Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Energy Conservation Improvements
Tel.(516)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA C011►011AVON PLAINVIEW,NEW YORK 11803 Equipment for Technical and Vocational Education April 3rd 1995 TOWN of SOUTHOLD, Town Hall , 53095 Main Street , SOUTHOLD, New York 11971 Attn : Ms . J . Neville : RECEIVED APR 4 1995 Re : Ceiling renovation of Town Hall : mold Town C6* Dear Ms . Neville : We have arranged to work as follows : - Wednesday, April 12th - 12 : 00 noon to 12 : 00 midnight Monday, April 17th - 4 : 00 PM to 12 : 00 midnight . These are two of the dates you gave us . Thank you for your kind assistance . Yours sincerely, EZgar Bendor BROMPTON SERVICE Corporation EB:gh ENGINEERING EDUCATION INDUSTRIAL ARTS VOCATIONAL EDUCATION THSTATE INSURANCE FUNCO 199 CHURCH STREET NEW YORK, N.Y. 10007 1212) 312-7276 CANCELLATION OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE It"M POLICY NUMBER OFFICES OF TOWN OF SOUTHOLD *1021 911-1 TOWN HALL ATTN JUDITH TERRY 19 1"� DATE 53-095 MAIN RD PO BOX 1179 DEC1• 77 12/15/94 SOUTHOLD NY 11971 toW CWk SWAMN CERTIFICATE NUMBER 524-507 iS:.C8'tifilC �fi :.::::: CERTIFICATE HOLDER POLICYHOLDER OFFICES OF TOWN OF SOUTHOLD KENNETH MCROBB D/B/A TOWN HALL ATTN JUDITH TERRY EFFICIENCY CONTRACTORS 53-095 MAIN RD PO BOX 1179 104 MIDDLEVILLE ROAD SOUTHOLD NY 11971 NORTHPORT NY 11768 THIS IS TO ADVISE THAT THE WORKERS' COMPENSATION POLICY ISSUED TO THE POLICYHOLDER NAMED ABOVE HAS BEEN CANCELLED EFFECTIVE 1/28/95• THIS INFORMATION IS FURNISHED YOU IN COMPLIANCE WITH TERMS OF THE CERTIFICATE OF INSURANCE NUMBERED AS ABOVE AND ANY OTHER CERTIFICATE OF INSURANCE PREVIOUSLY ISSUED TO YOU AT THE POLICYHOLDER'S REQUEST UNDER THE ABOVE POLICY NUMBER. THE ST7� .ATE INSURANCE FU! 04 CANCELLATION DIRECTOR, INSURANCE FUND UNDERW; Z9 THE STATE INSURANCE FUND UNDERWRITING DEPARTMENT 199 CHURCH STREET FIRST CLASS NEW YORK, N.Y. 10007 U.S. POSTAGE FORWARDING AND PAID NEW YORK N.Y. ADDRESS CORRECTION REQUESTED PERMIT NO. 926 OFFICES OF TOWN OF SOUTHOLD TOWN HALL ATTN JUDITH TERRY 53-095 MAIN RD PO BOX 1179 SOUTHOLD NY 11971 s fi •s1 •tt 3 ? iscstt ii•'ttt i I???{i???lid?i°.tltfal???ft??:tEl gpnfc TO 0 his Side-Slide Finger Under This Edge THE I&ATE INSURANCE FUND 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7276 CANCELLATION OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OFFICES OF TOWN OF SOUTHOLD RECEIVED POLICY NUMBER TOWN HALL ATTN JUDITH TERRYMAR 3 1995 `1021 911-1 53-095 MAIN RD PO BOX 1179 DATE SOUTHOLD NY 11971 3/23/95 SO OwAd Town Cly CERTIFICATE NUMBER 524-507 sjti:.iCC3ni.R . tFii�:.£.r.t�iC;a�h�::.:.:.>:.:.:.:.:.: Slat%�4:TD::: IfJD ��: POLICYHOLDER CERTIFICATE HOLDER KENNETH MCROBB D/B/A OFFICES OF TOWN OF SOUTHOLD EFFICIENCY CONTRACTORS TOWN HALL ATTN JUDITH TERRY i 104 MIDDLEVILLE ROAD 53-095 MAIN RD PO BOX 1179 NORTHPORT NY 11768 SOUTHOLD NY 11971 THIS IS TO ADVISE THAT THE WORKERS' COMPENSATION POLICY ISSUED TO THE POLICYHOLDER NAMED ABOVE HAS BEEN CANCELLED EFFECTIVE 5/06/95. THIS INFORMATION IS FURNISHED YOU IN COMPLIANCE WITH TERMS OF THE CERTIFICATE OF INSURANCE NUMBERED AS ABOVE AND ANY OTHER CERTIFICATE OF INSURANCE PREVIOUSLY ISSUED TO YOU AT THE POLICYHOLDER'S REQUEST UNDER THE ABOVE POLICY NUMBER. THE STATE INSURANCE FUND CANCE /7� 4LLATION , DIRECTOR, INSURANCE FUND UNDERWRITING 1661 9T6 THE STATE INSURANCE FUND UNDERWRITING DEPARTMENT FIRST CLASS 199 CHURCH STREET U.S. POSTAGE NEW YORK, N.Y. 10007 PAID FORWARDING AND NEW YORK N.Y. aDDRESS CORRECTION REQUESTED PERMIT NO. 926 OFFICES OF TOWN OF SOUTHOLD TOWN HALL ] TTN JUDITH TERRY 53-095 NAIN RD PO BOX 1179 SOUTHOLD NY 11971 tt gpnfc To On This Side-Slide Finger Under This Edge JUDITH T.TERRY Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(516)765-1823 MARRIAGE OFFICER r' Telephone(516)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 16, 1994 Kenneth McRobb, President Efficiency Contractor 104 Middleville Road Northport, New York 11768 Dear Mr. McRobb: 1 am in receipt of your Certificate of Workers' Compensation Insurance, therefore I am returning herewith your 5% bid deposit - a certified check in the amount of $999. 15. Very truly yours, Judith T. Terry Southold Town Clerk .... THE STAO. INSURANCE FUND 0 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7276 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE RECEIVED KENNETH MCROBB D/B/A NOV 16 19M POLICY NUMBER EFFICIENCY CONTRACTORS 1021 911-1 104 MIDDLEVILLE ROAD SoUthold Town Clp* DATE NORTHPORT NY 11768 10/18/94 CERTIFICATE NUMBER 524-507 PERIOD COVERED BY THIS CERTIFICATE _j 9/28/94 TO 9/28/95 POLICYHOLDER CERITFICATE HOLDER KENNETH MCROBB D/B/A OFFICES OF TOWN OF SOUTHOLD EFFICIENCY CONTRACTORS TOWN HALL ATTN JUDITH TERRY 104 MIDDLEVILLE ROAD 53-095 MAIN RD PO BOX 1179 NORTHPORT NY 11768 SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 1021 911-1 UNTIL 9/28/95 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 9/28/95 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 5 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE STATE INSURANCE FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. THE STAj9 INSURAN E FUND . a U-26.3 HER T JACOBS DIRECTOR, INSU ANCE FUND UNDERWRITING DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 October 17 , 1994 Donna Jablonski New York State Energy Office 2 Rockefeller Plaza Albany, N. Y.. 12223 OCT12 0 W4 Dear Donna: Sar "M Town awk RE: TOWN OF SOUTHOLD SPECIFICATIONS The contractor for the electrical work, Avey Electric , has informed me that the Motorola 2 lamp ballast in the specifications is not available to the manufacturer of the new lighting fixtures , and that the manufacturer of the fixtures is substituting an Advance model REL-2S40-RHTP ballast for the specified Motorola ballast . Please note a typing error on the October 14 , 19;94 letter from Avey Electric where the ballast model is typed 2540 ; it should read 2S40 which is a valid model number. This change affects all three buildings in the Town of Southold. The new ballast is on the approved list dated January 10 , 1994 from the New York State Energy Office , and will not affect the potential energy savings . . Yours truly, Daniel Karp CC : Sterling Reflector Avey Electric / Town of Southold 4OEy- ELrEC-TIR1C1Nc' October 14, 1994 RE: Town of Southold 53095 Main Road Daniel Karpen Southold,NY 11971 3 Harbor 1*11 Drive 11743 Huntington, Dear Daniel. the ast installed in the fixtures for Sterling Reflector that follows We have been infor.�ned bcontract will be the Town of Southold lightingL-120 am Fixture`,,Motorola#Ml-RN-T 12-II- For 1 L P For 2 Lame Fixtures, Advance#REI'-2540 RHTP Please acknowledge this change. Sincerely A� CC iN Pau1� �7:�7A,,EnTRI eres. P1A/mt 203 BAY AVENUE PATCHOGUE,NY 11772 758-AVEY-2839 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 October 13, 1994 Supervisor Tom Wickham Town of Southold RECEIVED Main Road Southold, .N. Y. 11971 OCT,1 3 S4 Dear Tom: Sai 61ff tnwn Clerk RE: Duct and Coil Cleaning I performed an inspection of the fan coil units at the Town. Hall today. RCS Duct and Coil Cleaning has cleaned them about as well as they are ever going to be cleaned, and I4 I am signing off on their work and I am recommending that they be paid for their work. r Nevertheless, there is still a problem with the fan coil units in the Town Hall. The smell that was present in Town Hall is much reduced, but it is still evident. If the fan is turned on in the unit, the smell is strong above the unit. Bacteria and mold are embedded in the insulation behind the I' heating and coiling coil. It is impossble to get behind the unit to properly clean it. In order to solve the problem, it is necessary to replace the insulation, and the styrofoam pan. Also, I am recommending replacement of the short section of pipe insulation. I am recommending that the above work be done. I am estimating the cost at $5,000, plus 15 percent engineering fees j of $750. Payment would be made out of the buildings and grounds - budget for 1995. The work can be done on a unit by unit basis without disconnecting the plumbing. I can obtain quotation bids for this work as it is under $10,000. Please advise me when you wish to have me obtain quotations for submittal to the Town. Yours trueppeeln/ Daniel K G �r i By Fax'.-w789-9077 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 September 30, 1994 Richard Held RCS Duct and Coil Cleaning 380 Florida Avenue Copaigue, N. Y. 11726 Dear Richard: RE: TOWN OF SOUTHOLD I performed a second inspection of the Town Hall today. Please be advised of the following: I. Lobby unit outside of meeting room on first floor. Insulation not cleaned. Styrofoam not cleaned. Check condensate drip pan. Insulation on access panel not touched. 2. ZBA room. mold on outside of unit. Mold under lid for control switch. 3. Building Department. West side of wall. Two units. Dirty condensor drip pans. General problems applicable to all units: I. Mold on back of back of access door. 2. Cobwebs in space above condesnate drip pan. 3. Bottom of condesnate drip pans not cleaned. 4. Mold on rail which holds access door. Please correct the above deficiencies as soon as possible. Human Resources Center. Ductwork cleaning done to satisfaction of myself and the staff of center. Please note that the condensor of the compressor unit for sliding door refrigerator in kitchem was not touched and is covered by grease. Yours truly, Daniel Karpen P. C 7 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 r. (516)427-0723 September 27, 1994 G 1 Richard Held RCS Duct & Coil Cleaning 380 Florida Avenue E Copaigue, N. Y. 11726 Dear Mr. Held: RE: SOUTHOLD TOWN HALL a I performed an inspection of the fan coil units at the !'! Town Hall today. I` i There is additional work necessary. Please be advised that the condensate drip pan under the controls needs cleaning. Please be advised that the felt strip at the top of the coils on all fan coil units need to be cleaned. Please be advised that the wrong size filter was installed in the fan coil unit behind Lauren Grant's desk in the supervisor's office; it should be 8 x 32 not 8 x 28. r When the units are properly cleaned, there should be no smell whatsoever whenever the fan is turned on. I realize that the systems have not been taken care of in the past. Please complete the work Thursday night as we discussed on the phone this afternoon. t Yo s truly, Daniel Karp n cc: Town Clerk 1 ISSUE DATE(MM/DD/YY) I` CERTIFICATE ORNSURANCE9/20/94 r PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND k E- CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE , The Burr Agency, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1 Ray Place POLICIES BELOW. Northport, N.Y. 11768 COMPANIES AFFORDING COVERAGE COMPANY A Excelsior Insurance Company LETTER y COMPANY B INSURED LETTER Kenneth C. McRobb DBA COMPANY Efficiency Contractor LETTER C 104 Middleville Road COMPANY Northport* N.Y. 11768 LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, f EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY BODILY INJURY OCC. $ A X COMPREHENSIVE FORM CCP 4043191 1/23/94 1/23/95 BODILY INJURY AGG. $ X PREMISES/OPERATIONS PROPERTY DAMAGE OCC. $ UNDERGROUND PROPERTY DAMAGE AGG. $ EXPLOSION&COLLAPSE HAZARD X PRODUCTS/COMPLETED OPER. BI&PD COMBINED OCC. $ 19UUu,UUv 4 X CONTRACTUAL BI&PD COMBINED AGG. $ 1,000*000 X INDEPENDENT CONTRACTORS PERSONAL INJURY AGG. $ X BROAD FORM PROPERTY DAMAGE . PERSONAL INJURY t AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO /J (Per person) $ ALL OWNED AUTOS(Priv.Pass. BODILY INJURY $ 6 Other Than _ (Per accident) j ALL OWNED AUTOS( Priv.Pass. ) I HIRED AUTOS 1 PROPERTY DAMAGE $ 1 NON-OWNED AUTOS j GARAGE LIABILITY BODILY INJURY& PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM _ - WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ _ FFO �o��SU �K�oGy JUDITH T.TERRYo < Town Hall,53095 Main Road TOWN CLERK W P.O. Box 1179 REGISTRAR OF VITAL STATISTICS y Southold,New York 11971 MARRIAGE OFFICER O � �� Fax(516)765-1823 RECORDS MANAGEMENT OFFICER ( `�►aO Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21 , 1994 Kenneth Mc Robb, President Efficiency Contractor 104 Middleville Road Northport, New York 11768 Dear Mr. McRobb: Returned herewith is the executed contract for the Acoustical Tie Restoration at Southold Town Police Headquarters. As soon as I receive you Certificate of Insurance I will return your $999.15 bid check. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure t H v7 A M E R I C A N I NT I T U T E O F A C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 3rd day of August in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: Town of Southold (Name and address) 53095 Main Road Southold, New York 11971 and the Contractor: Efficiency Contractor (Name and address) 104 Middleville Road Northport, NY 11768 The Project is: Acoustical Tile Restoration (Name and location) Police Department Headquarters Main Road Peconic, NY 11958 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, NY 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 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 prosecution. AIA 00CUMENT A101 •OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION• AIA* • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocoovinq violates U.S.copvright laws and is subidct to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Acoustical Tile Restoration at the Police Department Headquarters pursuant to the proposal submitted onMay 31 , 1994 and the specifications dated May 16, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date mill be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the tir-hely filing of mortgages,mechartic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) subject to adjustments of this Contract Time as provided in the Contract Documents. (insert provisions, if any,for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seven Thousand Nine Hundred Ninety Eight----------------------------- Dollars �E &998.00 ), suject to additions and deductions as provided in the Con- tract cuments. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates./f decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is tialid.) 4.3 Unit prices, if any, are as follows: Police Department Headquarters Acoustical Tile Restoration $7,998.00 AIA DOCUMENT A101 -OWNER-CONTRACTOR AGREEMENT-TWELFTH EDITION-AIAa - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Upon completion of all work. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent ( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.0 Reduction or limitation of retainage, if any, shall be as follows: (q it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 above, and this is not explained elseu bere in the Contract Documents, insert here provisions for sucb reduction or limitation.) AIA DOCU110ENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1957 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shail be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment�-eF-2t-156titms: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act,similar state andlocal consumer credit laws and otber regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated May 16, 1994. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Fither list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 6 WARNING-.Unlicensed nhotoconvino violates U.S.coovriaht laws and is sublect to Waal orosecutlon. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Dratrings bere or refer to an exhibit attacbed to this Agreement.) Number Title Date 9.1.6 The addenda, if any, are as follows: Number Date Pages Portiotas of addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUj1AENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA* • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 1 � • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents wbich are intended to form part of the Contract Documents.The General Conditions provide that bidding requirements such as advertisement or Invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They sbould be listed bene only if to be part of the Contract Documents.) Bid proposal dated May 31 , 1994. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivere the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. CONTRACTOR OWNER (Signature) 'Signature) Thomas H Wickham, Supervisor Kenneth McRobb, President (Printed name and title) (Printed name and title) 1 1 CAUTION) You should sign an °i ngot be obscured as may occur when documal AIA document which has this ent are reproduced. ® on printed In red. An original assures that changes AIA pOCSIMENT A101 • OWNER CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1987 Alo1_1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 wewuwG-Unlicensed ahotocopying violates U.S.copyright laws and is subject to legal prosecution. LIC. # HUNT. L1407 \ / SUFFOLK 4918-HI NASSAU H1842780000 EFFICIENCY CONTRACTOR 104 MIDDLEVILLE ROAD NORTHPORT OFFICE(516)757-8822 NORTHPORT, NY 11768 SYOSSET OFFICE (516) 496-2170 /m �`. �i c � v" ✓ C v4 o /� PS o � CA 'c e O vdf 3 �� VVC V gtjFFO(/-�oG JUDITH T.TERRYo� y� Town Hall,53095 Main Road TOWN CLERK co P.O.Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER /fJ Fax(516)765-1823 RECORDS MANAGEMENT OFFICER �� `1j►a Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 12, 1994 Paul J. Avenoso, President Avey Electric, Inc. P.O. Box 1429 Patchogue, New York 11772 Dear Mr. Avenoso: I am in receipt of the required Performance Bonds and Certificates of Insurance with regard to the electrical contracts for Town Hall, Police Headquarters and Human Resource Center, therefore, I am returning herewith your $10,000 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure Bond #000716-C BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we APVEEY Elec1429 Inc. .O. BoxPatchogue, NY 11772 as Principal, hereinafter called the Principal, and Contractors Casualty & Surety Company 1911 Richmond Avenue Staten Island, NY 10314 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 Southold Town Board as Obligee, hereinafter called the Obligee, in the sum of Five Percent of, the Amount Bid Not to Exceed $10,000. Dollars ($ 10,000. ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Energy Conservation Improvements Town Hall, Police Station, Human Resources Center NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal :hail enter into a Contract with the Obliand sufficient gee In accord- ance with the terms of such bid, and give such bond or bonds as may be spaymentiofthe labo and material furnished in the Prostract Documents with ecu ion thereof, o surety for the faithful performance of such Contract and for the prompt pay in the event of the failure of the Principal to enter suct►Contract and give such bond or bonds, if the Principal shall pa ro the Oblima gee the i - ference not to exceed the penalty 1hereof f between Work tmo Bred a isaeldd ibid�then ld ithis obligatioand such n shall be null er amount rand avoid, othelrwi e ro remain in faith contract with another Party per full force and effect. Signed and sealed this 3rd day of June 19 94 AVER E1 ctric In . i ) (Seal) (witness) (Title) Contractors Casualty & Surety Company (Surety) (Seal) (witness) Gerech (Title)Attorney-In-Fact Joyc A. Revised to February,1970 S8 5714b Printed in U.S.A. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION ' STATE OF )e u COUNTY OF Sit- l� s s: On this day of �'TGQ. rl�- l.9_7 Z/ before me personally came Pa a AV to me known, who, being by me duly duly sworn diad depose and say that he resides at OL631 20 " that he is thePof the corporation described in and which executed the fore oing instrument; that he knows the seal of said corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was an affixed by order of the board of directors of said corporation; and that he si ned his name thereto by like order. RICA MENDRINA Notary Public NO RY PUBLIC, State of New Yak Plk 4119MI Suffolk CQun It* Exp m Aust 31. 19 State of New York County of Suffolk ss: On this 3rd day of June 19 94 before me a� V y personally came Joyce A. Gerech to me known, who, being by me y duly sworn, did depose and say that he is an attorney-in-fact of $4 :t Contractors Casualty & Surety Company the corporation described MA in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the 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. JANET SFORZO NOTARY PUBLIC,Stant of New York No.4643523 Oualiifsed in Suffolk Coun. Commission Expires August�/ My commission expires tary Public i Power#41001-N? 00589 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000716-C 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 ROBERT M.KEMPNER and JOYCE A.GERECH-------------------------------- of VANGUARD COVERAGE CORP.,HICKSVILLE,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$500,000.00. Such surety bonds,undertakings and instruments for said purpose,when duly executed by the aforesaid Attorney-in- Fact, shall be binding upon Contractors Casualty and Surety Company as fully and to the same extent-as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in- Fact,pursuant to the authority hereby given,are hereby ratified and confirmed. This appointment is made pursuant to the following$y-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, rec:ognizances, stipulations, consents of surety and underwriting undertakings of the Corporation,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereun- der,shall be signed in the name of and on behalf of the Corporation: (a) by the President or a vee President; of(b) by any Attorney-in-Fact for the Corporation appointed and authorized by the P eddent ac a. e Prat to make such signatre uprovided that any such delegation of power be limited to routine mateers;or(Vicc)by such other officers ormposentatives as the Board of Direcm may from time to time determine.The seal of the,Corporation shell,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 . 19-9.2,., CONTRACTORS CASUALTY AND SURETY COMPANY vP�T Y AHO vwORpO�4T�G� 0 SEAL `"-i Robert w Adler,Sr.,President 1991 vb�2FW YOQ��° `�q/03 Pow=in=W W iflast fiw number in sWff kft cmmr am woe in RID. STATE OF NEW YORK ss. COUNTY OF RICHMOND On this 12th day of November , 19_22-,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 o1 New York No.43-4958057 — 0millea in RIcnmona County Notary Public commission Expires September 11,1993 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 attorney-in-fact as provided in Article XII,Section 5,of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authofity 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, 992."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 have hereunto set may hand and affixed the corporate seal of the Company to these pre- sent this 3rd day of .Tune (Seal) vP�T Y AHO 0 srG ��-�• c SEAL Helen H.Adler,Secretary v y 1991 �� < 66�Fry Y p dao 00 .tiN CONTRACTORS CASUALTY AND SURETY COMPANY Home Office: Staten Island, New York Financial Statement - December 31, 1993 Assets Stocks and Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 814,426 Cash and Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838.624 Premium Balances (under 60 days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130,961 Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,586 Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93.657 Total Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.887.254 Liabilities Reserve for unearned premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 188.638 Claim reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184,000 Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197.884 Total Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 570,522 Capital and Surplus Capital Paid-in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.000,000 Surplus . . . . . . . . . . . . . . . . . . . . . . . 316.732 Total Policyholders' Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,316.732 Total Liabilities, Capital & Surplus . . . . . . . . . . . . . . . . . . . . . . $1.887,254 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 , 1993. IN WITNESS WHEREOF. I have signed this statement at Staten Island, New York, this first (1st) day of April , 1994. Robert W. Adler, Sr. . President • KATE OF INSURANCE I Vanguard Coverage Corp. NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE ROBS NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hicksville, MY Street ----------------------------------------- 39 - - -------- COMPANIES AFFORDING COVERAGE 11801 PHOME516-937-6200 - - ------------------------------------------------ ------------------------------------ -- -------------"-"-"------------------- ------------- CONPARY LETTER A---CNA INSURANCE COMPANIES INSURED - - - --------------------------------------------- - --------------------- - -- - COMPANY LETTER B STATE INSURANCE FUND - --------------------------------------- AVEY ELECTRIC INC- COMPANY LETTER C P.O. BOB 1429 - ------------------------------------------------------------------------- PATCHOGUE, NY COMPANY LETTER D 1 1 7 7 2 -------------------------------------------------------------------------- COMPANY LETTER ETR -- - --- E POLICY > COVERAGES <________________________________________ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTEDTBELORM ORHCONDITAVE IONIOFUANYTCONTRACT SOREOTHER EDOCUMENTYWITH HRESPECT TO PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, THE WHICH THIS CERTIFICATE AND CONDITIONSOOFMSUCHEPOLICIESIELIKITSASHOVE RCE FMAYDHAVE YBill REDOCEDSBYEPAID CLAIMS gIN IS SUBJECTTO ALL TERMS, EXCLUSIONS, ____________________ ----------------------------- -Cp_______-TYPE OF INSURANCEPOLICYNUMBER POLICY EFF POLICY ZIP ALL LIMITS IN THOUSANDS DATE DATE LTR ---------- ------------- -------------- -GENERAL-------------------------------- ---------------------------- - GENERAL AGGREGATE 2000 GENERAL LIABILITY -------------------" -- A129132356 3/14/94 3/14/95 -PRODS_- --- A OPS-AGG_- -_1000 �] COMMERCIA1 HE LIABILITY PERS. & ADVG. INJURY 1000 [ ] [ ] CLAIMS MADE PE] OCC. -1 00--- --------------------- - EACH OCCURRENCE 1 000 [ ] OWNER'S & CONTRACTORS --------------------- 50 PROTECTIVE FIRE DAMAGE (ANY ONE FIRE) - - [ ] MEDICAL EXPENSE [ ] (ANY ONE PERSON) ------------- -------------- - ------------------- - --- -------------------------------- ---------------------------- - CSL 1 000 AUTOMOBILE LIAB ----------- ---------- A ANY AUTO A129132373 3/14/94 3/14/95 (ODIL INJU)Y _ _ % ALL OWNED AUTOS -"-- SCHEDULED AUTOS BODILY INJURY HIRED AUTOS (PER ACCIDENT) NON-OWNED AUTOS --------------------- ----------- GARAGE LIABILITY PROPERTY ------------- -------------- -------------- ---------------------------- - ------ ---------- ---- --------------- --- -- ---- - AGGREGATE - - EACH OCC EXCESS LIABILITY TO BE ASSIGNED 8/10/94 3/14/95 12000 2000 A UMBRELLA FORM OTHER THAN UMBRELLA FORM -------------- --------------------------------- --------- ---------- ---------'"__"_------ - ----- --------------------- ------ -------------- STATUTORY B WORKERS' COMP 8225088 --- ----- ----------------- - 4/17/94 4/17/95 1000 EACH ACC 1 000 DISEASE-POLICY LIMIT AND1000 DISEASE-EACH EMPLOYEE EMPLOYERS' LIAB -------------- --------------------------------- OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ENERGY CONSERVATION CENTERPROJECT AT SOUTHOLD TOWN HALL, POLICE HEADQUARTERS, AND HUMAN ____________________> CANCELLATION <__________________________________________________________ > CERTIFICATE HOLDER <___________ = SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%- THE ISSUING COMPANY WILL ENDEAVOR TO HAIL 60 OFFICE OF THE TOWN CLERK, TOWN_ DAQSTWRITTENION ENOTICEOTO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT OF SOUTHOLD TOWN HALL 53095 MAINNYOAD, P.O. BOX 1179= FAILURE TUPOAMAIL SSUCH NOTICE ISHATS LL N OOR RBPRBSEGTATIVESR L BI ITY OF_ SOUTHOLD, _ - -- 1 1 9 7 1 = AUTHORIZED REPRESENTATIVE ACORD 25-S 3/88 _ G THE AMERICAN INSTITUTE OF ARCHITECTS E i p" Bond #000995 6 AIA Document A311 i 1 I Performance Bond • P I I i i i= KNOW ALL MEN BY THESE PRESENI-S: that Avey Electric, Inc. I Illere insert full name and address or legal title of Contractor) j P.O. Box 1429 4f Patchogue, NY 11772 as Principal, hereinafter called Contractor, and, Contractors Casualty & Surety Company E (Here insert full name and address or legal title of Surety► 1911 Richmond Avenue Staten Island, NY 10314 as Sorely, hereinafter called Surety, are held and firmly bound unto Town'6 - outhold Iffere insert full name and address or legal title of Owner) 53095 Main Rd. Southold, NY 11971 as Obligee, hereinafter called Owner, in the amount of Thirty thousand seven hundred twenty and no cents Dollars (E 30,720.00 l� E for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I l WHEREAS, (7nnt►aetor has by written a reement elated g August 23, 19 94 entered into a contract with Owner for ►here insert full name, address and desreipthno of pmjeril Electrical and related work at Town Hall Police Dept. Headquarters Human Resource Center f in accordance with Drawings and Specifications prepared by Daniel Karpen, Professional Engineer Iffere insert full nm4 d rid rest or legal 1,11s,of Architect) 3 Harbor i brave Huntington, NY 11743 which conitact is by reference made a part hereof, and k hereinafter referred to aq the Contract. AIA t7QfUMEN1 A)II �' I'iRt(thvIf Rna) A':It L�R( AIA tR Ay/) !1•\TI RI At VAY•.IfNI R(t111 @4 1fRR11ARY 1Tn (I) 11 f► AttIPU Av 1•�t►1II'If I11 AR(IfI1ff It, I-I; v 1' •s\1 !�t� N A�Itivt.lt W Is r Nnf% 1 WAfiNING:Unlicensed photocopying violates U.S.copyright laves and Is suW-ci to legal prosecution. • POrORMANCEBOND NOW, t►trofrORt, lift CONpiTI" Or Tiffs 0"f icAlION is such that, If (onlrarlor shall rrorttplly and faithfully perform said Contract, then this obligation shaft he null and void; Otherwise it shall remain in (tilt force and effect the Surety hereby waives ncilice of any alteration or default, under the Contract or ront►ach of completion extenslon of time made by the Owner. arranged tender this pat-Irt tphl sufficient hinds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the halano a of the contract price; In be In default under the Contract, the Owner having but not ex(eeding, inriudinp, other costs and damages performed Owner's obligations thereunder, the Surety lot %,hick the Ctrrety fila/ he liable hereunder, the amount may promptly remedy the default, or shall promptly set forin thr (nst rarap,aph hereof, the term "balance of the contract price," as used in this paragraph, shall tl Complete the Contract in accordance with its terms mean the total amount payable by Ovvner to Conhactor and conditions, or under the Confrart and anv amendments fheretn, less 2) obtain ! bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with its terms and conditions, and upon de- Any suit tinder flak honrl _must he irloituled before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which Or, if the Owner elects, Upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest ►ecponsitile No right of artion shall art rite on this bond to or for bidder, tr►ange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work prog►ecses (even Owner named heo•in or the heirs, executors, admini,- though there should be a default at a st►ccession of frators or successors of the Owner. Signed and sealed this 30th day of August 19 94 Avey Electric, Inc. • 1`rrnt q,�— Ar.rlt r Wiine„► 1rNer �� Contractors Casualty & Surety Company f Sort It 1 Isiah ,U Joyc A. Gerech conch, t Attorney—In—Fact AIA DOCk"HI Atli t•tRiORMANCt BOND AND tAIOR ANO MAIER1Af rAVMENt FON(t • A#A f[IIRtJ/lgy t92E1 tb.•t/tt AMtRK AN INSTITUTE Of ARCH11ECV;, 17)S N Y.AVE,N.W.,WASiHN(;1ctT1,f). C. gra* 2 1MIArh*M:UnRetinsed pholocoWng trioistes U.S.copyright tows snd N subject to(east prosecution. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF ) �� COUNTY OF ss: On this day of 19 before me personally came iQ Atl-e,A(6 to me known, who, being by me duly sworn did depose and say that he resides at that he is the of E r1,0 r�L the corporation described in and which executed the fo egoing instrument; that he knows the seal of said corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was an affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. Notary Public RITA MENDRINA NOTARY PUBLIC, State of New York No. 4779200, Suffolk Cout Term Expires August 31, 19 -S State of New York County of Suffolk ss: On this 30th day of August 19 94 , before me r. personally came Joyce A. Gerech to me known, who, being by me 00 duly sworn, did depose and say that he is an attorney-in-fact of �+ 3 W Contractors Casualty & Surety Company the corporation described in and which executed the within instrument; that he, knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the 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. JANET SFORZO NOTARY PUBLIC,State of New York No.4543523 Qualified in Suffolk Coun My commission expire PommissionExpires Au®ust� L/ Notary Public Power#4fbo1-W 00740 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000995 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 ROBERT M. KEMPNER and JOYCE A. GERECH-------------------------------- of VANGUARD COVERAGE CORP.,HICKSVILLE,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$500,000.00. Such surety bonds, undertakings and instruments for said purpose, when duly executed by the aforesaid Attomey-in- Fact, shall be binding upon Contractors Casualty and Surety Company as fully and to the same extent,as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attomey-in- Fact,pursuant to the authority hereby given,are hereby ratified and confirmed This appointment is made pursuant to the following$y-Laws which were duly adopted by the Board of Directors of Contractors Casualty and Surety Company on April 25, 1991 and are still in full force and effect: ARTICLE XII, SECTION 5: "POLICIES, BONDS, RECOGNIZANCES, STIPULATIONS, CONSENTS OF SURETY,UNDERWRITING UNDERTAKINGS AND INSTRUMENTS RELATING THERETO. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereun- der, shall be signed in the name of and on behalf of the Corporation: (a) by the President or a Vice President; of (b) by any Attorney-in-Fact for the 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 qN0 ciOQ1P Oqq�,sGR+ 0 0000 SEAL -a Robert W. Adler, Sr.,President 1991 v6byF� Y 000 Powers invalid}'last five nwnbers in upper kJt corner an not in RED. STATE OF NEW YORK ss. COUNTY OF RICHMOND On this 12th day of November _, 19 92 , 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.MULAOONEY NOTARY PUBLIC,State of New York No.43-4958057 ouaiieed in Richmond count' Notary Public Commission Expires September 11,1993 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 attorney-in-fact as provided in Article XII,Section 5,of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect to any bond, undertaking, recognizance or other instrument of similar nature, with like effect as if such signature and such seal had been manually made and affixed." IN WITNESS WEREOF, I have hereunto set may hand and affixed the corporate seal of the Company to these pre- sent this 30th day of August 19 94 (Seal) SJp•�T Y AA/ , vPVORp0R9�� SEAL Helen H. Adler,Secretary cc 1991 ve ALF Q`� o IN YO y> CONTRACTORS CASUALTY AND SURETY COMPANY Home Office: Staten Island. New York Financial Statement - December 31, 1993 Assets Stocks and Bonds S 814,426 Cash and Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838,624 Premium Balances (under 60 days) 130,961 Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,586 Other Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93.657 Total Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 7 Liabilities Reserve for unearned premiums . . . . . . . . . . . . . . . . . . . . . 5 188,638 Claim reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184,000 Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197.884 Total Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S Capital and Surplus s Capital Paid-in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316.732 Total Policyholders Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Liabilities, Capital & Surplus . . . . . . . . . . . . . . . . . . . . . . $1,887i254 State of New York County of Richmond ss: 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. 1993. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this first (1st) day of April . 1994. Robert W. Adler", Sr. , President TIIE AMERICAN INSTITUTE Or ARCI II VEC1-S Bond X6000995 AIA Document A111 Labor and Material Payment Bond 1111S POND IS Iswrn slh1lltf.AP4(01J'zlv wlnl rMORMAN(,E DOND IN FAVOR OF IM OWNFR CIINnItlrlWD I'M lift FUII AN[) F.41tllFtlt rTRf(tRM4NC1 OF tilt CONTRACT KNOW ALL MEN BY TlJFSF f RFSFNIS: that Avey Electric, Inc. lHere inters full name not ad(rrtt or leral title of Contaaciml P.O. Box 1429 Patchogue, NY 11772 as Principal, hereinafter called Principal, and, Contractors Casualty & Surety Company Were inters lull name and addrett or leral title of Surely) 1911 Richmond Avenue Staten Island, NY 10314 as Surety, hereinafter called Surety, are held and firmly bound unto Town of Southold Were intett lull name andaddrrss or feral tale of Owner) 53095 Main Rd. Southold, NY 11971 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinhelow defined, in the amount of Thirty thousand seven hundred twenty and no cents (Here insert • sum equal to at least one hall nl the, contract price) Dollars (Dtt 30,720.00 for the payment whereof Principal and Surety hind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated August 23, 19 94 entered into a contract with Owner for (Here Insert full name, address and descriplion of prnlect► Electrical and related work at Town Hall Police Dept. Headquarters Human Resource Center in accordance with Drawings and Specifications prepared by Daniel Karpen, Professional Engineer tHere inset full name and addrets or leral title of Architect) 3 Harbor Hill Drive Huntington, NY 11743 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA Oa1CUMENI 11311 t 8055 AN5 1ABOR AND M^TERIAI r.AVMtNI BONO - A!A lel FEBRUARY 1970 10 •lilt AhIERICAN INSTItU1t ()► ARCIflftC1S, 17)S N.v AVt ,N W,WASIIINCI(1N,n 47. 2n(106 3 WA1MN(1!Unllcented pholocopying vinletew U.R,copyright Imre ems is et"ect to It"#pm"et sten. f LABOR An_, MATERIAL PAYMENT B ND NOW, TI IfRfr(lpf, I#If CO"a( III(IN (it Tim (tptl(;Nti—) is co(h 111,11, if rtincip,11 shall promptly make payment to all = cl,tirnants as Fterrinafler defined, for all labor and rnatprial ucrrl or re,1,nn,1hly rrrluirrd for use in file performance of the Contract, thrn this oblig,11ion 01,111 he chid; nittrr"icr it 01,111 rem,1in in 11111 force,Ind effect, ctilijert,however, to Ibe fol- lowing conditions- 1. A claim,1nl is definrd ac tine Iva%ing a dirr(1 (nn ar(utary file arnount cl,1imrd and flip name of the party tract with the rrincipal nr with a Suhrontrarlor (if the to %%Mont file ntalerialc ssrre furnished, or for whom Principal for labor, material, or ftnth, acrd or rracnnAlly the work or labor "ac done or perforined Such notice rer)vired for lisp in the perfortnaor a of file (ontra(f, dial) hr crrvrrl by rnailinr the came by registered mail labor and material being ronortird to inctndr 111,11 raft of or (prlified mail, postare prepaid, in in envelope ad- water, gas, power, light, brat. nil. Facnlior, trlrl.hmtr drrcdt•rl tet the Prim ip,1l, (hvnrr or Surely, at any place servire or rental of rniiipntent directly applir ilile In the where an offi(r is regularly maintained for the trans- i Contract. ar lion of btrsinrcc, or served in any manner in which Ir-gal procrcc may be served in the slate in which 'the 2 The above named Prin(ipal and Scrrrly hrwhy afore-,1id proircl is localyd, cave that curb service need jointly and spve►ally agree wilh flip Owner that ecrry not he made by a public officer. claimant as herrin defined, sshn hat not been p,1irl in h) After the expi►alion of one (1) year following the full before the expiration of a prrind of ninrly (11h) d.Ite ort whi(h rrincipal reared Wnik on said Contract, days after the (late on whirh the last of curb (hint,1nt c it bring undrr000d, bcnvever, that if any limitation em- work or labor wap done or performed, lir romrri,tls wrip hodrrd in tltic bond is prohibited by any law controlling furnished by tach claimant. may cur on this bond for the conclntrtion hereof such limitation shall he deemed the uce of such claimant, prosecute the coil In fin,1l to be antrndrd so ,1s to he r(lual to the minimum period �- judgment for such sum or corn- is may fir, illoly rife of limitation permitted by such law. i claimant, and have exemption therron The ()\oner ch,1ll r not he liable for the payment of any rncic lir rxprn0rc c l Other than in a state courl of competent iuricdiction in and for lite countY or other p olili(al subdivision of F lir any such suit. flip ;f,1lr, in which the Project, or any part thereof, is 1 No suit lir action shall he cnntnienred hereunder silnated, or in Ilse United States f)ictrict Court for the fi district in which the Project, or any part thereof, is sit-' by any claimant uated, and not elsewhere a) Unless claimant, other thin one having a direr f ronlract with the Principal, stall have givrn ssritlro A. The ,1rttou►tt of this bond -fall be rrdured by and notice In any two of file following the rrint ip,11, the In the extent of any paynirnf or payrnentc made in good Ch%•ner, nr the Surety ahnvr natned, within ninety tqO) faith hereunder, inclusivr of the payment by Surety of day- after such claimant did or performed the last of ntp(banirc' liras which stay he filed of record against the work lir labor, or furnished flip Iasi of flip rt>11eriits paid irnpro%emrnl, whether or not claim for flip amount for which paid Claim is madr, stating with cuh0tantial of such lien 1e per-ented under and against this bond. Signed and coaled this 30th (lay of August 19 94 f Avey Electric, Inc. E I inn raptors-_c 3ualty__& Surety- Company (Stiff-IV r (coati /yYrfrrr�.r v/`. o�erech ---rTr(rr)Attorne —In—Fact J y y AIA DOCUMENT A111 PIRIORMAN(f R(1N1) AN[) (nRON AND nlAI(RIAI PAW11`41 RUNG • AIA M ►(RRtIARY 191(1 fl) • THE A411R1( 4N IN,1111r1( Of AR(IMF( It, 171,N Y A\,'f . NW,WA4IIN(,ION, 1) ( 119vt(, WARNING:Unllcensed photocopying vinlales U.S.copyrlghl laws and Ie suhleet to legal prnsecutlon. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF ('CAJ YO COUNTY OF S J{P( A (L ss On this 3D day of �u 9 u5� , 192L, before me personally came All-ex(Iso to me known, who, being by me duly sworn did depose and say that he resides at that he is the �j`e.S��,�X� of ,^ e the corporation described in and which executed the for going instrumen ; that he knows the seal of said corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was an affixed by order of the board of directors of said corporation;' and that he signed his name thereto by like order. Notary Public RITA MENORINA NOTARY PUBLIC, State of New York No. 4779200, Suffolk Cou Term Expires August 31, 19 State of New York County of Suffolk ss: On this 30th day of August 19 94 , before me 4J personally came Joyce A. Gerech to me known, who, being by me 00 Q) duly sworn, did depose and say that he is an attorney-in-fact of W 1 0 Contractors Casualty & Surety Company the corporation described in and which executed the within instrument; that he' knows the corporate seal of 6 said corporation; that the seal affixed to the within instrument is such corporate seal, and that he 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. JANET SFORZO NOTARY PUBLIC,State of New York No.4643823 ��� Oualifcud in Suffolk Coun My commission expires Commission 5xpires August Notary Public Power#41001- 0 N . 00741 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000995 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 ROBERT M. KEMPNER and JOYCE A. GERECH-------------------------------- of VANGUARD COVERAGE CORP.,HICKSVILLE,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 Attomey-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 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. Y ANS CONTRACTORS CASUALTY AND SURETY COMPANY POIgq�,sGm rr SEAL F -i O 1991 Robert W. Adler, Sr.,President ��0 �``�a Powers invalid if last five numbers in upper kJt coeur an not in RED. STATE OF NEW YORK ss. COUNTY OF RICHMOND On this 12th day of November , 19-2-2 , 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,Staba of New York Ar No.4341896057 Qualified in Richmond County Notary Public Commission Expires September 11,1993 CERTIFICATE I, the undersigned Secretary of CONTRACTOR'S 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 ford 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 attorney-in-fact as provided in Article XII,Section 5,of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect to any bond, undertaking, recognizance or other instrument of similar nature, with like effect as if such signature and such seal had been manually made and affixed" IN WITNESS WEREOF, I have hereunto set may hand.and affixed the corporate seal of the Company to these pre- sent this 'Ant-h day of e„�,,,� r _ , 19-2L. (Seal) SJp,�T Y ANOs �v cPvO�p0��FG9 SEAL Helen H. Adler, Secretary v 2 1991 6d�Fw Y�aa�o 030�r1 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office: Staten Island. New York Financial Statement - December 31 , 1993 Assets Stocks and Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 814,426 Cash and Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838,624 Premium Balances (under 60 days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130,961 Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,586 OtherAssets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93.657 Total Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 .887.254 Liabilities Reserve for unearned premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 188.638 Claim reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184,000 Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197.884 Total Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 570,522 Capital and Surplus Capital Paid-in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.000 Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316.732 Total Policyholders ' Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 3$ Total Liabilities, Capital & Surplus . . . . . . . . . . . . . . . . . . . . . . $1,8�_87�254 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 , 1993. