � 1., - 8" + X t DOOR 'n IJN I'f- 7Y P I GA L JLL ��' - aPBNi Nle 5. '1'y P. 1 TYl' IGAL L�1 �aL L 6 ."� I N DOOR L L D&JAI L (. SCOW OFN14, �� Cf� H c l - w � C.� H a Pr-4 P �-2xit M IL iT t d v A --— 2 K(p BOA --- Ind C.EI 11 tJ& At M EC.NAIA ICAL I?OOM V N , Zx(o KIPbI� U '' 2x CvL4AR 'f,05 ft Log" 2-t io t�iP 2x Io WI P U. 0 co �cLo cC v Z K- :r RAMG PL At� - W z z � Qv W W o. ---- — Sil CONCRM MASot4R`t UtilT 0 Z Y, -- %000 PSI CONCK MO _ z Wl rAl Z11 Q W,CoNtI 1t10►t)s10 -rHR6d6H OAUNGN 4' CO K[ L R f6o ALJMCH D&fAI L 15C.149 WIN= 255 IWObit DO i �__ -- - , _ � F6�T- iryP, - _ _ - _ �-- _ - - _ _ 77- - -- MASONRY u I}rS- Tyr, — — _ • _. _ l I j 00LI . WAL r9AMtcn FLU614 PA14EL HOL LOBI M�p rlfTA . NNS •rf1 a li u u i I l y N ¶ =a D �- �-- A I PiQvvtD� BtlSNI1dG5 RS Rf�t,1UiRE0 N i I ON II1StALLATION OF WAnK �OUNTAN a ' LST ©N SPLIT FAC& MASONRY F WIS H VAT � � I a V V � �ORTW E.-L.a v A-r it wt) - - F. w z W C J � W Z W W y V W W fL © o 6ourH EAZ VA-r 10 N A4 s � .. 04 t La i t i r et-e0-TR I C F I XTURE sc► H EC1uL e F&WIDL 2- 4�� I PVC CONDdir PON - RECESS MOUNTED INCANDESCENT � Fd1'URt AAD 416199. HALO . - H7 70 PS TRIM ltualKIt, tegvIG6 ♦ 24" MOW &MDOmm VIVO K_Y f A f4 WOW GRADE FoNUTONE - RECESS MOUNTED INCANDESCENT FAN & LIGHT 1 r - 8683 t � I - SURFACE MOUNTED FLUORESCENT ...w WHO wrif U1406 , 2 LIGHT 4' WRAP AROUND 86 I IM'StAL U D NIf H SURFACE MOUNTED DUPLEX RECEPTACLE II f Wov i o E IJovD ffm Ai w& —-- A5 R&W 1REQ 'f0 RAN4 - SURFACE MOUNTED SWITCH M*+ L116M IN MGN. ROOM LIIJE of SoFF Ir V 1 L .CT R 16 L Ai 0 0 l' PLA # �► w awl iL Q r.r W J a - � V w