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Energy Conservation Improvements (2)
1 'Ala �. A&A a.. +r a A AVEY E LECTRJ C.INC. March 23, 1995 Long Island Lighting Company Energy Wise Rebate Program for Business 170 Froehlich Farm Blvd. Woodbury,NY 11797 Gentlemen: Enclosed please find paid invoices to comply with LILCO rebate requirements. Please proceed with post inspection and final paperwork. Sincerely, Avey Electric Inc. Pauri. Aveno�o%� Pres. cc: Town of Southold Daniel Karpen 203 BAY AVENUE PATCHOGUE,NY 11772 758-AVEY-2839 AVEYELECTRIC DATE: 3/23/95 INVOICE#929 PRIDE IN WORKMANSHIP P.O.BOX 1429 PATCHOGUE,NY 11772 INVOICE TO: Town of Southold JOB USTOME P O Box 1179 Town Hall Southold, NY 11971 QRK.PE REC.1 Based on the contract dated august 1994,this invoice is for the lighting package in the Town Hall which consists of: 40 — 2 x 4 each with (2)T12 lamps powered by an'Advance' REL-2540—RH—TP ballast with a specular reflector. 112 — 1 x4 each with (1)T12 lamp powered by a'Motorola' M1—RN—T12-1 LL-120 ballast with a specular reflector, Total cost of fixture eackM is: $45,600.00 TOTAL $45,600.00 SALES TAX TOTAL $45,600.00 BALANCE DUE $45600.00 1 AVEYELECTRIC DATE: 3/23/95 INVOICE#928 PRIDE IN WORKMANSHIP P.O.BOX 1429 PATCHOGUE,NY 11772 INVOICE TO: Town of Southold JOB USTOME P O Box 1179 Police Dept. Southold, NY 11971 P �IVQR K ERFORM Based on the contract dated August 1994,this invoice is for the lighting package in the Police Department which consists of: 16 — 2 x 4 each with (2)T12 lamps powered by an 'Advance' REL-2S40—RH—TP ballast and with a specular reflector. 27 — 1 x4 each with (1)T12 lamp powered by a'Motorola, M1—RN—T12-1 LL-120 ballast and with a specular reflector. 1 — LED Exit Fixture Model #2000 Plus by Astrolite. Total cost of fixture pwkage is: $12,900.00 TOTAL SALES TAX $12,900.00 TOTAL $12,900.00 BALANCE DUE $12900.00 AVEYELECTRIC DATE: 3/23/95 INVOICE#927 PRIDE IN WORKMANSHIP P.O.BOX 1429 PATCHOGUE,NY 11772 INVOICE TO: Town of Southold JOB CUSTOMER P 0 Box 1179 uman Reso Southold, NY 11971 3uidling :.::.:...:::..:. �f1►4RK PERF...QF1AEla., . , Based on the contract dated August 1994,this invoice is for the lighting package in the Human Resources Building which consists of: 28 — 2 x 4 each with (2)T12 Lamps powered by an'Advance' REL-2S40—RH—TP ballast with a specular reflector. 17 — 1 x4 each with (1)T12 Lamp powered by a'Motorola' M1—RN—T12-11-120 ballast with a specular reflector. Total cost of fixture package is: $13,500.00 TOTAL $ 13,500.00 SALES TAX TOTAL $ 13,500.00 BALANCE DUE $13500-00 1 SO,g�FFO(�-�oG JUDITH T.TERRY C yet Town Hall, 53095 Main Road TOWN CLERK CA Z P.O.Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER Fax(516)765-1823 RECORDS MANAGEMENT OFFICER .( `�►a{1 Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER l OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 21, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a change order between the Town and Avey Electric Inc. , at a net increase of $1 , 150.00 to the contract with Avey Electric, to accomplish certain electrical lighting corrections at the Human Resource Center, Police Headquarters, and Town Hall, and all in accordance with the recommendation of Daniel Karpen, consultant for the project. (Change Order No. 2) Judith T. Terry Southold Town Clerk March 22, 1995 CHANGE ORDER (Instructions on reverse side) No. 2 PROJECT: Human Resources Center DATE OF ISSUANCE:March 9, 1995 Police Station OWNER: Town Hall (Name, Town of Southold Address) CONTRACTOR: Avey Electric OWNER's Project No. P. 0. Box 1429 Patchogue, N. Y. 11772 ENGINEER: _ Daniel Karpen CO tF Peri Professional Engineer & Consultant, P. C. Professional Engineer & Consultant, P. 3 Harbor Hill Drive Huntington, N. Y. 11743 