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this first (1st) day of April , 1994. Robert W. Adler, Sr. , President DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 September 2 , 1994 Judith Terry REUNED Town Clerk �r Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Southolc4 Town Clerk Dear Judith: RE: ENERGY CONSERVATION PROGRAM I would like to meet with Supervisor Tom Wickham on Friday September 9 , 1994 sometime between 2 P . M. and 4 P. M. at his convenience. At that time, I would like to sign off on certificates of completion for the new air conditioning and heating system at the Human Resources Center, and take him on a tour of the facility so he can see what is being done. He might want to bring along other guests , and if he desires , the press and photographers for a "LILCO bill cutting" ceremony. RCS Duct and Coil Cleaning should be done with Town Hall at that time, and if that work is done, it can be signed off as well. Yours truly, Daniel Karp 0 0 7�9 7;4 DANIEL KA.RPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 August 26 , 1994 RCS Duct Cleaning OWF1VOM 380 Florida Avenue Copauge, N. Y. 11728 AU6 ? 19_'4 Dear Richard: Southold Town Clerk RE: TOWN OF SOUTHOLD Please find enclosed a Notice To Proceed for the above work. Top Priority is Town Hall. I am enclosing a copy of the schedule for September. It will be filled up with more meetings as the month goes on. Please work around this schedule. Yours trul ; , Daniel e cc: Town of Southold • NOTICE TO PROCEED Dated A„gt,.t 9Q , 1 9 9 4 19 . TO: -RCRS-Thict & .o-i_1:_r] P'g ir1g Tnr (CONTRACTOR) ADDRESS: 380 Florida Av mtP Copaigue, N. Y. 11726 OWNER'S PROJECT NO. PROJECT Duct and Coil Cleaning OWNER'S CONTRACT NO. CONTRACT FOR Duct and Coil Cleaning (insert name of Contract as it appears in the Bidding Documents) You are notified that the Contract Time under the above contract will commence to run on Sentemher 1 . 1994, 19—. By that date, you are to start performing your obli- gations under the Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and Final Completion are NnvPmhPr 10 - 1 994 19_and , 19—, respectively. Before you may start any Work at the site, paragraph 2.7 of the General Conditions F provides that you and Owner must each deliver to the other(with copies to ENGINEER) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must (add other requirements) Town Hall : (Priority) Contact Judith Terry to schedule work. Human Resources Center: Contact Venetia to schedule work. Police Station: Contact Police Chief to schedule work. Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) (OWNER) By (A RIM IGNATURE) EJCDC 1910-23(1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. r; • H E A M E R I C A N N S T I T U T E 0 F 0 A40 C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference, Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 10th day of August in the year of Nineteen Hundred and N i nety Four BETWEEN the Owner: Town of Southold (Name and address) Main Road Southold, NY 11971 and the Contractor: RCS Air Duct Cleaning, Inc. (Name and address) 380 Florida Avenue Copiaque, NY 11726 The Project is: Air Duct Cleaning (Name and location) Human Resources Center Pacific Street Mattituck, NY 11952 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, NY 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 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 prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Duct Cleaning of the Human Resources Center in Mattituck, pursuant to the proposal submitted on June 3, 1994 and amended price submitted on August 4, 1994 and the specifications dated May 16, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date u,ill be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days. (Insert the calendar date or number of calendar days after the dale of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if airy,for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Thousand Eight Hundred Dollars ($ 1 ,800.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date until which that amount is tialid.) 4.3 Unit prices, if any, are as follows: Human Resources Center $1 ,800.00 AIA DOCUMENT Al 01 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Upon completion of the duct cleaning. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and he prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (/f it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.G./and 5.6.2 above,and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2o006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any, which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Trulh in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business,the location of the Project and eisewi7ere may affect the validity of tris provision.Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated May 16, 1994. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the.Specifi(ations here or refer to an exhibit allm bed to this Agreement,) Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 A101-1987 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20000 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • 16 • 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Hither List the Draudngs here or refer to an exhibit attached to this Agreement.) Number Title Date 9.1.6 The addenda, if any, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT- TWELFTH EDITION - AIA° - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20(X)6 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents wbicb are intended to form part of the Contract Documents, The General Conditions provide that bidding requirements sucb as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They sbould be listed here only if intended to be part of the Contract Documents) Bid proposal dated June 2, 1994 and amended August 4, 1994. This Agreement is en ed into as of the day and year first written above and is executed in at least three original copies of which one is to be deliver t the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER CONTRACTOR �A, 6 a, w k 7.4�6 (Signature) (Signature) Thomas H. Wickham, Supervisor Richard Held, President (Printed name and title) (Printed name and title) 1 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 documents are reproduced. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ULA, Town Hall, 53095 Main Road JUDITH T. TERRY = ', f7 P.O. Box 1 179 TOWN CLERK io Southold, New York 11971 I*'GlsrluAR OF VITAL STA11STICS Fax (516) 765-1823 MARRIAGE OFFICER '.>�i' ` Telephone (5 16) 765-1801 RECORDS MANAGEMENT OFFICER `<� <✓ # •. ! IEEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK 'roWN OF S011T 1oi_.D August 17, 1994 Kenneth McRobb, President Efficiency Contractor 104 Middleville Road Northport, New York 11768 Dear Mr. McRobb: On August 3, 1994 Town Attorney Laury Dowd sent you the contracts for the acoustical tile restoration work at Police Headquarters. She ask you to sign both copies and return one. We have not received that copy. If there is a problem, please do not hesitate to contact us. I am enclosing the requirements for bonds and and insurance as specified in the bid documents. Please have those items sent to me at your earliest convenience. Until we have the bonds, insurance and contract documents I am unable to return your $999. 15 bid check. Very truly yours, t05!�� Judith T. Terry Southold Town Clerk Enclosure ! r �o��Ff OLKcoG JUDITH T. TERRY ►► L Town Hall, 53095 Main Road TOWN CLERK =v T P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER '7O1 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 16, 1994 Richard Held, President RCS Air Duct Cleaning, Inc. 380 Florida Avenue Copiague, New York 11726 Dear Mr. Held: Enclosed is the agreement between the Town of Southold and RCS Air Duct Cleaning, Inc. for the work to be performed at the Human Resource Center, Mattituck. Please sign both copies of the agreement, and return one copy to me in the enclosed self-addressed, stamped envelope. Thank you very much. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures 1 H E A M E R I C A N N S T I T U T E 0 F A R C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 10th day of August in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: Town of Southold (Name and address) Main Road Southold, NY 11971 and the Contractor: RCS Air Duct Cleaning, Inc. (Name and address) 380 Florida Avenue Copiaque, NY 11726 The Project is: Air Duct Cleaning (Name and location) Human Resources Center Pacific Street Mattituck, NY 11952 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, NY 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 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 prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Duct Cleaning of the Human Resources Center in Mattituck, pursuant to the proposal submitted on June 3, 1994 and amended price submitted on August 4, 1994 and the specifications dated May 16, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days. (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating;to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Thousand Eight Hundred Dollars (S 1 ,800.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.if decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: Human Resources Center $1 ,800.00 AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Upon completion of the duct cleaning. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent ( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Pam- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (IJ it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs S.G./and 5.0.1 above, and this is not explained elseu here in the Contract Documents, insert here provisions for such magesiduction or limitation.) AIA DOCUMENT At 01 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury taws and requirements under the Federal Trutb in Lending Act,similar state and local consumer credit laws and otber regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewbere may affect the validity of this provision.Legal advice sbould be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT- TWELFTH EDITION-AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.z000c A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated May 16, 1994. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications bere or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 9.1.6 The addenda, if any, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 7 WARNING:Unlicensed Photocopying violates U.S.copyright laws and is subject to legal prosecution. + 0 9.1.7 Other documents, if any, forming pan of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents.The General Conditions provide that bidding requirements such as advertisement or invitation to bid,instructions to Bidders,sample forms and the Contractor's bid are not part of Contract Documents unless enumerated in this agreement. They should be listed here only ij intended to be part of the Contract Documents.) Bid proposal dated June 2, 1994 and amended August 4, 1994. This Agreement is ent d into as of the day and year first written above and is executed in at least three original copies of which one is to be delivere to he Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER CONTRACTOR 12 (Signature) (Signature) Thomas H. Wickham, Supervisor Richard Held, President (Printed name and title) (Printed name and title) 1 I 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 A101 - OWNER-CONTRACTOR AGREEMENT- TWELFTH EDITION-AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 0 JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 'IF Southold, New York 11971 MARRIAGE OFFICER • O�' Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Q/ ` Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 15, 1994 Paul J. Avenoso, President Avey Electric, Inc. P.O. Box 1429 Patchogue, New York 11935 Dear Mr. Avenoso: Enclosed is the executed contract between the Town of Southold and Avey Electric, Inc. for the Energy Conservation projects at the Southold Town Hall, Police Headquarters, and Human Resource Center. Also enclosed is a copy of the insurance and bond requirements from the bid specifications. Upon submission of the required certificates, your 5% bid bond will be returned to you and arrangements can be made to begin the work. Please send the required insurance and bonds directly to me at the above address. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures 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. i 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain, as required by raining 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 (PCIS) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous j Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and rcport the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in clic 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 qualified personnel. fact the material is asbestos or polychlorinated biphenyl(PCB) and has not peen rendered harmless. The Work in the affected 10.2.5 The Contractor Shall promptly remedy damage and loss area shall he resumed in the absence of asbestos or polvchlori_ (other than damage or loss insured under property insurance Elated biphenyl(PCB), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreemcnt 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 accurd:lnce I.yith final determination by the Architect on ;vhich Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly emploved by any of them, or by anyone Article -I. for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1? and 10.2.1.3, except 10.1.3 The t:ontrac-te)r shall not he required pursuant to Article damage or loss attributable to acts or omissions of the Owner to perti�rm �yilhnut Consent any %Fork relating to ashestos or or Architect or anyone directly or indircctl• employed by pol chlorinated hiphn cvl (11C13). 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 1'u the fullest extent permitted by law, the Owner shall Contractor. The foregoing obligations of the Contractor are in indcn111ify and hold harmless Elie Contractor, Architect, Archi- addition to the Contractor's obligations under Paragraph 3.18. tett S cunsult..Ints and agents and employees of any of them 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 from pertiorm:mce of the\t'ork in the affected area if in fact the Prevention of accidents. This person shall he the Contractor's material is asbestos or polychlorinated hiphcnvl(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 hodih injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death. or a, injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itsclt) including loss of use resulting 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 Ownc•r may be liable, regardless of whether or not such vent threatened daanage, injury or loss. Additional compensa- claim, c an".1gc, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account indcnmified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, ahridgc, 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.IA. ARTICLE-11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11.1 CONTRACTOR'S LIABILITY INSURANCE safety of. and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in -1 employees on the Work and other persons who may ilio jurisdiction in which the Project is located such insurance as he affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be incorpo)- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and 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, sUuctures and utilities not designated for removal, relo- disability benefit:Incl other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed: AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA" •(919H7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W•WASHINGTON.D.C.2011(Xi A201-1987 19 .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 1 1.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner, the I .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 employee's; 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 ert•, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for y injury, death of damages because of bodily unless otherwise provided in the Contract Documents. g 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 -file insurance required by Subparagraph 1 1.1.1 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 he charged to the Owner. If the Contrac- tract Documents or required by lacy, whichever coverage is for is damaged by the failure or neglect of the Owner to pur- greater. Coycrages, 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 hear all reason- from (late of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of anv_ 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 mcnts, 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 b% this minimum deductibles above the amounts so identified or if the Paragraph 11.1 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 tihlc 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 O�yner. 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, in additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11.3.1.4 Unless otherwise for Payment as required by subparagraph 9.10.2. Information provided.in the "Contract Ducu- mCnts,this property insurance shall cover 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 cstablislicd 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 shrill 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 Owner may purchase and maintain other insurance for self- specifically cover such insured objects (luring installation and protection against claims which may arise from operations until finalacceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not he responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this Optional Owner's liability subcontractors in the Work, and alae Uwner and Contractor insurance unless specifically required by the Contract shall he named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's j 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 i 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 lasses clue to tract Sum -.is well :Is 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 fir weary de(luctihies. Such property insurance shall he main- risks other than those described herein or for other special haz- taincd. unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner or o(herwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are 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 ARCHITECT5.1735 NEW YORK AVENUE.N W.WASHINGTON.D.C.2M)6 11.3.5 if during the Project construction period the Owner 11.3.10 The Owncr 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 i 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. j 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 1 1.3.7 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 b} 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 p:anies providing property insurance have consented to such file with the Contractor a copy of each polio that includes partial occupancy or use by endorsement or otherwise. The insurance coverages required by this Paragraph 1 1.3. Each Owner and the Contractor shall take reasonahlc 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. tcn notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.3.7 Waivers of Subrogation. The Owner and Contractor 11.4.1 The Owner shall have the right to.require the Contrac- waive all rights against(I)each other and am- of their subcon- for to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- tractors,sub-Subcontractors.agents and employees,each of the luted 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 entire appearing to damages caused by fire or other perils to the extent cowered by be a potential beneficiary of bunds covering oa- gproper . insucancc obtained pursuant to this Paragraph 11.3 or tions arising under the Contract, ttae Contractor.hall promptly other pruperty insurance applicable to the Work, except such furnish a cope of the bonds or shall permit a cups to be made. rights as they have to proceeds of such insurance held by the Owncr as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate ARTICLE 12 contractors described in Article 6, if anv, and the subcontrac- tors,sub-suhcuntrtctors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agrccmcrits, written where legally required for Validity, similar waivers each in favor of other parties enurn- 12.1 UNCOVERING OF WORK crated herein. The policies shall provide such waivers of subro- 12.1.1 if a portion of the Work is covered contcarw to the gation by endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed in shall he effective as to a person or entity even though that per- talc Contract Documents, it must. if required in " riling by the son or entity would otherwise have a duty of indemnification, Ar(;iitect, 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 j directly or indirectly, and whether or not the person or entity Contract Time. had an insurable interest in the property damaged. i 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 j he adjusted by the Owner as fiduciary and made payable to the being covered,the Architect niay request to see such Work and � Owner ;Ls fiduciary for the insureds, as their interests may it Shall be uncovered b}- 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 Suhparagraph 1 1.3.10. The Contractor shall pay ting 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 tine 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 he 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 for proper performance of the Owner's duties. The cost by the Architect or failing to conform to the requirements of I of required hands shall be charged against proceeds received as tl'c Contract Documents, whether observed before or after fiduciary. The Owner shall deposit in a separate accountpro- Substantial Completion and whether or not fabricated,installed cards 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 talons end 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 Compic- 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' ''y I9K THF.A-IERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE-NW..WASHINGTON,D.C.20006 A201-1987 21 1 H A M E R I C A N N S T I T U T E O F A R C H I T E C T S AIA Document A101 I Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT = tl made as of the a 9 day of August in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: Town of Southold (Name and address) 53095 Main Road Southold, NY 11971 ;i Ji 4, and the Contractor: Avey Electric, In. 1 (Name and address) P.O. Box 1429 Patchogue, NY 11772 The Project is: Electrical and related work at: -� (Name and location) TOWN HALL POLICE DEPARTMENT HEADQUARTERS HUMAN RESOURCE CENTER 53095 MAIN ROAD MAIN ROAD PACIFIC STREET SOUTHOLD, NY 11971 PECONIC, NY 11958 MATTITUCK, NY 11952 The Architect is: (Name and address) Daniel Karpen Professional Engineer 3 Harbor Hill Drive Huntington, NY 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 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 prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copvrlght laws and is subidct to legal prosecution. r . w • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Electrical and related work at the Town Hall, Police Department Headquarters and Human Resource Center pursuant to the proposal submitted on June 2, 1994 and specifications dated May 16, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of ibis Agreement or, if applicable,state tbat the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days (insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewbere in the Contract Documents.) subject to adjustments of this Contract Time as provided in the Contract Documents. (insert provisions, if any,for liquidated damages relating to failure to complete on time.) AIA DOCUPENT A101 •OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION•AIA41 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. r ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's-performance of the Contract the Contract Sum of _ — $ 3Dollars Thirty Thousand Seven Hundred Twent --__ _________ ____ _ subject to additions and deductions as provided in the Con- 0720.00 tract uments. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: bisstAgreement, attach a schedule of such other alteaccepternates showingdthe amount for ecisions on eeach alternates the date unti�hi h that amount ise by the Owner evalid.)uent o the execution of 4.3 Unit prices, if any, are as follows: Town Hall Exit Signs $ 940.00 Town Hall Electric Hot Water Heater $1 ,360.00 Police Department Headquarters New Exit Sign $ 325.00 Police Department Headquarters Exit Signs $ 370.00 Police Department Headquarters Electrical Lighting $12,760.00 Human Resource Center Exit Signs $ 595.00 Human Resource Center Electrical Lighting $14,370.00 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION• AIAe • ©1987 A101-1987 3- 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. I 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contrdct Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered b each Application for Payment shall be one calendar month ending on the last da of the month or as follows: Upon completion of all work. i _II 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: { 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage 4- completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent =! 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: _ 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.l and 5.6.2 above,and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) �I l AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1987 THE AMERI&N INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment,e&-a6-€eklews: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Trutb in Lending Act,similar state and local consumer credit laws and otber regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewbere may affect the validity of this provision.Legal advice should be obtained witb respect to deletions or modifications,and also regarding requirements sucb as written disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement BetweenOwnerand Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated May 16, 1994. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCtIMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA0 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Litber ltst the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 9.1.6 The addenda, if any, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUIl1ENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIAO • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bere any additional documents which are intended to form part of the Contract Documents.The General Conditions provide that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Bid proposal dated June 2, 1994. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER / CONT CT;R f ti (Signature) (41na lure) Thomas H. Wickham, Supervisor Paul J. Avenoso, President (Printed name and title) (Printed name and title) I i 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 A101 • OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION•AIA6 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. r ISSUE DATE(MM/DD/YY) 8/11/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. National Security — — -_- Brokerage, Inc. COMPANIES AFFORDING COVERAGE i6 1969 Wantagh Avenue ------------------- -- WontR#91h !"'Ar VAPL' 1179, COMPANY A Heritage Ins. Co INSURED — --------- �_� i..ETTER 0,0MPANY' f RCS Air Duct Cleaning Inc. IILETTER 380 Florida Ave. h- ------------- ---- Copiague, NY 11725 COMPANY;_ETT FR D COMPA.NY ----- -- LETTER E f THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BEISSIUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. R TYPE OF INSURANCE POLICY NUMBER P0, TE MM RDY'+ �OA ,1m DrwN k ALL LIM!'TS IN THOUSANDS GENERAL LIABILITY CG P`G,,T E _ $ 1,000 A X GOMME"��� 6E RAL LIABILITY ( HGL-105412 5/8/94 I 5/8/95 I F �M jos c�H�s�rs_ $1,000 $En elude ]*NIPS ,.,,_TSPS PRG EC1;E � � RA _- 1$1,000 RE, �— $Exclude _ �— ow rEPsnv $Exclude - AUTOMOBILE LIABILITY -- _ --- ROL -- - '_ ANY Ali'0 ALL 0V'NED AUTOS �— SCHEDULED AUTOS U OS $ HIRFO AUTOS (PEP iJN NDAU-OS ;AC—vn ($ � GARAGE LABILITY PWOPEP j EXCESS LIABILITY — " DecEACA„cRE3A7E o"F+EwcE 1 $ 0`HER'wAN UMBRELLA FORM STA _'TOFY 0r , WORKERS'COMPENSATION (FACP A r.De,r, i AND DISEA (LD'v diT) EMPLOYERS'LIABILITY "-- -�-- n D,S ASAf H'EMPLOYEE) OTHER � ------ ----- i -------}---- ------- 1--- ------ - -- RECEIVED f U G 15 1094 � � A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Southold Town (-W-lcAir Conditioning and Air Duct Cleaning • . • Additional Insured: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. Town of Southold PIRA'TION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Town Hall, 53095 Main Rd. MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. Esox 1179 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Southold, NY 11971 LIABILITY OF ANY KIND UPOfikTHE COMPANY, ITS AGENTS OR REPRESENTATIVES. - AUT ORIZED REPRESENTAT �— f0)0 CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT: DATE OF ISSUANCE: Human Resources Center July 27 , 1994 OWNER: Town of Southold (Name, Address) P . 0. Box 1179 , Southold, N. Y. CONTRACTOR: OWNER's Project No. RCS Duct and Coil Cleaning 380 Florida Avenue ENGINEERDaniel Karpen Copaigue, N. Y. 11726 Professional Engineer & CONTRACT FOR: Consultant, P. C. Human Resources Center 3 Harbor Hill Drive Duct & Coil Cleaning ENGINEER'VPrpject No wnntinaton N_ y__ 1.1763 You are directed to make the following changes in the Contract Documents. Description: Replacement of Air Conditioning equipment Equipment that was supposed to be cleaned is being removed Purpose of Change Order: from building. Attachments: (List documents supporting change) Plans and mechanical specifications . CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $2 , 300 . 00 $ days or daze Previous Change Orders No. to No. Net change from previous Change Orders $ days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ $2 ,300 .00 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ LESS $500.00 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ $1 , 800 . 00 Work will be done between 8/9 and 8/13 72 1 days or date RECOMMENDED: APPROVE APPROVED: b aL t it of byZ�tL y E eer �.... OwContractor EJCDC No. 1910-8-8(1983 Ed tion) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. R.pnMd Snt3 o��FFo�K�oGy JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK =v rZT, P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER MARRIAGE OFFICER ��.� � �� Telephone (516) 765-1801 �(/ FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTIONS WERE ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 9, 1994: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute Change Order No. 1 between the Town and R.C.S. Duct Cleaning, lnc. , whereby the bid of R.C.S. Air Duct Cleaning, Inc. is reduced from $2,300.00 to $1,800.00 for duct and coil cleaning at the Human Resource Center; and be it FURTHER RESOLVED that Supervisor Wickham be and he hereby is authorized to enter into a contract between the Town and R.C.S. Air Duct Cleaning, Inc. , subject to the approval of the Town Attorney, to accomplish the duct and coil cleaning at the Human Resource Center. Judith T. Southold Town Clerk August 10, 1994 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. RECOM 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 AUG 3 1994 (516)427-0723 EM CM *X"d August 2 , 1994 Judith Terry Town Clerk Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Dear Judith: RE: HUMAN RESOURCES CENTER Please find enclosed a revised quotation for the duct and coil cleaning at the Human Resources Center. Yours truly J r Daniel Karen DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL,DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 August 4, 1994 Judith Terry Town Clerk Town of Southold Main Road Southold, N. Y. 11971 Dear Judith: RE: ENERGY CONSERVATION PROJECTS Bid opening for the replacement of the air conditioning and heating systems at the Human Resources Center in Matttituck commenced at 10:00 A. M. on August 4, 1994. There were two bidders. Kolb Mechanical Corp of Mattituck submitted a low bid of $16,950.00 and Heating & Piping Specialities submitted a bid of $25,995..00. 1 am recommending that the work be awarded to Kolb Mechanical Corp. of Mattituck. I called them this morning after the bid opening. They told me that if the contract is signed in the morning 'of August 10, 1994 after the Town Board meeting, they will order the equipment that afternoon and commence work within 5 business days. They have sufficient manpower in order to do the work and complete it within 10 business days after award of contract. My projected cost for the work was $18,500. The bid was $1 ,550 below the projected cost. RCS Duct and Coil Cleaning agreed to redcuc�e the cost of the duct and coil cleaning from $2,300.00 to $1,800.00. 1 am recommending that the contract for duct and coil cleaning to RCS Duct and Coil Cleaning. Yo rs truly, anieI Kar en Yo DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 July 27 , 1994 RECEIVED RCS Duct and Coil Cleaning 380 Florida Avenue Sau$014cTow, r►ari Copaigue, N. Y. 11726 Dear Richard: Please find enclosed a change order for the work at the Human Resources Center. Please provide me with a revised price as certain equipment, which was supposed to have duct and coil cleaning, will be removed from the building. Please provide me with a quotation by August 4 , 1994 , so I may convey the changes to the Town Board in time for their meeting on August 9 , 1994 Please sign and return two copies of the change order. Keep one for your records . Yours truly aniel K rp CC: Town Clerk CHANGE ORDER • (Instructions on reverse side) No. l PROJECT: DATE OF ISSUANCE: Human Resources Center July 27 , 1994 OWNER: Town of Southold (Name, Address) P. 0. Box 1179 , Southold, N. Y. CONTRACTOR: OWNER's Project No. RCS Duct and Coil Cleaning 380 Florida Avenue ENGINEERDaniel Karpen _ Copaigue, N. Y. 11726 Professional Engineer & CONTRACT FOR: Consultant, P. C. Human Resources Center 3 Harbor Hill Drive Dunt & Co;il ;Cleaning ENGINEER'K.-Projtct m-- T7tmtinotnn You are directed to make the following changes in the Contract Documents. Description: Replaceznetlt of Air Conditioning equipment Equipment that was supposed to be cleaned is being removed Purpose of Change Order: from building. Attachments: (List documents supporting change) Plans and mechanical specifications . CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $2 ,300 .00 oars or due Previous Change Orders No. to No. Net change from previous Change Orders days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ $2 ,300 .00 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ days Contract Price with all approved Change Orders Contract Time with all approved Change Orders Work will be done between 8/9 and 8/13 days or date RECOMMENDED: APPROVED: APPROVED: by r owner by contractor EJCDC No., 1910-8- 1983 Edtion) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. R—md 545 �oc��FFO[KCoGy o �► JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK o ,= P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 4F Southold, New York 1 1971 Fax (516) 765-1823 MARRIAGE OFFICER �� Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 1994 Richard Held, President R.C.S. Air Duct Cleaning, Inc. 380 Florida Avenue Copaigue, New York 11726 Dear Mr. Held: Enclosed is your copy of the contract for the duct cleaning at Town Hall and Police Headquarters, along with your $390.00 bid deposit check. Before scheduling a date to commence the cleaning, please supply me with the required Certificates of Insurance (copy of pertinent sections from the bid document enclosed) . Please be sure the Certificate of Insurance names the Town of Southold as an additional insured. Once I am in receipt of the Certificates of Insurance I will contact you to schedule a date to begin the work. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures s + 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 their protection from damage, injury or loss. 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.2.3 The Contractor shall erect and maintain, as required by 10.1.1 The Contractor shall be responsible for initiating, main- existing conditions and performance of the Contract, reason- tainin} and supervising all safety precautions and programs in able safeguards for safety and protection, including posting connection with the performance of the Contract. danger signs and other warnings against hazards, promulgating safetyregulations utilities. regulations and notifying owners and users of adjacent 10.1.2 In the event the Contractor encounters on the site sites material reasonably believed to be asbestos or polychlorinated biphenyl (PCIS) 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 xi-itten agreement of the Owner and Contractor if in qualified personnel. fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss arca shall he resumed in the absence of asbestos or polychlori (other than damage or loss insured under property insurance natcd hiphcnvl WC.11). or when it has been rendered harmless, required by the Contract Documents)to property referred to in by a rittcn agreement of the Owner and Contractor, or in Clauses 10.2.1?and 10.2.1.3 caused in whole or in part by the accordancance�yith final determination by the Architect on which Contractor, a Subcontractor, aSub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them.or by anyone Article a f?Ir whose acts they may he liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except nt to Article damage or loss attributable to acts or omissions of the Owner 10.1.3 The Contractor shall not he required pursua to pertirrnl without consent any Work relating to asbestos or or Architect or anyone directic or indirectly employed h.' pt th chlurin:uccl biphenyl (PCB). either of them,or by anvone fur 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 indcntllily and hold harmless the Contractor, Architect, Archi- addition to the Contractor's obligations under Paragraph 3.18. tea's consultants and agents and employees of any of them 10.2.6 The Contractor shall designate a responsible member of from and against claims, damages. losses and expenses, includ- the Contractor's organization at the site whose duty shall be the ing but not limited to attorneys' fees,arising out of or resulting prevention of accidents. This person shall be rhe Contractor's from pertilrntancc of the Work in the affected area if in fact the Superintendent unless otherwise designated by the Contractor material is:asbestus or polychlorinated biphen}'I (PCB)and has in writing.to the Owner and Architect. not been rendered harmless,provided that such claim.damage, IoNs or expense is attributable w bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death. or to injury to or destruction of tangible property construction or site to be loaded so :as to endanger its safety. (other than the Work itself) including loss of use resulting 10.3 EMERGENCIES therefrom,but onh•to the extent caused in "-hole or in part by negligent acts or omissions of the Owner, anyone directly or 10.3.1 In:an emergency affecting safety of persons or property, indirectle employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre the Owncr nray he liable, regardless of whether or not such vent threatened d:unage, injury or loss. Additional compensa claim, damage, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account inelcnmificd hcrcundcr. Such obligation shall not be construed of an emergency shall he determined as provided in Paragraph to negate, abridge. or reduce other rights or obligations of 4.3 and Article 7. incicnrnity which would otherwise exist as to a party or person dcscrihcd in this Subparagraph 10.1.4. ARTICLE-11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 Pile Contractor shall take reasonable precautions for 11,1 CONTRACTOR'S LIABILITY INSURANCE salcty of. and shall provide reasonable protection to prevent 11.1.1 The Contractor shall purchase from :and maintain in a d:unage, injury or loss to: conrpanv or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as he affected thereby; will protect the Contractor from claims set forth below which .2 the Work arid materials and equipment to he incorpo may arise out of or result from rbc Contractor's one to tons illy rated therein, whether in storage on or off the site, under the Contract and for which the Contractor maY g' 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 Suh 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, employee benefit acts structures and utilities not designated for removal, relo- (usability benefit:and other similar cation or replacement in the course of construction. which are applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIO, • FOURTEENTH EDITION A201-1987 19 AIA" •ry 19H7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N W,WASHINGTON.D.C.20006 'WAouwc•nMucensed 0hotocowln3 violates U.S.Coovrlaht lave and Is subl'!ct to legal orosecutlon. .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 It.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(I) 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 1 1.1.1 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 lacy, 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 notitying the Contractor, then the Owncr 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 he main- tained atter 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 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with vofuntan-deduc- •afforded under the policies will not he cancelled or allowed to tihle 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 Subparagraph 9.10.2. Information 11.3.1.4 Unless otherwise provided-in the Contract Docu for Payment as required by Subpar concerning reduction of coverage shall be furnished by the mCnts,this property insurance shall coyer portions of the',Vork Contractor with reasonable promptness in accordance with the stored off the site after written approval of the Owner at the Contractor's information and belief. Value established in the approval,and also portions of the Work 11.2 OWNER'S LIABILITY INSURANCE in transit. 11.2.1 The Owner shall be responsible for purchasing and 11.3.2 Boiler and Machinery Insurance. The Owner shall maintaining the Owner's usual liabilityinsurance. Optionally,•, Purchase and maintain boiler and machine' insurance iP y required by the Contract Documents or by law, which shall the Owner 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%ccover s r by the Ownerred objects this insurance shall include under the Contract. The Contractor shall not he responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the O�ynrr and Contractor insurance unless specifically required by the Contract shall he named insureds. Documents. 11.3.3 Loss of Use Insurance. The 0%%nrr, :t the O%yner•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 O,,Vner's property and maintain. in 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 :is well :1.s subsequent modifications thereto for the fire or ether 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 he main- risks other than those described herein or for other special haz- tairted. unless otherwise provided in the Contract Documents arils 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 are 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. I FOURTEENTH EDITION 20 A261-1987 AI"DOCUMENTTUE AMERICAN INSTITUTE OFARCHITECTS.F THE ITECTS.01735RNEW YORK AVENUE.N.WCT FOR NWASHINGTON,D,20(XV) WARNING:Unlicensed ohotn-orwInn vlolatws tl.q.rnwrinhr ice.,,.._, t......w..,-,,..I---I 11.3.5 If during the Project construction period the Owner 11.3.10 The Owncr 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 rive 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 he 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 1 1.3.7 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 ,• 11.3.11 Partial occupancy or use in accordance with Paragraph waiver of subrogation by endorsement or otherwise. 9.9.) shall not commence until the insurance company or com- 11.3.6 Before an exPOsure to loss may occur, the Owner shall pees 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 b} this Paragraph 1 1.3. Each O,yner and the Contractor shall take reasonable steps to obtain policy shall contain all generally applicable conditions, defini- reinsert of the insurance company or companies and shall, wit tions,exclusions and endorsements related to this Project. Each hout mutual written consent. take action ith respect to policy shall contain a provision that the policy will not be Partial occupancy or use that evould cause cancellation,lapse or cancelled or allowed to expire until at least 30 days' prior writ- retluction of insurance. ten notice has hccn given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to,require the Contrac- 11.3.7 Waivers of Subrogation. The Owner and Contractor for to furnish bonds covering faithful performance of the Con- waive all rights against(1)each other and atn of their subcon- tract and payment of obligations arising thereunder as stipu- tractors.Sub-subcontractors,agents and employees.each of the laced in bidding requirements or speciticalh required in the other, and (_') 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. SLI h-suhcontractors, agents and employees, for 11.4.2 Upon the request of an%- person or entity appretring to d:amagcs caused by fire or other perils to the extent covered by he a potential hencficiary of bonds coyrring payment of ohliga- propern insurance obtained pursuant to this Paragraph 1 1.3 or tions arising undo the Contract, the Contractor shall promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall pcnnit a co1y to he madc. rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate. ARTICLE 12 shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontn ac- tors,Suh-.,ubconiracu,rs,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for 12.1 UNCOVERING OF WORK validity, similar waivers each in favor of other parties enurn- crated 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 dune of indemnification, Aro;hitect, be uncovered for the.architect's observation and he contractual or otherrn ise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirect[%., 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 is fiduciary and made payable to the being covered,the Architect may request to see Such Work and Owner :Ls fiduciary for the insureds, as their interests may a shall be uncovered b} the Contractor. [f such Work is in appear, subject to requirements of any applicable mortgagee accordance with the Contract Documents. costs of uncover- clause and of Suhparagraph 11.3-10. 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. 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12.2.1 -file Contractor shall promptly correct Work rcirctcd as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties. The cost the Contract Documents, whether observed hetiare or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fabricated.installed fiduciary. The Owner shall deposit in a separate account pro- or compacted. The Contractor shall hear costs of correcting reeds so received, which the Owner shall distribute in actor- such rejected Work, including additional testing and inspec- dance with such agreement as the parties in interest may reach, tions and compensation for the Architect's services and or in accordance.with an arbitration award in which case the expenses made necessary thereby. procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- 12.2.2 if, within one year after the date of Substantial Complc- 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' •'q I9N"THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N.W..WASHINGTON,D.C.ZOp(IG A201-1987 21 v.e n•n�.n.n_n_____�-�-'----..�.............._��c _.-...L.M Irw�nn't to e,,�.,e.-�...In..ei nn1aPCV1lOn. t i T H E A M E R I C A N S T I T U T E O F R C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of July in the year of Nineteen Hundred and Ninety four BETWEEN the Owner: Town of Southold, 53095 Main Road, Southold, New York 11971 (Name and address) and the Contractor: R.C.S. Air Duct Cleaning, INc. 380 Florida Avenue, Copiaque (Name and address) New York 11726 The Project is: Atr Duct Cleaning (Name and location) Town Hall Police Department Headquarters 53095 Main Road AND Main Road Southold, New York 11971 Peconic, New York 11958 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, New York 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 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 prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Duct Cleaning of Town Hall and Police Department Headquarters pursuant to the proposal submitted on June 3, 1994, and the specifications dated May 16, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five Thousand Five Hundred ---------------------------------------- Dollars 0 5 500.00 ), subject to additions and deductions as provided in the Con- tract bocuments. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates./f decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: Town Hall $3,900.00 Police Department HQ $1 ,600.00 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION-AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Upon completion of the duct cleaning. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule Of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended,prior 10 Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert bore provisions for such reduction or limitation.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. . s • ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any-) (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION •AIA° • ©1987 A101-1987 5 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 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated May 16, 1994. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 A101-1987 6 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. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an erhibil attached to this Agreement.) Number Title Date 9.1.6 The addenda, if any, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20x)06 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents wbicb are intended to form part of the Contract Documents.The General Conditions provide that bidding requirements sucb in ads Agreement.o invitation to They should betel ted instructions e ions to Bidders, errs, ao be paort of the Contract Dothe or's bid are not part of the Contract Documents unless enumerated Bid Proposal dated June 2, 1994. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. CONTRACTOR OWNER Y (Signature) (Signature) Thomas H. Wickham, Supervisor Richard Held, President (Printed name and title) (Printed name and 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 A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA° • ©1987 A101-1987 8 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. o��S�FFO(��OG o - W LAURY L.DOWD O Town Hall, 53095 Main Road Town Attorney tiijJO� �aO� P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 3, 1994 Kenneth McRobb, President Efficiency Contractor 104 Middleville Road Northport, NY 11768 Re: Energy Conservation Work Dear Mr. McRobb: On July 12, 1994, the Town Board accepted your bid proposal dated May 31, 1994 to perform acoustical tile restoration at the Police Department's Headquarters in Peconic, New York. Therefore, enclosed are two (2) original contracts for your signature. Kindly sign where indicated and return both originals to this office. After the Supervisor executes same, we will forward one original conformed contract to you for your records. Should you have any questions, please feel free to contact me. E truly Id urs, y Town Attorney LLD:mis Enclosures cc: Judith T. Terry, Town Clerk o��S�ffO(��oG C2 x H LAURY L.DOWD �O `F Town Hall,53095 Main Road Town Attorney yijJ a�� P. O. Box 1179 �.( Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 3, 1994 Paul J . Avenoso, President Avey Electric, Inc. P.0. Box 1429 Patchogue, NY 11772 Re: Energy Conservation Work Dear Mr. Avenoso: On July 12, 1994, the Town Board accepted your bid dated June 2, 1994, to perform certain electrical work at various Town Departments. Therefore, enclosed are two (2) original contracts for your signature. Kindly sign where indicated and return both originals to this office. After the Supervisor executes same, we will forward one original conformed contract to you for your records. Should you have any questions, please feel free to contact me. Very truly yours, Laury �Dqd Town Attorney LLD:mis Enclosures cc: Judith T. Terry, Town Clerk o�Og�FfO(,��oG o - y. � LAURY L. DOWD WO w �� Town Hall, 53095 Main Road Town Attorney A-4 P. O. BOX 1179 Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD July 25, 1994 Richard Held, President RCS Air Duct Cleaning, Inc. 380 Florida Avenue Copiaque, New York 11726 Dear Mr. Held: Pursuant to the Town Board's June 14, 1994 resolution accepting your bid under the Energy Conservation Program to perform Duct Cleaning services, enclosed please find two (2) original contracts for your signature in order to perform the duct cleaning of Town Hall and the Police Department Headquarters. Kindly sign both originals where indicated and return them to this office. After the Supervisor executes the originals, we will forward a conformed copy back to you for your records. Should you have any questions, please feel to contact me. Very truly yours ury L. Do d Town ttor y LLD:mis Enclosures 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 A101 Standard Form of Agreement Between Owner, and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of July in the year of Nineteen Hundred and Ninety four BETWEEN the Owner: Town of Southold, 53095 Main Road, Southold, New York 11971 (Name and address) and the Contractor: R.C.S. Air Duct Cleaning, INC. 380 Florida Avenue, Copiaque (Name and address) New York 11726 The Project is: Air Duct Cleaning (Name and location) Town Hall Police Department Headquarters 53095 Main Road AND Main Road Southold, New York 11971 Peconic, New York 11958 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, New York 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,©1987 by The American Institute of Archi- tects, 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 prosecution. AIA QOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION•AIAO • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these16rm the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein,The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Duct Cleaning of Town Hall and Police Department Headquarters pursuant to the proposal submitted on June 3; 1994, and the specifications dated May 16, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 90 days (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 Al O1-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT S(JM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five Thousand Five Hundred ---------------------------------------- Dollars �$ 5 500.00 ), subject to additions and deductions as provided in the Con- tract Mcuments. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (state The numbers or other identification of accepted alternates.if decisions on other alternates are to be made by the Owner subsequent to The execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: Town Hall $3,900.00 Police Department HQ $1 ,600.00 AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIAa •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Applieation for Payment shall be one calendar month ending on the last day of the month,or as follows: Upon completion of the duct cleaning. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data w substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (if it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6./and 5.6.2 above,and ibis is not explained elsembere in the Contract Documents, insert here provisions for such reduction or limitation:.) AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT- TWELFTH EDITION-AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2o006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the'Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 122.2 of the GeneralConditions and to satisfy other requirements, if any, which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Trutb in Lending Act,similar state and local consumer credit laws and otber regulations at the Oumer's and Contractor's principal places of business,lbe locatton of the Project and elsewbere may affect the iwlidity of lb is provis ton.Legal advice sbould be obtained witb respect to deletions or modifications,and also regarding requirements sucb as written disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT-TWELFTH EDITION-AIA6 - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution, ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard,Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are.&'General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated May 16, 1994. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Fither list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION•AIAe •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exbihit attached to this Agreement.) Number Title Date 9.1.6 The addenda, if any, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 7, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents wbtcb are intended to form part of the Contract Documents.The General Conditions provide that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in ibis Agreement. They sbould be listed bere only if intended to be part of the Contract Documents.) Bid Proposal dated June 2, 1994. This Agreement is.entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER CONTRACTOR (Signature) (Signature) Thomas H. Wickham, Supervisor Richard Held, President (Printed name and title) (Printed name and title) i I 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 A101 -OWNER-CONTRACTOR AGREEMENT- TWELFTH EDITION-AIA* - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. o��FFOLK��Gy JUDITH T. TERRY L Town Hall, 53095 Main Road Z P.O. Box 1179 TOWN CLERK r-IF7% Southold, New York 11971 REGISTRAR OF VITAL STATISTICS �Y� � Fax (516) 765-1823 MARRIAGE OFFICER �'/� ��O Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER 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 JULY 12, 1994: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to enter into a contract between the Town of Southold and the following contractors, subject to the approval of the Town Attorney, to accomplish the following work under the Energy Conservation Program (bid opened June 3, 1994, accepted by the Town Board on June 14, 1994) : Avey Electric, Inc. , P.O. Box 1429, Patchogue, N.Y. Town Hall: Exit Signs - $940.00; Electric Hot Water Heater - $1 ,360.00. Police Headquarters: New Exit Sign - $325.00; Exit Signs - $370.00; Electrical Lighting - $12,760.00. Human Resource Center: Exit Signs - $595.00; Electrical Lighting - $14,370.00. Efficiency Contractor, 104 Middleville Road, Northport, N.Y. Police Headquarters: Acoustical Tile Restoration - $7,998.00. Ale- Judith T. TerryC%� Southold Town Clerk July 13, 1994 o��FFo�K�D� o yam► JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERKP.O. Box 1179 z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO Fax (516) 765-1823 MARRIAGE OFFICER .,`, 0 Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER 1 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 JUNE 14, 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for the Energy Conservation Program at Town Hall, Police headquarters, and Human Resource Center, subject to the receipt of the grant application by the New York State Energy Office, and subject to acceptable references for the bidders: Duct Cleaning R.C.S. Air Duct Cleaning Inc. , 380 Florida Avenue, Copiague, N.Y. Town Hall : $3,900.00; Police Headquarters: $1 ,600.00; Human Resource Center: $2,300.00. Total: $7,800.00 Electrical Avey Electric, Inc. , P.O. Box 1429, Patchogue, N.Y. Town Hall : Exit Signs - $940.00; Electric Hot Water Heater - $1 ,360.00. Police Headquarters: New Exit Sign - $325.00; Exit Signs - $370.00; Electrical Lighting - $12,760.00. Human Resource Center: Exit Signs - $595.00; Electrical Lighting - $14,370.00. Acoustical Tile Restoration Efficiency Contractor, 104 Middleville Road, Northport, N.Y. Police Headquarters: $7,998.00. AND BE IT FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is authorized to enter into a contract between the Town of Southold and R.C.S. Air Duct Cleaning Inc. , subject to the approval of the Town Attorney, to accomplish the duct cleaning at the Town Hall, Police Headquarters, and Human Resource Center; AND BE IT FURTHER RESOLVED that the following bids for the Energy Conservation Program be rejected: Avey Electric, Inc. , Town Hall Lighting at $48,600.00. Efficiency Contractor, Town Hall Acoustical Tile Restoration at $11 ,985.00. Judith T. Terrj�?���C/ - Southold Town Clerk June 15, 1994 ��tE.EBF y..,.• ••:..9c FRANCIS J.MURRAY,JR. o - _; o NEW YORK STATE ENERGY OFFICE COMMISSIONER June 24, 1994 RECEIVED Mr. Thomas Wickham JUN 2 9 1994 Supervisor Town of Southold Southold Town Clerk P.O. Box 1179 Southold, New York 11971 Re: NFP Application #1406 Dear Mr. Wickham: This is to notify you that we received your Not-For-Profit Energy Incentive Rebate Program application on 06/21/94. As indicated in our program materials, all applications will be reviewed in the order received. Subsequently, funds are awarded on a first-come, first-serve basis. I have been assigned to review your application. If during this review, it becomes necessary to request additional information in order to determine eligibility and compliance, you will be contacted and given fourteen (14) calendar days to respond. If your response is not received during this period, your application will be disqualified. As you know, program rules do allow applicants to proceed with their projects upon application submittal. However, please be advised that you are proceeding at your own risk until you are officially informed by letter from this office of our approval to rebate your site-specific energy improvements. You should hear from us within sixty (60) days from the date of this 1$f-ter reaardina our review determination to approve nr 6P*1v rot,wro fim�inra If you have any questions, please contact ._a at (518) 473-4790. Sincerely, J� . D nna Jablonski Projec� ager Energy Ifivestment Bureau ACKLTRI TWO ROCKEFELLER PLAZA • ALBANY, NEW YORK 12223 518-473-4375 JUDITH T. TERRY ti ; Town Hall, 53095 Main Road � P.O. Box 1179 TOWN CLERK c ' k�' '� Southold, New York 11971 r REGISTRAR OF VITAL STATISTICS �' • ti Fax (516) 765-1823 MARRIAGE OFFICER �.j,�/� ,.p Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER 'v 5 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21 , 1994 Michael J . Lademann, President Lademann Electric, Inc. 1625 Stillwater Avenue Cutchogue, New York 11935 Dear Mr. Lademann : Enclosed is a certified resolution of the Southold Town Board explaining the action taken by them at their regular meeting held on June 14, 1994 with regard to the bids for the Energy Conservation Program. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure DANIEL KARPEN RECEIVED PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE JUN 8 11994 HUNTINGTON,NEW YORK 11743 (516)427-0723 Southolri Town ('lark June 6 , 1994 Thomas H. Wickham Supervisor Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Dear Supervisor Thomas Wickham and members of the Town Board: RE: RESULTS OF BID OPENING ON JUNE 3 , 1994 Bid opening commenced at 10 : 01 A. M. on June 3 , 1994 . DUCT CLEANING Only one bid was received for duct cleaning for the Town Hall , Police Station, and Human Resources Center. The low bidder was RCS Air Duct Cleaning , Inc , of 380 Florida Avenue, Copaigue , N. Y. The total of the three bids was $7 ,800 . Please note that my original estimate as provided in my letter of May 16 , 1994 was $7 , 750 , a variation of only $50 . I am recommending that the work be awarded to RCS Air-- Duct ir-Duct Cleaning . The work is not subject to a New York State Energy Office grant . The work should be done as soon as it can be scheduled, with priority given to having the Town Hall work done first . ELECTRICAL BIDS Two contractors submitted bids for the electrical work. One contractor, Lademann Electric , did not bid on the lighting work at the Town Hall . There was only one bid received for this work. Lademann Electric did not submit bid bonds or a 5 percent deposit in the form of a certified check. However, they were not the low bidder. Avey Electric , P . 0. Box 1429 , Patchogue , N. Y. submitted the low bids for the exit signs in all three buildings and for the electrical lighting work in the Police Station and the Human Resources Center . Avey Electric also submitted a bid for the electric hot water heater replacement in the Town Hall . This work is not eligible for a State Energy Office grant . I am recommending that the bids from Avey Electric be accepted and a contract be signed by the Town as soon as the Town of Southold has received a letter from the New York State Energy Office stating that the grant applications have been received for the Police Station and the Human Resources Center. • •age 2 The bids are given below: Town Hall Avey Electric Lademann Electric Exit signs $ _ 940 . 00 $1 , 700 . 00 Lighting $48 , 600 . 00 No bid Electric Hot water Heater $ 1 , 360 . 00 No bid Polcie Station New Exit Sign $ 325 . 00 $300 . 00 Exit Signs $ 370 . 00 $520 . 00 Electrical Lighting $12 , 760 . 00 $18 , 300 . 00 Human Resources Center Exit Signs $ 595 . 00 $960 . 00 Electrical Lighting $14 , 370 . 00 $19 , 900 . 00 ACOUSTICAL TILE RESTORATION Only one contractor bid on the acoustical tile restoration. The contractor was Efficiency Contractor, 104 Middleville Road, Northport , N. Y. . The amounts were $7 , 998 . 00 for the Police Station and $11 ,985 for the Town Hall . I am recommending that the bid for the Police Station be accepted and that the bid for the Town Hall be rejected. VARIATION FROM PROJECTED COSTS The cost of the work that I am recommending acceptance of bids is a total of $38 ,393 . My letter of May 16 , 1994 had a cost projection of $38 , 180 , a difference of only $213 . REBIDDING OF WORK It will be necessary to rebid the electrical lighting work for the Town Hall and the acoustical tile restoration work for Town Hall . No bids were received for acoustical tile restoration at the Human Resources Center. This work was included as in-kind contributions as part of the grant application. No bids were received for the insulation of the domestic hot water piping in the basement of the Human Resources Center. This work is being included as an in-house project as the amount of work is relatively limited. No bids were received for the duct modifications for the Police Station or for the installation of a propane fire hot air furnace in the Human Resources Center . This work will have to be re-bid. Page 3 I will provide revised specifications to be sent out to bid to reflect those items that need to be rebid. I am recommending that the work to be rebid be advertised in the week of June 20 , 1994 , and that a walk-through be conducted on June 310 , 1994 at 10 : 00 A. M. and a bid opening on July 6 , 1994 . The grant application for Town Hall would be completed in time for the July 12 , 1994 meeting of the Town Board so it can be approved and sent to the New York State Energy Office . Please advise me if these dates are suitable . Yo rs truly, i Daniel KarR6n 7 SPEC=F=CATION S ENERGY C ON S ERVAT=ON FULL — SPECTRUM POLAR= ZED L=GHT I NG AND RELATED WORK S O UTHO LD T OWN FLAT—E. S O UTHO LD POLICE S TAT I ON HUMAN RESOURCES CENTER �os�FFo�'�coG THOMAS H. WIC SUPERVISOR TOWN OF SOUTHOLD • P. O. BOX 1179 IPAo! SOUTHOLD, NEW YORK 11971 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. • Energy Conservation Consulting • Full Spectrum Polarized Lighting • Environmental Conservation • Expert Testimony 3 Harbor Hill Drive • Huntington,New York 11743 (516)427-0723 May 16 , 1994 PROJECT DESCRIPTION SOUTHOLD TOWN HALL INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL _ CEILING RESTORATION DUCT CLEANING ELECTRIC HOT WATER HEATER, EXIT SIGNS SOUTHOLD POLICE STATION INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL CEILING RESTORATION DUCT CLEANING DUCTWORK MODIFICATIONS EXIT SIGNS HUMAN RESOURCES CENTER SOUND AVENUE MATTITUCK, NEW YORK INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS DUCT CLEANING , ACOUSTICAL TILE RESTORATION NEW HOT AIR FURNACE , EXIT SIGNS REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEER: DANIEL KARPEN, 3 HARBOR HILL DRIVE, HUNTINGTON, N. Y. 11743 (516) 427-0723 . 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 . • !' INVITATION TO BID PROJECT: ENERGY CONSERVATION - SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, SOUTHOLD POLICE STATION, MAIN ROAD, PECONIC, NEW YORK, AND HUMAN RESOURCES CENTER, SOUND AVENUE, MATTITUCK, NEW YORK. WORK CONSISTS OF NEW LIGHTING FIXTURES , EXIT SIGNS , DUCT OPANENFIREDCTWORK FURNACE, ANDCACOUSTICALPINSULATION, NEW PRR TILE RESTORATION. The Town Board of the Town of Southold will receive bids for furnishing all labor, materials , and equipment as specified for alterations to the Southold Town Hall , Southold Police Station, and the Human Resources Center, in accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional Engineer & Consultant , P . C. , 3 Harbor Hill Drive, Huntington, N. Y. 11743 . Bids will be received at the offices of the Southold Town Clerk, Southold Town Hall , 53095 Main Road, Southold, ew York 11971 until 10 : 00 A. M. prevailing time , June 3 , 1994 , at which time they will be opened and the bids read aloud. A fee of twenty-five ($25 . 00) , cash or check, made payable to the Town of Southold will be required for one ( 1) set of the Contract Documents . This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for the 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 , or to accept or reject certain listed items , and to hold open bids for 120 days from the date of bid opening. This work is subject to a possible Not- For-Profit Energy Incentive Program energy conservation matching grant from the New York State Energy Office. 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 for each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder for any contract in excess of $20 ,000 . -A-walk through for- the convenience of contractors wishing to bid will take place at 10 : 00 A. M. at Town Hall on May 31 , 1994 . Dated: May 16 , 1994 BY . ORDER OF .THE SOUTHOLD TOWN BOARD By: ! Judith T . Terry Southold Town Clerk 1 PROPOSAL FORM DATE:- NAME ATE:-NAME OF BIDDER : 2Vc7- C,Aea -,9/ L,vC- _� g 0 FIOP-id,4 , i,-e 00P ,,9 y v-e AIy, 117 2 4 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 : May 16 , 1994 , 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 : ENERGY CONSERVATION IMPROVEMENTS TOWN HALL, POLICE STATION, HUMAN RESOURCES CENTER and all other work in connection therewith , in accordance with the contract documents and addenda, if any . oreoared by Daniel Karpen, Professional Engineer, 3 Harbor Hill Drive, Huntington, New York 11743 , 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, Contractor Bids Contractors may bid on the various listed items . The Town of Southold reserves the right to reject or accept a portion, or any and all bids on the listed items , and to accept/reject bids as may be required depending upon the ultimate determination of the work to be done. This work is subject to a New York State Energy Office grant . Due to the procedures of the New York State Energy Office, it is necessary to obtain bids on each and every listed item. - Do not provide lump sum bids combining various listed items . Such bids have a high probability of rejection; _ Write out in words and numbers the amounts for each listed item that you are bidding on. TOWN HALL[ Electrical , Lighting Electical , exit signs New Electric Hot Water Heater Acoustical Tile Restoration Duct Cleaning 7—h-1�eC 7-461a5.4A-44'Vi'P c POLICE STATION Electrical , Lighting Electrical , exit sign retrofits Electrical , new exit sign Acoustical Tile Restoration Duct Modifications Duct Cleaning /)e Th0IV5,,9,Vd S 1'X 11VA'eACd $, Dov-er jL2 Name of Contractor `r�-/� #1i1cT e /ea-,vr.c9' r HUMAN RESOURCES CENTER Electrical , Lighting Electrical ; . Exit Signs Duct Cleaning 2-w® Thpo.5 I, ,d 715 ',ee-Av,ro t4e/ —A'a2yy,ov, New Propane Space Heater Insulate Domestic Hot Water Lines Acoustical Tile Restoration And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the .cert i f i ed qheck sha i 1 be returned to the bidder within (120) one hundred twenty days after the date of opening the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of (120) one hundred twenty days after bid opening, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address : •• S, /%X 3 8 0 Fl© r I'd>e 4 v,e_ �i0 1? iAA-'. (J 1 l 72 (o Telephone Number: Date: `S V ) -0- 3 19�1y D - 2 r'. _,.., • ' L�.�,..-r►.+.+mow log ST3TF"`1ENT OF NODI-COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Mun,ci al Law, f Septemger 1, 1966, every bid or proposal hereafter effective subdivision of the State of an made to a political thereof or to a fire district y Public department, agency, or official work or service Y gency or official thereof for sold, shall containthefoll winoor to be performed or goods statement subscribed to by or to be r and affirmed by such bidder as true under the penalties of Y the bidder non-collusive bidding certification. perjury; 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 an such prices with any other bidder or an Y matter relating to (Z) Unless otherwise required by law, Y competitor. quoted in this bid have not been knowingly which have been bidder and will not knowinQl g Y disclosed by the opening, directly or lybe disclosed by the bidder prior to any competitor. indirectly, to any other bidder or to (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporati to submit a bid for the purpose of res tron to submit or not icting competition B. The person signing . this bid or proposal certifies that he has full informed himself regarding the accuracy of the statements contained in this certification, and udder the statements contained in Y certification, and under the penalties of per this thereof, such penalties being , affirms the truth the person sianinQ 0 applicable to the in its bbidder, as well as behalf. C. That attached hereto of resolution hereto authorna corporate bidder) is a certified copy b the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. E — 1 I R E S O L U T I O N Resolved thatGj,eC_rvt, g ,slit , be (Mame of Corporation) authorized to sign and submit the bid or proposal of this corperation for the following Project: D of--r ca,*� y - S o urlAo �U c r CbeG-.v,may 0 v`rh 0 f 0 I iZ_t STA 7—J , . (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 (SE.0 OF THE CORPORATION) Laws of New York, 1963 Ch. 731, Sec. 103-d, as amended dffective September 1, 1965 E - 2 i NEW YCRK STATE AFFIRMATIVE ACTION CERTIFICATICN (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: i 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 pUcT Cl-eati1Vyy Tve, (Bidder) Certifies that : 1 . it intends to use the following listed construction trades in the work under the contract ;and, 2 . a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan , those trades being : ; and/or, b . as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions , it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II , for all construction work (both state and non-state ) in the afore-mentioned area subject to these Bid Conditions , these trades being : ; and , 3 . it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions . (Signature of Authorized Representative of Bidder) F - 1 Y PROPOSAL FORM r DATE: 6-2-94 NAME OF BIDDER: AVRY Electric inc. P.O. Box 1429 Patchogue, N.Y. 11772 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: May 16 , 1994 , including bidding requirements , contract , general and special cond i t i ons; 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 : ENERGY CONSERVATION IMPROVEMENTS TOWN HALL, POLICE STATION, HUMAN RESOURCES CENTER and all other work in connection therewith , in accordance with the contract documents and addenda, if any. oreoared by Daniel Karpen, Professional Engineer, 3 Harbor Hill Drive, Huntington, New York 11743 , 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, , Contractor Bids Contractors may bid on the various listed items. The Town of Southold reserves the right to reject or accept a portion, or any and all bids on the listed items , and to accept/reject bids as may be required depending upon the ultimate determination of the work to be done. This work is subject to a New York State Energy Office grant . Due to the procedures of the New York State Energy Office, it is necessary to obtain bids on each and every listed item. ' Do not provide lump sum bids combining various listed items . Such bids have a high probability of rejection; . Write out in words and numbers the amounts for each listed item that you are bidding on. TOWN HALL[ $48 , 630. 00 Electrical, Lighting Forty Eight Thousand Six Hundred Thirty. $940. 00 Electical , exit signs Nina Hrnndrad Fnrt $1 , 360 .00 New Electric Hot Water Heater one Thousand Thrace 14„nr7rar9 Acoustical Tile Restoration Duct Cleaning POLICE STATION Electrical, Lighting TwelveOThousand Seven Huncirar9 ci ,tty $370.00 Electrical, exit sign retrofits Three Huncirari fiaVani7 $325 . 00 Electrical, new exit sign Threes Hundred TwimatrF'ive. Acoustical Tile Restoration DuctModifications Duct Cleaning Name of Contractor Avey Electric , inc. HUMAN RESOURCES CENTER $14, 370 . 00 Electrical, Lighting Fourteen Thousand Thraa Hundred Swrauty. $595 .00 Electrical ;- Exit Signs Fi STP T4nneirArl Mi si."y Riwa- Duct Cleaning New Propane Space Heater Insulate Domestic Hot Water Lines Acoustical Tile Restoration And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the _certified gheck shall be returned to the bidder within (120) one hundred twenty days after the date of opening the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of (120) one hundred twenty days after bid opening, the Town will accept or reject this proposal or by mutual agreement may extend this time riod. Signature of Bidder: Business Address: P.O. Box 14-2�9 Patchogue, N.Y. 11772 Telephone Number: 758-2839 Date: 6-2-94 D - 2 STATEMMT 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 sig-ing 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. E — 1 R E S O L U T I O N Resolved that Avey Electric, inc. be (Name of Corporation) authorized to sign and submit the bid or proposal of this corpr_ration for the following Project: Energy Conservation, Full S.pectrum Polarized Lighting and Related Work at Southold Town Hall, Southold Police Station and Human Resources Center. (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 Avey Electric , inc. corporation at a meeting on the Board of Directors held on the 2nd day of June 19 94 (SEAL OF THE CORPORATION) � /r7 Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 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 Avey Electrir , inr_ (Bidder) Certifies that : 1 . it intends to use the following listed construction trades in the work under the contract All work by AvPy F.lPrtrir ;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: No sub-contracting applicable. ; 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 state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being : No sub-contracting applicable ;and, 3 . it will obtain from each of its subcontractors and submit to the contracting or ad 'nistering agency prior to the award of any subcontractor;, un er this c ntract the subcontractor certification re"ir by_ t es ' d Conditions. i (si4Aature o A orized Representative of Bidder) F - 1 y Bond 4000716-C BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PVEOY Electric Inc. 429 Patchogue, NY 11772 as Principal, hereinafter called the Principal, and Contractors Casualty & Surety Company 1911 Richmond Avenue Staten Island, NY 10314 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 Southold Town Board as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid Not to Exceed $10,000. Dollars ($ 10,000.for the ) gators, successors and ment of which sum jointly well and truly severally, be made, fiade, h these said Principal rinci fs and the said Surety, bind ourselves, our heirs, executors, adminis- WHEREAS, the Principal has submitted a bid for Energy Conservation Improvements Town Hall, Police Station, Human Resources Center NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee In accord- ance 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 dif- ference not to faith contract with exceed the another penaltyarty thereof erfobe teen the covered specified d in saiden�this obl gationsuch gshall er nbe null ount rand ivoid, otherch the wise se oee aremaiy in no in full force and effect. Signed and sealed this 3rd day of June 19 94 AVEY`E1ctric In ZP uJtipary (Seal) / f (Witness) (Title) Contractors Casualty & Surety Company (Surety) (Seal) (Witness) (Tills) JToyc A. Gerech Attorney-In-Fact Revised to February,1970 SB 5714b Printed In U.S.A. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF /Uc- U_" 0'-'/-A_- COUNTY T COUNTY OF J - j� s s: On this day of 7U 4 lggz before me personally came P zle � /L r 4 050 to me known, who, being by me duly sworn did depose and say that he resides at 1/9L) Y I � < that he is the /-E S/��,z of �C the corporation described in and which executed the fore oing instrument; that he knows the seal of said corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was an affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. RITA MENDRINA Notary Public NOTARY PUBLIC, State of New York No. 4119200, Suffolk County / b-fM EX000x August 31, 19,.7 State of New York County of Suffolk ss: On this 3rd day of June 19 94 , before me a� y personally came Joyce A. Gerech to me known, who, being by me q eo y duly sworn, did depose and say that he is an attorney-in-fact of �n o Contractors Casualty & Surety Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the 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.. JANET SFORZO NOTARY PUBLIC,S;a,a of New York No.4642-523 QLiACS in au7'2q Ci�ilii Commission on Er.Fires,Augast� My commission expires tary Public Power#41001-M 00589 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000716-c 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 ROBERT M.KEMPNER and JOYCE A.GERECH-------------------------------- of VANGUARD COVERAGE CORP.,HICKSVILLE,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 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_9�L. vP�T Y q�y� CONTRACTORS CASUALTY AND SURETY COMPANY vQvoRPORq�sG� SEAL Robert O 1991 bert W. Adler, Sr.,President -�66yFw Y 036. )`N�a Powers iawolid iflaet five nw&ers ire upper left corns am not in RBD. STATE OF NEW YORK ss. ' COUNTY OF RICHMOND On this 12th day of November , 19-21, 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 r No.43-4958057 _ Qualified in RichR10"d County Notary Public Commission Expires September 11,1993 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 attorney-in-fact as provided in Article XII, Section 5,of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature of facsimile seal shall be valid and binding on the Company when so affixed with respect to any bond, undertaking, recognizance or other instrument of similar nature, with like effect as if such signature and such seal had been manually made and affixed." IN WITNESS WEREOF, I have hereunto set may hand and affixed the corporate seal of the Company to these pre- sent this 3rd day of June 19 94_ (Seal) ��p.1.T Y As vP ORPORA G _ «, cSEAL to Helen H. Adler, Secretary y 1991 66�ccw Yp�yao iV00 ,tiN a h CONTRACTORS CASUALTY AND SURETY COMPANY Home Office: Staten Island, New York Financial Statement - December 31 , 1993 Assets Stocks and Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 814,426 Cash and Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838,624 Premium Balances (under 60 days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130,961 Accrued Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,586 OtherAssets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93.657 Total Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.887,254 Liabilities Reserve for unearned premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 188,638 Claim reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184,000 Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197,884 Total Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 570,522 Capital and Surplus Capital Paid-in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316.732 Total Policyholders' Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,316 732 Total Liabilities , Capital & Surplus . . . . . . . . . . . . . . . . . . . . . . $1 ,887—!.=2-54 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 , 1993. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this first (1st) day of April , 1994. Robert W. Adler, Sr. , President SPEC=F=CAT=ONS i I ENERGY C ONS ERVAT=ON FULL— SPECTRUM POLAR= ZED L=GHT=NG AND RELATED WORK SOUTHOLD TOWN HALL SOUTHOLID POLICE STATION HUMAN RESOURCES CENTER �oS�FfOL��OG THOMAS H. WICK [AM SUPERVISOR TOWN OF SOUTHOLD • P. O. BOX 1179 y�ol dao SOUTHOLD, NEW YORK 11971 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. • Energy Conservation Consulting • Full Spectrum Polarized Lighting • Environmental Conservation • Expert Testimony i 3 Harbor Hill Drive • Huntington,New York 11743 (516)427-0723 May 16 , 1994 PROJECT DESCRIPTION SOUTHOLD TOWN HALL INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL _ CEILING RESTORATION DUCT CLEANING ELECTRIC HOT WATER HEATER, EXIT SIGNS SOUTHOLD POLICE STATION INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL CEILING RESTORATION DUCT CLEANING DUCTWORK MODIFICATIONS EXIT SIGNS HUMAN RESOURCES CENTER SOUND AVENUE MATTITUCK, NEW YORK INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS DUCT CLEANING , ACOUSTICAL TILE RESTORATION NEW HOT AIR FURNACE , EXIT SIGNS REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEER: DANIEL KARPEN, 3 HARBOR HILL DRIVE, HUNTINGTON, N. Y. 11743 (516 ) 427-0723 . 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 . INVITATION TO BID PROJECT: ENERGY CONSERVATION - SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, SOUTHOLD POLICE STATION, MAIN ROAD, PECONIC, NEW YORK, AND HUMAN RESOURCES CENTER, SOUND AVENUE, MATTITUCK, NEW YORK. WORK CONSISTS OF NEW LIGHTING FIXTURES , EXIT SIGNS , DUCT CLEANING, DUCTWORK MODIFICATIONS , PIPE INSULATION, NEW PROPANE FIRED FURNACE, AND ACOUSTICAL TILE RESTORATION. The Town Board of the Town of Southold will receive bids for furnishing all labor, materials , and equipment as specified for alterations to the Southold Town Hall , Southold Police Station, and the Human Resources Center, in accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional Engineer & Consultant , P . C. , 3 Harbor Hill Drive, Huntington, N. Y. 11743 . Bids will be received at the offices of the Southold Town Clerk, Southold Town Hall , 53095 Main Road, Southold, New York 11971 until 10 : 00 A. M. prevailing time, June 3 , 1994 , at which time they will be opened and the bids read aloud. A fee of twenty-five ($25 . 00) , cash or check, made payable to the Town of Southold will be required for one ( 1) set of the Contract Documents . This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for the 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 , or to accept or reject certain listed items , and to hold open bids for 120 days from the date of bid opening. This work is subject to a possible Not- For-Profit Energy Incentive Program energy conservation matching grant from the New York State Energy Office. 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 for each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder for any contract in excess of $20 , 000 . A. walk through for-- the convenience of contractors wishing _ _ to bid will take place at 10 : 00 A. M. at Town Hall on May 31 , 1994 . Dated: May 16 , 1994 BY . ORDER OF .THE SOUTHOLD TOWN BOARD By: , Judith T. Terry Southold Town Clerk • i INDEX TO SPECIFICATIONS Bidding Requirements Number of Pages Invitation to Bid 1 Instructions to Bidders 3 Index to Drawings I Proposal Form 3 Statement of Non-Collusion 2 N. Y. S . Affirmative Action Certification I AIA Bid Bond I Offer of Surety 1 General Conditions AIA General Conditions 24 Supplemental General Conditions 2 General Release 1 Prevailing Wage Rates 37 Compliance with Labor Law 4 Non-Discrimation Clause 2 Division 1 General Requirements Summary of Work 1 Applicable Codes 1 Substitutions 2 Division 9 Finishes Acoustical Tile Treatment I Division 15 Mechanical Systems Pipe Insulation 2 New Propane Fired Hot Air Furnace I Electric Hot Water Heater Ductwork Modifications 1 Duct Cleaning 2 Division 16 Electrical Fixtures 3 Exit Signs I INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided . The bidders shall write in ink , both in words & numerals , the price for which he proposed : to furnish all materials , plant , equipment , tools , shoring or bracing , scaffolds , or other faci 1 ities , & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications , and subject at all times to the approval of t h e Engineer. 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 . , trade of work, and building names . 