3 Harbor Hill Drive ENGINEER=sPioject-No:= _H ,int neton N Y 1743 - - - You are directed to make the following changes in the Contract Documents. Town Hall: Wire exit sign in basement of east wing according to code. The exit Description:signs are not wired properly. Wire exit sign in to a junctTon box using cable or conduit. Presently, wires are not enclosed' tn conduit. Police Station: Identification Room, move fixture as per attached sketch, reinstall 3 Purpose of Change Order: 3 three way switches. Human Resources: Remove 5 2F40 wrap-around fixtures. Relocate fixture in passageway to lavatories after installation of return air diffuser. Attachments: (List documents supporting change) Install 3 new 1F40 surface mounted fixtures as per specification. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time 30,720 $ days or date Previous Change Orders No. 1 to No. Net change from previous Change Orders $ $1,190 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $31,910 $ days or date Net Increase(decrease)of this Change Order Net Increase (decrease)of this Change Order $ $1,150 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ $33,060 days or date ] RECOMMENDED: APPROVE APPROVED: / �.� by by 7-B r �Y.. Owner Coo r EJCDC No. 1910- (1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. i rq rj L\J _y �Ow'u �vFlL-L- AVEY ELECTRIC INC. 1�''� '' �' d P.O.BOX 1429 s, —' "� PATCHOGUE,N.Y.11772 1 • el ki (rncATl� lases 3o''x 3a'� X1STIfyq �C��X30�i 7m—1� F"I-TE(L 9Q%L-LE 4— P-I L L -- P-ILL Co q� (L UNUG - 1�. 9R��-� - e)eClefC i(A�j� L • -------------------------- rovw 0, sv�Cpl - hoo o' R Al Tl ry 4 � /v,y t - 1 i o��S�fFO(,�coG JUDITH T.TERRY o� yet Town Hall,53095 Main Road TOWN CLERK 012 P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Oy � O�� SouFax(516)765-1823 MARRIAGE OFFICER h eleone RECORDS MANAGEMENT OFFICER T �.� �►� p (516)765-1800 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 MARCH 21, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a change order between the Town and Avey Electric Inc. , at a net increase of $300.00 to the contract with Avey Electric, to accomplish certain electrical lighting corrections at Town Hall, all in accordance with the recommendation of Daniel Karpen, consultant for the project. (Change Order No. 4) ;05�" � udith T. Terry Southold Town Clerk March 22, 1995 CHANGE ORDER (Instructions on reverse side) No. 4 PROJECT: Town of Southold DATE OF ISSUANCE: March 15, 1995 Town Hall, Electrical/Lighting OWNER: (Name, Address) CONTRACTOR: Avey Electric Inc. OWNER's Project No. P. 0. Box 1429 Patchogue, N. Y. 11772 ENGINEER: Daniel Karpen CONTRACT FOR: Professional Engineer & Consultant, P. C. 3 Harbor Hill Drive ENGIIYEER's Project No. 1Jnntin�otnr. C`J V 117AI You are directed to make the following changes in the Contract Documents. Description: Install 2 2F40 fixtures in east basement as shown on attached sketch. Relocate 2 1F40 to other areas of building as in Change Order Number 3. Purpose of Change Order: Order Number 3. Requested by Town. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $48,630 days or due Previous Change Orders No. 1 to No. 3 Net change from previous Change Orders $ $2,415 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ $51,045 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $300.00 $ days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ $51 345 ZZdays or date RECOMMENDED: APPROV D: APPROV % b �- - ' y e by b ner y, coot or EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. lt.v.wd 515 iiYl K1 Fid N i i I L3 Ch' rOA 1p 19�T I+v �15E -- -� L\,J ry rj VJV • j �d wN -r+►v�_` (3i4s� cy AYEY ELECTRIC INC. P.O.BOX 1429 PATCHOGUE,N.Y.11772 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 March 22 , 1995 