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 Engineer who may issue a written instruction to all bidders . ENERGY CONSERVATION B 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 . AWAR p 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 120 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award . The Town reserves the right to waive any technical error, to accept any bid , or to reject any or all bids . The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum) " . The Town will either award the proiect or reject all proposals received within one hundred twenty (120) days after the formal opening of proposals . The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal . The-Town-may elect to award certain listed items and to reject other listed items . 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 . ENERGY CONSERVATION B - 2 INSTRUCTIONS TO BIDDERS A . PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided . The bidders shall write in ink , both in words & numerals , the price for which he proposed : to furnish all materials , plant , equipment , tools, shoring or bracing , scaffolds , or other facilities , & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications , and subject at all times to the approval of the Architect . Each proposal must be signed in writing with the full name and address of bidder . Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal " bearing title of work , and Bidders Name . No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated . B. PROPOSAL GUARANTY A proposal wi 11 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 Engineer who may issue a written instruction to all bidders . ENERGY CONSERVATION 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 120 days pending execution of a contract by successful bidder . The competency and responsibility of the bidder and his sub-contractors will be considered in making the award . The Town reserves the right to waive any technical error , to accept any bid , or to reject any or all bids . The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum) " . The Town will either award the proiect or reiect all proposals received within one hundred twenty (120) days after the formal opening of proposals . The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal . The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein . The amount of the bonds shall not be less than one hundred percent ( 100%) of the contract price of the work . F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative ' s written request presented not later than the hour set for the opening thereof , will be given permission to withdraw his proposal . At the time of opening the proposals , when such proposals are reached, it will be returned to him unread . ENERGY CONSERVATION B - 2 INDEX TO DRAWINGS I EHR-1 Human Resources Center E-1 Police Station E-2 Police Station EC-1 Town Hall EC-2 Town Hall 3 9 7 PROPOSAL FORM DATE : / NAME OF BIDDER : FFFI 1 104 Middleville Road 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 : May 16 , 1994 , 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 : ENERGY CONSERVATION IMPROVEMENTS TOWN HALL, POLICE STATION, HUMAN RESOURCES CENTER and all other work in connection therewith , in accordance with the contract documents and addenda, if any , oreoared by Daniel Karpen, Professional Engineer, 3 Harbor Hill Drive , Huntington, New York 11743 , 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, I _ 72 --- �l Contractor Bids Contractors may bid on the various listed items . The Town of Southold reserves the right to reject or accept a portion, or any and all bids on the listed items , and to accept/reject bids as may be required depending upon the ultimate determination of the work to be done. This work is subject to a New York State Energy Office grant. Due to the procedures of the New York State Energy Office, it is necessary to obtain bids on each and every listed item_ 4 Do not provide lumy sum bids combining various listed items. Such bids have a high probability of rejections . Write out in words and numbers the amounts for each listed item that you are bidding on. TOWN HALL[ Electrical, Lighting Electical, exit signs New Electric Hot Water Heater 77 Acoustical Tile Restoration Duct Cleaning POLICE STATION Electrical, Lighting Electrical, exit sign retrofits Electrical, new exit sign ✓c2t'G�[ 7�LcQ��s� '�ce v 60 dte Acoustical Tile Restoration Duct Modifications Duct Cleaning EPPMENCY C 144 Middle Name of Contractor Nw* port. NY 117 ' " HUMAN RESOURCES CENTER v Electrical, Lighting Electrical; _ Exit Signs Duct Cleaning New Propane Space Heater Insulate Domestic Hot Water Lines ` Acoustical Tile Restoration `. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall have been deposited in the mail addressed to him at the address given in the proposal , • that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the .certified gheck shall be returned to the bidder within (120) one hundred twenty days after the date of opening the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of (120) one hundred twenty days after bid opening, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: E�FlCtR>`tCY CONTRACTOR MOM"". W 11768 Telephone Number: Date: D - 2 STATEMENT OF NOWT-COLLUSION = (To be Completed by Each Bidder) i 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. f I E — 1 i • i / = R E S O L U T I O N Resolved that be (Name of Corporation) i authorized to sign and submit the bid or proposal of this corperation for the following Project: i (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 'I (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 E — 2 NEEM YCRK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting -contract: BIDDER'S CERTIFICATION (Bidder) Certifies that : 1 . it intends to use the following list a� const ryact i on 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 radeseing : ; 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 . (Si ature of Authorized Representative of Bidder) F - 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that W( ere 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) (Surety) (Seal) (Witness) (Title) CAUTION: You should sign an original AIA document wich "as this caution 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 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. OFFER OF SURETY (To be completed by Each Bidder) In the event the aboveroposal is accepted and the undersigned is P P 9 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. G - 1 ENERGY CONSERVATION 3 PROPOSAL FORM DATE. June 2, 1994 NAME OF BIDDER: Lademann Electric, Inc. 1625 Stillwater Ave. Cutchogue, N.Y. 11935 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: May 16 , 1994 , 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 : ENERGY CONSERVATION IMPROVEMENTS TOWN HALL, POLICE STATION, HUMAN RESOURCES CENTER and all other work in connection therewith, in accordance with the contract documents and addenda, if any. oreoared by Daniel Karpen, Professional Engineer, 3 Harbor Hill Drive, Huntington, New York 11743 , 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, Contractor Bids Contractors may bid on the various listed items . The Town of Southold reserves the right to reject or accept a portion, or any and all bids on the listed items , and to accept/reject bids as may be required depending upon the ultimate determination of the work to be done. This work is subject to a New York State Energy Office grant. Due to the procedures of the New York State Energy Office , it is necessary to obtain bids on each and every listed item. - Do not provide lump sum bids combining various listed items . Such bids have a high probability of rejections . Write out in words and numbers the amounts for each listed item that you are bidding on. TOWN HALL[ Electrical , Lighting ------------------------- Electical , exit signs $1 , 700. 00 New Electric Hot Water Heater '---------- ----------- Acoustical Tile Restoration ------------------------- Duct Cleaning - POLICE STATION Electrical, Lighting $18 , 300. 00 Electrical, exit sign retrofits $520. 00 Electrical , new exit sign $300 . 00 Acoustical Tile Restoration ------ ------------------------- Duct Modifications -------------- -------------------------- Duct Cleaning Lademann Electric, Inc. Name of Contractor , ' • HUMAN RESOURCES CENTER Electrical , Lighting $19, 900. 00 Electrical; _ Exit Signs $960. 00 Duct Cleaning New Propane Space Heater ---------------------------------- Insulate Domestic Hot Water Lines -------------------------- coustical Tile Restoration ------------------------------- And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages ; otherwise the certified qheck shall be returned to the bidder within (120) one hundred twenty days after the date of opening the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of (120) one hundred twenty days after bid opening, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address : Lademann Electric, Inc. 1625 Stillwater Ave. Cutchogue, N.Y. 11.935 Telephone Number: 516-734-7206 Date: June 2, 1994 D — 2 $25.00 Fee (not refundal* • • Postage: $2.90 BID - ENERGY CONSERVATION PROJECT BID OPENING: 10:00 A.M., Friday, June 3, 1994. 1. Town Clerk Copy. 2. Dodge Reports 3. Brown's Letters ,/25 4. Indoor Air Professionals of NY, 17 Technology Dr. , East Setauket, NY 11733-751-4300 David Raines 5/26 5. E.E.C.O. Electric Corp. , 35650 C. R. 48, Peconic, NY 11958-765-5544-Cliff Cornell _1/27 6. Construction Consultants, Joe Itzkowitx, Pres. , 125-A West Broadway, Port Je f 11677 516- 474-4774 Fax-474-4770 5131 7. Lademann Electric Inc. , 1625 Stillwater Ave. , Cutchogue NY 11935 734-7206 Michael Lademann /31 8. Avey Electric, Inc. , P.O. Bpx 1429, Patchogue,N.Y. 11772 Paul Avenoso,Pres. 758-2839 Fax 758-2608 5/31 9. RCS Air Duct Cleaning, Inc, 380 Florida Ave. , Copiague, N.Y. 11726 Richard Heldpaes 789-4318 Fax 789-9077 5/31 10. Efficiency Const., 104 Middleville Rd. , Northport, N.Y. 11768 Ken McRobb 757-8822 5/31 11 . CAPCO, 68 Cain Dr. , Brentwood, NY 11717 Attn: Jeff 435-3768 6/112. Allen Electric Service, In.c, 12 Bridal Path Lane, Port Jefferosn, N.Y. 11777 751-7660 Fax 751-7726 Robt. Pearlman, Pres. 13. 14. 15. 16. 17. 18. DANIEL KARPEN � - I1 PROFESSIONAL ENGINEER&CONSULTANT, P.C. V 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-11723 May 27 , 1994 RECEIVED Lauren Grant JUN 1934 Town of Southold P . 0. Box 1179 SOUthold Southold, N. Y. 11971 Dear Lauren: RE: HUMAN RESOURCE CENTER One of the contractors on the walk-through today pointed out a serious problem with the kitchen air conditioning system at the Human Resources Center. The kitchen air conditioning system presently uses return air from the kitchen rather than from outside the kitchen. The result is that the return ductwork is going to be filled with grease from cooking in the kitchen. The cooling coil will also get clogged up with grease as well . What is going to have to be done is that the ductwork will have to be modified so return air comes from outside the kitchen. The manager of the Human Resources Center was informed of the problem. Please get back to me as soon as possible. Yours truly, Daniel K r en Bid ei#List Town of Southold Ken McRobb Efficiency Energy Systems 104 Middleville Road Northport, N. Y. 11768 Jim Sage Electric P. 0. Box 38 Greenport, N. Y. 11944 Steve Rosin QC Electric Box 518 Laurel, N. Y. 11948 Lademan Electrical 1625 Stillwater Avenue Cutchogue, N. Y. 11935 Mike Egan HungRite Ceilings 34 Westwood Road South Massapequa Park, N. Y. 11762 Tomco Painting 77 Windsor Place Unit 13 f� Central Islip, N. Y. 11722 (� RCS Duct Cleaning 380 Florida Avenue Copauge, N. Y. 11728 Gene Heacock 3515 Cedar Beach Road Southo N. Y. 11971 c0 ff__� � 1S1L Vt Ir L J ►� clic�� �1 e�� u C-0 lit ctt�7 IM a C U Oke � H�L C� - LEG-ALIW'NOTICE 70 TO L .SERA, STATE. . NEW YORK) PROJECT: ENERGY CONSER- VATION—SOUTHOLD TOWN ) SS: HALL, MAIN ROAD, COUNTY OF SUFFOLK) SOUTHOLD, NEW YORK, A t 1. �`^ � SOUTHOLD POLICE STATION, 'v" �l/era. �/ of Mattituck, in MAIN ROAD, PECONIC, NEW YORK, AND HUMAN RE- said County, being duly sworn, says that he/she SOURCES CENTER, SOUND is Principal Clerk of THE SUFFOLK TIMES, a AVENUE, MATTITUCK, NEW YORK. Weekly Newspaper, published at Mattituck, in WORK CONSISTS OF NEW the Town of Southold, County of Suffolk and LIGHTING FIXTURES, EXIT SIGNS, DUCT CLEANING, State of New York, and that the Notice of which DUCTWORK MODIFICATIONS, PIPE INSULATION, NEW the annexed is a printed copy, has been regular- PROPANE FIRED FURNACE, ly published in said Newspaper once each week AND ACOUSTICAL TILE RESTORATION. for �_ weeks successively, immencing on The Town Board of the Town of the --2.((Lday of 19 . Southold will receive bids for fur- nishing all labor,materials,and equip- ment as specified for alterations to the Southold Town Hall, Southold Police Station, and the Human Resources CHRISTINA VOLINSKI � _ Center, in accordance with the Mprry Public,State of New York &t4lA h NOW Drawings and Specifications prepared No. 5004884 Principal Clerk by Daniel Karpen, Professional Qualified in Suffolk County Engineer&Consultant,P.C.,3 Harbor i n Expirreeg No v ember 23. Hill Drive,Huntington,N.Y.11743. 1�1 /•� r Bids will be received at the offices Of the Southold Town Clerk,Southold Sworn o fore me Town Hall, 53095 Main Road, Southold,New York 11971 until 10:00 day 6007M 19 A.M.prevailing time,June 3, 1994,at which time they will be opened and the bids read aloud. A fee of twenty-five($25.00),cash or check,made,payable to the Town of Southold will be required for one (1) set of the Contract Documents. This invitation to bid is notan offer and shall in no way bind the Town of Southold to award a contract for the performance of the project.Should the Town of Southold decide to award a 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, or to accept or reject certain listed items,and to hold open bids for 120 days from the date f of bid opening.This work is subject to a possible Not-For-Profit Energy Incentive Program energy conserva- tion matching grant from the New York State Energy Office. The CON- TRACTOR SHALL NOT withdraw his bid during this period. F Bid Security in the form of a cer- tified check or Bid Bond in the amount Of 5%of the Base Bid will be required R for each bidder. & Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder for any contract in excess of $20,000. A walk through for the convenience of contractors wishing to bid will take place at 10:00 A.M. at Town Hall on May 31, 1994. Dated:May 16, 1994 JUDITH T.TERRY SOUTHOLD TOWN CLERK 7942-1 TMy26 a l COUNTY OF SUFFOLK STATE, OF NEW YORK ss: LEGAL NOTICE The Town of Southold NOTICE TO BIDDERS reserves the right to waive any informalities,and to reject any PROJECT. ENERGY or all bids, or to accept or re- Patricia Wood , being duly sworn, CONSERVATION, jectcertainlisteditems,and tosays that she is the Editor, of the SOUTHOLD TOWN hold open bids for 120 days TRAVELER—WATCHMAN, a public HALL, MAIN ROAD, from the date of bid opening. newspaper printed at Southold , in SOUTHOLD, NEW YORK, This work is subject to apossi- Suffolk County; and that the notice SOUTHOLD POLICE STA- ble Not-For-Profit Energy In- of which the annexed is a printed TION, MAIN ROAD, centive Program energy con- PECONIC, NEW YORK servation matching grant from copy, has been published in said AND HUMAN the New York State Energy Traveler—Watchman once each week RESOURCES CENTER, Office. The CONTRACTOR for SOUND AVENUE, MAT SHALL NOT withdraw his . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .weeks TITUCK, NEW YORK. bid during this period. WORK CONSISTS OF Bid Security in the form of succe�!�s fTrely, commencing on the NEW LIGHTING FIX- a certified check or Bid Bond . . . . . TURES, EXIT SIGNS, in the amount of 5016 of the _ DUCT CLEANING, Base Bid will be required for DUCTWORK MODIFICA- each bidder. day of . . . . . . . . TIONS, PIPE INSULA Performance and Payment TION, NEW-PROPANE Bonds in the amount of 100% 19 . '��' ' FIRED FURNACE, AND of the Contract Price will be re of the successful bid- AOOUSTICAL TILE �` required i_ RESTORATION. der for any contract in excess • • • • • • • • • • • • • • • • • • • • • • • • • . 2 f$ 0,000. The Town Board of the o _ Town of Southold will receive A walk through for the con- bids for furnishing all labor, venience ,of, contractors wishing to bid will take lace materials, and equipment as g p specified for alterations to the at 10:0019 at Town Hall on Sworr to before me on this Southold Town Hall,Southold May 31, Police: Station, and the Dated: May 16, 1994 • • •` • • day of Human Resources Center, in JUDI`T'H T. TERRY accordance with the Drawings SOUTHOLD TOWN CLERK 19' 5! and Specifications prepared by 1' • • • . • .X-5/26/94(7) . . . . . . . . . . . . . . . . . . . Daniel Karpen, Professional • . . . Engineer&Consultant,PC,3 Harbor Hill Drive, Hun- tington, NY 11743. Bids will be received at the / offices of the Southold Town • • _ -;e/c ��; , Clerk, Southold Town Hall, • • • • • • . • • • • • 53095 Main Road, Southold, Notary Public New York 11971 until 10:00 BARBARA A. SCHNEIDER A.M. prevailing time, June 3, NOTARY PUBLIC,State of Nevr YaR 1994, at which time they will No. 4806846 be opened and the bids read Qualified in Suffolk C aloud. Commission Expires �i A fee of twenty-five ($25.00),1 cash or check,made payable to the Town of Southold will be required for one (1) set of the Contract Documents. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for the per. formance of the project. Should the Town of Southold L decide to award a contract, it shall be awarded to the lowest responsible bidder.. 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 20th day of May , 1994, 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 - Project - Energy Conservation, Southold Town Hall, Police Headquarters, Human Resource Center. Bid opening : 10 :00 A.M. , Friday, June 3, 1994, Southold Town Clerk's Office. '--Judith T. Terry Southold Town Clerk Sworn to before me this 20th day of May 1994. Notary Public JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk Cou Term Expires June 12,19� LEGAL NOTICE NOTICE TO BIDDERS PROJECT: ENERGY CONSERVATION - SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, SOUTHOLD POLICE STATION, MAIN ROAD, PECONIC, NEW YORK, AND HUMAN RESOURCES CENTER, SOUND AVENUE, MATTITUCK, NEW YORK. WORK CONSISTS OF NEW LIGHTING FIXTURES , EXIT SIGNS , DUCT CLEANING, DUCTWORK MODIFICATIONS , PIPE INSULATION, NEW PROPANE FIRED FURNACE, AND ACOUSTICAL TILE RESTORATION. The Town Board of the Town of Southold will receive bids for furnishing all labor, materials , and equipment as specified for alterations to the Southold Town Hall , Southold Police Station, and the Human Resources Center , in accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional Engineer & Consultant , P . C . , 3 Harbor Hill Drive , Huntington, N. Y. 11743 . Bids will be received at the offices of the Southold Town Clerk, Southold Town Hall , 53095 Main Road , Southold, New York 11971 until 10 : 00 A. M. prevailing time , June 3 , 1994 , at which time they will be opened and the bids read aloud . A fee of twenty-five ($25 . 00) , cash or check, made payable to the Town of Southold will be required for one ( 1) set of the Contract Documents . This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for the 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 , or to accept or reject certain listed items , and to hold open bids for 120 days from the date of bid opening. This work is subject to a possible Not- For-Profit Energy Incentive Program energy conservation matching grant from the New York State Energy Office . 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 57 of the Base Bid will be required for each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder for any contract in excess of $20 , 000 . A.walk through fot% the convenience of contractors wishing _ to .bid will take place at 10 : 00 A. M. at Town Hall on May 31 , 1994 . Dated: May 16 , 1994 JUDITH T. TERRY SOUTHOLD TOWN CLERK 0 Page 2 - Energy Conservation PLEASE PUBLISH ONLY MAY 26, 1994, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Brown's Letters Dodge Reports LEGAL NOTICE NOTICE TO BIDDERS PROJECT: ENERGY CONSERVATION - SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, SOUTHOLD POLICE STATION, MAIN ROAD, PECONIC, NEW YORK, AND HUMAN RESOURCES CENTER, SOUND AVENUE, MATTITUCK, NEW YORK. WORK CONSISTS OF NEW LIGHTING FIXTURES , EXIT SIGNS , DUCT CLEANING, DUCTWORK MODIFICATIONS, PIPE INSULATION, NEW PROPANE FIRED FURNACE, AND ACOUSTICAL TILE RESTORATION. The Town Board of the Town of Southold will receive bids for furnishing all labor, materials , and equipment as specified for alterations to the Southold Town Hall , Southold Police Station, and the Human Resources Center , in accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional Engineer & Consultant , P. C . , 3 Harbor Hill Drive, Huntington, N. Y. 11743 . Bids will be received at the offices of the Southold Town Clerk, Southold Town Hall , 53095 Main Road, Southold, New York 11971 until 10 :00 A. M. prevailing time , June 3 , 1994 , • at which time they will be opened and the bids read aloud. A fee of twenty-five ($25 .00) , cash or check, made payable to the Town of Southold will be required for one (1) set of the Contract Documents . This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for the 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 , or to accept or reject certain listed items, and to hold open bids for 120 days from the date of bid opening. This work is subject to a possible Not- For-Profit Energy Incentive Program energy conservation matching grant from the New York State Energy Office . 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 for each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder for any contract in excess of $20 ,000 . A.walk through. fcr% the convenience of contractors wishing to .bid will take place at 10 : 00 A. M. at Town Hall on May 31 , 1994 . Dated: May 16 , 1994 JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Energy Conservation PLEASE PUBLISH ONLY MAY 26, 1994, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Brown's Letters Dodge Reports LE LNOTICE NOTICE TO BIDDERS PROJECT: ENERGY CONSERVYOIROKN SOUTHOLDLPOLI E STATION,TOWN LL, IMAIN�, SOUTHOLD, NEW ROAD, PECONEC, NEW POCK, NEW HUMAN RESOURCES CENTER, SOUND AVENUE, WORK CONSISTS OF NEW LIGHTING FIXTURES , EXIT SIGNS , DUCT CLEANING,FIREDCTORK FURNACE, ANDCACOUSTICALPINSULATION, TILERESTOR.ATION. NEW PROPROPANEE The Town Board of the Town of Southold will receive bids for furnishing all labor, materials , and equipment as specified for alterations to the Southold Town Hall , Station, and the Human Resources Center , in accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional Engineer & Consultant , P . C. , 3 Harbor Hill Drive , Huntington, N. Y. 11743 . Bids will be received at the offices of the Southold Town Clerk, Southold Town Hall , 53095 Main Road, Southold, New York 11971 until 10 :00 A. M. prevailing time , June 3 , 1994 , at which time they will be opened and the bids read aloud. A fee of twenty-five ($25 .00) , cash or check, made payable to the Town of Southold will be required for one (1) set of the Contract Documents . This invitation to bid is not an offer and shall in no erformance bind the Town of Southold to award a contract for the p of the project. Should f theuthold lowestdecide tresponsibleard a contract , it shall be awarded to bidder. The Town of Sbids , reserves fhe or toght to acceptworvrejecticertainities , and to reject any or all , listed items, and to hold open bids for 120 days from the date of bid opening. This work is subject to a consepossilervaton Not- ng For-Profit Energy Incentive Program energy ergye. The CONTRACTOR atch grant from the New York State Energy 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 for each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price willbe require of the successful bidder for any contract in excessof ors tobid will takethrOUgh- for% theplace atn10 : 00nce A. Mf atnTowntHallwon May 31 , 1994 . to .bid will take p Dated: May 16 , 1994 JUDITH T. TERRY SOUTHOLD TOWN CLERK * * Page 2 - Energy Conservation PLEASE PUBLISH ONLY MAY 26, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Brown's Letters Dodge Reports SPECIF=CAT=ONS ENERGY C ON S ERVAT = ON FULL— SPECTRUM POLAR= ZED LIGHT =NG AND RELATED WORK SOUTHOLD TOWN HALL SOUTHOLD POLICE STATION HUMAN RESOURCES CENTER S�FfocK�o THOMAS H• WICKHAM SUPERVISOR H T TOWN OF SOUTHOLD �o o� P. O. BOX 1179 SOUTHOLD, NEW YORK 11971 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. • Energy Conservation Consulting • Full Spectrum Polarized Lighting • Environmental Conservation • Expert Testimony 3 Harbor Hill Drive • Huntington,New York 11743 (516)427-0723 May 16 , 1994 IR PROJECT DESCRIPTION SOUTHOLD TOWN HALL INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL _ CEILING RESTORATION DUCT CLEANING ELECTRIC HOT WATER HEATER, EXIT SIGNS SOUTHOLD POLICE STATION INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL CEILING RESTORATION DUCT CLEANING DUCTWORK MODIFICATIONS EXIT SIGNS HUMAN RESOURCES CENTER SOUND AVENUE MATTITUCK, NEW YORK INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS DUCT CLEANING , ACOUSTICAL TILE RESTORATION NEW HOT AIR FURNACE , EXIT SIGNS REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEER: DANIEL KARPEN, 3 HARBOR HILL DRIVE, HUNTINGTON, N. Y. 11743 (516) 427-0723 . 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 . 1 INDEX TO SPECIFICATIONS Bidding Requirements Number of Pages Invitation to Bid 1 Instructions to Bidders 3 Index to Drawings I Proposal Form 3 Statement of Non-Collusion 2 N. Y. S . Affirmative Action Certification I AIA Bid Bond I Offer of Surety 1 General Conditions AIA General Conditions 24 Supplemental General Conditions 2 General Release 1 Prevailing Wage Rates 37 Compliance with Labor Law 4 Non-Discrimation Clause 2 Division 1 General Requirements Summary of Work 1 Applicable Codes 1 Substitutions 2 Division 9 Finishes Acoustical Tile Treatment I Division 15 Mechanical Systems Pipe Insulation 2 New Propane Fired Hot Air Furnace I Electric Hot Water Heater I Ductwork Modifications I Duct Cleaning 2 Division 16 Electrical Fixtures 3 Exit Signs s • INVITATION TO BID PROJECT: ENERGY CONSERVATION - SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, SOUTHOLD POLICE STATION, MAIN ROAD, PECONIC, NEW YORK, AND HUMAN RESOURCES CENTER, SOUND AVENUE, MATTITUCK, NEW YORK. WORK CONSISTS OF NEW LIGHTING FIXTURES , EXIT SIGNS , DUCT CLEANING, DUCTWORK MODIFICATIONS , PIPE INSULATION, NEW PROPANE FIRED FURNACE, AND ACOUSTICAL TILE RESTORATION. The Town Board of the Town of Southold will receive bids for furnishing all labor , materials , and equipment as specified for alterations to the Southold Town Hall , Southold Police Station, and the Human Resources Center, in accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional Engineer & Consultant , P . C . , 3 Harbor Hill Drive, Huntington, N. Y. 11743 . Bids will be received at the offices of the Southold Town Clerk, Southold Town Hall , 53095 Main Road, Southold, New York 11971 until 10 : 00 A. M. prevailing time, June 3 , 1994 , at which time they will be opened and the bids read aloud. A fee of twenty-five ($25 . 00) , cash or check, made payable to the Town of Southold will be required for one ( 1) set of the Contract Documents . This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for the 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 , or to accept or reject certain listed items , and to hold open bids for 120 days from the date of bid opening. This work is subject to a possible Not- For-Profit Energy Incentive Program energy conservation matching grant from the New York State Energy Office. 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 for each bidder . Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder for any contract in excess of $20 , 000 . A. walk through for the convenience of contractors wishing _ _. to bid will take place at 10 : 00 A. M. at Town Hall on May 31 , 1994 . Dated: May 16 , 1994 BY. ORDER OF THE SOUTHOLD TOWN BOARD By: : Judith T. Terry Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided . The bidders shall write in ink , both in words & numerals , the price for which he proposed : to furnish all materials , plant , equipment , tools , shoring or bracing , scaffolds , or other facilities , & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications , and subject at all times to the approval of t h e Engineer. 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 . , trade of work, and building names . 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 Engineer who may issue a written instruction to all bidders . ENERGY CONSERVATION B 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. AWAR p 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 120 days pending execution of a contract by successful bidder . The competency and responsibility of the bidder and his sub-contractors will be considered in making the award . The Town reserves the right to waive any technical error, to accept any bid , or to reject any or all bids . The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum) " . The Town will either award the proiect or reject all proposals received within one hundred twenty (120) days after the formal opening of proposals . The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal . The-Town_-may elect to award certain listed items and to reject other listed items . 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 . ENERGY CONSERVATION B - 2 --------------- t 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 him in his Proposal , but not more than ninety (90) working days . ENERGY CONSERVATION B - 3 i INDEX TO DRAWINGS EHR-1 Human Resources Center E-1 Police Station E-2 Police Station EC-1 Town Hall EC-2 Town Hall 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 : May 16 , 1994 , 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 wi l l 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 : ENERGY CONSERVATION IMPROVEMENTS TOWN HALL, POLICE STATION, HUMAN RESOURCES CENTER and all other work in connection therewith , in accordance with the contract documents and addenda, if any. oreoared by Daniel Karpen, Professional Engineer, 3 Harbor Hill Drive, Huntington, New York 11743 , 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, Contractor Bids Contractors may bid on the various listed items . The Town of Southold reserves the right to reject or accept a portion, or any and all bids on the listed items , and to accept/reject bids as may be required depending upon the ultimate determination of the work to be done. This work is subject to a New York State Energy Office grant . Due to the procedures of the New York State Energy Office, it is necessary to obtain bids on each and every listed item. - Do not provide lump sum bids combining various listed items . Such bids have a high probability of rejection; . Write out in words and numbers the amounts for each listed item that you are bidding on. TOWN HALL[ Electrical , Lighting Electical , exit signs New Electric Hot Water Heater Acoustical Tile Restoration Duct Cleaning POLICE STATION Electrical , Lighting Electrical , exit sign retrofits Electrical , new exit sign Acoustical Tile Restoration Duct Modifications Duct Cleaning Name of Contractor HUMAN RESOURCES CENTER Electrical , Lighting Electrical , . Exit Signs Duct Cleaning New Propane Space Heater Insulate Domestic Hot Water Lines Acoustical Tile Restoration And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10) days after notice of the acceptance of said proposal , shall have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages ; otherwise the certified qheck sha i 1 be returned to the bidder within (120) one hundred twenty days after the date of opening the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of (120) one hundred twenty days after bid opening, 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: D - 2 4 STAMN ENT OF NON-COLLUSION = _ (To be Completed by Each Bidder) I 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. I I E — 1 1 i R E S O L U T I O N Resolved that be (Name of Corporation) i 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 day of 19 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 E — 2 NEW YCRK 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 apart of its bid d the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that : 1 . it intends to use the following listed construction trades in the work under the contract ; and, 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 . t (Signature of Authorized Representative of Bidder) i F - 1 t 3 • • t. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 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) (Surety) (Seal) (Witness) (Title) CAUTION: You should sign an original AIA document 4hich has this caution printed in red. An original assures that changes will riot 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. I OFFER OF SURETY (To be completed by Each Bidder) I 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. G - 1 ENERGY CONSERVATION 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 i I AIA Document A201 General Conditions of the Contract for Construction THIS D0CL'.1IE.VT HAS LIIPORTA:VT LEGAL CO:V,SEQL'E:VCES: COASI.'LT.ITIO.V WITH AA ATTORAEY IS E.VCOLRAGED WITH RESPECT TO ITS.110DIFICATIU.V 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COIMPLETION 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, 1966, 1967, 1970, 1976,©1987 by The American Institute of Architects, 171; New York Avenue.N.W.,\Vashington,D.C.,2oo06.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. t 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• FOURTEENTH EDITION AIA' • J 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2txrKi A201-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. r INDEX i 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, 13.5.4 Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1,3.It 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, t 1.3.1.2, Additional Time.Claims for. . . . . . . . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 11-3.4. 1 1.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . . . . . . . 3.3-3,4,9.4,9.5 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 . . . . 3.1 1,4.2.8.7,8.3.1,9.3.1.1, 10.1.3 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 Claim.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.1 All-risk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.1.1 Claims and Disputes . . . . . . . . . . . . . . . . 4.3,4.4,45,b.25,8.3.2. Applications for Payment . . 4.25.'.3.7.9.2,9.3,9.4,9.5.1,9.6.3, 9.3.l.2, 9.3.3, 9.10.4, 10.1.4 9.8.3, 9-10 1, 9.10.3, 9.10.4, 1 1.1.3, 14.2.4 Claims and Timely Assertion of Claims 4.5.6 Approval, . . . . 2.4. 3.3.3,i.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.', 9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time. . . . . . . . . . . . 4.1 6.4.3.8,4.3.9.8.3.2 Arbitration . . . . . . . . . . . . . 4.t.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, 1. . . . . . . . . . . . . . 13.10 Claims for Damages. . .3.18. 4.3.9,0.1.1.6.2.x,8 3 2,9.i 1.2, 10.1.4 Architect . . . . 4.1 Claims Subject to Arbitration. . . . . . . . . . . . +.3.2. 1.4.4,45.1 . Architect.Definition of. . . . . . . . . . . . . . . . . . 4.1.1 Cleaning Up . . . . . . . . . . . . . . . . . . . 3.15,o.3 Architect.Extent of Authority . . . . . . 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period 13.7 4.4. 5.3, 6.i, -.1.2. 7.2.1, 7.3.6, 7.4, 9?, 9.3.1, Commencement of the Work.Conditions Rciaung to 2.1 2, 9.4. 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.-.I, 3.10.1. 3.12.0. 4.3.7, i,2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 6.2.2. 8A.2. 8 2.2. L).2. 1 1.1 i, 1 1 1,6. 1 1.4.1 Architect.limitations of Authority and Responsibility . 3.3.i,3.12.8, Commencement of the Work,Definition of. . . 8.l.2 3.12.11. ,.1.2, +.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.', 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 . . . . . . . . . t.9 I.4.2.1.i.2.1 Architect's Additional Services and Expenses . . . . . . . . . . 2.4,9.8.2• Completion,Conditions Relating to . . . . . . . 3.1 1,3 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. 1 1.35. 12.2.2, 13 '.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. ,.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 O.3 3'13.4.I.1, 10.2.2, 1 1.1" Architect's Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3 11 3, 13.1, 13.1.1 135.'. 13.6. 14.1.1, 11.2.1.3 Architect's Decisions.- . . . . . . . . 4.2.6,4.2.7,4.2.1 1, 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, 45, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, Conditions of the Contract . . . . . . . . . . . . . . . . . 1.1.1, 1.l.7,6.l.1 9.2. 9.4, 9.5.1. 9.8.2, 9.9.1, t0.1.2, 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?, 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.t 1,4.2.12,4.3.7 CONTRACTORS . Architect's On-Site Observations . . . . . . . . 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive.Definition of. . . . . . . . . . . . . . '.3.1 9.5.1, 9.10.1, 13.5 Construction Change Directives . . . . 1.1.I.4.2.8,7.1,7.3,9.3.1.1 Architect's Project Representative . . . . . . . ' * * , ' , ' , 4.2.10 Construction Schedules,Contractor's . . . . . . . . . . 3.10,().l.3 Architect's Relationship with Contractor . . . . . . , .2. , 3.2.2, Contingent Assignment of Subcontracts 5.4 3.3.3, 3.5.1, 3.7.3, 3.1 1, 3.12.8, 3.12.1 1, 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, 1 1.3.7, 12.t, 135 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, 14 Architect's Representations. . . . . . . . . . . . . . . . . 9..1.2,9.5.1,9.10.1 Contract Administration . . . . . . . . . . . . . . . . . . . . 3.3.3,4,9.4,95 Architect's Site Visits . . . . . . . . 4.2.2,4.25,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to . . . . . . 3.7.1, 9.8?, 9.9.2, 9.10.1, 13.5 3.10, 5.2, 9.2, 11.1.3, 11.3.6, 1 I.4.1 Ashcstos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l0.I Contract Documents,The . . . . . . . . . . . . . . . . . . . . . . . 1.1, 1.2,7 Attorneys'Fees . . . . . . . . . . . . . . . . . . . . . . . . 3.18.1,9.10.2, 10.1.4 Contract Documents,Copies Furnished and Iise of. . . 1.3,2.2.5,5.3 Award of Separate Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . 6.11 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. . . . . . . . . . . . . .. . . . . 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1 6.1.3, 7.2, 7.3,9.1, 9.7, 1 1.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements. . . . . . . . . . . . . . . . 1.1.1, 1.1.7,5.2.1, 1 1.4.1 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, i 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. . .. .. . . . ... .. ... . .. ...... 8.1.1 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 2 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. i CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Emergencies . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 4.3.7,10.3 Contractor,Definition of . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 1.1.1 3.18.2, 4.2.3, 4.2.6, 8.1.2. 10.2, 10.3, 1 1.l.1, 14.2.1.1 Contractor's Construction Schedules . . . . . . . . . . . . . 3.10,6.1.3 Equipment,Labor,Materials and . . . . . . . . . . 1.1.3, 1.1.6,3.4,3.5.1, Contractor's Employees . . . . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 3.81, 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 6.2.1, 7.3.6. 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Contractor's Liability Insurance. . . . . . . . . . .. . . . . . . . . . . . 11.1 Execution and Progress of the Work . . . . . . . 1.1.3, 1.2.3,3.2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1,4.2.2, 4.2.3, 4.3.4. 4.3.8,6.2.2, 7.1.3, and Owner's Forces . . . . . . 2.2.6,3.12.5,3.14.2,4.2.4,6, 12.2.5 7.3.9, 8.2, 8.3,95, 9.9.1, 10.2, 14.2, 14.3 Contractor's Relationship with Subcontractors . . . . . . . 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 Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2,3.7.1 Contractor's Relationship with the Architect . . . . 1.1.2.31.1,3.2.2, Extensions of Time . . . . . . . . . . . . . 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 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. Failure of Payment by Contractor . . . . . . . . . . . . . . 9.5.l.3, 14.2.l.2 -+.2.12. 5.2.611. 7.3.4, 9.8.2. 11.3.7, 12.1, 13.5 Failure of Payment by Owner . . . . . . . . . . . . . . . . 4.3.7,9.7,14.1.3 Contractor's Representations. . 1.3.2.3.5.1,3.12 6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment . . . . . . . . 4.2.1,4.1.9,4.3.2, Performing the Work . . . . . . . . . . . . . . . . . 3.3.2.3.18,-t 2.3, 10 4.3.5.9.10, 11.1.2. 11.1.3, 1 1.35, 12.3.1, 13.7 Contractor's Review of Contract Documents . . . . . . 1.2.2,3.2,3.7.3 Financial Arrangements,Owner's. . . . . . . . . . . . . . . . . . . . . . . 2.2.1 Contractor'.,Rif ht to Stop the Work . . . . . . . . . . . . . . . . . . . . . . 9.7 Fire and Extended Coverage Insurance . . . . . . . . . . . . . . . . . . 1 L3 Contractor's Right to Terminate the Contract . . . . . . . . . . . . . . 14.1 GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Contractor's Submittals . . . 3.10. i.1 I,3.12,4.2.7.5.2.1,5.2.3, GoverningLaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.1 7.3.6. 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, Guarantees(See 9.10.3, 10.1.2, 11.4?, 11.-4.3 Warranty and Warranties) Contractor's Superintendent . . . . .,. . . . . . . 3.9, 11.2.6 Hazardous Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1, 10.'.4 Contractor's Supervision and Construction Procedures. . . . . . 1.2.4, identification of Contract Documents 5.2.1 3.3. 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers . . . . . . . . . . . . . 5._.L Contricmal Liability insurance. . . . . . . . . . . . . . . . . 11.1.1.7, 11.2.1 Indemnification . . . . . . . 3.17,3.18,c),Io.2, 11.1.4, 11.3.1?, 11.3.7 Coordinat ion and Correiation . . . . . 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 FUrtti.,lll'LI of Drawings and Specifications . . . 1.3,2.2.5,3.11 9.10.3, 10.1.4. 1 11, 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 9.9.1, 12.1.2, 12.2, 13J.1.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . 3.3.3,3.3.1.3.7.1,-4.2.2, Cost.Uctinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.3.6, 14.35 4.2.6,+.2.9, 4.3.6. 9.4.2,9.8.2, 9.9.2, 9.11.1. 13.5 Costs . . . . _'.i.3.2.1,3.-A,3.8.2.3.1 5.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Instructions to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.I.I 6.1.1,6.2.3,6.i,7.3.3.3,'.3.6,-.3.�.9.7,9.8.2,9.10.2, 11.3.1'.2, Instructions to the Contractor. . . . 3.8.1,4.2.8,5.2.1,7, 12.1. 135.2 11 1.1.3, 11.3.4, 11.3.9, 12.1. 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Insurance. . . . . . . 4.3.9.6.1.1,'.3 6.4.9.3-'.9 8.-',9.9.1,9.10.3,1 l Cuttingand Patching 3.14,6.2.6 Insurance,Boiler and Machinery 11.3.2 9. . . . . . . . . . . . . . . . . . . . . . . . . . . Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability . . . . . . . . . . . . . . . . . . 11.1 i 6.2.4,95.I5, 10.2.1.2, 10.2.5, 10 3, 1 1.1, 11.3, 12.2.5 insurance,Effective Date of . . . . . . . . . . . . . . . . . . . . . 8.2.2, 1 1.L2 Damage to the Work . . . . . 3.14.2.9.9.1, 10.2.l.2, 10.2.5, 10.3, 11.3 Insurance,Loss Of Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.3 Damages,Claims for . . 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Insurance,Owner's Liability. . . . . . . . . . . . . . . . . . . . . 11.2 . Damages for Delay. . . . . . . . . . . . . . . . . . . . 6.I.I,8.3.3,9.5.1.6,9.7 Insurance,Property. . . . . . . 10.25,11,3Insurance,Stored Materials 9.3.2, 11.3-1.4 Date of Commencement of the Work,Definition of. . . . . . . . . 8.1.2 Date of Substantial Completion,Definition of. . . . . . . . . . . . . . 8.1.3 INSURANCE AND BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Day.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1.4 Insurance Companies.Consent to Partial Occupancy . .9.9.1, 1 1.3.1 1 Decisions of the Architect . . . . . . 4.2.6,L+.2.7,4.2.1 1,4.2.12,4.2.13, Insurance Companies,Settlement with. . . . . . . . . . . . . . . . . l 1.3.11 4.3.2. 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1,9.2. intent of the Contract Documents . . . . . . . . . . . . . . . 1.2.3.3.12.4, 9.4,9.5.1. 9.8.2, 9.9.1, 10.1.2, 135.2. 14.2.2, 141.4 4.1.6. 4.2.-. -4.2.15. -1.2.13. 7.4 Decisions to Withhold Certification 9.5,9.7, 14.1.1.3 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.6 Detective or Nonconforming Work, Acceptance, Interpretation. . . . . . . . 1.2.5, 1.4.1.5,4.1.i, +.3.l,5.1.6.1.2.8.1.-+ Rejection and Correction of . . . . . . . . . . . . 2.3,2.4,3.5.1,4.2.1, , 4.2.6, 4.3.5,95.2, 9.8.2,9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written -+._ 11,-4.2-12,,4.3.7 Defective Work,Definition of . . . . . . . 3.5.1 Joinder and Consolidation of Claims Required . . . . . . . . . . . . . 4.5.0 Definitions. . . . . . 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.I, Judgment on Final Award . . . . . . . . . .. . . . . . x+.5.1,4.5.1.1,4.5.7 4.3.1, 5.1,6.11, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1,9.8.1 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, 3.11.11, 3.13, 3.15.1, 6.1.1,6.1.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 4.2.7,61.1, 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 . . . . . . . . . . . . . . . . . . . . . .7 . . . . . . . . .. . . . . 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.,,3.13,4.1.1,4.5.5,45.7, Documents and Samples at the Site . . . . . . . . . . . . . . . . . . . . . . 3.11 9.9.1, 10.2.2, l 1.1, 1 1.3, 13.1, 13.4, 13.5.1, 13-5.2, 13.6 P ' Drawings,Definition of . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 1.1.5 Liens . . . . . . . . . . . . . . . . . . 2.1.2.4.3.2,4.3.5.1.8.2.2,9.3.3,9.11.2 Drawings and Specifications,Use and Ownership of. . . . . 1.1.1, 1.3, Limitation on Consolidation or Joinder . . . . .. . . . . .. . . . . 4.5.5 2.2.5, 3.1 1, 5.3 Limitations,Statutes of . . . . . . . . . . . . . . . . . . . 4.5.4.2, 121.6, 13.7 Duly to Review Contract Documents and Field Conditions. . . . . 3.2 Limitations of Authority. . . . . . . . . . . . . . . . . . . . 3.3.1,4.1.2,4.2.11 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, 1 1.3.11 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 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 3.1 71, 3.t 8, 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 j 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 3.8e, enc 3.12.5, 3.. . . . . 2.1, 4.2.7, 4..2 1, 4.3.2, Owner's Right to Terminate the Contract . . . . . . . . . . . . . . . . . 14.2 1.3.3, +.3 .8.2. 3. 0,3.9. .5.4.2. 5.2.1, 5.2.3, 6.2.4, ;.3.4, 3.2, Ownership and Use of Architect's Drawings, Specifications 8.2, 9.5,9.6.3,9.3 9.9, 9. .2 11.1.3, 11.3.1, 11.3.2, 1 , 7.4, and Other Documents. . . . . . . . . . . . . . . . 1.1.1,1.3,2.2.5,5.3 Partial Occupancy or Use . . . . . . . . . . . . . . . . . 9.6.6,9.9, 11.3-11 1 1.3.6, 12.2.t, 12.2.2, 13.5, 13.7 Patching,Cutting and . . . . . . . . . . . . . . . . . . . . . . . . . . 3.14,6.2.6 Limitations of Time,Specific . . . . . . . . . 2.1.2,2.2.1,2.4,3.10,3.11, Patents,Royalties and 3.17 3.15.1, 4.2.1, -+.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, Payment,Applications for . . . . . . . . . . . . . . . . 4.25,9.2.9.3,9.-+, 9.2. 9.3.1, 9.3.3,9.4.1, 9.6.1,9.', 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. t 1.3.1 1, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Payment,Certificates for . . . . . . . . . .1.2.5,4.2"9,9.3.3,9.4,9.5, Loss of Use Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.3 9.6.1, 9.6.6, 9.'.1. 9.8.3, 9.10.1, 9.10 3, 13.7, 1-+.1.1.3. 14.2.+ Material Suppliers . . . . . . . . . . . . . . t.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Payment,Failure of. . . . . . . . . . . . . . . . . . . . . . -4.3.',9.5.t.3, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.65, 9.10.4 9.7, 9.10.2, 14.1.1.3, 1.1.2.1 Materials.H:Vard(ws 10.1. 10.2)-+ Pa%mcnt,Final . . . . . . . . . . . . 4.2.1,4.2.9.4.3.2,4.3.5,9.10, 11.1.3, Materials.Labor.Equipment and . . . . . 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 11.1.3, l 1.35, 12.3.1 3.12.2, 3.12.3, 3.12.7, 3.12.1 1. 3.13, 3.15 1, -+.2.7,6.2.1, Payment Bond,Performance Bond and . . . . . . . . . . . . '.3.6.-r, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 9.to*3, 11.3.9, 11.4 Means, Methods, Techniques, Sequences ane! I)aynlcnt.s.Progress - .+.3.4.9.3,9.6, ProCCLILI N of Construction. . . . . . 3.3.t,4.2.3,4.2.7.9.4.2 9.`1.3, 9.10.3, l 1.6, 14.2.3 Minor Changes in the Work. . . . . . . . . . 1.t.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS AND COMPLETION 9, 14 MISCELLANEOUS PROVISIONS . .- . . . . . . . . . . . . . . . . . . . . . 13 Payments to Subcontractors . . . . . . . . . . . . . . . . . . . 5.4?,95.t.i, Moditications.Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 9.6.2. 9.0 3, 9.6.-1. 1 1.3.8, 14.2.1.2 Modifications to the Contract . . . . . . . . . . . I.L 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.' Performance Bond and Payment Bond. . . . . . . . . . . . . . . . '.3.6.4, Mutual Responsibility . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . 6.2 9.10.3, 1 1.3.9, 1 L4 Nonconforming Work,Acceptance of . . . . . . . . . . . . . . . . . . 12.3 Permits,Fees and Notices . . . . . . 2.2.3.3.7,3.13.,.3.6.4. 10.2.2 Nonconforming Work,Rejection and Correction of . . . . . . . . 2.3.1. PERSONS AND PROPERTY,PROTECTION OF . . . . . . . . . . . 10 4.35, 9.5 2, 9.8.2, 12, 13.7.1.3 Polychlorinated eiphenyl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 Notice. . . . . . . . . . . . . 2.3.2.4,3.2.1,3.2.2,3.7.3, 3.74,3.9,3.12.8. Product Data.Dctinitionof. . . . . . . . . . . . . . . . . . . . . . . . 1.12:2 .12.9. 3.1-, 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 . . . . 3.1 1.3.12,4.2.- 9.i. .2.'9.5.1,9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 1 1.1.3. 1 1.3. 12.2.2, Progress and Completion . . . . . 4.2.2. 12.2.4, 13.3, 13.5.1, 13.5.2, 1-1 Progress Payments . . . . . . . . . . . . . . . . .... . . . . -+.3.-+.9 3, Notice,Written . . . . . . . . . . . . . . . 2.3,2.4,3.9,3.12.8,3.12.9,4.3. 9.6, 1.8.3, 9.10.3, 13.6, 1-4 2.3 -45, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.t, 9.5.1, 9.7, 9.10, Project,Definition of the. . . . . . . . . . . . 1.1.4 10.1.2, 10.2.6, 1 1.1.3, l t.3, 12.2.2, 12.2.4, 13.3, 135.2, 14 Project Manual, Definition of the . . . . . . . . . . . . . . . . . . . . . . 1.1.7 Notice of Testing and Inspections. . . . . . . . . . . . . . . . 13.5.1, 13.5.2 Project Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > > 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 . . . . . . . . . . . . . . . . . .1.2.2,4.2.5. PROTECTION OF PERSONS AND PROPERTY . . . . . . . . 10 4.3.(), 9.4.2, 95.1, 9.10.1, 13.5 Regulations and Laws 1.3, 3.6,3 7,3.13,4.1.1.4.5.5, Observations.Contractor's. . . . . . . . . . . . . . 1.2.2.1.2.2 45.-. 10.2.2, 11.1. 11.3. 13.1. 13.4, 13 5.1. 13.5.2, 13.6, 14 . . . . . Occupant}.. . . . . . . . . . . . . . . . . . . . . . . . . 9.6.6,9.8.1,9.9, 1 1.3.1 1 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. . . . . . . . . . . . . . . . . . . . . . . . 9.10.2 9.4.2, 9.8.2, 9.9.2. 9.10.1 Representations . . . . . . . . . . . . . . . . . . . . . . . . . 1.2.2, 3.5.1. 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.i. 9.4.2, 9.5.1. 9.8.3, 9.l0.I i 9.4.2, 9.5.1, 9.10.1, 13.5 Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . ).l .1. 3.9, Orders,\Y'rittcn . . . . . . . . . . . . 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.t 1 2 2, 13.5.3, 14.3.1 Resolution of Claims and Disputes . . . . . . . . . . . . . . . . . . 4.4,-4.5 OWNER. . . . . . . . . . . . . . . . . . . . . . . . . . 2 Responsibility for Those Performing the Work . . . . . . . . . . . . 3.3.>, 0 Owner.Definition of . . . . . . . . . . . . . . . . . . . . 4.2.3,6.1.3, 6.2, 1 2.1 Retainage . . . . . . . . . . . . . . . 9.3.1,9.6.2.,).H.'i' .6.2.9.8.3,9.9.1.9.10.2,9.10.3 Owner,Information and Services Required of the. . . . . . . . 2.1.2, Review of Contract Documents and Field 2.2, 4.3.4,b, 9, 10.1.4, 1 1.2, 1 1.3, 13.5.1, 14.1.1.5, t 4.1.3 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 '7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 135.2, 14.2, 14.3.1 Owner and Architect . . 3.10.1, 3.10.2, 3.1 I, 1.12, ()wner's Fin:incial Capabilityy . . . . . . . . . . . . . . . . . . . 2.2.1, l 4.t.1.5 4.2.7, 4.2.9, 5.2.1-, 5.2.3, 9.2, 9.8.) Owner's Liability Insurance . . . . . . . . . . ,. . . . . . . . . . . . . . . 11.2 Review of Shop Drawings, Product Data Owner's Loss of Use Insurance. . . . . . . . . . . . . . . . . . . . . . . . 1 1.3.3 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, 45, 5.3,6.1,6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10?.5, (hyner s Right to Carry Out the Work. . . . .. .. 2.4, 12.2.-+, 14.2.2-' 10 3 12.2.2, 13.2.4,13.4, 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 (987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.11NN)6 WARNING:Unlicensed Photocopying violates U.S.copyright laws and Is subieet to legal prosecution. i i I I Rules and Notices for Arbitration . . . . . . . . . . . . . . . . . . . . . 4.5.2 Suspension by the Owner for Convenience . .. . . . . . . . . . . 143 Safety of Persons and Property . . . . . . . • . • . 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 . . . . • 3.73)6,7.3.6.4 Samples.Definition of . . . . . .. 3.12.3 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination by the Samples,Shop Drawings,Product Data and . . . 3.11,3.12,31 Termination by the Owner for Cause. . . . . . . . . . . . . 5.4.1.1,14.2 Samples at the Site,Documents and . . . . . . . . . . . . . . . . . . 4.1.3 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.2,9.3 1 Termination of the Architect 14.2.2 lues Schedules.Construction on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.10 Termination of the Contractor . . . . . . . . . . . . . . . . . . . . . . TERMINATION OR Separate Contracts and Contractors . .4 5.5, 6, . 11.1.4,3 114.2,4.2. , Tests and insspectionsS. . . . . . OF THE CONTRACT 12.2.1,13.5 Shop Drawings.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . 3.12.1 TIME . . • • . . . . . . . . . 4.3.8,7.2.1,8 3 Shop Drawings,Product Data and Samples . . . . 3.11.3.12+4.2.7 Time,Delays and Extensions of ') i 2.2 l2.4,3.10.3.11,�3,15.1. Site,Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.13,`6.1.1,6.2.1 Time rL mit Specific pl ci ic3, i.i. 45, 5.3, 5.4, 35, 3.9, 8. )._. 9.3.1, Site Inspections . . . 1.2.2,3.3.4.4.-.-. - i-'9,4.3.6,9.8.2,).10.1. 13.5 4.2.2,4.2.5,4?.9,4.3.6, 9.3.1, 9.4.1, 9.6.1. 9.-,9 .3 6, L1 3.10. .8.2. 9.10.2. 11.1.3, 11 Site Vi.its.Architect's . . . . . . . . . . . . . . . . . 11. It. 1__'.2, 12.2.4, 13.2.6, 13.7, 14 9.4.2. 95.1, 9.8?. 9.9.2. 9.10.t, 135 Special Inspections and Testing . . . . . . . . . . . . . . 4._.6, 12.2.1, 13.5 Time Limits on Claims. . . . . . . . . 4.3._'.433,... . . . 99.,9.1; Specifications,Definition of the. . . . . . . . . . . . . . . . . . . . . . . 1.1.6 Title to Work . . . . . . . . . 12 Specifications,The . . . . . . . . . . 1.1.1,1.1.6, 1.1.7, 1.2.4. 1.3,3.11 UNCOVERING AND CORRECTION OF WORK 12.1 -i.5.+.2. 12.3.6, 13." Uncovering of Work . . . . . . . . . . Statutes of Limitations . . . . . . . . . . . . . . . . . . . ( 4 i.6,8.3.1, 10.t 2.3,4 3.7.9.', Io 1._, 1 ).3, 14.1 Unforeseen Conditions . . . . . . . . . . . . . . . . . . . . . Sapping dte work. . . . . . . . . . -.1.4.7.3.3., Stored Materials . . . . . . . . . . . 6.2.1.9.3.2, 16.2.1 11.3.1.4. 12.2.4 Unit Prices . . . . . . . . . . . . . . . l.I.I. 1.3,_'.2.5.3.12. 5.3 Subcontractor.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.1 Use of Documents . . . . . . 5 Use of Site . . . . . . . . . . . . . . 3.13,6.1.1,6.2.1 SUBCONTRACTORS . , . . . . . . . 9.2,9.3 1 . . . 1.2.4,3.3.2,3.12.1. Values,Schedule o Subcontractors,Work by . . . . . . .' . . . . . . 4.3.5 4.5.1,9.16.3 4.2.3. 5.3. 5.4 Waiver of Claims:Final Payment . . . . . . . . . . 13.4.2 c . . . . . . . . . Subcontractual Relations . . . . . . . . . . . . . . 5.3, 5.4,9 3.1 ).6.-,, Waiver of Claims by the.Architect 9.6. ,9.6.-+, 1n.2.1. 1 1.3.'. 1 1.3.8, 14.1.1, 14.2.1._', 14.3.2 Waiver of Claims by the C6n[ractor. . . . . . 9.l0 4, it 3.7, 13 4-' 4.3.5.4.5.1.9.9.3, Submittals . 1.3.3.2-3,3.10, 3.11,3.12,4.2.7,5.2.1.5.2.3, Waiver of Claims b}'the Owner 9.111.3, I 1.3.3. 1 1.3.5. 11.3 13.4.2 '.3.6.9.2,9.3.1,9.8.2.9.9.1. 9.10.2, 9.1(1.3, 10.1.2, 11.1.3 9.10.2 Subrogation,Waivers of. . . . . . . . . . . . . . . . . 6.1.1, 11.3.5,113.7 Waiver of Liens. . . . . . . . . . . . . . . . . 6.1.1, 11.3.5, 11.3.' Substantial Completion. . . . . . . . . . . . . 4.2.9,4 35.2,8.1.1.8.1.3• Waivers of Subrogation. . . . . 3.5,4.2.9, 8.2.3.9.8, 9.9.1. 12.2.1, 12.2.2, 13.7 Warranty and Warrantics . . . .{ v.z;.'. `).9.I, 12'.2.2, 13.'.1.3 9.8.1 4.35.3, )._ i Substantial Completion,Definition of. . . . . . . . . . . . . . . . . .7 Weather Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.8.2 Substitution of Subcontractors . . . . . . . . . . . . . . . . . . . . 5._.3,5.2.4 4.5.4 Substitution of the Architect. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 When Arbitration May Be Demanded t,t.3 Substitutions of Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.1 Work,Definition of . . . . . . . . . . . . Sub-subcontractor,Definition of . . . . . . . . . . . . . . . . . . 5.1.3 Written Consent . . . . . . . . . . . . . . 1.3.1,3.12.8,3 14.2,4.1.3.4.3.4, 4.3.6 455,9.3_'-. 9.8.2.9.9.1. 9.1(1.3. 9.16.3, 16.1.3, 10.1.3, Subsurface Conditions . . . . . . . . . . . . . . . . . . . . . . 13.2 1 1.3.1, 1 1.3.1.4, 1 1.3.1 1, 13.2, 13.4 Successors and Assigns 4.2.11,4.2.12,4.3.7 3.9, 16.2.6 Written Interpretations . . . . . Superintendent . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Written Notice . . . . . . . . . . . 2.3,2.4.3.9, 3.12.8,3.12.9,4.3,4.4.4. Supervision and Construction Procedures 1._.4,33,3.4, 4.5, 5 2 1, 5.3. 5.4.1.I, 8.2.2. 9.4.1, 95.1, 9.7, 9.10. 10.l_'. 4.2.3, 4.3.4, 6.1.3,6.2.4, 7.1.3, 7.3.4. 8.2, 8.3.1, lo, 12, 14 10.2.6, 11.1.3. 11.3, 12.2.2, 12.2.4, 13.3, 135.2. 14 ure Sty . . . . . . . . . . . . . . . 4.4.1,4.4.4,5.4.1.2,9.10.2,9.16.3, 14.2.2 2.3.3.9,4.3.', Surety.Consent of. . . . . . 9.9.1,9.16.2,9.10.3 Written Orders. . . . . . . . .,;8. 2. 11.3.9. 12.1, 12.2. 135.2, 14.3.1 Surveys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.2,3.18.3 AIA DOCUMENT A201 •GENERAL CONDITION'S OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION g201_1987 S AIA* • .I9M7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AV ENUE,N.W.,WASHINGTON.D.C.206(X, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the 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), Drawings, Specifications, addenda issued prior to execution of aThe Contract Documents shall be signed by the Owner and the Contract, other documents listed in the Agreement and and Contractor as provided in the Agreement. If either the Modifications issued after execution of the Contract. A Modifi- Owner or Contractor or both do not sign all the Contract cation is (1) a written amendment to the Contract signed by Documents, the Architect shall identify such unsigned Docu- both parties, (2) a Change Order, (3) a Construction Change ments upon request. Directive or(-i)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 famij- 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 1.1.2 THE CONTRACT items necessary for the proper execution and completion of the 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 maw be amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac ILEA relationship of any kind(t)between the Architect and Con- 1.2.4 Organization of the Specifications into divisions,sections ' tractor, (?) 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- Architcct's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ante 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 berovided b the P Y 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 The Project is the total construction of which the Work per record set. Neither the Contractor nor any Subcontractor, Sub- formed under the Contract Documents may he the whole or a subcontractor or material or equipment supplier shall own er part and which may include construction the Owner or by claim a copyright in the Drawings, Specifications and other by separate contractors. documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and j 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 uleS 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 ocher 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 6 A201-1987 AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.ztxxx, WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subjectto legal pre ecutlon. g 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 the Contractor will be furnished, free of charge,such copies of prepared by the Architect. Submittal or distribution to meet i official regulatory requirements or for other purposes in con Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work. in derogation of the Architect's copyright or ocher reserved 2,2,6 The foregoing are in addition to other duties and respon- 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- 1 1 (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 brevia• the Contract Documents fre- Work in accordance with the Contract Documents,the Owner, yucntl} omit modifying words such as"all"and'`any"and arti by written order signed personally or by an agent specifically so tics.-,itch ,is ''the" and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac- article is ahscnt from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for I'()( 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 Ovoicr is the person or entity identified as such in Fork 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:u if singular in number. The term"Owner'' means the Owner to commence and continue correction of such the Owoner 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 it 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- enfilrce 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 ocher remedies the Owner may which the Project is located, usualh 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 tide, recorded or unrecorded. cicncies, 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 are both subject to prior approval of the Archi- tect. If payments then or thereafter clue the Contractor are not 2.2.1 The Owner shall, at the request of the Contractor, prior 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.ffote: Unless such reasonable ARTICLE 3 erieleuce mere punished ore request prior to the execution of the Agreement, the prospective contractor would not he CONTRACTOR requirrel to c vcute the Agreement or to commence the Work./ 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 Project, 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 AIA' • 19M7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE-N.W.,WASHINGTON,D.C.2(XX)6 A201-1987 7 WARNING.Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 material~ 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 verift, 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. 3.2.3 Thr Contractor shall perform the Work in accordance 3.7 PERMITS, FEES AND NOTICES with the Contract Documents and submittals approved pur_ 3.7.1 Unless otherwise provided in the Contract Documents, suint to Paragraph 3.12. 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 I'Vork 3.3.1 The Contractor shall supervise and direct the Work. which are customarily secured after execution of the Contract using the Contractor's best skill and attention. The Contractor and which are legalh required when bids are received or nego- shall he solely responsible for and have control over construe- uauons concluded. 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 3.3.3 The Contractilr shall not be relieved of obligations u1 per Contract Documents are at variance therewith, the Contractorshall promptly notify the Architect and Owner in writing, and form the Work in accordance with the Contract Documents necessary changes shall be accomplished by appropriate either by activities or duties of the Architect in the Architect's necessary c. 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 3.3.4 The Contractor shall be responsible for inspection of por- regulations without such notice to the Architect and Owner, tions of Work already performed under this Contract to deter- the Contractor shall assume full responsibility for such Work that such portions are in proper condition to receive sub- and shall bear the attributable costs. sryucnt Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 finless 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 he supplied for such amounts and by such ment, tools, construction equipment and machinery, water, persons or entities as the Owner may direct,but the Contractor heat, utilities, transportation, and other facilities and services shall not be required to employ persons or entities against necessary for proper execution and completion of the Work, which the Contractor makes reasonable objection. 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 •GENERAL CONDITION~OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 8 A201-1987 AIA• •©19147 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20(1)6 r WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .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 i 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 Architect Shop Drawings, Product Data, Samples and similar the Contract Sum shall be adjusted accordingly by ge Order.The amount of the Change Order shall submittals required by the Contract Documents with reason- Changreflect e the difference between actual costs and the able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- 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 atter 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 he relieved of responsibility required by the conditions of the %York 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- natcdl 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 the Architect on previous submittals. 3.11.1 The Contractor shall maintain at the site for the Owner 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 be available to the Architect and shall be delivered to the Archi- of materials, systems or equipment is required by the Contract sect for submittal to the Owner upon completion of the Work. Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certiti- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE ether data Specials•prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Suh-subcontractor. manufacturer, supplier or distributor to illustrate some portion of the Work. areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. fornhance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials I s 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 tramples arc physical examples which illustrate fit together properly. materials, equipment or workmanship and establish standards by which the Work will be judged. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or filly 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 arc 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" • I9m-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2(x x)(3 A201-1987 9 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Owner or a separate contractor except with written consent of test'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 specifica- 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- i 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 i 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 cos[ 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 Architect as set forth in the Contract Documents shall not be 3.17 ROYALTIES AND PATENTS 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 [n case of termination of employment of the Architect, Con- 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 chat 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 loss 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 test'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 j from performance pf 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 4.2.2 The Architect will visit the site at intervals appropriate to negligent acts or omissions of the Contractor,a Subcontractor, anyone directly or indirectly emploved 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- such claim, indemnified hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, er reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist h s 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. Suhcontrlctor,anyone directly or indirectly employed by them 4.2.3 The Architect will not have control over or charge of and or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by limitation on amount or type of damages, compensation or techniques,sequences or procedures,or for safety precautions a a limitation nefits payable by or for the Contractor ora 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 out 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 AIA3 •C 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. 1 tractor,Subcontractors,or their agents or employees,or of any out onseibiliaesteand limitations iliofsau[horicysof such project other persons performing portions of the Work. 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 auho- 4.2.11 The Architect Quill interpret and decide matters concem- rized, the Owner and Contractor shall endeavor to communi ing performance under and requirements of the Contract q the Owner or Con[rac Cate through the Architect. Communications by and with the Documents on written request of eitherlot. The Architct's response to such be made Architect's consultants shall be through the l suppliers with reasonablepromp[ness Architect. ch tet eand withinrequests any time limits agreed nications by and with Subcontractors shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within interpretationswhich required fur- separate contractors shall be through the Owner. nLshed incompliance wi hthis Paragraph 4.2[hen delay shall 4.2.5 Rased on the Architect's observations and evaluations of not be recognized on account of failure by the Architect to fur the Contractor's Applications for Payment, the Architect will nish such interpretations until 15 days after written request is review and certify the amounts due the Contractor and will made for them. issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which consistent with the intent of and reasonably inferable from the Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consis c Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or to the form of tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance he both have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 135and 135 .2 . .3, Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations whether or not such Work is fabricated,installed or completed. 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 4 2.13 The Architect's decisions on matters relating to aesthetic authority shall give rise to a duty or responsibility of the Archi- effect will be final if consistent with the intent expressed in the tett 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 ad assertion bment or y one of pre- Shop Drawings, Product Data dbutwitinformation forhe tai parties of Contract tems payment omatter of ghmonevstextension of tiime limited purpose of checking for conformance or ocher relief with respect t the terms of the Contract. The given and the design concept expressed in the Contract Docu menns. The Architect's action will be taken with such reason- term "Claim" also includes other disputes and matters to clues rising out of or relat- able promptness as to cause no delay in the Work or in he tion between the Owner and Contractor a activities 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 4.3.2 Decision of Architect. Claims, including those alleging and completeness of other details such as dimensions and an error or omission by the Architect, shall be referred initially quantities, or for substantiating instructions for installation or performance of equipment or systems,all of which remain the to the Architect for action as provided to Paragraph 4.4 4 hall 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 n arbitration or litigation tats shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, ie3. 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 VG'ork.has been com- techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a methods, Claim shall not be a condition precedent to arbitration or litigation in approval of a specific item shall not indicate approval of an the event(1)the position of Architect is vacant,(2)he Architect assembly of which the item is a component. 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 Passeftethei threClai to been referred to the Architect or (5) 4.2.9 The Architect will conduct inspections to determine the mechanic's lien. date le dates Substantial Completion and the date of final 4.3.3 Time Limits on Claims. Claims by either party must be completion, will receive and forward to the Owner for the Owner's review and records written warranties and related made within 21 days after occurrence of the event giving rise to documents required by the Contrict and assembled by he such Claim or within 21 days after the claimant first recognizes Contractor, and will issue a final Certificate for Payment upon the condition giving rise to the Claim,whichever is later.Claims compliance with the requirements of the Contract Documents. must be made by written notice. An additional Claim Change Order 4.2.10 If the Owner and Architect agree,the Architect will pro vvillrnot be con considered unlessr the initial Claim has nsubmit ed in ab timely manner. vide one or more project representatives to assist in carrying AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION A201-1987 11 AIA' s.'19H7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.21x706 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. _� 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 parry,of any of the except chose 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 I 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 tett 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 promptl} before conditions are disturbed and in no event later Architect may also, but is not obligated to, notify the surety, if than-)l days after first observance of the conditions.The Archi any, of the nature and amount of the Claim. tett will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contracwr'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 the conditions at the site are not materially different from those Claim shall, within ten days after the Architect's preliminary indicated in the Contract Documents and that no change in the response, take one or more of the following actions:(1)submit additional supporting data requested by the Architect, (_ 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 Claims by either party in opposition to such determination stands. must he 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 an 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 graphI0.3. 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 intcrprctaion 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 tcn order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tett,(►)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 j 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 AIA" •J 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW.WASHINGTON,D.C.d1Nx16 r WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecutlon. 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 mus: 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 i 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- SUBCONTRACTORS tration of any Claim may not be made until the earlier of(1)the date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim, (2) the tenth day after the parties have pre- sensed 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 ,c rittcn 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 Subcontractor or an authorized representative of the Subcori- 4.5.4.1 When a written decision of the Architect states that(1) tractor. The term "Subcontractor" does not include a separate the decision is final but subject to arbitration and(2)a demand 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- 5 2 AWARD OF SUBCONTRACTS AND OTHER ccedings unless the decision is acceptable to all parties CONTRACTS FOR PORTIONS OF THE WORK concerned. 5.2.1 Unless otherwise stated in the Contract Documents or 4.5.4.2 A demand for arbitration shall be made within the time the bidding requirements, the Contractor, as soon as prac- limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 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.T tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to 4.5.5 Limitation on Consolidation or Joinder. No arbitration any such proposed person or entity. Failure of the (honer or arising out of or relating to the Contract Documents shall Architect to reply promptly shall constitute notice of no reason- include, by consolidation or joinder or in any other manner, able objection. the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- 5.2,2 The Contractor shall not contract with a proposed per- mcnt 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 he joined. No arbitration shall sonahle and timely objection. The Contractor shall not he include• by consolidation or joinder or in any other manner, required to contract with anyone [o whom the Contractor has parties ocher than the Owner, Contractor, a separate contras- made reasonable objection. for :is 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 its an orig- 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 A2�1-1957 �3 AIA' 19>i7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE.N.W.,WASHINGTON,D.C.2(XX)6 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. • 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 � mens,assumes toward the Owner and Architect.Each subcon- deemed necessary after joint review and mutual agreement. The construction schedules shall then constitute the schedules trace agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the Owner until subsequently revised. respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and 6.1.4 Unless otherwise provided in the Contract Documents, shall allow to the Subcontractor, unless specifically provided when the Owner performs construction or operations related otherwise in the subcontract agreement, the benefit of all to the Project with the Owner's own forces,the Owner shall be rights, remedies and redress against the Contractor that the deemed to be subject to the same obligations and to have the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each same rights which apply the Contractor under the Condi- Subcon[ractor to enter into similar agreements with Sub-sub- those the Contract, including, without excluding others, contractors. The Contractor shall make available to each pro- a12stated in Article 3, this Article 6 and Articles 10, 11 and posed Subcontractor,prior to the execution of the subcontract and 1 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- similarh•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 Documents. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement 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:he 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 shall constitute an acknowledgment that the Owner's or sepa- .2 assignment is subject to the prior rights of the surety, rate contractors'completed or partially completed construction if any, obligated under bond relating to the Contract. 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 ocher 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 AIAe •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W..WASHINt;TON,D.C.laxx6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 7 .3 cost to he determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee; or .4 as provided in Subparagraph 7.3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with 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- for 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 \York, ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices arc stated in the Contract Documents or allowance for overhead and profit. In such case,and also under suhscquent(v agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in such tcmplatcd 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. Unlcss otherwise st .10101 hies of%c Dir proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of to the O%vncr or Contractor, the applicable unit prices shall be this Subparagraph 7.3.6 shall be limited w the following: eyuitahh adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance. fringe benefits required by agreement or custom. and workers' or workmen's 7.2.1 A Change Order is a written instrument prepared by the compensation insurance; :architect and signed by the Owner. Contractor and Architect, .2 costs of materials, supplies and equipment, includ- stating their agreement upon all of the following: ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amOLInt 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; ;try. .4 costs of premiums for all bonds and insurance,permit fees, and sales, use or similar taxes related to the 7.2.2 Methods used in determining adjustments to the Contract Work; and Sum may include those listed in Subparagraph 7.3.3. .5 additional costs of supervision and field office person- 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. i 7.3.1 A Construction Change Directive is a written order pre pared by the Architect and signed by the Owner and Architect, amounts Pending final determination of cost A the Owner, amounts not in dispute may be included in Applications for directing a change in the Work and stating a proposed basis for , t avment. The amount of credit to be allowed by the Contrac- adjustment, if any, in the Contract Sum or Contract Time, or for to the Owner for a deletion or change which results in a net both. The Owner may by Construction Change Directive, decrease in the Contract Sum shall he actual net cost as con- without invalidating the Contract, order changes in the Work firmed by the Architect. When both additions and credits within the general scope of the Contract consisting of addi- covering related Work or substitutions are involved in a tions, deletions or other revisions. the Contract Sum and Con- change, the allowance for overhead and profit shall be figured tract Time being adjusted accordingly. on the basis of net increase, if any, with respect to that change. 7.3.2 A Construction Change Directive shall be used in the 7.3.8 If the Owner and Contractor � absence of total agreement on the terms of a Change Order. 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: 7.3.9 When the Owner and Contractor agree with the deter- .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree- mit evaluation; 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' •'J 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHIN(iTON,D.C.20006 A201-1987 15 WARNING.Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 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 Pa mcnt for operations completed in accordance nith the schedule Of %clues. Such application 8.1.3 The date of Substantial Completion is the date certified shall be notarized, if required, and supported by such data by the Architect in accordance with Paragraph 9.8. substantiating the Contractors right to payment as the Owner 8.1.4 The term "dav" as used in the Contract Documents shall Or architect may require. such ats copies Of requisitions from mcan calendar dav unless otherwise specifically defined. Subcontracrors and material suppliers. and reflecting retainage if provided for elsewhere in the Contract Documents. 8.2 PROGRESS AND COMPLETION 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 '�urk which have been property tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for perti,nning the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications maynor include requests for pay- ment Or instruction Of the Owner in writing, prematurely cum- anent 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 I l to he 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 he made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored :t the site for subsequent incur- given by the Owner, the Contractor shalt notify the Owner in potation 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, suitabt•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 quatc forces and shall achieve Substantial Completion within procedures satisfactory to the On nee 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 Owncr, or by changes ordered in the Work, or by labor the time of payment. The Contractor further warrants that disputes,tire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Pa}•ment 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 rcasonablc time .is the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reaLson 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 AIA7 •©19H7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE•N W.,WASHINGTON,D.C.2(xx)6 WARNING:Unlicensed photocopying violates U.S.copyright laws and 13 subject to legal prosecution. Owner a Certificate for Pavment, 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 accor- paid to the Contractor orr 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- qualit}. or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. means• methocls, 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 lxw. to substantiate the Contractor's right to payment or (4) made ex:unination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner for has used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.-1. 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 through If the Architect does not issue a Certificate for Payment, t by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unahlc 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- Certificatc for Pavment for the amount for which the Architect tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until pa is able to make such representations to the Owner. The Archi payment of the tett may :dao decide not to certify payment or, because of amount owing has been received. The Contract Time shall he suhsccjucntl% 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 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; 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 erly to Subcontractors or for labor, materials or use. equipment; 4 reasonable evidence [hat the Work cannot be com- 9.8.2 When the Contractor considers that the Work, or a por- plcted for the unpaid balance of the Contrac[ 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- AL1 DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA •,'19K7 THE AMERICAN INSTITUTE OF ARCH ITECTS• 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2(X)1)6 A201-1987 17 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. - •-ems...-.�.�.....:.<>riG 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 accompanying the Certificate. Warranties required by the Con- percentage Neither final payment nor any remaining retained tract Documents shall commence on the date of Substantial Percentage shall become due until the Contractor submits to tract Documents of the Work m designated portion thereof unless the Architect(1)an affidavit that payrolls, bills for materials and otherwise provided in the Certificate of Substantial Comple equipment, and other indebtedness connected with mi Work tion. The Certificate of Substantial Completion shall be sub- for which the Owner or the Owner's property might be milted to the Owner and Contractor for their written accep- responsible or encumbered(less amounts withheld by Owner) ranee of responsibilities assigned to them in such Certificate- have been paid or otherwise satisfied, (2)a certificate evidenc- ing that insurance required by the Contract Documents to 9.8.3 I'pon 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 tion thereof as provided in the Contract Documents. that the insurance will not be renewable to cover the period 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 [ially completed portion of the Work at anv 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 as 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 mai• 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. rite,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 considers a portion substantially complete, the Contractor shall Contractor or by issuance of Change Orders affecting final and submit a list to the Architect h provided under completion, and the Architect so confirms, the Owner shall, prepare Subparagraph 9.8.2. Consent of the Contractor to partial occu upon application by the Contractor and certification by the panty or use shall not be between withheld. The stage of Architect,and without terminating the Contract,make payment mined by written agree and accepted. If the remaining balance for Work not fully com- of the balance due for that portion of the Work fully completed mcnt hetren the Owner and Contractor or,if no agreement is the progress of the Work shall be deterpitted 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 9.9.2 Immediately prior to such partial occupancy or use, the consent of surety to payment of the balance due for that por- Owner, Contractor and Architect shall jointly inspect the area nen of the Work fully completed and accepted shall he submit- ted by the Contractor to the Architect prior to certification of to he occupied or portion of the Work to be used in order to determine and record the condition of the Work. such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not 9.9.3 1'niess otherwise agreed upon, constitute a waiver of claims.The making of final payment shall 8 p partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- lanceportion or portions of the Work shall not constitute accep- , lance of Work not complying with the requirements of the paragraph 4.3.5. 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•FOURTEENEDITION 18 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1?35 NEW YORK AVENUE,N W.,WASHINGTON,D.C.20(X)6TH r _ WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. _. 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 raining 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 re.ts(mably believed to be asbestos or polychlorinated sites and utilities. biphcan•1 (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 qualified personnel. fact the material is asbestos or polychlorinated biphenyl(PCB) 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 natcd hiphcnyl(PC13), 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 accoro,Lince-,yith 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 I. 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 perti,rm Wilhout consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated hiphcnyl (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 indemnify and hold harmless ttie Contractor, Architect, Archi- addition to the Contractor's obligations under Paragraph 3.18. treys consultants and agents and employees of any of them 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 se resulting the Contractor's organization at the site whose duty shall be the from performance of clic Work in the affected area if in fact the prevention of accidents. This person shall he 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 death. or u> injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itscit) including loss of use resulting 10.3 EMERGENCIES therefrom, hitt only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safery of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shrill act, at the Contractor's discretion, to pre- the Owner may be liahlc, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account indcnuliticd 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 described in this subparagraph 10.1.4. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11,1 CONTRACTOR'S LIABILITY INSURANCE safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to he incorpo- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and 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 rhe Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors; and anv 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 applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA' • 19M7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2(XX)6 A201-1987 19 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, occupa- 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 in-u Contractor, Subcontractors and Sub-subcontractors in the j 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 I 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 ern', including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for y injury, death of damages because of bodily unless otherwise provided in the Contract Documents. g 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 1 1.1.l shall be subcontractors in the Work, and by appropriate Change Order corium 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 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not he 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 merits,this property insurance shall coyer portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval o the Owner at the Contractor with reasonable promptness in accordance with the th value established in he approval,and also portions of the WorkContractor's information and belief. in transit. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and 11.3.2 Boiler and Machinery Insurance. The Owner shall 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 Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations specifically cover such insured objects during installation and 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 O%yner and Contractor insurance unless specifically required by the Contract shall he 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 properrp 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 locoed. property insurance in the amount of the initial Con- of the Owner's property, including consequential losses due to tract Sum :is well :is 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 unary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- (ained, 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 are 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. ALA DONS OF THE CONTRACT FOURTEENTH A201-1987 AIJ- 98THEMERICANNSTITTE OFARCHITCTS,173EW YORK AVENUE.NW,WASHINGTON,D.C.20(X)6 WARNING:Unlicensed photocopying vlolates U.S,copyright laws and is subject to legal prosecution. r . i the Project construction period the Owner 11.3.10 l'he Owner as fiduciary shall have power to adjust and 11.3.5 It' during I settle a loss with insurers unless one of the parties in interest insures properties, real or personal or both, adjoining or adja shall object in writing within five days after occurrence of loss cent to the site by pro under policies separate to the Owner's exercise of this power; if such objection be property insurance p from those insuring the Project,or if amade,arbitrators shall be chosen as provided in Paragraph 4.5. after final payment prop- erty insurance is ro be provided on the completed Project The Owner as fiduciary shall,in that case.make settlement with through a policy or policies ocher than chose insuring the Proj ect Burins; the construction period, the Owner shhllw3�for clistributic nurers in aof�nsunance tProceedsttbysarbit arbof itration required, rights in accordance with the terms of Subparagraph the arbitrators will direct such distribution. damages caused by fire or other perils covered by this separate properly insurance. All separate policies shall provide this 11.3,11 Partial occupancy or use in accordance with P rag omh waiver of subrogation by endorsement or otherwise. 9.9 shall not commence until the insurance company roperty insurance have consented to such ponies providing p 11.3.6 l3cfore an exposure to loss may occur, the Owner shall partial occupancy or use by endorsement or otherwise. The file with the Contractor a copy of each policy that includes Owner and the Contractor shall take reasonable steps to obtain this Paragraph 11.3. Each consent of the insurance company or companies and shall, insurance coverages required by ditions, defini- without mutual written consent. take no action with respect to policy shall contain all generally applicable con cions,exclusions and endorsements related to this Project.Each partial occupancy or use that would cause cancellation,lapse or policy shall contain a provision that the policy will not be reduction of insurance. cancelled or allowed to expire until at least 30 days' prior writ 11 4 PERFORMANCE BOND AND PAYMENT BOND ten notice has been given to the Contractor. 11.4.1 The Owner shall have the right to require the Cun[rac- 11.3.7 Waivers of Subrogation. The Owner and Contractor for 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 n the is and employees,each of the lated in bidding requireme tractors,sub subcontractors,agennts or specifically required in the ltants, separate Contract Documents on the date of execution of the Contract. ocher, and (2) the Architect, Architect's consu contractors described in article 6, if any, and any of their s for 11.4.2 Upon [he request of any person or entire appe:Iring to Contractors, sub-subcontractors, agents and emp he a potential beneficiar% of bunds covering pa)'ntetu of uhliga damas;es caused h} fire or other perils to the extent covered by tions arising under the Contract. [he Contractor shall protnptl} property insurance obtained pursuant to[his Paragraph 1 1.3 or furnish a cop,, of the bunds or shall permit a cop%. to he made. other property insurance applicable to the Work• except such rights as they have to proceeds of such insurance held by the ARTICLE 12 Ow ncr as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate UNCOVERING AND CORRECTION OF WORK contractors described in Article 6, if any, and the subcontrac les,sub-suhconcractors,agents and employees of any of them, tors, where legally required for 12.1 UNCOVERING OF WORK by appropriate agreements, wri y;digit}, similar waivers each in favor of other parties enum orated herein. The policies shall provide such c vwaer i subrogation sub con to Architect's requestnorto lreguirements specifically expressed in Kation by endorsement or otherwise. A shall he effectihe ve as to a person or entity even though that per �cl Contract ct Documents meed for thrit sarchitelct tirconscr a[ritutg Undbv tbe son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insuranceeor entity Contract Time.at Contractor's expense w ithou[ change in the directly or indirectly, and whether or not person had an insurable interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its 11.3.8 A loss insured under Owner's property insurance shall being coveruncovered.the Architect may request to see such Work and ed by the Contractor. If such Work is in be adjusted by the Owner as fiduciary and made payable to the it shall be accordance with the Contract Documents, costs of uncover- Owner :Is fiduciary for the insureds, as their interests may Ing and replacement shall, by Docut nate Change Order, be appear, subject to requirements of any applicable mortgagee Charged to the Owner. [f such Work is not in tingraccordance with clause and to subparagraph 11.3.10. The Contractor ceed shall pay the Contact Documents, the Contractor shall pity such costs Subcontractors their just shares of insurance proceeds receivedor by the Contractor, and by appropriate agreements, written unless the condition was caused by the Owner spa separate where lcgall}• required for validity,shall require Subcontractors contractor in which event the Owner shall he responsible for to make payments to their Sub-subcontractors in similar I)av,mcnt of such costs. manner. 12,2 CORRECTION OF WORK 12.2.1 The Contractor shall romptl)' correct Work rejected 11.3.9 if required in writing by a party in interest, the owner by the Architect Contractor failing wpconform to the requirements of as fiduciary shall, upon occurrence of an insured loss, give the Contract Documents, whether observed before or after bond for proper performance of the Owner's duties. The cost Substantial Completion and whether or not fabricated,installed of required bonds shall be charged against proceeds received as or fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contac ng g shall bear costs of correcting ceeds so received, which the Owner shall distribute in accor- such rejected Work, includiadditional testing and inspec dance with such agreement as the parties in interest may reach, tions and compensation for the Architect's services and or in accordance with an arbitration award in which case the expenses made necessary thereby. procedure shall be as provided in Paragraph 4.5. If after such12 2 2 if within one year after the date of Substantial Cumple- loss no other special agreement is made, replacement of dam ion of the Work or designated portion thereof,ur after the ate aged property shall be covered by appropriate Change Order. t -FOURTEENTH A201-1987 21 AIA DOCUMENAIA' 19K-TIA20`tER[ENECANRAL INSTITUTE CONDITIONS ARCHITECTSF THE o 735 NEW YORKNTRACT FOR OAV NCE,N.WN WASHINGTON,D.C.EDITION2� _��c .......a..te iawa and is wbfect to Isgal proseeu>;Ion• 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- lance of such condition. This period of one year shall be where the Project is located. 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 or to 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 parry 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 ofdutics,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or avail abic by law. not coyer costs which the Contractor should have borne, the Contract Sum shall he reduced by the deficiency. If payments 13.4.2 No action or failure to act by the Owner, Architect or then or thereafter due the Contractor are not sufficient to cover Contractor shall constitute a waiver of a right or duty afforded 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 haying 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 strued to establish a period of limitation with respect to other such tests, inspections and approvals with an independent rest- 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 appropriatepublic authority, and shall hear 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- rel ationship to:he 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, durrs. 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 haying 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(honer 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. 22 A201-1987 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIAe •rJ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200()6 WARNING:Unlicensed photocopying violates us.copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- ARTICLE 14 paragraph 13.5.3. TERMINATION OR SUSPENSION 13.5.3 If such procedures for testing, inspection or approval OF THE CONTRACT under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the i 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- Architect. ity having jurisdiction; .2 an act of government,such as a declaration of national 13.5.5 If the Architect is to observe tests, inspections or emergency, making material unavailable; approvals required by the Contract Documents, the Architect .3 because the Architect has not issued a Certificate for -,ill do so promptly and, where practicable,at the normal place of testing. payment and has not notified the Contractor of the reason for withholding certification as provided in 13.5.6 Tcsis or inspections conducted pursuant to the Con- Subparagraph 9.+.1, or because the Owner has not tract DUCLIMents shalt he made promptly to avoid unreasonable made payment on a Certificate for Payment within dcla% in clic Cork. 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 duC and unpaid under the Contract DOcu_ her of days scheduled for completion, or 130 days in meats Alall hetlr interest from the date payment is due at .such any 365-day period, whichever is less; or rate as the parties man agree upon in writing or. in the absence .5 the Owner has failed to furnish to the Contractor thercuL at the Iel;a rue prevailing from tune to time at the place promptly, upon the Contractor's request, reasonable %yhcre clic Pr<>jecc 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 hct%%ccn 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 r=,,onah'Ic 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 shall continence 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 Bate for Payment. As to acts or failures to act occur- under the Contract Documents with respect to matters impar- ring suhseyuent 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 rur for Payment, any applicable statute of limitations Architect, terminate the Contract and recover frotn the Owner shall commence to run and any alleged cause of as provided in Suhparagraph 1-1.1.2. action shall he 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 14.2.1 The Owner may terminate the Contract if the Certificate for Payment; and Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply tailures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; anre of the final Certificate for Payment, any appal .2 flits to make paynlc rit to Subcontractors for materials j cahle 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 any act or failure to act by the Contractor pursuant to 3 persistently disregards laws, ordinances,or rales, reg- any warranty provided under Paragraph 3.5, the dale diction; or ulntions or orders of a public authority haying juris- of anv correction of the Work or failure to correct the Work by the Contractor under Paragraph 1 2.2,or the .4 otherwise is guilty of Subsruntial breach of a provision date of actual commission of any other act or failure of the Contract Documents. to pertl,rm 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 AIAs •'V 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE•N.W.,WASHINGTON,D.C.-)INN)(, 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. prier 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- ery thereon owned by the Contractor; 14.3.1 The Owner may,without cause,order the Contractor in 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, delav or interrup- 14.2.3 %Y'hen 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 Workis •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. I i i I AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEFNTH EDITION 24 A201_1987 AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N.W.WASHINGTON,D C.+tAKib r WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject tot legal_ ._. ... e9 Prosecution. ..;�....3/87�...ani� SUPPLLMENT_4Ry 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 The word "Engineer" shall be substituted for the word "Architect" throughout all contract documents. The Engineer is Daniel Karpen, P. E. . 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. H — 1 .. -". `.s•: z_.+c-..�._c...-t..i'.+wJEf}�it�tA4i! I 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 i i I i H — 2 SECTION K GE TERM, RELEASE (To Be Submitted With Requisition For Final Payment) i MOW ALL I N BY THESE PRESENTS, that (Contractor) I 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 (Ow-ner/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 Daniel Karpen, P . Enow 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: i K — 1 • CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party with and which may involvesthe employmeticlent(Of l aboreons220-223)eot theworkrs ormnicNewaYork states, shallLaborlcomLaw: the 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or II other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, worker or mechanic employed by the contractor or subcontractor II shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. Theprevailingrate of wage shall be annually determined no later than thirty days p Y first of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive, of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascer- tainable from such collective bargaining agreements. (See Sections 220.3, 220.5) 3. It shall be the duty of the department ofjurisdiction uri sdictioncs and ito filerers withto the fiscalon officer, the classification of workers, a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) ll st in a nt and ible 4 The placeoatrtheowoakdsatera statementcofrall awage orates and rSuppeements toaccess be paid ous classes of mechanics, workers or laborers. (See or provided for the vari Section 220.3-a) be an istered 5 aoprrogrameregistered weithetheoNew York apprentice individually The allowable n allowable ratio of apprentices to journey-level workers in any craft classification shall not be greater than the ratio permitted to the contractor who isas toritsswork force on any Job under the registered program. Anyemployeelenient rate for the as above, shall be paid or provided the prevailing wage and Supp _ ntractor or Casificatiowrk h evidence ofrregoistration of its program and apprentices as well as of the appropriate ratios anrdwage a nonsthele- ment rates for the area of construction, prior to using any appe contract work. (See Section 220.3-e) 8. (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220- e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the lars for each calendar day during which contract a penalty of fifty dol such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e(c)) (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti- discrimination sections of the contract. (See Section 220-e(d)) their 7. (a) All contractors or ofetheir spbevatlangowage rs haatell pschedule rovide ospecifiedbin contractors a copy the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor Law. (See Section 220-a) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any sub- sequently issued schedules, shall provide to such contractor or sub- contractor a verified statement attesting that the subcontactor has received the wage schedule and will pay or provide the appr ate of wages and supplements specified therein. (See Section 220-a) PW-3 ( 12-88) . ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i .e. ,the governmental entity awarding the public work contract) , or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1 .Name, 2.Address and phone number, 3.Social Security number, 4.Occupational classifications in which worked, S.Hourly wage rate paid, 6.Supplements provided, 7.Daily and weekly number of hours worked in each classification, 8.Deductions made, 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or transcripts must be preserved for three years from the date of completion of the project. i POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PW19 (9-88) . . . (Continued) NOTICE of NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES ( ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. I The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective, docm: letterd PW-202 (5-90) VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany � can provide conclusive registration information. It Should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. I Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) doom: letter2e NOTICE TO CONTRACTORS (Continued) APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to its work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevailing journeymen's wage rate for that classification of work. WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section 14-a of the banking law per annum from the date of underpayment to the date of the payment, and may also include the imposition of a civil penalty not to exceed 25% of the amount due. DEBARMENT: When final determinations have been made against a contractor or subcontractor in two instances within a six-year period determining that it willfully failed to pay or provide the prevailing rate of wages or supplements, such contractor or subcontractor will be ineligible to bid on or be awarded a public work contract for a period of five years from the second final determination. CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing workers' compensation insurance and disability benefits must post in a conspicuous place notices of such coverage in a form prescribed by the Workers' Compensation Board. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post notices furnished by the State Department of Labor. PW 19 (9-88) . . . docm: letter2b . PREVAILING RATE SCHEDULE ( )ONOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 1 I PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates, Paid Holidav3 Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pav section listed for each classification. Not all of The holidays on which, if worked, a premium rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that any adjustments become effective. However, if the last date listed in a particular occupation is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1 , you should contact the Bureau of Public Work for the correct information. Workers Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage under the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers Compensation Law. -Contractor to be awarded contract must provide proof of Workers' Compensation coverage prior to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Workers' compensation coverage in this state. -Proof of coverage must be on form C-105.2 (certificate of wokers' compensation insurance) and must name this agency as a certififcate holder. -If New York State coverage is added to an existing out of state policy, it can only j be added to a policy of a company authorized to write workers' compensation coverage in this state,and the coverage must be listed under item 3A of the information page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a workers' compensation policy for all employees working in New York State. i i If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/93) I __ r PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 2 OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. ( B1) Time and one half of the hourly rate for the 9th. 8 10th. hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( 0 ) Double the hourly rate after 8 hours per day. ( 01) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. ( 1 ) None. ( 2 ) Labor Day. ( 3 ) Memorial Day and Labor Day. ( 4 ) Memorial Day and July 4th. ( 5 ) Memorial Day, July 4th and Labor Day. ( 6 ) New Years Day, Thanksgiving Day and Christmas Day. ( 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. ( 8 ) Good Friday. ( 9 ) Lincoln's Birthday. ( 10 ) Washington's Birthday. ( 11 ) Columbus Day. ( 12 ) Election Day. ( 13 ) Presidential Election Day. ( 14 ) 1/2 Day on Presidential Election Day. ( 15 ) Veteran's Day. ( 16 ) Day after Thanksgiving Day. ( 17 ) July 4th. ( 18 ) 1/2 Day before Christmas Day. ( 19 ) 1/2 Day before New Years Day. ( 20 ) Thanksgiving Day. ( 21 ) New Years Day. ( 22 ) Christmas Day. ( 23 ) Day before Christmas. ( 24 ) Day before New Years Day. ( 25 ) Presidents Day. ( 26 ) Martin Luther King, Jr. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS • PREVAILING RATE SCHEDULE ( )SONOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 3 ASBESTOS WORKER WAGES(per hour) 1/01/92- 7/01/92 1/01/93- 6/30/92 12/31/92 6/30/93 Asbestos Worker. . . . . . . . . . . . . $ 26.47 Additional Additional 1.50 per hr 1.50 per rh OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS� (per hour worked) $15.45 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal & Abatement Only. . . . . $ 21 .66 OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Benefits- Health/Welfare, Annuity and Training. $4.70 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGES(per hour) 9/01/91- 9/01/92- 8/31/92 8/31/93 Boilermaker. . . . . . . . . . $ 28.50 30.00 OVERTIME PAY: See ( C,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th 8th 60Y. 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $2.40 $2.40 plus 44% plus 47% of Wage of Wage Rate Rate Listed supplements apply to A" classifications ( x )Yes ( )No. 4-5 it PREVAILING RATE SCHEDULE ( )S•NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 4 CARPENTER !mcarp44-0 ------------------------------ WAGES(per hour) 7/01/92- 6/30/93 Building: Millwright. . . . . . . . . . . 23.79 OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS7 (per hour worked) $18.07 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-740 ------------------------------ WA (per hour) 7/01/92- 6/30/93 Carpet/Resilient Floor Coverer 26.66 OVERTIME PAY: On Bldg Projects See (C,O) on OVERTIME PAGE attached. OVERTIME PAY: On H/H Projects See (0,0) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 18, 19 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-5) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th, 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked) - See below. 8-2287 ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Piledriver. . . . . . . . . . . 24.66 25.66 26.66 Oockbuilder. . . . . . . . . . 24.66 25.66 26.66 OVERTIME PAY: See ( 0, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour worked - See below. 8-1456 PREVAILING RATE SCHEDULE ( )See OTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 5 Carpenter (cont) WA (per hour) 7/01/90- 7/01/91- 7/01/92 Marine Construction: 6/30/91 6/30/92 6/30/93 Marine Diver. . . . . . . . .$ 29.49 30.77 32.05 " Tender. . . . 22.73 23.62 24.51 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS• (per hour worked - See below. 8-1456/D ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman . . . . . . . . .$ 22.82 23.72 24.62 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour worked - See below. 8-1536h ------------------------------ The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS• (per hour worked) Journeyman $13.50 Apprentices $9.91 Listed supplements apply to �J� classifications ( x )Yes ( )No. 8-nyc/supp • • PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Bureau of State of New York Case Number Public Work Department of Labor 9400562 1993a-7P0 u 6/30/94 ubr liished -07/01/93 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/93 6/30/91 6/30/92 Building: 2q Bq Additional Carpenter. . . . . . . . . . . . $ 24.00 2.00 per hr Heavy/Highway: 24.89 Carpenter. . . . . . . . . . . . $ 24.05 nyFRTtME PAY: See ( A. G ) on OVERTIME PAGE attached. PAID HOLI AYS: See ( 1 ) on HOLIDAY PAGE attached. eiiOWABLE RATIO: Apprentice(S) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. t 2nd 3rd 4th. 4.017. 55% 65% 80% SUPPLEMENTAL aFNEFITS:(per hour worked) Journeyman $10.75 $11.91 Apprs 1st 8 2nd terms $ 7.495 $ 8.325 Apprs all other terms $10.75 $11 .91 4-SUF Listed supplements apply to A"' classifications ( X )Yes ( )No. FL FVATOR WA (per hour) 7/01/92- 6/30/93 Elevator Constructor. . .$ 27.77 Helper over 600 hrs. 20.83 up to 600 hrs. 13.885 Elev. Modzatn & Service 24.21 " Helper over 600 hrs. 18. 16 up to 600 hrs. 13.885 oVERTIJE PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. nVFRTiME PAY:MOOERN./Serv. See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7, 11 ,16) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFIT$, (per hour worked) Construction $ 8.77 plus 4% of Wage Modern./Service 4y8.62Wpplus Listed supplements apply to A" classifications ( X )Yes ( )No. 8-1 • PREVAILING RATE SCHEDULE ( )NOTICE PAGE ATTACHED State of New York Case Number Department of Labor Bureau of 9400562 Public work 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 7 i GLAZIER WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Glazier. . . . . . . . . . . . . . $ 24.20 Additional Additional 1. 10 per hr 1. 10 per hr. OVERTIME PAY• See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS• See ( 1 Fon HOLIDAY PAGE attached. SUPPLEMENTAL B NEFITS (per hour worked) $12. 17 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1087 ELECTRICIAN WAGES(per hour) 5/01/93- 5/01/94- 4/30/94 4/30/95 Electrician. . . . . . . . . . $ 29.35 29.35 Audio/Sound. . . . . . . . . . 29.35 29.35 Fire/Intruder Alarm. , 29.35 29.35 OVERTIME PAY- See Following Note' plus ( B', 0 ) on OVERTIME PAGE attached. Note': 9th, lOth & 11th hrs of wk weekdays to be paid at 1 1/2 times straight time rate All additional weekday hours double time. PAID HOLIDAYS• See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO. 1st yr Appr to other Apprentices to Journeymen (0-1-1) ( 1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 6mo2nd 6mo 2nd 3rd 4th 5th 30X 35X 4oX SOX O . 70% SUPPLEMENTAL B NEFITS•(percents based on gross wages-others per hour) Journeyman $15.75 $16.65 Appr 1st term 6.82 7.72 Appr 2nd term 7.45 8.35 Appr 3rd term 8. 11 8.91 Appr 4th term 9.31 10.27 Appr 5th term 10.64 11 .53 Appr6th term 11 .94 12.84 Listed supplements apply to ALL classifications (X)Yes ( )No 4-25 ------------------------------ • PREVAILING RATE SCHEDULE ( )See OTICE PAGE ATTACHED E State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 8 ELECTRICIAN (cont) WA�ES(per hour) 5/01/93- 5/01/94- 4/30/94 4/30/95 Lineman. . . . . . . . . . . . . . $ 29.35 $29.35 Technician. . . . . . . . . . . 29.35 29.35 Heavy Equip. Oper. . . . 29.35 29.35 Truck Driver. . . . . . . . . 29.35 29.35 Groundman. . . . . . . . . . . . 29.35 29.35 OVERTIME PAY: See Following Note' plus (B',0 ) on OVERTIME PAGE attached. Not; 9th,10th 8 11th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) ( 1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 30% 35% 40% 50% 607. 70% SUPPLEMENTAL BENEFITS- (percents based on gross wages-others per hour) Journeyman $15.75 16.65 Appr 1st term $ 6.82 7.72 Appr 2nd term $ 7.45 8.35 Appr 3rd term $ 8. 11 8.91 Appr 4th term $ 9.31 10.27 Appr 5th term $10.64 11 .53 Appr 6th term $11.94 12,84 Listed supplements apply to ALL classifications (X)Yes ( )No. 4-251ine ------------------------------ Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES(per hour) 5/01/91- 5/01/92- 5/01/93- 4/30/92 4/30/94 4/30/95 Electrician 21.76 Additional Additional .91 per hr .94 per hr OVERTIME PAY: See ( B. G, F ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd 4th 40% SUPPLEMENTAL BENEFITS (per hour worked) 3% of gross wages plus 33% of straight time rate plus $ .75 per hr. Listed supplements apply to classifications ( X )Yes ( )No 4-25m • PREVAILING RATE SCHEDULE ( VNOTICE PAGE ATTACHED State of New York Case Number • Department of Labor Bureau of 9400562 Public Work 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 9 TELEPHONE Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- Telephone System Technician/Cable Splicing Starting. . . . . . . . . . 6.90 After 6 mos. . . . . . . 7.59 " 12 mos. . . . . . . 8.33 18 mos. . . . . . . 9. 18 " 24 mos. . . . . . . 10.09 " 30 mos. . . . . . . 11.08 36 mos. . . . . . . 12.20 42 mos. . . . . . . 13.40 " 48 mos. . . . . . . 14.74 54 mos. . . . . . . 16.20 60 mos. . . . . . . 17.83 Cable Splicing Technician Helper Start. . . . . . . . . . . . . . . . . 6.08 After 6 mos. . . . . . . . . . 6.68 12 mos. . . . . . . . . . 7.33 " 18 mos. . . . . . . . . . 8.06 " 24 mos. . . . . . . . . . 8.85 " 30 mos. . . . . . . . . . 9.74 36 mos. . . . . . . . . . 10.71 " 42 mos. . . . . . . . . . 11.78 " 48 mos. . . . . . . . . . 12.94 Service Technician Starting. . . . . . . . . . 6.90 After 6 mos. . . . . . . 7.58 " 12 mos. . . . . . . 8.33 " 18 mos. . . . . . . 9. 15 24 mos. . . . . . . 10.05 " 30 mos. . . . . . . 11.05 36 mos. . . . . . . 12. 14 " 42 mos. . . . . . . 13.35 " 48 mos. . . . . . . 14.66 " 54 mos. . . . . . . 16. 13 60 mos. . . . . . . 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO• Apprentice(s) to Journeymen ( ) APPRENTICFc• (None ) SUPPLEMENTA pFNE=TTS•(per hour worked) 14% of wage Listed supplements apply to Atsl classifications ( )Yes ( )No. nytele/ns i i I I PREVAILING RATE SCHEDULE ( )NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400552 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 10 TELEPHONE(cont) Rates listed below are for installation of customer provided telephone equipment from point of demarcation. WA (per hour) 5/27/90- 5/26/91- 5/25/91 Telephone System Technician Starting. . . . . . . . . . 6.88 7.03 After 6 mos. . . . . . . 7.61 7.77 " 12 mos. . . . . . . 8.40 8.58 " 18 mos. . . . . . . 9.28 9.48 24 mos. . . . . . . 10.26 10.48 30 mos. . . . . . . 11.32 11 .58 " 36 mos. . . . . . . 12.51 12.80 " 42 mos. . . . . . . 13.82 14. 13 " 48 mos. . . . . . . 15.27 15.61 54 mos. . . . . . . 16.87 17.25 " 60 mos. . . . . . . 18.63 19.06 Technician Asst. Start. . . . . . . . . . . . . . . . . 6.38 6.52 After 6 mos. . . . . . . . . . 7.01 7. 16 " 12 mos. . . . . . . . . . 7.70 7.86 " 18 mos. . . . . . . . . . 8.45 8.63 " 24 mos. . . . . . . . . . 9.27 9.48 " 30 mos. . . . . . . . . . 10. 18 10.41 Senior Technician Starting. . . . . . . . . . 6.88 7.03 After 6 mos. . . . . . . 7.65 7.81 " 12 mos. . . . . . . 8.48 8.67 " 18 mos. . . . . . . 9.42 9.62 " 24 mos. . . . . . . 10.46 10.68 " 30 mos. . . . . . . 11 .61 11 .86 " 36 mos. . . . . . . 12.88 13. 17 " 42 mos. . . . . . . 14.31 14.62 " 48 mos. . . . . . . 15.88 16.23 " 54 mos. . . . . . . 17.63 18.02 " 60 mos. . . . . . . 19.57 20.00 Services Technician Start. . . . . . . . . . . . . . . . . 6.88 7.03 After 6 mos. . . . . . . . . . 7.61 7.77 " 12 mos. . . . . . . . . . 8.40 8.58 18 mos. . . . . . . . . . 9.28 9.48 24 mos. . . . . . . . . . 10.26 10.48 " 30 mos. . . . . . . . . . 11.32 11.58 " 36 mos. . . . . . . . . . 12.51 12.80 42 mos. . . . . . . . . . 13.82 14. 13 " 48 mos. . . . . . . . . . 15.27 15.61 " 54 mos. . . . . . . . . . 16.21 16.57 OVERTIME PAY: See (B,I,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6, 16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Full Time & Part Time Employees working 25 or more hours per work. 19.3% of 19.37 of wage wage Part Time Employees 0 thru 16 hours 9.3% of 9.3% of wage wage 17 thru 24 hours 14.31 of 14.3% of wage wage Listed supplements apply to A" classifications (X)Yes ( )No. att/ + PREVAILING RATE SCHEDULE ( )S NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 11 �i IRONWORKER WAGES(per hour) 1/01/92- 7/01/92- 6/30/92 6/30/93 Structural. . . . . . . . . . . $ 23.50 Additional Riggers. . . . . . . . . . . . . . 23.50 2.45 Machinery Movers. . . . . . 23.50 per " Erectors. . . . 23.50 hour OVERTIME PAY: See ( B, 81, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 18, 19 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-4)(2-8)(3-15) APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th_ 12.09 13. 19 13. 19 13.80 13.80 13.80 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $23.83 Apprentices $17.43 Listed supplements apply to ASI classifications ( X )Yes ( )No. 8-40/361W ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Reinforcing. . . . . . . . . . 22.95 Additional Additional 1.90 per hr 2.05 per hr OVERTIME PAY: See ( C, 0, •V ) on OVERTIME PAGE attached. •V applies to Annuity 8 Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $12.63 Apprentices $ 5.88 plus wage % of $ 6.75 Listed supplements apply to A I classifications ( X )Yes ( )No. 8-46 ------------------------------ WAGES(per -----------------------------WA (Per hour) 1/01/92- 7/01/92- 6/30/92 6/30/93 Ornamental. . . . . . . . . . . 23.60 Additional Chain Link Fence. . . . . 23.60 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-4)(2-10)(3-20) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage, 1st 2nd 3rd 4th 5th, 6th. 60% 65% 7O% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $16.80 Listed supplements apply to A" classifications ( x )Yes ( )No. B-580 • PREVAILING RATE SCHEDULE ( )Sem NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page, 12 LABORER WAGES(per hour) 7/01/92- 1/01/93- 12/31/92 6/30/93 Building Laborer: All Classifications. . .$ 20.00 Additional .60 per hr QVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY • See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFIT4• (per hour worked) $10.63 Listed Supplements apply to ALL classifications ( x )Yes ( )No. 4-66 ------------------------------ Laborer(Heavy/Highway) : Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers and Tampers. Group # 3: Basic Laborer, Power Tool , Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES(per hour) 6/01/93- 6/01/94- 6/01/95 5/31/94 5/31/95 5/31/96 Heavy/Highway Laborer: Group # 1. . . . . . . . . . . . . $ 21.62 22.58 23.57 Group # 2. . . . . . . . . . . . . 21. 12 22.07 23.04 Group # 3. . . . . . . . . . . . . 19.47 20.37 21.29 OVERTIME PAY- See ( 8, H, E4 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7, 12,20) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS-(per hour worked) $ 9.40 Listed supplements apply to Ate, classifications ( x )Yes ( )No. 4-1298 i i PREVAILING RATE SCHEDULE ( )SeZrNOTICE PAGE ATTACHED State of New York Case Number Bureau of • Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 13 LATHER WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire & Reinforcing) . . . 22.95 Additional Additional 1.90 per hr 2.05 per hr OVERTIME PAY: See ( C, 0, V' ) on OVERTIME PAGE attached. PAID HOLIDAYS• See ( 1 ) on HOLIDAY*PAGEiattachedation Only. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 50% 757 85% SUPPLEMENTAL BENEFITS- (per hour worked) Journeyman $12.63 Apprertices $ 1.88 plus wage % of $ 6.75 Listed supplements apply to AL classifications ( X )Yes ( )No. 8-46 • PREVAILING RATE SCHEDULE ( )SONOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9400562 Public Work 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WA (per hour) 6/01/92- 5/31/93 Building: Bricklayer. . . . . . . . . . . . $ 27.59 OVERTIME PAY: See ( A, E, 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th+. 5th(500hr) 6th(500hr) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $11.25 Apprentices $ 9.70 Listed supplements apply to A" classifications C )Yes ( X )No. 8-NYOC WA (per hour) 7/01/91- 7/01/92- 6/30/92 6/30/93 Cement Mason. . . . . . . . . . 24.22 Additional 1 .97 per hr OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $12.55 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-780 WAG S(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- 12/31/90 6/30/91 6/30/92 6/30/93 Building: Plasterer. . . . . . . . . . . . . 21 . 10 Additional Additional Additional 1 . 10 per hr 1 .75 per hr 1.75 per hr OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 40% 50% 60% 60% 80% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $9.73 Apprentices wage % of $9.37 Listed supplements apply to A classifications (X)Yes ( )No. 8-852 • PREVAILING RATE SCHEDULE ( )*NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 15 Mason (cont) WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- Building: 6/30/92 12/31/92 6/30/93 Mosaic & Terrazzo Worker. . 24.79 Additional Additional Helper. . 23.48 1.00 per hr. 1.00 per hr OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY• See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS•(per hour worked) $10.99 Listed supplements apply to Aid classifications ( x )Yes ( )No. 8-3 WAGES(per hour) 4/27/92- 4/28/93- Building: 4/27/93 4/27/94 Tile Layer. . . . . . . . . . . . 24.91 Additional 2.00 per hr. OVERTIME PAY: See ( A. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO• Apprentice(s) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 4th 5th 6th 45% 50% 55% 60% 70% 80% SUPPLEMENTAL BENEFITS• (per hour worked) $12.41 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-52 WAGES(per hour) 5/04/92- 5/03/93- 5/02/93 5/02/94 Building: Tile Layer Helper & Finisher. . . . . . .$ 22.45 23.70 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS•(per hour worked) $9.87 $10.09 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-88 • PREVAILING RATE SCHEDULE ( JPNOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 16 Mason (cont. ) WAGES(per hour) 7/01/92- 6/30/93 Cutting Cleaner(Mason) $ 28.85 Sandblasting(Mason) . . . 29.50 Pointer, Cleaner,& Caulker(Mason) . 28.85 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1-1)(1-5) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 55% 70% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $12.92 Appr 1St year $10.32 Appr 2nd year $11. 17 Appr 3rd year $12.05 Listed supplements apply to A" classifications (X)Yes ( )No. 4-66w WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Stone Setter. . . . . . . . . . $ 27.01 Additional Additional 1.35 per hr 1.35 per hr OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 18 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th, 6th. 7th. 8th. 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $15.60 1st & 2nd yr Apprs. $12.06 All other Apprs $15.60 Listed supplements apply to A" classifications ( x )Yes ( )Nc. 8-84 WAGES(per hour) 1/01/93 6/30/93 Derrickman/Rigger. . . . $ 27.31 OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman' s wage. ler 2nd 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS: (per hour worked) $18. 18 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-197 • PREVAILING RATE SCHEDULE ( )SOOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 17 Mason (cont. . ) WAGES(per hour) 7/01/93- 1/01/94- Building: 12/31/93 6/30/94 Marble- Sawyer, Rubber & Polisher. . . . . . . . . . .$ 28,78 add .85 per hr. Marble- Cleaner. . . . . . . 14.37 no add per hr Maintenance. . . 13.22 no add per hr OVERTIME PAY: See (A,E,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY• Journeymen except Cleaners and Maintenancemen receive 1/2 days pay for Labor Day, Cleaners, Maintenancemen and 1st three terms of apprentices receive (5,6, 11, 15 ) on HOLIDAY PAGE attached. All others no paid holidays. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1St_, 2nd 3rd 4th 5th 6th 7th 8th 50% 54% 597. 63% 67% 72% 76% 80% SUPPLEMENTAL BENEFITS,(per hour worked) Sawyer/Rubber/Polisher $11 .62 Cleaner/Maintenance $ 3.50 Apprentices $ 5.43 plus wage % of $ 6. 19 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 7/01/92- 1/01/93- 7/01/93- 1/01/94 Building: 12/31/92 6/30/93 12/31/93 6/30/94 Marble Cutters & Setters. . . . . . . . . . . . .$ 27. 14 27.64 28. 14 28.64 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY• Journeymen receive 4 hrs pay on Labor Day. Apprentices 1st three terms See (5,6,8, 10, 15 ) on HOLIDAY PAGE attached plus any day following a Thursday or Sunday Holiday. All other Apprentices See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO• Apprentices) to Journeymen ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 4th 5th 6th. 50% S'S--y 651: 701 80% 95% SUPPLEMENTAL BENEFITS•(pr hour worked) Journeyman $11.82 $12.40 $12.98 $13.55 Apprentices $ 5.58 plus $ 5.89 plus $ 5.89 plus $ 6.05 plus wage " of wage % of wage % of wage % of $ 5.24 $ 6.51 $ 7.09 $ 7.50 Listed supplements apply to els classifications ( x )Yes ( )No. 8-4 • PREVAILING RATE SCHEDULE ( )*NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 18 Mason (cont. . . ) WAGES(per hour 7/01/93- 1/01/94- 12/31/93 6/30/94 Marble-Riggers, Crane 8 Derrickman $ 24.82 Addit. .70 per hr. OVERTIME PAY• See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY• 1/2 Day for Labor Day. SUPPLEMENTAL BENEFITS-(per hour worked) $19.47 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-20 PAINTER WAGES(per hour) 10/01/91- 10/01/92- 10/01/93- Steel 9/30/92 9/30/93 9/30/94 Steel, Bridge. . . . 28.60 30.03 31.83 Spray. . . . . . . . . . . . 30.60 32.03 33.83 " Sandblasting. . . . . 30.60 32.03 33.83 " Power Tool. . . . . . . 30.60 32.03 33.83 OVERTIME PAY: See ( A,F,R ) on OVERTIME PAGE attached. PAID HOLIDAY• See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO, Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 ) 1year terms at the following percentage of Journeyman's wage. st. 2nd 50Y. 65% SUPPLEMENTAL BFNEFITS•(per hour worked) 34 1/2% 34 1/2% 34 1/2% Plus Plus Plus $2.00 $2.00 $2.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-806 ------------------------------ WAGES(per hour) 8/01/92- 7/31/93 Drywall Taper. . . . . . . . . $ 26.29 OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIOS Apprentices to Journeyman(1 - 1, 1 - 6,2 - 7) APPRENTICES: (1 / 2) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 50Y. box 75% 90% SUPPLEMENTAL SENFFITS•(per hour worked) 37 1/2% 37 1/21, 37 1/2% Listed supplements apply to A" classifications ( x )Yes ( )No. 8-1974 ------------------------------ • PREVAILING RATE SCHEDULE ( )E&OTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 19 i Painter (cont) WAGES(per hour) 4/01/93- 3/31/94 Brush. . . . . . . . . . . . . . . . . . 23.88 Structural Steel. . . . . . . 31.46 Spray, Scaffold. . . . . . . . 26.35 Sandblasting. . . . . . . . . . . 26.35 OVERTIME PAY: See ( A. K ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 20, 21, 22 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1St. 2nd. 3rd. 4th, 5th. 6th. Brush 10.73 10.73 16.01 16.01 19. 11 19. 11 Scaff./SB 11.84 11.84 17.62 17.62 21.09 21.09 Struc.Stl. 12.94 12.94 19.24 19.24 23.08 23.08 SUPPLEMENTAL BENEFITS- (per hour worked) Journeyman $11.40 Appr 1st year $ 4.76 Appr all other terms $ 9. 13 Listed supplements apply to ALL classifications (X)Yes ( )No. 4-1486 WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger. . . . . . . . . . . 23.38 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO• Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES, ( 1/2 ) year terms at the following percentage of Journeyman's wage. SOY. 60% 657 70% 60% 90% SUPPLEMENTAL BENEFITS• (per hour worked) Journeyman $ 9. 13 Apprentices Wage % of $ 9. 13 Listed supplements apply to ALL classifications (X)Yes ( )No. 4-1486 I 0• PREVAILING RATE SCHEDULE ( )S NOTICE PAGE ATTACHED State of New York Case Number Bureau of • Department of Labor Public Work 9400562 , 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 20 PLUMBER WAGES(per hour) 7/01/92- 1/01/93- 7/01/93- 1/01/94- 12/31/92 6/30/93 12/31/93 4/30/94 i Plumber. . . . . . . . . . . . . . $ 29.20 29.85 30.50 31. 15 OVERTIME PAY, See (A,D,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES, ( 1 ) year terms at the following percentages of Journeymans wage 1st. 2nd. 3rd 4 45th 5th 79 5079 657 70; 75% SUPPLEMENTAL BENEFITS• (per hour worked) Journeyman $12. 18 $12.43 $12.68 $12.93 Appr 1st term $ 7.44 $ 7.59 $ 7.74 $ 7.89 Appr 2nd term $ 7.53 $ 7.68 $ 7.83 $ 7.98 Appr 3rd term $ 7.62 $ 7.77 $ 7.92 $ 8.07 Appr 4th term $ 7.72 $ 7.87 $ 8.02 $ 8. 17 Appr 5th term $ 7.81 $ 7.96 $ 8. 11 $ 8.26 Listed supplements apply to ALL classifications ( X )Yes ( )No 4-775 ! iplumR775 RESIDENTIAL Not Available 4-775r • PREVAILING RATE SCHEDULE ( )SOOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 21 STEAMFITTER/SPRINKLER FITTER WAGES(per hour) 1/01/92- 7/01/92- 12/30/92- 6/30/92 12/29/92 6/30/93 Steam Fitter. . . . . . . . . . $ 27.70 Additional Additional Sprinkler Fitter. . , . , , 27.70 1.50 per hr 1.50 per hr OVERTIME PAY: See ( C,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 4th % 6h 80h., 80h 9th. loth.40% 40% 50% 50% % 85% 85% SUPPLEMENTAL BENEFITS• (per hour worked) Journeyman $14.64 Apprentices $ .29 plus term % of $14.35 Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-638s/s ------------------------------ WAG (per hour) 7/01/92- 6/30/93 Refrigeration, A/C, Oil Burner and Stoker Service and Installations. Limited on Refrigeration to combined compressors up to five (5) horsepower and on A/C, Heating and Air Cooling to combined compressors up to ten ( 10) horsepower. Steamfitter. . . . . . . . . . $ 19.35 OVERTIME PAY: See ( B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 6mo 2nd 6mo 2nd yr 3rd yr 4th yr. 5.45 9. 13 11.09 13.08 15.79. SUPPLEMENTAL BENEFITS• (per hour worked) Journeyman $ 3,92 Apprentices 1st year $ 3.21 2nd year $ 3.34 3rd year $ 3.50 4th year $ 3.71 Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-638s/ssery • PREVAILING RATE SCHEDULE ( )SIROTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 22 ROOFER WAGES(per hour) 4/01/93- 9/30/93 Roofer/Waterproofer. . $ 22. 14 OVERTIME PAY-New Roof• See ( A. E. 0 ) on OVERTIME PAGE attached. OVERTIME PAY-Reroof• See(B, E, 0) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5)(3 - 5) APPRENTICES* ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd 3rd 4th 5th 6th 50% 55% 607. 65% 707 75% SUPPLEMENTAL BENEFITS� (per hour worked) Journeyman $14.58 Apprentices Wage % of 14.55 plus $ .03 Listed supplements apply to AiL, classifications (X)Yes ( )No. 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/93- 7/31/93 Sheetmetal Worker. . . . $ 29.52 Siding 8 Decking Speciality workers receive 70% of Journeymans wage. Limited to 4 Speciality workers for each Full rate journeyman. OVERTIME PAY: Siding 8 Decking See (B,E,O ) on OVERTIME PAGE attached. OVERTIME PAY: All other work See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1-1)(1-4) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 8.86 10.33 11.81 13.28 14.76 16.24 17.71 20.66 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $16. 10 Appr 1st term $ 6.31 Appr 2nd term $ 6.92 Appr 3rd term $ 7.57 Appr 4th term $ 8.22 Appr 5th term $ 8.98 Appr 6th term $10.20 Appr 7th term $10.77 Appr 8th term $12.93 Siding/Deck Spec. $ 4.57 Listed supplements apply to A" classifications ( X )Yes ( )No. 8-28 II • PREVAILING RATE SCHEDULE ( )SONOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 23 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER Truck Driver(Building and Heavy/Highway) : GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. WA (per hour) 7/01/92- 6/30/93 Truck Driver (Building and Heavy/Highway) : Group 1. . . . . . . . . . . . . . 21.935 Group 2. . . . . . . . . . . . . . 22.495 OVERTIME PAY: See ( S. E. P. T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7, 11, 12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) $12.7425 Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR WAGES(per hour) 7/01/93- 3/01/94- 11/01/94- 2/28/94 10/31/94 6/30/95 Sign Erector. . . . . . . . $ 22.45 22.85 23.25 OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: ( 5,6, 10, 11, 12, 16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 15.1. 2nd. 3rd. 4th 5th 6th 7th 8th 9th 10th 35% 40X 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL SENEFITS: (per hour worked) Journeyman $ 4.41 plus $ 4.57 plus $ 4.83 plus $25.00 per $26.00 per $27.00 per day plus day plus day plus 19% of wage. 19% of wage. 20% of wage. Appr 1st & 2nd yrs $ 3.48 plus $ 3.79 plus $ 4.40 plus 2% of wage 2% of wage 2% of wage Appr 3rd yr $ 2.66 plus $ 2.97 plus $ 3.58 plus $2.00 per $ 2.00 per $ 2.00per day plus day plus day plus 17% of wage 17% of wage 18% of wage Appr 4th yr $ 2.66 plus $ 2.97 plus $ 3.58 plus $4.00 per $ 4.00 per $ 4.00 per day plus day plus day plus 19% of wage 19% of wage 20% of wage Appr 5th yr $ 2.66 plus $2.97 plus $3.58 plus $6.00 per $6.00 per $6.00 per day plus day plus day plus 19% of wage 19% of wage 20% of wage Listed supplements apply to A( classifications ( X )Yes ( )No. 8-137 • PREVAILING RATE SCHEDULE ( )SONOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/44 Published -07/01/93 SUFFOLK COUNTY Page 24 j HIGHWAY STRIPER WAGES(per hour) 4/01/92- 4/01/93- 3/31/93 3/31/94 Painter(Striping-Highway etc. ) : Striping-Machine Oper.$ 16.92 17.57 Helper. . . . . . . . . 15. 14 15.79 Linerman. . . . . . . . . . . . . . 17.44 18.09 OVERTIME PAY: See ( 8,E,P,S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,8, 10, 11, 12.15, 16 ) on HOLIDAY PAGE attached. ,SUPPLEMENTAL BENEFITS: (per hour worked) $ .50 plus $ .50 plus 24 % of 24% of wage wage Listed supplements apply to A. L classifications ( x )Yes ( )No. 8-230 TREE TRIMMER WA (per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer-T 7 (start) . . . $ 7.75 " -T 6 after 6 mo. 8.32 -T 5 12 mo. 8.54 " -T 4 18 mo. 8.93 " -T 3 24 mo. 9.70 -T 2 30 mo. 10. 14 " -T 1 36 mo. 11.56 Oriver,Groundsman. . . . . . 9.53 OVERTIME PAY: See ( B, E. O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12, 18,19)) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/welfare. . . . . . . . $ Contr.Provide H. 8 W. + $10,000 Life Ins. Annuity. . . . . . . . . . . . . . . .35 Holidays. . . . . . . . . . . . (12 paid) . Vacation - after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. - pro-rated if less than 1700 hrs. in prior year. Listed supplements apply to Aj,J� classifications ( x )Yes ( )No. 4-1049t Ii . PREVAILING RATE SCHEDULE ( )4JOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 25 SURVEY CREW WAGES: (per hour) 8/01/90- 7/01/91 7/01/92- j 6/30/91 6/30/92 6/30/93 Survey Rates-Building: Party Chief. . . . . . . . . 22.31 Additional Additional 2.09 per hr 2.09 per hr Instrument Man. . . . . . 19.24 Additional Additional 1.68 per hr 1 .68 per hr Rodman/Chainman. . . . . 12.67 Additional Additional 1 .31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7, 11 , 12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL 8 N FITS• (Per hour worked) $10.25 Listed supplements apply to 6_LL classifications ( x )Yes ( )No. 8-150b ------------------------------ WA :(per hour) 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief. . . . . . . . . 22.20 Additional Additional 2.22 per hr 1 .84 per hr Instrument Man. . . . . . 18.91 Additional Additional 1 .77 per hr 1.67 per hr Rodman/Chainman. . . . . 17.00 Additional Additional 1 .65 per hr 1 .56 per hr OVERTIME PAY: See (B,E,0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7, 11 , 12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) $10.25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15D-N/S SURVEY CREW - CONSULTING ENGINEERS Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. WA :(per hour) 8/01/88- 7/01/89- 7/01/90- 6/30/89 6/30/90 6/30/91 Survey Rates: Party Chief. . . . . . . . . 18.01 18.61 19.01 Instrument Man. . . . . . 15. 18 15.78 16. 18 Rodman/Chainman. . . . . 12.43 13.03 13.43 OVERTIME PAY: See ( B,E,0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7, 11 ,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) $ 4.42 $ 5.02 $ 5.87 Listed supplements apply to classifications ( x )Yes ( )No. 8-15Dc r • PREVAILING RATE SCHEDULE ( )*NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9400562 Public Work 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 26 DRILLING WA (per hour) 10/17/91- 10/17/92- 10/17/93- 10/16/92 10/16/93 10/16/94 Core Drilling: Driller. . . . . . . . . . . . $ 18.735 19.485 20.235 Helper. . . . . . . . . . 16.725 17.225 17.725 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) $ 6. 19 $ 6. 19 $ 6. 19 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536 ------------------------------ WA (per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Driller: " Driller. . . . . . . . .$ 16.40 Additional Additional " Helper. . . . . 14.40 1.00 per hr 1.00 per hr. OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) $ 4.25 plus 9 % of wage Listed supplements apply to 9," classifications ( x )Yes ( )No. 4-138well • PREVAILING RATE SCHEDULE ( )NOTICE PAGE ATTACHED State of New York Case Number Bureau of Public Work Department of Labor 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 27 POWER EQUIPMENT OPERATOR WAGES(per hour) 7/01/92- Building: 6/30/93 Hoist(Multiple Platform) 26.43 Lead Engineer 25.035 Hoist(Tandem Platform 24.81 Tower Crane(Engineer) 24.39 SideBoom Tractor(Used in tank work) 24.095 Scoop, Carry-all , Scraper in tandem 24.01 Boom Trucks or Cranes (used for stone setting or structural steel) 23.96 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.935 Tank Work 23.86 Hoist, 2 Drum, Hoist, 3 Drum 23.81 Backhoe,Dragline, Gradall , Pile Driver, Shovel 23.835 Elevator, Fork Lift, Hoist, 1 Drum 23.76 Batching Plant(on site of job) , Power Winch(used for stone or steel) , Power Winch (Truck Mounted-used for stone or steel) , Pump, Concrete 23.735 Dredge 23.71 Roller, Trench Machine 23.635 Welding Machine, Structural Steel 23.61 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi) , Plant Engineer, Stone Spreader (Self-Propelled) 23.585 Asphalt Spreader 23.56 Fork Lift(Walk Behind, Power Operated) 23.55 Compressor(Structura Steel) 23.535 Boiler, Bulldozer, Compressor(on Crane) , Compressor(Pile Work) , Compressor(stone setting) , Concrete Breaker, Conveyor, Generator-Pile Work, Loading Machine(Front End) , Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel) , Power Winch, Truck Mounted(used for other than stone or steel , Pulvi-Mixer,Pump(Oble Action Diaphragm) , Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point) , Welding and Burning, Welding Machine (Pile Work) 23.385 Curb Machine(Asphalt or Concrete) , Curing Machine, Pump(Submersible) , Maintenance Man 23.33 Grader 23. 16 Compressor, Compressor(2 or more in battery) , Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over) , Track Tamper(2 Engineers.Each) , Welding Machine 23. 135 Stiping Machine 23.06 Bulldozer(used for excavation) , Fireman, Loading Machine, Powerbroom, Vac-All 23.01 Concrete Saw or Cutter, Mixer(with Skip) , Mixer(2 Small with or without Skip) , Pump(Up to 3 inches) ,Tractor,Craterpillar or Wheel, 22.635 Scoop(Carry-All Scraper) 23.01 Hydra Hammer, Ridge Cutter 22.56 Bending Machine, Dinky Locomotive, Generator(Small) , Vibrator(1 to 5) , 22.385 Power Buggies 22.26 Stump Chipper and Oiler 22.035 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 22.01 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7, 11 ,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-6) Apprentice wage rate is $17.945 plus full benefits for 36 month term. SUPPLEMENTAL BENEFITS: (per hour worked) $15.04'Note *Note: $ 4.00 of this amount paid at premium oratns ( for overtime o. 4-138b Listed supplements apply to ------------------------------ PREVAILING RATE SCHEDULE ( )*NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/A4 Published -07/01/93 SUFFOLK COUNTY Page 28 Operating Engineer (cont) WAGES(per hour) 7/01/92- HEAVY / HIGHWAY: 6/30/93 Scoop(Carry-All,Scraper in Tandem) , Tower Crane(Engineer) , 24.635 Backhoe, Crane(Stone Setting) — Crane(Structural Steel) , Dragline, Gradall, Pile Driver, Road Paver, Shovel 24.38 Batching Plant(on site of job) , Crane(on Barge) , Sideboom Tractor(used in tank work) , Tank Work 24.235 Hoist(3 Drum) , Power Winch(Truck Mounted-used for stone or steel) , Power Winch(used for stone setting and/or structural steel) ,Trench Machine 24.225 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes) , CMI or Maxim Spreader, Crane(Crawler or Truck) , Concrete Spreader, Conveyor, Multi , Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 24.01 Boring Machine, Post Holes 23.95 Compressor(Stone Setting) ,Compressor(Structural Steel) , Welding Machine(structural steel) 23.895 Dredge 23.845 Work Boat 23.835 Compressor(on Crane) , Compressor(Pile Work) , Generator-Pile Work, Hoist,2 Drum, Loading Machine(Front-End) , Powerhouse, Power Winch(Truck Mounted-used for other than stone or steel) ,Power Winch(other than stone or struct.steel) ,Welding Machine,Pile Work 23.735 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 23.55 Boiler 23.51 Pump, Concrete 23.47 Compressor(2 or more in battery 23.43 Grader 23.415 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over) , Pumps(Hydraulic, ,Jet, Submersible and Well Point) , Roller(5 ton and under) , Scoop,Carry-Al1 ,Scraper, Maintenance Man, Vac-All , Welding & Burning 23.27 Generator 23. 12 Portable Heaters 23.375 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm) ,Pump-Gypsum, Pump(Single Action 1 to 3) , Striping Machine, Welding Machine 22.825 Powerbroom 22.25 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip) , Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 22. 11 Vibrator( 1 to 5) 21 .905 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each) , Deck Hand 21.80 Generator(Small) 21 .795 Bending Machine, Pump, Centrifugal(up to 3 inches) , Trench Machine(hand) 21 .76 Tractor,Caterpillar or Wheel 21 .585 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7, 11 ,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(2-6) Apprentice Rate is $17.945 plus full benefits for 36 Month term. SUPPLEMENTAL BENEFITS: (per hour worked) $15.04•Note 'Note: $ 4.00 of this amount paid at premium rate for overtime hours. Listed supplements apply to A." classifications ( x )Yes ( )No. 4-138h PREVAILING RATE SCHEDULE i )0 NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 29 MARINE CONSTRUCTION WAGES(per hour) 10/01/92- 10/01/93- 10/01/94- 10/01/95- Hydraulic Dredge: 9/30/93 9/30/94 9/30/95 9/30/96 Class A: Leverman 20.77 21.56 22.44 23.35 Engineer, Derrick Op. 19.57 20. 11 20.78 21.51 Chief mate on Dredge 19.28 19.82 20.47 21 .20 Class C: Maint. Eng. 19.23 19.72 20.32 21.04 Mate 17.97 18.41 18.97 19.65 Boat Captain 18. 11 18.56 19. 12 19.80 Class D: Deckhand 15.30 15.51 15.83 16. 15 Fireman, Oiler 15.89 16. 11 16.44 16.77 Shoreman 15.30 15.51 15.83 16. 15 ------------------------- Tug Boats: Class A: Tug Master 18.94 19.41 20.00 20.71 Tug Chief Engineer 18.46 18.92 19.49 20. 19 Class C. Tug Captain 18. 11 18.56 19. 12 19.80 Tug Engineer 18. 11 18.56 19. 12 19.80 Class D: Tug Deckhand 15.50 15.71 16.03 16.36 ------------------------- Dipper and Clamshell Dredges: Class A: Operator 21. 14 21 .94 22.83 23.76 Engineer 19.98 20.54 21 .22 21.97 Class C: Maint.Engineer 19.23 19.72 20.32 21 .04 Mate 17.97 18.41 18.97 19.65 Boat Master, Welder 18.95 19.42 20.01 20.72 Boat Captain 18. 11 16.56 19. 12 19.80 Class D: Oiler 15.89 16. 11 16.44 16.77 Deckhand 15.50 15.71 16.03 16.36 ------------------------- OVERTIME PAY: See ( B. E, P. S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS SUPPLEMENTAL BENEFITS: (per hour worked. ) All Class A $ 4.53 $ 4.63 $4.63 $4.63 plus plus plus plus 8% of 8% of 8% of 8% of wage wage wage wage All Class C $ 4.24 $ 4.34 $ 4.34 $ 4.34 plus plus plus plus 8% of 8% of 8% of 8% of wage wage wage wage All Class D $ 3.96 $ 4.06 $ 4.06 $ 4.06 plus plus plus plus 8% of 8% of 8% of 8% of 4-25a wage wage wage wage • PREVAILING RATE SCHEDULE ( )SJ 0OTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 30 MARINE CONSTRUCTION(cont) WA (per hour) 10/01/92- 10/01/93- 10/01/94- 10/01/95 9/30/93 9/30/94 9/30/95 9/30/96 Drill Boat: Class A: Engineer 20.32 20.89 21.58 22.35 Blaster 20.54 21. 12 21.81 22.59 Driller 20.33 20.90 21.59 22.36 Class C: Welder/Machinist 20.27 20.79 21.42 22. 18 Class 0: Oiler/Helper 18.61 18.88 19.27 19.66 Deckhand 14.63 14.83 15. 15 15.43 OVERTIME PAY: See ( B. E. P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Class A $ 4.63 plus $ 4.63 plus $4.63 plus $ 4.63 plus 8% of wage 8% of wage 8% of wage 8% of wage Class C $ 4.34 plus $ 4.34 plus $ 4.34 plus $ 4.34 plus 8% of wage 8% of wage 8% of wage 8% of wage Class D $ 4.06 plus $ 4.06 plus $ 4.06 plus $ 4.06 plus 8% ofwage 8% of wage 8% of wage 8% of wage Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES • STATE OF NEW YORK • DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 01/05/94 Page t LIST OF EMPLOYERS INEITGIBLc TO BID ON OR BE AWARDED ANY PUBLIC W0RK Under Article 8 of the Labor Law, if within any six year period two final determinations are rendered against an employer finding that they have wilfully violated the prevailing wage law, they are debarred, that is, they are ineligible to submit a bid on, be awarded, or participate as a contractor or subcontractor on any public work contract let by the State, any municipal corporation, or public body for a period of five years from the date of debarment. Below is a list of the employers who have been debarred. CONTRACTOR Number Date Date Fiscal Barred of of 1st of Last Officer Until Determ's Wilful Wilful (see Note: ) L & M Company, A Oiv.of Nieto Roofing Contractors,Inc. ( 3 ) 05/05/87 09/13/89 DOL 9/13/94 501 Willett Ave. ,Port Chester,NY 10573 J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Hgt. ( 2 ) 05/07/87 05/16/89 DOL 5/16/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc. a/k/a Premier Restoration & Supply, Inc. and 4/13/94 ( 2 ) 09/17/86 04/13/89 DOL 178 Front Ave. , West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. ( 2 ) 01/27/88 06/15/89 DCL 5/15/94 70 Browns -,iver Road, Sayville, New York 11782 Mid-States Industries, Ltd. ( 2 ) 03/03/87 06/22/89 DOL 5/22/94 P 0 Box 4228 1105 Catalyn St. , Schenectady. New York 12303 TAP Electrical Contracting Service, Inc a/k/a ATS Electrical Contracting Corp. 11/09/94 ( 2 ) 01/21/86 11/08/89 DOL 926 Lincoln Ave. , Holbrook, New York 11741 Dickson Painting, Inc. ( 2 ) 09/10/86 03/13/90 DOL 3/13/95 326 Maple Street, Endicott, New York 13760 Silver Springs Construction Corp. ( 2 ) 11/15/88 02/23/90 DOL 2/23/95 Box 204, Bald Mountain Rd. ; Troy, New York 12180 Interior Systems Co. Inc. ( 2 ) 08/24/84 03/19/90 DOL 3/19/95 3020 Cross Road; Johnson City, New York 13790 Hollywood Commercial Renewals,Inc. a/k/a Hollywood Commercial Renewals of Nassau,Inc. 10/26/95 ( 2 ) 12/16/88 10/26/90 DOL 359 Duffy Avenue, Hicksville, New York 11801 Stride Construction Company and Christopher Risdale & David Strano (Individually) 11/15/95 ( 2 ) 4/06/87 11/15/90 DOL 78 Otis Street, Rochester, New York STATE OF NEIN YORK. 1 DEPARTMENT OF LABOR BUREAU OF PUBLIC 'MORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 01/05/94 (CONTINUED) Page 2 T. J. Marks & Sons Inc. ( 2 ) 7/01/87 10/19/90 DOL 10/19/95 PO Box 145, Guilford, New York 13780 Montour Metals.Inc. 116 North Catherine St. , Montour Falls,New York ( 2 ) 09/28/90 09/24/91 DOL 09/24/96 Sloan Steel Erectors & Equip.Rental,Inc. ( 2 ) 10/18/89 02/19/92 DOL 02/19/97 1560 Harlem Road, Buffalo, NY 14206 G d C Construction Corp. ( 2 ) 09/28/90 10/06/92 DOL 10/06/97 3706 12th Ave„Brooklyn, NY 11218 Nelson's LampLighters,Inc. ( 2 ) 05/29/87 10/30/92 DOL 10/30/97 181, Castle Gardens Road, Vestal, NY 13850 Global Oceanic Enterpr'ses ( 2 ) 03/29/90 09/15/92 DOL 09/15/97 P.O. Box 99, Langhorne, Pa. 19047 Atlantic Contracting Corp ( 2 ) 11/23/92 02/08/93 COL 02;08/98 52-09 31st P1—Long Is. City, NY 11101 Easton Industries,Inc. ( 2 ) 10/26/92 04/08/93 DCL 04/08/98 3100 7th Avenue, Troy, NY 12180 Associated Safety Lighting,Inc. ( 2 ) 10/05/87 12/21/90 DOL 12/21/95 2788 Mohawk Street, Sauquoit, NY 13456 Owners Management 8 Const.Corp. ( 2 ) 06/07/91 01/08/93 DOL 31/08/98 14-08 Clintonville St. ,Whitestone, NY 11357 Melisz Building Impvt. , Inc. ( 2 ) 07/24/87 01/29/93 DOL 01/29/98 49 Crescent Place. Lackawanna, NY 14218 J.F.B. Painting & Supply,Inc. ( 2 ) 11/28/88 02/19/93 DCL 02/19/98 722 'Nest Gray Street, Elmira, NY 14901 Rosenthal Contracting,Inc. ( 2 ) 12/07/92 01/28/93 DOL 01/28/98 RO 1, Box 402, Owego, NY 13827 Fingerlakes Painting & Decorating ( 1 ) 06/28/93 NA DOL 06/28/98 150 Lenox Road, Geneva, NY 14456 Silver Steel Erectors ( 2 ) 06/03/93 11/30/93 DOL 11/30/98 494 Ashland Ave. Buffalo,NY 14222 Note: Date was computed by adding 265 days during which a stay was effective to the 5 year debarred period. Note: Where the Fiscal Officer is denoted "NYC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determinations. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Department of Labor will respond with regard to listings where the Fiscal Officer is listed as "DOL". docm:debarred S c'C.T,ION M .COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGUL-`,TICNS A. STATE REGULATIONS 1. The Contractor shell comply with the applicable previsions of the "Labor Lew" as enended, of the State of New York. This Contract shcil be void unless applicable sections of said Labor Law ore cornplied with. 2. Each and every provision of law and clause required by low to be part of this • Contract shall be deemed to be included herein and this Contract shell be recd and enforced as though it were included herein, end, if through'mere mistake or otherwise any such provision is not included, then upon the oppl;cot;en cf either party hereto, the Contract shall forthwith be p^ys;c=lly amended to r..::c: such inclusion. Specifically, Section 220-e, of the Labor Law, as so emended, prohibits in contracts, discrimination on account of race, creed, color, or national oric;n in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Ov.c:er under this Contract a penalty of five (55.00) dollars for each person for egc.i calendar day during wh;en such peeson was d;scrimineted against or intimidate: in violation of Section 220-e.; provided, that for a second or any subsequent violation of the prov;s;ons-of said paragraph, this Contract may be cancelled or terminated by the Owner end all monies due or to become due hereunder .may be forfeited. CCMPLi ;NCE WITS; ,"OVISICNSC.c ,u . T; E L4SCR L,W Pursuant to Article 8 of the Lcacr Low, the , the following regijirements: ccntroc,or s cttcnticn is d;rected to 1 . $eq.- ren 220.2 which requires c stipuiction that in the no laborer; workman or mechcr,;c �F1OY of the c=ntrcctcr, subc�ntrc '^ ing to do thew c'"r hole or ° c;t of thew r or other p-r,on do;nc or C=ntrc-+_ F arc canto ripleted by the contract sheil be Permitted or rewired to work mere than more than five dos in cn a eichr hours in env one calendar dqv � � Y yon_ week except in the a-terse-,cies set forth in the L000r Low. Section 220.3 which requires a provision that each lobcrer, wor. — employed by the contractor, subc°r►trocter or other kt„cn or mechanic Public work, shall be aid net les person about c upon such P s then the prevailing rate of wcct. be provided supplements not less than the prevc;lin'c su^^le., es cnc shall by the fiscal officer- rr 'gents as determined 3- Section 220.3-a also requires the,& the tor and su Public works contracts s�.c11 pest in e p amineCt c d ecc_ss,'61ebp►cceactor en theni;te of the work a legible statement of all wcce rates and supplements cs specified in the ccntrcct to 6e paid or previdea, es the case may of mect-cn,cs, work;ncmen y be, for the vcrious classes or laborers employed on the work- _ 4• Section 220.3-erovides that a F r-prent;ces will be permitted to work as such only when they ore registered, individual) with the New York State Depertnent a� under c bona fade procrcm rec;stered to h the � nen in cn , Labor, The allowable ratio of apprentices 1 / y croft class;F;cat;on shall not be greater then th ratio permitted to the contractor es to his work force on er, a re.;o program. Any employee listed on a payroll at on apprentice bunder the registered not registered as above, shall be paid the wace rate deter-mined thLee' who is State Dercrtment of Lobar for the classification of work he actually Nev' York The contractor or subcontractor will be rewired to furnish written e„ dence od- the registration of his procrcm and apprentices as well as of th ratios end wage rotes, For the aree eperebr;cte a of construction prier to using cn o^ on the ccntrcct work. Y pprentice . 5• Sect ibn 22Q-e which recur � es provisions by which the ccntrcctcr wits th mun;cipclity acrecs: a State or i °) That in the hiring of employees for the perfart;cnce of work under this contract or any subcontract hereunder, no contractor, Subcontra person acting on behalf of such contractor or subcontractor ctbr, nor any S^all by reason of race, creed, color or netionaJ origin discriminateac:ainst any c;ti-_ of the State of New York who is qualified and ava;lcb- to - n , to which the employment relates; perforM the work (b) That no contractor, subcontractor, nor any person on his behalf shall, in cny mariner, discriminate against or intimidate any employee hired for the performance cf work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provis;onc of the Low against D;scr;minot;on which also prohibit d;scr;mination in employment because of age); p oyment M - 8 4 (c) That there may be deducted from the cmcunt caycoie to the contrcc:cr Sv the Stcte or mun;c;pcl;ty under this contract c penalty r calendar da during which r . / of iv_ dollar; for mac; Y suc� arson was cs d�scr;minctea C:^;nSt Or Irltir.,;CCte_ � in violation of the provisions of the contract; (d) T het this cnntrcct may be cancelled or term;net b• ity, and all mons s ed .' he State or mur.+c:-al- y, due cr to beccrne due hereunder mcv - be Forfeits_, for c second or any subsequent violation of the terms or condit of the contract, ions of this section 6 . The aforesaid provisions of Section 220-e which covers every contract for or cn behc,f of the State or municipclity for the mcnuFocture, sole or distribution of mater;als, ecui�.nent or supplies shall be limited to operations Ferforr.ed within the territorial limits of the State of New York. 7. Section 222 which reau;res that preference in employment shc(I be sans of the State �""ems t� ci. of New York who have been residents for at leas: six cor.secutiv, months inmedictely prior to the commencement of ,neer encloyment; thct persons other then citizens of the State of New York may be emploved when such citizens ore not available; end that if the recu;rements of Section 222 concerning pre-e-_ the contract shall be void. shoe ;n employment to citizens of the State of New York cre not complied witr , 8• Section 222-c which requires that ;F in the construction of the public wcrc e harmful dust ha=crd is crected for which eppl;ences or methods for the eliminct- Han of harmful dust hazard is created for which appliances or methods for the elimincticn of harmful dust hove been approved by the 8ccrd of Standard Appeals, such appliances or methods shall be installed and maintained and eFfectively operated by the contractor; and that if the prow;s;ens of Section 222- concerning harmful dust hazards are not complied with, the contract shall be void. CTI;—ER RECUIREMENIS Every State comrade;ne ecency, includ;r.c Public cuthorit;es, must inc! ' parecrcphs (c) throueh (c) of the Standard State Contract clauses romulact in each canercct on September 12, 1963 cnd amended November 14 F ed -y the Governor j 1963. Labor classificgt;ons not appearing on the acc with the consent of the dompany;ng schedule of wcaes can be used only epartment of jur;sdicticn and then the rete to be pc;d will be S,Ve,� by the deportment of jurisdiction after being adv;sed by the New York Stcte Department of 'Labor. I i The ccr.trecter shall melee such provision For disability benefits, workmen's ccmpensat;on, unemployment insurance, social security and safety code provisions as are required by law. M -. 9 General* Rrnulcti L on No. 1, as i:.;,uec cy the State that each contract contains c stioul .,,cn that: Corrmissicn faru,-on "i�hts, rir__ I parties hereto that ^ ^; "It is hereby ccr:•e_ every c„ntrcc. ,, end suoc�ntrgc.ore �Y enc betwee roe in this contract shell past and meintcir. at ec crx des ec cn enc.-,cec in the �u�rrq w c which the public work case:ibed h_. �� his estcblrs- +Mcfits c ► �'e:;nder is being ^ .c c. all oIeces at Commission f c ccnducte^ r or Human Rients rndicgtinc the tl'e �'o1ic= of the State Discrimination, where comglcintz -tc,, suostcntive Frovrsiens of the Law Accinst Notice shall be pasted in egsil occas be filed' end other art* Y sible and well IichteF 1 crit in;`^r--e,rer. Such by employees and applicants for e-zp1 F cc cri v ,, yes cus-Cm I fr in respective having �ive erjurisdiction, or from he officenoF the t'c-State be c' tcined frcrn ,; enter s;Cn Fc.- Human Ri_c.^..." • You are requested to refer to t; ' e aur' of Public Work chcrces eTpicyment including di:`rimirc.'ion beruse all of c;scrir-singtion in - of c_e, race, c: c�Icr cr ncticnci cricin i I i i I _ I I `� - 10 SECTION g NON-DISCR1tv1INATION CLAUSE i During the performance of this contract, the contractor ccre_s as follows: C. The Contractor will not discriminate accinst any employee or cooNcont for employ- ment because of race, creed, color, or national oricin, and will take efir"imictive action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment; job assignment, promotion, upgrading, demotion, transfer, lovoff or te:minc:ion, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship cnd on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he hes or is bound by a collective bergcinir.g or other careement or understanding , a notice, to be provided by the Commission of Human Rights, advising such labor union or representative 'of the Contractor's agreement under clauses "a_" through "h. hereinafter called "non-discriminotion clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take afrirmctive action to insure that they ore afforded equal membership opportunities without discriminction because of ecce, creed, color, or national origin. Such action shall be taken.with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- mation, transfer, layoff or termination, rates of pay, or other forms of cor-toensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall b'e given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formences of this contract. If such labor union or representative foils or refuses so to scree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employe 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 by.or on behalf of the Contractor, that all qualified applicants will be afforded equa employment opportunities without discrimination because of race, creed, color, or national origin. N - 1 e. The Contractor will comply with the provisions of Secticns 291-299 of the Executi Law and the Civil Richts Low, will furnish all information end reports deemed nec sery by the Ccrnmission for Human Rights under these non-discrimiretion clauses c: such sections of the Executive Low, end will, permit access to his books, records, and accounts.by the Commission for Human Richts, and Owner represen:etives/cat for purposes of investicction to ascertain compliance with these nen-discrim;netior clauses and such sections of the Executive Lew and Civil Riehts Law. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contrcctinc agency upon the basis of a finding made by the Cominissic of Human Richts that the Contractor has not complied with these non-discriminatio clauses, end the Contractor may be declt:red ineligible for future contracts made b or on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Hurrman Rights that he hes established and is ccrryina out c procrcm in conformity w the provisions of these non-discrimination clauses. Such finding shall be Mede by Commission for Human Richts after conciliation efforts by the Commission have fail to•achieve compliance with these non-discrimination clauses and after c verified c plaint hes been filed with the Commission, notice thereof has been given to the Cc trcctor and on opportunity has been afforded him to be heard publicly before three members of the Commission. Such sontions may be imposed cnd remedies otherwise provided by law. g. If this Contract is cancelled or terminated under clause "f:', in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, th, Contractor will hold the Owner harrpless against any cdditionel expenses or costs it curred by the Owner in completing the worst or in purchasing the services, moteric� equipment, or supplies cantemplated by this contract, and the Owner may withholc payments from the Contractor in on amount sufficient for this purpose end recourse may be hod against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a:', through "g:' in every sub contract or purchase order in such a manner- that such provisions will be binding up, each subcontrcctor or vendor as to operations to be performed within jurisdictional locale of the Proiect being contracted by the Owner. The Contractor will take sue action in enforcing such provisions of such subcontract or purchase as the Owner/ Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vender cs a result of such direction by the Contracting Aaeney/Owne, the Contractor shall promptly so notify the Owner's representatives/counsel, reque: him to intervene end-protect the interests of the Owner (Contracting Aceney's jurisdietioncl orea). i 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 COVED BY THE CONTRACT DOCUMENTS A. The purpose of the work is to cut energy costs , and includes new lighting fixtures , exit signs retrofits , changes to switching , acoustical tile restoration, a new electric hot water heater for Town Hall , a new propane fired hot air furnace at the Human Resources Center, duct cleaning , duct modifications to the Police Station, pipe insulation, and related work. B. The intent of the Contract Documents is for the work to be completed and finished in all respects , including all labor, materials , and equipment 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 contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract . D.. The contractor shall agree to promptly repair, replace, restore , or rebuild any finished work in which defects in materials or workmanship may appear or to which damage may occur within one year subsequent to the completion of the work. 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 1080-1 ` f • 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 wi11 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 . 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 160[-2 • 0 • 0 SECTION 09510 ACOUSTICAL TILE RESTORATION Installation of acoustical tile to match existing tile is to be done in the Southold Town Hall , Police Station, and Human Resources Center. Use existing tile in basement furnace room in Police Station prior to purchasing new tile for building . Install additional ceiling tile as necessary in order to fill in grid. New ceiling tile to match existing pattern. Pro-Coat New tile is to be installed prior to the application of Pro-Coat , a specialty coating product designed specifically for application to soiled/aged acoustical tile. Installation of new tile where necessary is to be done prior to the application of Pro-Coat . Product to be used for ceiling tile restoration is Pro- Coat , manufactured by Pro-Coat Products , P . 0. Box 587 , Five Old Maple Street , Stroughton, Massachusetts 02072 , tel : (617) 344-2261 . Holes left in ceiling tile shall be filled with plaster or spackle or equivalent , and left to dry prior to application of Pro-Coat . Application of Pro-Coat is to be in the Southold Police Station and Southold Town Hall as noted on plans . Application of Pro-Coat is to be according to manufacturer' s instructions . Tarp all walls , floors , and furniture. Apply two thin coats , one coat at 90 degrees to the other coat for complete application. SECTION 15260 PIPE INSULATION Insulate all uninsulated exposed copper domestic hot water lines in the basement of the Human Resources Center. Insulation shall be according to New York State Energy Conservation Construction Code. Table 4-4 of the code is attached to this specification, and follows on the next page . Table 4-4 Al 3% Part 4 � � 31 fiable 4-4 ifillintmoum V. na Fluid Branches, Mains,and Loops3/ Temperature Runouts 2J Pipe Diameter(inches) System Types Ra e n9 21/2` F Insulation Thickness (inches) Fluid Heating: Steam, 35t-450 1 V2 2V2 2V2 3 31,12 3V2 Steam Condensate, 251-350 1 V2 2 2V2 2V2 3V2 3V2:' 41ot Meter t41-250 1 1142 1 V2 2 2 -.2V2 105440 V2 V4 1 1 11/2 —AV2 Fluid Cooling:4/ Chilled Water, Brine, 40-55 V2 V2 1 t 1 t Refrigerant Below 40 1 1 1 V2 1 V2 1 V2 tV2 1/ Piping insulation shall not be required in the following cases: (a) piping installed within HVAC or service water heating equipment; (b) piping for fluids at temperatures between 55°F and 105°F; (C) piping installed within conditioned spaces in residential buildings containing one or two dwelling units. (d) piping sized -V4' and less for service water distribution in residential buildings containing one or two dwelling units or in other residential buildings where each dwelling unit is served by a separate service water heater located within such dwelling unit. 2/ Piping that is less than 12'long and connected directly to fixtures or terminal units. 3/ Piping that is not a runout. 4/ Does not apply to piping installed more than 2'below grade. 7813.19 Insulation of Duct Systems All ducts or plenums designed to supply heated and/or cooled air shall be insulated as follows: (a) When the temperature difference between the air in the duct or plenum and the surrounding air is between 15°F and 52.5°F, the duct or plenum shall be insulated to provide a minimum R-value of 3.5, excluding air film resistances. (b) When the temperature difference between the air in the duct or plenum and the surrounding air exceeds 52.5°F, the following formula shall be used for determining the R-value, excluding film resistances: R = At 15 Where: A t = the design temperature differential between the air in the duct or plenum and the surrounding air in OF. 1 3 z SECTION 15610 NEW PROPANE FIRED HOT AIR FURNACE Install new propane fired furnace to replace electric resistance duct heater in basement of Human Resources Center, Mattituck, New York. Existing electric resistance heater is 19 . 2 Kw (65 ,529 BTU equivalent) . Remove existing electric resistance heater and remove wiring back to panel box. Make all electrical connections safe . Install new propane fired space heater with Annual Fuel Utilization Efficiency of 84 percent or greater. Unit shall have net output of between 55 ,000 and 64 ,000 BTU per hour. Install new flue to connect into existing chimney. Installation shall be performed in accordance with all codes . Insulate all ductwork modified as a result of the installation of new furnace in accordance with the provisions of section 7813 . 19 of the New York State Energy Conservation Construction Code . SECTION 15760 ELECTRIC HOT WATER HEATER Provide new 6 gallon electric hot water heater as per plans for west basement of Southold Town Hall to replacee existing 85 gallon electric hot water heater. Rewire new electric hot water heater to 110 Volts , and modify breakers in Panel "B" in basement in order to provide for spare 20 Amp 110 Volt breakers for future use . Existing hot water heater is 220 Volt . Insulate any new piping as per Table 4-4 , New York State Energy Conservation Construction Code. • • i • SECTION 15890 DUCTWORK MODIFICATIONS Modifications shall be made to the ductwork in the basement of the Police Station as shown on plans . The purpose of the modifications shall be to provide heat to areas of the building now under heated and served by electric space heaters . Ductwork to be 26 gauge galvanized steel . Insulate all new ductwork in accordance with Section 7813 . 19 , Insulation of Duct Systems , as per New York State Energy Conservation Construction Code SECTION 15996 DUCT CLEANING Wire brush and vacuum all ductwork. Place cheesecloth filters on all supply diffusers for 24 hours after completion of vacuuming. Cheesecloth filters to be removed after a period 'of 24 hours with the fans operating for a minimum of 4 hours . Replace all air filters with extended surface air filters . Provide 2 (two) sets of replacement filters . Provide maintenance logs sheets for keeping track of system maintenance . Sheets may be copied from United States Environmental Protection Agency handbooks on indoor air quality. Disinfect ductwork and coil surfaces as necessary. High pressure wash all evaporator coils . Clean condensor coils . Clean fan and fan housing. If necessary, disassemble fan. Re-assemble and operate fan upon completion of work. Replace all vents and diffusers upon completion of the work. Clean all refrigeration equipment . Please Note: System is to be shut off for the duration of the work until cleaning is entirely completed by contractor. Check condition of fan belts . Report back to engineer verbally and in writing any mechanical problems noted during the work. Check condition of ductwork, leakage, and vibration eliminators . Access ports cut into ductwork for cleaning shall be closed up with galvanized steel of same gage as ductwork, and screwed in place using sheetmetal screws . Do any other work as required not specifically pointed out in this specification, and provide a description of any necessary work in the quotation. Such additional work shall be segregated out by price. Protect any areas by tarps if necessary. Remove all debris from premises upon completion of work. Make minor repairs to the duct insulation as necessary where it has become loose from the ductwork. Clean lavatory ductwork. Meet with building director (both buildings) within 10 days after completion of job to report back on condition of equipment , and any emergency work that may be needed to be done. SPECIAL CONDITIONS UNIQUE TO THE HUMAN RESOURCES CENTER Vacuum and clean under the raised floor (this building was at one time a mainframe computer center) Locate all electric duct heaters . There is a 19 . 2 Kw electric duct heater known to exist in the basement. At the present time , the Town of Southold does not have mechanical plans of the building. Trace all ductwork, and provide one line drawing showing sizes of ducts and locations of diffusers . SPECIAL CONDITIONS UNIQUE TO THE SOUTHOLD POLICE STATION Close up hole approximately 10 " x 14" in the ductwork at the north end of building along furnace room wall . Close off hole with galvanized sheet metal , 26 gauge, to prevent air leaks into furnace room. Clean return ductwork above ceiling on first floor. Repair ductwork insulation as necessary. SPECIAL CONDITIONS UNIQUE TO THE SOUTHOLD TOWN HALL Special attention must be paid to the fan coil units on the first floor, which reportedly have not been cleaned in 20 years since the building was built . Disassembly fan coil units and remove contaminated fiberglass insulation inside fan coil units . SECTION 16510 Fixtures Fixtures are to be manufactured by Sterling Reflector 4535 West North Avenue , Chicago , Illinois 60639 , tel : 312 276-3250 . Att : Jim MacLagam or Mike Hersh tel : 312 929-1177 . Fixtures to be shipped with ballasts wired in place and with polarized diffuser installed in fixture . Specification is written on an "or equals" basis . Changes to specification are to be in writing with approval of engineer . Fixtures are PowerMaster 2 foot x 4 foot lay in troffer mounted fixtures with a total fixture efficiency of at least 70 percent when equipped with a polarized lense. Fixture to have silver foil reflective type surface with o be and sealed for 94 dustpandelightFixture leaks . tNote:f Annualfixture and sealed cleaning will not be necessary. 2 foot by 4 foot fixtures to be two lamp fixtures . 1 foot by 4 foot fixtures to be single lamp fixtures . e lenses by tures to be means of sheet nmetal uscrewstataone lendtofcacceaccess by All troffer mounted fixtures to be supplied with 3 conductor whip with green insulated ground wire. Connection to be tight . Polarized diffuser to be held in place by means of continuous lip pop riveted to inside of door . Diffuser to be held rigid and flat in door with no sag. Fixtures are Powermaster 1 foot by 4 foot lay in troffer mounted fixtures . Surface mounted fixtures to be Sterling Reflector WSR Series , WSR 242 CPA and WSR 141 CPA. WSR 242 CPA to be two foot by four foot two lamp fixture . WSR 141 CPA to be one foot by four foot fixture, single lamp. Total fixture efficiency to be greater than 67 percent when tested with Polarized Radialens , as per standard IES photometric test , for all fixture types . Troffer mounted fixtures to be held in place with "hurricane" clips , or screwed directly to grid. Polarized Diffusers Diffusers to be Polarized Radialens , R-2 pattern, nominal . 125 inches thickness , manufactured by Polarized Lighting International , or approved equal . Diffuser to be installed in fixture with flat side down as per manufacturer' s instructions . Polarized Radialens to provide vertical plane light polarization by means of passing light through a series of substantially flat transparent layers , each of which partially polarizes the transmitted light in a perpendicular plane, the effect of each layer adding to a substantial amount of polarization. The resulting polarization at a given angle from vertical is substantially equal when measured radially around a point directly under the polarized radialens . Diffuser to be manufactured with Rohm and Haas type UVT or approved equal acrylic molding powder. Polarized Radialens to transmit and polarize ultraviolet light from 290 to 380 nanometers . Diffusers shall meet the requirements of ASTM-E-84 , Smoke Developed Rating shall not exceed 450 and ASTM-D-635 , Burning Rate shall not exceed 2 .5 inches per minute. Full-Spectrum Fluorescent Lamps Lamps to be Duro-Test Vital Care 75 (new product) , F40/T1-0, Lamp Ordering Code -994 , Color Rendering Index 91 , Correlated Color Temperature 7 ,500 degrees Kelvin. Duro- Test Corporation, 9 Law Drive, Fairfield, N. J . 07004 , tel : (800) 289-3876 , att : John Stackpole , or approved equal . Electronic Ballasts Ballast to be manufactured by Motorola, Model Ml-RN-T12- ILL-120 (single lamp) , M2-RN-T12-lLL-120 (two lamp) , and M3-RN-T12-1LL-120 (Three lamp) , 120 Volt , Rapid Start , Power Factor greater than 99 percent , Total Harmonic Distortion less than 10 percent , Lamp Current Crest Factor less than 1 . 5 , series wired, or approved equal . Installation All fixtures to be wired in place with the power off . Do not "hot wire" fixtures . Install lamps with the power off. 4 Commissioning Contractor to supply lamps in case lots . Extra lamps to be provided for replacements . Tandem Wiring of Fixtures Single lamp fixtures where butted end to end to be tandem wired with two lamp or three lamp ballasts . Ballast serving three lamps to be in center fixture. Ballast serving two fixtures to be wired with blue wire from ballast to the lamps is wired to the fixture without the ballast . Consult ballast wiring instructions before tandem wiring fixtures . Return of Defective Lamps All defective lamps to be returned to Duro-Test for credit . Special Conditions New fixtures in main meeting room of Town Hall must be structurally attached to wood joists above ceiling , and not solely connected to sheet rock or acoustical tile . Contractor to use screws of sufficient length to attach new lighting fixtures to structure above room. Reuse 12 lamps in custodial area in basement of Town Hall in corridors of building . These lamps are Criti- Color D lamps and have excellent color rendering properties . of gi SECTION 16535 EXIT SIGNS Exit Sign Retrofits Replace existing incandescent lamps in exit signs with LED retrofit kits , Astralite 2000 Plus , P. 0. Box 476 , Annandale, N. J. 08801-0476 tel : (800) 832-5483 . UL 924 Listed Device . Locations of exit signs shown on plans . New Exit Signs New exit signs shall be installed as shown on plans . At Lite Equipment Inc . , 57-47 47th Street , Maspeth, N. Y. 11378 , tel : (718) 497-0394 . Model Numbers LAC-SRl (single face) in basement of police station as shown on plans . rx ACe � :''`-�� '-art, �►xr�+�' owrru4 - Fx - L- ka NO -- �. IN i' wo lr4o45 2F,445 17 2FOOz F I r4^rbos. 441u F49.Ac? '94- 44 fn E S61 ti . +*r�f..r.«na..y.�u�.sn.c�'.+�.....Rx•..w....iw.a.�.aaHtw..ur...�+�w�...«a.,,,...uruc.,w+air....v..`.,.u,.t..�w..v..wrl.i.M.sar...n+.....w...�....o..rr+a.w..,,..4r.s,..w:n - w,�..,r,,,,,,,,,,•r., F i 6 1 ; , �t�� dMW t � i d -e, Wag t -'A F � � 4 I G i f I _ - _ i ! Ali MAIL AN cc Ld 4 4 Gf r t I i i I M I , fF- 70 s „ pla lei { 0 �0 'w 1164 44 ezw- } I — r c cope s �;� ,: . ar- rDvCr(' ��"� 5w � _ { � 017 1 ._ . ------------ ' ----._. . x� cc uj 140, tc. r w --- B S { i ' a Y C,w1v R- N1-1 _I1*7 � tt L.Ec � -..� > r.. • � I r . . . - I I I � I I . I --�------------------�-.-,--�--.-, ------.----.-----------.-- --�---�---,-.--.---------- __ � ! - ______.,______._._.- __,____..,_,.___.___ ___________ _. _______._____._,,_-----.�...�-.-..--�--,----,---.------,--------,-,---., --I-.,.--- ; I---- . -1 � ! i � I ! I � . � � i I � I ( i I � � ; I � � . . I � I I I I I I . . � I � � . . I � . I : : � I � i I I . - I - - � . . � I I , , - - I � i , k I i I_r I . ,I : ! I � I � I .I �! I .- . r � ! ,I .d---A i J----A � , N---. ---.L I - --- I , t --_-, , I I � � -- .. I I ; � i I-- J . I . I � � : i � . . I . I I I I . � ! N,;�F . I , 11 - I " � � � r,�__ I 11 . . �.. I- � � wo" � � . � � � . � � I . I .-� I � : ,-,, -�-- , . . �. - � . ..11 I " -1! . , 1,I. Z�,",7� - I . - I , I I � IL I I , I , , I � � � r ;, f .. . � A It , I- - A I I I . I � I . - I -- � . . "I I � � 7 . I I � . I 7 - : ! .. .111 I - - ., " I ! _ - . .. � i I I., - t - � I I . . I ,�.� I . . I . . � I I . � I � I I � I � � I I . I I , � � I � � I I I I I t 0 I I � I . � I I I : � . I � I . � - 11 � . I . , . -,I .0 � - ��.I I I . � i I I ,: I i 'I , . . � j W. 1 w.,0! .-.. .-11 ��-, I I I, , - A- _-,- � . . . ; I - -- - - O, p ' , -41-- - r 1�1 t i 1 , , ",;; �, I I!, . i I 10 i 4 to j I r - 1 1� rpono ,, � I I I I � - � � . . � . I � . f5,v,-- - , tv PA;L,\f. "- I? . 1 � - - I - - . I-- T . I ,I I I : - I , ; I I ri m t. : I' I i I . 3.=::_ t � . Lag;�_� I I 1. - � i , . . L � ...: - -, ft'L L - I i L ! . . I i I I I t i L . I � . I � ! L � I I L ; � 1. � � I L I i I � 11 I * I I - I - , . L ..I. - I. I ' F � r I I I- I- I - ----- . ! �L I;. .I ---------7--'--- '* -L- r I I L t I L L I I -- -- i � . 4 !!!! PE i I L .�k I---L-� :t== I � - ; I I .1 I I I � . L � I I \ I I I . L I - I � ,� -�� I . L r�_-I I,I.,I I I . - . . . - � . I, . � I I � � I - vF-C:OF_;&TO9_ W-0 175 1 I I I � , , I �, , I . , -� I -1 : � ___ L , 7,� I . I . i�, !1� i - I I _" . , I . 11 Law J, I L - 11 � 1� 11 , . , � L . ,.-, - I- --- k �;PA - I . , � I � . , 16 ,f7m 1 i 3 I low i I t";'I., t, _�_L . . I'll I - I _' - I I . .. L I I -,- I -' ;`t', L , .. L . L , � -I -I L � I ., _ "� off- .4 - ,, I�' , � . I IL� r, - � - r I , � I � "_'�, - , II . . �� 2,_ _ j6i;i= . _ - -., , 'L, -�, L .. � �I L - I 11 1, � I , . . ,�.I- � : - -=' . - .- ,� � . � I , L I L .. I L ill- I , : �L ; k- -_ _-7- __'� " , - - - - - -� IMW- .. . - � .I 11 .� � I I. , , I . I ,- I I - I 4 11 I . I I .1 I �I" . � L� I . � I : I , ,I I L, I . --.-,.-, --� I I � - . � - I � . � ., L�. 4 � i., - , _� L I : 5 � I p -.1 if f--- -117--f_M1_"T r L .,�. � - . �LL IL � - -f-�!--- z L � - -- - .- -L,- L L. . ' , L . i I 1 ir. , . . I I . - I I r� L - " •. ,f( &tn4::. , LLL - ; ... . -1 .LL , I I .... I . .� . I I I _ * . ,% - I � .1. i%~T-4� � I L L I . I *__1 � r Im . I � �, _,���-L I-�:,,",.-, I L I I __ � L . I 11 I . L I L I ,7 -, - - � -- -- - -- -.4 1 , � � , , , * , , :, I I�L,�� I I i � . �,, � . . - I I . � - . I %, � q . �_ Cir- ,__, f�o . � , - fFIM _<,,__. ,60,7 �ak L . - - __ftt7,C . I L � -11 .,. . 1. % , - . oil I . _. I . I , . L L : , ,_ - , . L. L I i �; .. , , L� � W __&_4 'L . .. . 1, I 1.I �� . � I _. I_�� . I I I. 11 I . . . . I 1. 11 L . I 4. I I . .. 1 I I . L �.L . � _. .�I , I F I � I I I 11 - ,, - I . 1# __71 _ I 11 I- _ . � I I I i " I , t- I -�__ , '--,--L' - e '.0 I I � I - ,� - - - : I I . L L .. I. r � I I L I-,.i...�j . L "L. ]�_ zt I 'L-&--,.A-- i I . . 1� I . 1: ,:� �. _I ... . t L L L I �� � I - � I , .A L I , I . L . L I ; .. I .- - I . -L I � I . . L I--,' - I . r � I . " L I . , I ' I I T - � . r % I L L I . I I � _' L- - 1,� ..": " - I .� L�%' , . L 41 :.� � , ,� . 1 �99 W04- __- --- �� I � ,..� I I t . - - ," ,� . , I �.L� I I � . - - I L' . ; . . I . . ,�,, I I- - , ,- �, : L,.,� -1 I u I - ,': �. I - �11 mm . I I � �_ L , I . � � Ir, ' 'L � ,* _j - I I I I , *ft,= � - .I 1 � � 4444 � I I� L j�_ ., .. . . .I I - - L-I � r , - � 1� � LLL I 1 7 . ,, 'L I n - - M x- m -, I L� . , _ I . r ,r L. t� L , _ -11 -, , I I � . � - - Al� �.-,11,7---- . L I . LL � ,. *_'L - . - . J I 9 - � ., � . � . I . f I I - � i . . _ I 1. � I . - I� , I _ � � I r L' �- L.�- I i I L . . � L � I. , I .L, . � !!! ' ' L - . .ts . � - . L 11 , . - I I L 11 � �: I , L . I � 11 I I � ;- , I - �,"-1. .7 I � . i I � " : i ,:,., ' � , - .. L � 11 . L,i I L �I-11 � � � - -7 � � I I � , . - L �'o-, -1- ,,, I .......i I-�. . � . . .......i � , " ! L I .- I� . .I I 9 . . . ,� I -r.1 �., � . ', I �.I------_" I .I.....r L I t , N*..Oi .. _ 7, , I � . . � - I � I , I I . I L - . I � .L , I L I � I I � . _.1= I I LL I I �) .4 * , . I I C,LIO*-- I L L -I ! if , . �I- �I , resin - L I . . I I � . - - I -.11.I___ I I r, . L. . . .. I , L I , -� C: - � � I z-,r� � I . I . " � , I I .T" . _ *� I I � 41 I I , � - � � � � I I I I _ . I � - � ." � I . . , I . I I i i 14 it fi� I . - - , L � .L L � 0 r I L * . . I I : L I . � � . I . , I U L I , . �.. L L I . , - � i , A-I A I . - ,I � - . '� L',.I I . - - I . L I: : I . !, I � . r � . . , _. I I . . I I I . I ! - -I I : I - . .. , - E7� A 1zQ::3":::.:J I . , , , 11 , I , ,_.f. 14 lomm .. L . L � I. . L . I , . ,L I I f t' LL I t I I I I . �, I 1 I r- T . I L I I I ' , L.. ' . � p L . I I� � I I I � . I . I L I . . � I ... r t_t - � - . . . r- - t- - v- -1 - , , L � -.4 � _�, I . �I . , ; I . � I ,,_� � + .I I I I- - - . L � I � - -W-� 0 I � � I -1 I I -- . � t . 197--7 .." z=!�7 - -1 , � IL . � I� . i. 'I._I � L L i -+ 11 � wjqe- � , , ---- � . I . L ;_. ,I I . � I � � L . �� � I I ,, - , I . � .�_,_., ,) Li . I I � 1, . I I L u -1 I . - i L I, I .I- I I I- ' I L i - + I � L 4 � . I I , 1 I -- v1L i I M&- A" "" *WXX!== A I - -- 1�. ,, r ,, � I - .., L IV L I- . �* W, . .L 1 � L . I � r I I I ;==J=_�, Sii:�__, I � . . L �,� - I . I . L , I L L � I � I - . L � I 0 - __rf(4[�f 00 - I L Oar!I - , I L L � L L A . � .L- � . - - I � - � I . - - . - , L - � I -----� L ..---I .. --- -- --- 4--__--- __ . L L� L . � I . , L � I . L I : � L L I . . I . . I L L � � . I I L I . , I I L + � I L . I L L L L � . I + I� L . I L I L I I . I � � [L - ' . L. � . . . . I . � I I . I ! . " � I � . � � L I . � L . � . I I + . I v . � I L - . I .. . � I . � � I . I - I � � : � � . I I L I r � I L - L I � + . L I I . L � . I . I - L . . I. L . L� I I I I . L I I L I L I L I � . I I L � I I I - I I I+ . . � I I . I . . . I . I + I . !i �- - - - . - r - 1 ,"I- .. .� .I. _ L I . I .I , -, - - L - - -Lff- -I , . . � - - _ _ .,� q_ _ _� ,-. . � .1. . . . L - L. II. I I . � + ;, I. JIL I if L .__ I . I L L - __ . - ,-. -. -. . - - L � L - - - .. - L' - 'L Sols- &-_-x I-cp - � I I . - I I - + I L I L , � . L I L I L L I I . . L I + I . I I � . � I . I � L L . � - I � I I I . I . L . • . I . I I I � � . I - I L I I I L I I ' L � . I . ..1 � _,�,r � I I �. . � L . . , � �L... , 1 �: � I I . I - �: �. I ,�, L, I L I I - . - . : L � . I -- . . ,. I 'L � . . L L I I I 1.I -�L L . . � � L L L L I I -. � - I I . � L ,: I 11 L +I r I 'L .11� I L - . L . : -, +I � � . �I �i I . L I I 11 L - I . . L I � � L I 4 L . I L I . I I I I I . I 1,� + I � � t L I Lr - L L - . . I I . I I L I I I . I � - � - I L + L I - , -` , I. I - I L I . � � I � + � , � " I , I I"A ,�I.- � L L 1� - -h � . �- ' I � I . . I . I .1 �L ,-,-I� �_'_.,..�,,,� 1, L' L I . .. I � I . L - I . � I L I I L , L �, I , �, -. . - I i . I I , I � L � r I L . I I I L L L L I I ' . . � I + I . I . r � - I . I I L I I �- . - � , I L . r� . . L I L L . + I � L I . 'L I � I � . I L . % . . . I I ,. �. � ; � I ,� ,,: - L I I I I L L I I I � I . --- I - - . I L �1/ ,�, . . - I . _�I� , � 0 1: N c I., , , L, I . V, I I� I � I - .0 i �� - , - , .- . � 1z L . _,Liq��-"�� �, - * \ . 1 2mm , _ 'p. � . - � - I..,- �� .1 � I _ . , ,, _. __-, E: I I �;'A, T : 'I L I 11 L I I I . 1� I li,PV-. K, I . ) L. -I �,� _ , W ,_� . � 1� , .� . I . _ , , . ,� �-\4 ,i%-*M I - i�- -L - �, I I I � L i . 2�, ,:., SET.nnm -is I , ,_ 0,`: , I- . - I � I - I,. L . I I -, "I,,� I . . I L I 0 1 . I - i z I 1,-A "I .1� I 1 4 I - , , . - L . I L . I .1. I - - T1 i , � f�f' I L �', L , 11- L�� - L. I'L I � r . � � : � � I L . I . � . 1 - - L . _ I- . , - . I� ' ' ,_ ., , L - . I . L� -.7- � - .1 � . . . � I ., r t . - L - - r L. . .L � . .. I . . L .. I � . -,Z��� . .. 4_ �� I - � . . �, � - � I , I r �,," ,,,,� , I Ir L I . . I I - L L I I I � . - : + - I � 1 7 1 1, I " , � , I I -� L I I - 'r � - I �- - I I - 1i I + � I i I �4` � I �, V___� �v a F_ P w I ,�� L:1 I I I ff�w I I il , I' l I FS , 11I .. , 11 L �� _ !F ,L � L I . . � . - i L . . . I . I L . I. L . . I � I. � - � r - L ,4 . . . � L � . �L . � . r . I ,_� L- ' I , L, . I L L I , L �� L I I- L I-I �,.� . I L . � .I . . � - . I . I r - . L � I � I L I + L . I , LL + � I ,�L I . I . ,. I I , L L I . ,, . L . I I � � L -I I I. "q�,- - , 11_" - �- ___,�,__-_________---,,-�__�4-___-. ....... .....vim I- ______ I -11.-�_ ,..-".-. ., --,- ---.--4---- 1 . -___- ` ----- ` - I + , .I - I L I . I � ' - ,: I - , ,. �T_"�� _ � -- ' __ -____ ' I � � I L ' . . --A;�-- �-,�__--��_ -�_--,- .---,__ , , � . . L L - L - I I 1 I _ -!.------ I r 777. , - . � + + I :� ,�, I I L + , _� _____ L, ' L � . I I I . L , , I L L . I I L L � .' . , I � : - � I . I I� 2 , , I � I L � . 11 . ,. , i L �,,��".,.: ,� L,� - �+L 'a, - I , L I- . I . I . I I , I 1, . L �L � , . � . 1. I � . : L � Ir', , -,j, , .. ' ' .L , L � � . _ . .I . - � L . L � , .. . . L I � � , �-I i . . L . , . I L I . L ; L I � � � L - I I � I. � I � .1 �, - 4 ,� :- L . L , L � I- ,, . .I L,--L . , . � i - ,,� I I I 1. I � � I .I � I L L ' L .I I L . I I . L I 4 -ir , r I .I � .. �- � _:. , L . L . � .L I 11 I , �r � .! -- �,,i�, L ". � ' L, I � � ,, , , . , r, , L - � � �, , 1 ��,:�'� � , .7,_ ;�.'.r_ _�L r, �,I I � I 11- L -� I I L ,�., . . . I ,.I� _-- �� j� - ,�;� . - -1 '. � �_ _,�,__t_:-,� -1 I - - .,� , ,.i,. � , ,,:" ,,�:. _ - - , ,, � � ____-�7 - . :�.- 1; . I , - I , - -��j,�_�L_ __ _ I -w _ I I I ---_---- _____-------- ,�r" IL �.e " , __� , .",L �� -: �,� , - - . -1 t, :_ --.-t-_-______ --- - ,- - � L , � � . -- ___ __ __I __ 'L-iz,---t� _ _ __ -17� -- - -- - -- - - - --- -5-��_- - - -__ I_- -___ - - 1 } i + �f i R t i v r Jai�•~{ ����' �t�s,,:�,�. ' f { Fl AW&O v94�; rW g� O I LJ /,Zx v ' ' I f- -� ���._. Clll ��•, ... - �� waw �r.�..-;+� �. _ �'.�_ _ - -- �.1 - - ,; } 4vQ�" k�•l �,,�I� 1 r� TT T1 rT Li Llp ULT UL -- i Lit Ir � ', • � ; `off �H�L1�lf�� - F • r : G • r - F k i • - • • - s�+�,� � qty, � - _ �_-.� ?��� {'' . y , t y , - ..'.�•�'' ..... ., _.: .. .. ,. _._,,.�. - � -- �- ._._�:.___,•�_-ice. ___,.,�.__ - - �oc��FFOIK�OGy o � JUDITH T. TERRY Z Town Hall, 53095 Main Road Z P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS y0 �. Fax (516) 765-1823 MARRIAGE OFFICER ' ��� Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER 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 MAY 16, 1994: 11 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for energy conservation improvements at the Southold Town Hall, Police Headquarters, and Human Resource Center, under a grant application to be submitted to the New York State Energy Office; all in accordance with the bid specifications as prepared by Daniel Karpen, Professional Engineer & Consultant, P.C. ; and subject to the approval of the Town Attorney. Judith T. Terry Southold Town Clerk May 17, 1994 • DANIEL KARPEN PROFESSIONAL.ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE ` HUNTINGTON,NEW YORK 11743 (516)427-0723 May 16 , 1994 Thomas H. Wickham Supervisor Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Dear Supervisor Wickham and Members of the Town Board: RE: PROGRESS REPORT - ENERGY CONSERVATION I am pleased to present this progress report regarding the New York State Energy Office Not-For-Profit Energy Incentive Program. On May 11 , 1994 , I met with Supervisor Wickham, and Ruth Oliva, Town Board member , to review the plans . Following the meeting , I did a final checking of details for the plans for the Town Hall and the Southold Police Station. It should be added that the Town of Southold will have reasonably accurate architectural plans of the Town Hall and Police Station following the completion of the energy conservation work. Sets of plans and specifications for bidding purposes will be made available for distribution at the May 16 , 1994 meeting of the Town Board. The following dates were tentatively agreed to at the meeting of May 11 , 1994 : Town Board approval to put work out to public bid May 16 , 1994 Legal Notice in papers May 26 , 1994 Contractor ' s walk through May 31 , 1994 Opening of bids June 3 , 1994 Submission of grant application to N. Y. S . Energy Office June 3 , 1994 It should be added that duct cleaning is maintenance and operation work that is not subject to a grant . This work should be awarded as soon as possible at the first board meeting following the bid opening on June 3 , 1994 . Town of Southold Building * Estimated Cost Engineering Fee Total Cost SEO Grant Cost Savings Payback Police Station '•�'_ Exit Signs $360 ' $ 54 $ 1 414 $ 207 $200 2 .1 yrs Modify Ductwork $1,000 $150 $' 1 , 150 $ 575 $180. 6 . 4 yrs Clean Ductwork $1 , 250 $187 $ 1 , 437 0 $500 2 . 9 yrs Lighting $15 ,000 $2 , 250 $17 , 250 Ceiling Restoration3 ,000 $MO $3 , 450 $20 ,700 $10,350 $4 ,500 4 .6 yrs Human Resources Center totals $23 ,701 $11 , 132 $5, 380 4 . 4 yrs c� g' Exit Signs ; $480 $ 72 $ 552 $ : 276 --- lfl_ 2 . 1 yrs New Furnace $5 ,000 ±$750 $ 5,750 $- 2,875 s2 ,00Q 2 ,19 ;rs Clean Ductwork $3 ,000 $450 $ '3 , 450 0 $1;000 3 . 4 yrs New Air Conditioning ,.- (need to do substantial engineering work:-) Lighting $17 ,000 $2 ,550 $199550 $ 9,775 $4 ,600 3.8 yrs totals $29 ,302 $32;926 $7 ,glp 3 . 9 yrs Town Hall . Exit Signs $840 $126 _ $ 966.. _ 0 $ 307 2 .6 yrs Electric Hot Water $1 ,500 $270 $ 1 ,770 0 $1 ,200 1 .5 yrs Clean Ductwork $3 ,500 $525 $ 4 ,025 0 $1,500 2 . 7 yrs Lighting $43,000 $6 , 450 $49 , 450 $24 , 725 $ 13 ,000 - Ceiling Restoration5,000 $750 $ 5, 750 $55, 200 4 .6 yrs totals $61 , 961 $24 ,725 $'16 ,-067 3.A,yrs Notes : SEO maximum grant $25 ,000. Exit signs for Town HaI4 eligible, not included in total. Totals ,1 ,q 965 4 qg'j 78.3 .Z:Q 3o�= / 7 Notes to chart on previous page : 1 . Duct cleaning not eligible for SEO grant . 2 . Capital items with paybacks under 2 years not eligible for SEO grants . 3 . Duct cleaning not allowable for bonding . 4 . Painting work at Town Hall and Police Station not shown on table, not allowable for bonding. Painting may be done using in-house labor. 5 . Minor pipe insulation work ($250) not shown at Human Resources Center. 6 . Total bondable amount estimated at $106 , 052. A contingency amount of 4ti3 ,948 'dollars should be added to bring the total amount to be bonded to $150 , 000 for the three buildings . Please note that all cost estimates are projections of costs and I can not guarantee the costs in any way whatsoever. Until bids are received by contractors , there is no way of knowing exactly how much a capital project will cost . All three buildings will have a substantial reduction in electrical costs . There is a huge potential for saving the taxpayers of the Town of Southold a considerable amount of money that could be better spent for badly needed services . I have not included possible replacement of the air equipment at the Human Resources Center. A substantial amount of engineering is necessary in order to select new equipment. The location and size of the existing ductwork, crucial to engineering analysis , is not known. The duct cleaning contractor will be asked to locate and trace all ductwork, and to provide a single line diagram providing this information. At that point , an analysis can be performed as I suspect that the air conditioning is oversized for the building. Attached to this letter is a printout showing electrical costs for Town buildings , and monthly breakouts of electrical and gas costs for the Town Hall, Police Station, and Human Resources Center. If I can be of further assistance to you, please feel free to contact me at the above number. Yours truly Daniel Kar en 5/11/94 LlL XLS 1:21 PM Town of Southold LUXO Expenses Location Jan-93 Feb-93 Mar-93 Apr-93 Mat-93 Jun-93 Jul-93 Aug-93 Sep-93 Oct-93 Nov-93 Dec-93 Total Recreation Center 1,392.11 1,524.65 1,703.97 1,454.25 1,702.48 1,093.88 844.28 839.54 950.47 665.12 1,105.13 13,275.88 Town Hall 2,423.41 2,103.96 2,104.32 2,424.20 1,941.25 2,002.55 3,095.35 3,086.02 3,013.17 3,545.32 1,884.02 2,228.55 29,852.12 Landfill 869.03 888.80 936.91 648.85 323.85 423.10 362.93 346.55 441.54 422.04 529.50 6,193.10 RR Barn,Peconic 512.14 798.62 1,215.59 211.68 256.80 290.84 299.87 257.92 285.29 4,128.75 Police Dept. 1,676.26 1,606.14 1,676.18 1,880.83 1,336.84 1,148.48 1,929.55 2,122.78 1,905.81 1,263.43 1,374.38 17,920.68 Hwy Dept 1,269.17 1,103.47 1,335.39 1,535.30 616.14 307.21 393.43 360.30 350.80 386.27 329.90 537..833- 8,525.21 Oct-93 Nov-93 Dec-93 Jan-94 Feb-94 Mar-94 / ,6 7 f(' Human Resource 1,344.82 2,074.17 2,590.58 3,806.36 2,808.12 2,353.50 Note: Six month total 14,977.55 • Page 1 i SOUTHOLD SOCIAL SERVICES 5809 Square Feet ELECTRIC CONSUMPTION DATA 0.1111 YEAR IS 1993-1994 Total KW ACTUAL BILLED kWh • MONTH READING DAYS KWH KW/DAY Costs Costs KW KW $/DAY COSTS OCT '93 10/28/93 35 7380 210.9 $1,345 $525 50.0 50.0 $38 $820 NOV 11/29/93 32 14340 448.1 $2,074 $714 68.0 68.0 $65 $1,360 DEC 12/29/93 30 19200 640.0 $2,591 $725 69.0 69.0 $86 $1,866 JAN '94 01/31/94 33 30300 918.2 $3,806 $809 77.0 77.0 $115 $2,998 FEB 02/28/94 28 21360 762.9 $Z808 $798 76.0 76.0 $100 $2,010 MAR 03/29/94 29 18060 622.8 $2,324 $593 56.5 56.5 $80 $1,730 Total Consumption/amount 110640 300.2 $14,948 $8,287 33.0 69.2 $40 $6,661 Cost Per Unit $0.135 $17.802 465.5 02-May-94 North Fork Retrofit-516/477-2922 SOUTHOLD POLICE STATION 4000 Square Feet FOSSIL FUEL CONSUMPTION DATA YEAR IS 1993-1994 5780 Therms/ Fossil Tti MONTH READING DAYS est/HDD HDD Fuel Used Costs Btu sf/HDD APR '93 04/29/93 30 531 MAY 05/27/93 28 0.31 164 $130.00 7.7 JUN 06/30/93 34 198 0.12 24 $29.00 3.0 43 0.42 18 $23.00 JUL 07/29/93 30 1 14.00 10.5 AUG 08/26/93 28 14 $18.00 350.0 SEP 09/29/93 34 5 2'60 13 $17.00 65.0 OCT 10/29/93 30 113 0.44 50 $47.00 11.1 494 0.11 52 NOV 11/29/93 31 $48.00 2.6 DEC 12/29/93 30 590 0.29 169 $141.00 1020 0.35 7.2 JAN '94 01/28/94 30 359 $298.00 8.8 FEB 634 1.02 645 $500.00 25.4 02/28/94 31 922 0.52 482 $405.00 13.1 MAR 03/28/94 28 1229 0.25 303 $271.00 6.2 Total Consumption/amount - 2293 $1,927 Cost per Unit Fuel -----> 43 4000 $0.840 Btu's/Unit #2---> ___ ===== _____ _ 100000 BTU/SQF 39878 997 _ Total Consumption/amount -> $21,054 02-May-94 North Fork Retrofit - 516/477-2922 SOUTHOLD TOWN HALL Square Feet ELECTRIC CONSUMPTION DATA 0.0963 YEAR IS 1993-1994 Total KW ACTUAL BILLED kWh MONTH READING DAYS KWH KW/DAY Costs Costs KW KW $/DAY COSTS APR '93 04/29/93 31 14160 456.8 $1,941 $578 46.0 55.0 $63 $1,364 MAY 05/27/93 28 14040 501.4 $2,003 $719 68.5 68.5 $72 $1,283 JUN 06/30/93 34 19980 587.6 $3,095 $730 69.5 69.5 $91 $2,366 • J U L 07/28/93 28 20340 726.4 $3,086 $793 75.5 75.5 $110 $2,293 AUG 08/25/93 28 19860 709.3 $3,013 $751 71.5 71.5 $108 $2,262 SEP 09/29/93 35 22550 644.3 $3,545 $782 74.5 74.5 $101 $2,763 OCT 10/28/93 29 13020 449.0 $1,884 $635 54.0 60.5 $65 $1,249 NOV 11/30/93 33 15780 478.2 $2,229 $635 51.5 60.5 $68 $1,593 DEC 12/28/93 28 15120 540.0 $2,114 $593 56.5 56.5 $76 $1,521 JAN 194 01/28/94 31 19800 638.7 -$2,722 $667 63.5 63.5 $88 $2,055 FEB 02/26/94 28 15780 563.6 $2,195 $593 0.0 56.5 $78 $1,602 MAR 03/25/94 28 20940 747.9 $2,721 $651 62.0 62.0 $97 $2,070 Total Consumption/amount 211370 586.9 $30,548 $8,127 57.8 64.5 $85 $22,421 Cost Per Unit _ $0.145 ----- $11.727 693.0 02-May-94 North Fork Retrofit - 516/477-2922 SOUTHOLD POLICE STATION . 4000 Square Feet ELECTRIC CONSUMPTION DATA YEAR IS 1993-1994 Total KW ACTUAL BILLED 0.0958 MONTH READING DAYS KWH KW/DAY Costs Costs KW kWh KW $/DAY COSTS APR '93 04/29/93 30 9306 310.2 $1,206 MAY 05/27/93 28 8514 304.1 $1120 $315 25.0 30.0 $40 $891 JUN 06/30/93 34 13104 385.4 $1,907� $326 31.0 31.0 $40 $794 $368 35.0 35.0 $56 $1,539 J U L 07/29/93 29 14976 516.4 a $2,105 $394 37.5 37.5 $73 $1,711 AUG 08/26/93 28 13410 478.9 SEP 09/29/93 34 14310 420.9 $2,084 $362 34.5 33.5 33.5 $61 34.5 $1,537 OCT 10/29/93 30 9162 305.4 $1, $41 $216 $315 28.0 30.0 $61 $1$722 NOV 11/29/93 31 9270 299.0 $1,234 901 DEC 12/29/93 30 10944 364.8 $1,429 $299 28.5 28.5 30.0 $48 $919 JAN '94 01/28/94 30 13824 460.8 $1 748 $48 $1,128 FEB 02/28/94 31 14220 458.7 $331 31.5 31.5 $58 $1,417 MAR 03/28/94 28 10944 390.9 $1,791 $326 31.0 31.0 $58 $1,465 $1,401 $294 28.0 28.0 $50 $1,107 Total Consumption/amount 141984 391.3 $19,127 Cost Per Unit $3'995 31.0 31.7 $53 $15,132 _ $0.135 $10.726 --372.5 02-May-94 North Fork Retrofit - 516/477-2922 DANIEL KARPEN V PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON, NEW YORK 11743 (516)427-0723 May 13 , 1994 Thomas H. Wickham Supervisor Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Dear Supervisor Wickham and Members of the Town Board: RE: PROGRESS REPORT - ENERGY CONSERVATION I am pleased to present this progress report regarding the New York State Energy Office Not-For-Profit Energy Incentive Program. On May 11 , 1994 , I met with Supervisor Wickham, and Ruth Oliva, Town Board member , to review the plans . Following the meeting , I did a final checking of details for the plans for the Town Hall and the Southold Police Station. It should be added that the Town of Southold will have reasonably accurate architectural plans of the Town Hall and Police Station following the completion of the energy conservation work. Sets of plans and specifications for bidding purposes will be made available for distribution at the May 16 , 1994 meeting of the Town Board. The following dates were tentatively agreed to at the meeting of May 11 , 1994 : Town Board approval to put work out to public bid May 16 , 1994 Legal Notice in papers May 26 , 1994 Contractor' s walk through May 31 , 1994 Opening of bids June 3 , 1994 Submission of grant application to N. Y. S . Energy Office June 3 , 1994 It should be added that duct cleaning is maintenance and operation work that is not subject to a grant . This work should be awarded as soon as possible at the first board meeting following the bid opening on June 3 , 1994 . Town of Southold Building Estimated Cost Engineering Fee Total Cost SEO Grant Cost Savings Payback Police Station Exit Signs $360 $ 54 $ 414 $ 207 $200 2 . 1 yrs Modify Ductwork $1 , 000 $150 $' 1 , 150 $ 575 $180 _ 6 . 4 yrs Clean Ductwork $1 , 250 $187 $ 1 , 437 0 $500 2 . 9 yrs Lighting $15 , 000 $2 , 250 $17 , 250 Ceiling Restoration3 , 000 $45;0 $3 , 450 . $20 , 700 $10 , 350 $4 ,500 4 . 6 yrs Human Resources Center totals $23 , 701 $11 , 132 $5 , 380 4 . 4 yrs Exit Signs $180 $ 27 $ 207 $ 103 $1000 2 . 1 yrs New Furnace $5 , 000 $750 $ 5 , 750 0 $8 , 000 . 7 Yrs Clean Ductwork $3 , 000 $450 $ '3 , 450 0 $1 , 000 3 . 4 yrs New Air Conditioning $25 , 000 $3 , 750 $28 , 750 $14 , 375 $4 , 000 7 . 2 yrs Lighting $17 , 000 $2 , 550 $19 ,550 $ 9 , 775 $4 , 600 3 . 8 yrs totals $57 , 707 $24 , 253 $17 , 700 3 . 3 yrs Town Hall S Exit Signs $720 $108 $ 828 $ 0 $ 400 2 . 1 yrs Electric Hot Water $1 ,500 $270 $ 1 , 770 0 $1 , 200 1 . 5 yrs Clean Ductwork $3 , 500 $525 $ 4 , 025 0 $1 ,500 2 . 7Y rs Lighting $43 , 000 $6 , 450 $49 , 450 $24 , 725 $12 ,000 Ceiling Restoration 5 , 000 $750 $ 5 , 750 $55 , 200 4 . 6 yrs totals $61 , 823 :$24 , 725 $15 , 100 4 . 1 . yrs Notes : SEO maximum grant $25 , 000 . Exit signs for Town Haljf eligible , not included in total . Totals $143 , 231 $60, 110 $ 38 , 180 3 . 75 yrs Notes to chart on previous page: 1 . Duct cleaning not eligible for SEO grant . 2 . Capital items with paybacks under 2 years not eligible for SEO grants . 3 . Duct cleaning not allowable for bonding . 4 . Painting work at Town Hall and Police Station not shown on table , not allowable for bonding . Painting may be done using in-house labor . 5 . Minor pipe insulation work ($250) not shown at Human Resources Center . 6 . Total bondable amount estimated at $134 , 319 . A contingency amount of 15 , 681 dollars should be added to bring the total amount to be bonded to $150 , 000 for the three buildings . Please note that all cost estimates are projections of costs and I can not guarantee the costs in any way whatsoever . Until bids are received by contractors , there is no way of knowing exactly how much a capital project will cost . All three buildings will have a substantial reduction in electrical costs . There is a huge potential for saving the taxpayers of the Town of Southold a considerable amount of money that could be better spent for badly needed services . If I can be of further assistance to you, please feel free to contact me at the above number . Yours truly, aniel Karpe r DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 May 2 , 1994 Thomas H. Wickham Supervisor Town of Southold P . 0. Box 1179 Southold , N. Y. 11971 Dear Supervisor Wickham and Members of the Town Board: RE: PROGRESS REPORT - STATE ENERGY OFFICE GRANTS I am pleased to present this progress report with respect to the grant applications being prepared for submission to' the New York State Energy Office. Town Hall Plans are complete for the installation of full-spectrum polarized lighting in Town Hall , with the exception of the judge ' s offices in the trailer . I need to double check some dimensions for my draftsman to complete that section of the building . The remainder of the building needs a final checking . Electrical use for lighting will be cut by at least 60 percent in Town Hall . All areas of the building will be redone , with the sole major exception of the chandelier in the lobby that will be kept . If you want to replace it , let me know. The acoustical tile ceilings need to be coated with a product to whiten and brighten them to bring them back to a like new condition. This work must be contracted out to a painting contractor . Other painting work consisting of repainting walls and ceilings , can be done by in-house personnel , and can be used as in-kind matching funds . Certain rooms in Town Hall have not been painted in a number of years . Ceilings without ceiling tile are to be painted Benjamin Moore Decorator White , and walls Benjamin Moore Aquavelvet Eggshell Latex Super White . Including engineering fees , there is approximately $50 , 000 worth of work to be done in the Town Hall for new lighting fixtures and repainting . The amount form matchingrant g limited to $25 , 000 per building , plus the Other work to be done in Town Hall includes cleaning of the air conditioning ductwork and cooling coils , and fan coil heating units . This work is not eligible for funding ; however, it must be done to improve the performance of the heating and air conditioning equipment . I am estimating its cost at $3 , 500 . There is a 12 , 000 watt electric domestic hot water heater in the basement of the west side of Town Hall . It should be replaced by a smaller water heater. This work is not costly. The trailer used for the judges ' offices is electrically heated. The trailer is well insulated. It would be difficult to route piping from the boiler room to put in hot water baseboard heat without the danger of pipes freezing under the trailer. I was unable to inspect under it to determine the amount of insulation. The boiler room piping is well insulated in the boiler room. A first order estimate for cutting electrical usage in the Town Hall is about $12 , 000 per year. I will provide an engineering estimate with back-up calculations at the time of the submittal of the grant application to the New York State Energy Office . Police Station Plans for the installation of new lighting for the police station are complete, with the exception of final checking of details . There were no surprises on the first floor . As I expected, the warm white lamps are very difficult on the eyes , causing a lack of contrast and detail . The switch to the basement lights will be moved to the other side of the hall on the first floor so officers will be more inclined to use it . The basement lighting is improperly switched, and officers leave on lights that should not be left on. The switching will be changed to allow those lights that are supposed to be on to be on when they are supposed to be in use . The ceiling on the first floor needs to be coated with a product to bring it up to a "like new" condition. Some of the walls need repainting ; this work can be done in-house ; the acoustical tile work must be contracted out . The estimated cost of the electrical and contracted painting work, including engineering fees , is projected at $20 , 000 . Cost savings are projected at $5 , 000 per year. The ductwork needs to be cleaned. It has not been cleaned since the police station was opened over 20 years ago. this work is not fundable from a grant from the State Energy Office . I estimate the cost of the work to be done in the police station at about $1 , 250 . mon The police chief ' s office scold during heatwinter Theths . An electric space heater is used for supplemental office is at the corner of the building . There are some problems with the insulation, including the need for a barrier between the upper part of the front wall and the soffet to prevent siphoning of cold air . There are three vents in the floor. The police station has two heating systems , one on the east side of the building , and the other on the west side . One vent is from the east side . Two vents are from the west side heating system. west heatside fromheating radiosystem equipmentrarely used because of the internal As a result , the police chief ' s office is underheater by the sole velt�hreeven rtsreserved bythe eadchanging the ductwork side system. basement so al I also recommend that a vent be added so that heat is supplied by the heating system to the basement office used for training and as a disaster control center . It is now heated by an electric space heater . There is a hole about one foot square leading into the furnace room. As theefurnacesearetair cyclingrnaces cool off excessively whit There is about $1 , 000 worth of ductwork alterations that need to be done as described above . I suggest that the ork be done independent of the grant application, as the payback period is under 2 years and is ineligible for funding . Human Resources Center Plans for the installation of a new lighting system in the Human Resources Center are complete and need a final checking . The estimated comated the at $lig00ing work is $19 , 200 . Energy cost savings are es The ductwork, cooling coils , and space under the raised floor need to be cleaned. Thiseworkest11stnotcost eligibleuct forcaeaninState is projected at $2 ,500 Energy Office grant . There is a 19 , 200 watt electric resistance heater in the ductwork. I am in the process of contacting LILCO to determine if there is sufficient gas capacity to replace the electric heat with a gas fired duct heater . I am investigating the replacement of the oversized air conditioning equipment . The amount of air conditioning in the building , which was designed as a bank computer center , is far in excess of the current needs of the building . There is some uninsulated hot water lines in the basement. While eligible for a grant, the amount of work is too small ' for the amount of paperwork involved with the State Energy Office. I estimate the cost of insulation of the hot water lines at $250 .00 . Schedule Plans and specifications will be completed by early next week. I suggest that the work be put out to bid immediately, with a bid notice in the newspaper on or about May 12 , 1994 . A walk through of the buildings would be conducted on May 16 , 1994 , and the bids would be opened on May 20 , 1994. The grant application would be sent to the New York State Energy Office in the afternoon following the bid opening. If I can be of further assistance to you, please feel free to contact me at the above number. Yours truly, Daniel Ka p C NORTH FORK RETROFIT 511 CARPENTER STREET • GREENPORT, NY 11944-1402 516/477-2922 Building Diagnostics/End-Use Monitoring Devices Residential & Commercial Energy Efficiency May 11, 1994 Infiltration & Thermo,=raphic Testing Long Island Cogrdirnator -.NY-Star ({.az by voice request) Tom Wickham Southold Town Supervisor Main Rd - Box 1179 Southold, NY 11871 Dear Tom Wickham and Members of Town Board, I have worked with Daniel Karpen on several energy conservation projects. I spent two days analyzing LILCO billing information, in order to produce the graphs delivered on Tuesday's meeting. As a Southold resident, I am reasonably familiar with Southold's public buildings, although I have only cursory information of the surveys and walk-throughs necessary to detail energy saving measures. But as one of the few individuals on the North Fork that works in the fields of energy efficiency, I recommend that Southold take thorough advantage of what may be the last of such funding from the SEO. And do it as soon as possible, so as not to lose the summer savings from new lights and heating, ventilation & air conditioning (HVAC) improvements. Based upon Daniel Karpen's lighting estimates, rough calculations show that LILCO ought to rebate some 15% of lighting costs - this would put Southold's costs of SEO/LILCO approved measures at 35%. There are obviously substantial dollars savings possible, as well as a host of other benefits more difficult to quantify. Increased comfort levels and improved in-door-air-quality for you and your fellow Southold workers have been mentioned. In light of Southold's commitment to the local environment - the reduction of burning several thousand barrels of oil a year ought also to weigh heavily in favor of implementing this project as soon as possible. would also like to reserve some time in the near future to talk to the board about how Southold Town might promote NY-Star participation, the benefits to both builders and residents of energy efficient homes and how Southold itself might benefit and create a model for the east end of Long Island. Sincerely yours, J Frazer Dougherty enc: cc: Members of Town Board - ......::......:............ nfr • 511 p 'Carpenter St • Greenport, NY 11944 • 516/477-2922 • Building Diagnostics + End-Use Monitoring= Energy Efficiency - SOUTHOLD TOWN OPPORTUNITIES FOR HEATING & COOLING ENERGY SAVINGS May 1994 • Air-seal;ng ductwork and correcting other inefficiences in heating and codling heat pump systems produces energy savings of 30%. • Addressing the following conditions and/or problems in these three buildin s will not merit SEO rebates, since the majority are colside ed maintenance issues. HUMAN RES URCES: Estimated Savings . . . . . . . . . . . . . . . . . $3,695 Return orced-air plenum in floor Air-seal and additional insulation to ductwork above dropped ceiling Inadeq ate insulation in dropped ceiling HE, p mp not tested for air flow, efficiency or heat strip wiring* ON/ersized HVAC HN/AC maintenance Sy;tem icontrols for HVAC POLICE STAT�ION: Estimated Savings . . . . . . . . . . . . . . . . . $1,969 Large winter electrical use - supplemental heating ?? HVAC pot tested for air flow or efficiency* Ductw6rk inefficiences TOWN HALL: Estimated Savings . . . . . . . . . . . . . . . . . $3,142 Inadeq ate insulation in trailer floor HVAC of tested for air flow or efficiency* Oversi�ed HVAC in trailer System controls for HVAC Ductw rk inefficiences TOTAL ESTI ATED kWh SAVINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,806 TOTAL ESTIMATED kW SAVINGS $1 ,440 TOTAL 1-STIMATED SAVINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $101246 * A state-of-the-art HEAT PUMP AIRFLOW & EFFICIENCY TEST PROCEDURE is available from NFR. IRI ON \\N&W\Nl\ -®r INNO, IVN A A NORTH FORK RETROFIT • 7,11 CARPENTER STREET • GUINPO.T, NY 11944-1402 5161477-2102 Building Diagnostics/End-Use Monitoring Devices Residential & Commercial Energy E((iciency Infiltration & Thermographic Testing Long Island Coordinator • NY-Star 5161477-2992 fix May 9, 1994 n(rC>pipeline.com c-mai! Alice Hussie Councilwoman - Southold Town Hall i l) Main Rd - Box 1179 � r Southold, NY 11971 � Dear Alice Hussie, _. � ,� � : '` am sorry I missed the end of the board meeting last Tuesday - I also believe that we can create a municipal electric system in Southold. I work daily in the field of energy efficiency, as the LI coordinator for NY-Star, in an R&D project with LILCO to develop cost-effective end-use monitoring devices, as a consultant to [he Citizen's Advisory Panel and with Daniel Karpen on several local energy efficiency projects. I believe that a mix of comprehensive energy conservation and efficiency projects coupled with the implementation of judicious and selective renewable energy production are instrumental to the process. • The new lighting systems and HVAC retrofits in Town Hall, Police Station and the Human Resources Center can go a long way in convincing the public that Southold can conduct the projects that will be necessary to maintain a municipal electric system. • 2.4 - 6.12/kWh (1992$) • 22 jobs/$1,000,000 expenditure • The town can promote existing energy programs and create additional new programs to directly influence and benefit the residents of Southold. • NY-Star (energy-efficient new homes) • NYSEO: Not-for-Profit Rebate, ICI' for libraries, churches & schools • Dept of Energy; PV:BONUS, NARL:JUMPSTART, SWAP • A residential energy program (similar to the NYSDOS Weatherization Assistance Program) for all income sectors. • Combine local agriculture use with wind farms to produce electrical power to be fed into the municipal grid. • 10 megawatts per square mile • 6.12/kWh (1992$) • 4 jobs/$1,000,000 expenditure • Implement the installation of photovolatic (PV) systems on commercial & residential buildings. • 10.32/kWh (2010$) • 7.4 jobs/$1,000,000 expenditure • No transmission losses to end-user nfr Page 2 (Alice Hussie) According :o ou 1990 data, LILCO's five generating plants on the east end produced power for 8.7m h, more than twice as much as their cheaper production back west. This cost LILCO (some $674,350 in oil. Southold's plant was the most expensive at 13.80/kWh - so to some extent this is a good deal - some portion of east end sales are being subsidized by west end sales. While these figures are several years old and modificaticns ;st likely have been made to these plants, on average they are more than 29 . Greenport residential rates (comparable to LILCO's 16,Z/kWh) are closer to 90 and for all-electric customers increase to 11 0/kWh in the winter. Greenport's rates appear reasonable, although they are the most expensive of any municipal electric system in the state, due to wheling charges from ConEd & LILCO and the persistent use of additional and more expertsive power from one of NYPA's nuclear plants. LILCO's billing also has a fair number of hidden costs & non-line items - local and gross receipts taxes, lost revenues from energy conservation and demand charges, that do not appear in municipal bill. Both Greenport land NYPA have had recent changes of leadership (Greenport will also see a new utility supervisor reasonably soon) and while both David Kapell and S. David Freeman have presently other issues to settle, it may very well be an ideal time to begin a new coalition] I have been pushing Greenport to begin energy conservation projects for some time n and one of these is presently under review by the village attorney. There are ;eve6l manufacturers and consortiums that look at LI as a viable market for renewable energy production. LILCO has always made it extremely difficult for independent poer producers (IPP) to gain access to the grid. We are beginning seeing large changes irthe way electric utilities are selling power, a move by Southold could very well tit int "retail wheeling" and allow considerable renewable IPP investments to take place on the east end. Please cal! me f you have any questions or require further information. Sincerely yours! Frazer Doughe�ty enc: cc: T Wickhiam