Judith Terry RECEIVED Town Clerk Town of Southold MAR 2 ; 1995 P. 0. Box 1179 Southold, N. Y. 11971 Southold Town Clerk Dear Judith: Please find enclosed three copies of a signed change order for Avey Electric for changes to two fixtures in the basement on the east side of the building. ZY rs truly, Daniel Kar en DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0 Rarch 15 , 1995 Judith Terry Town Clerk RECEIVED Town of Southold P. 0. Box 1179 MAR 1 r' 1995 Southold, N. Y. 11971 Dear Judith: Southold Town Clerk RE: TOWN HALL ELECTRICAL CONTRACT Please find enclosed a change order for the Town Board meeting on March 21 , 1995 . I have sent copies to Avey Electric for their signature . Yo rs trul , Daniel Karpen r • gtaf F0[,�coG�, JUDITH T.TERRY yet Town Hall, 53095 Main Road TOWN CLERK ti = P.O.Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER 1'� �� Fax(516) 765-1823 RECORDS MANAGEMENT OFFICER �.( Telephone(516)765-1800 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 MARCH 21, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a change order between the Town and Avey Electric Inc. , at a net increase of $1,925.00 to the contract with Avey Electric, to accomplish certain electrical lighting corrections at Town Hall, all in accordance with the recommendation of Daniel Karpen, consultant for the project. (Change Order No. 3) Judith T. Terry Southold Town Clerk March 22, 1995 CHANGE ORDER (Instructions on reverse side) No 3 PROJECT: Town Hall, Electrical/Li htin DATE OF ISSUANCE ?,larch g ?March 9 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR:Avey Electric Inc. OWNER's Project No. P. 0. Box 1429 Patchogue, N. Y. 11772 ENGINEER:Daniel Karpen Professional Engineer & Consultant, P. CONTRACT FOR: 3 Harbor Hill Drive Huntington, N. Y. 11743 ENGINEER'S Project No. You are directed to make the following changes in the Contract Documents. Add one fixture in corridor by Town Clerk's Office. (1F40) . Description:Change 1F40 fixture to 2F40 fixture in center of Tax Receiver ' s of f ic, Install 2 1F40 fixtures in west stairwell, and remove 3 I100 fixtures. Move 1F40 fixture by copy machine in Accounting Department 1 foot to the east. Purpose of Change Order: Install 3 1F40 fixtures at back of storage room. Wire into third switch on wall, use existing conduit. Install 1F40 fixture by chain over mail machine in work area in basement. Attachments: (List documents supporting change) Requested by various Town departments. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $48,630 days or date Previous Change Orders No.— to No. 2 Net change from previous Change Orders $ $490 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ $49,120 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ $1,925 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $51,045 $ days or date RECOMMENDED: APPR D: APPROVE /l b by ar f 4er / ower )y - cont EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of Amenca. DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 March 9 , 1995 Judith Terry RECEIVED Town Clerk Town of Southold MAR 13 1995 P . 0. Box 1179 Southold, N. Y. 11971 Southold Town Clerk Dear Judith: Please find enclosed a copy of a change order for various lighting changes in Town Hall . All of these changes were requested by various Town Departments . I have sent three copies of the signed change order to Avey Electric . They will return them to me for forwarding to the Town. If I can be of further assistance to you, please feel free to contact me at the above number. Yours truly, anie4Kr E JUDITH T.TERRY 'yL Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER Fax(516) 765-1823 RECORDS MANAGEMENT OFFICER ( ) `T►a Telephone(516) 765-1800 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 MARCH 7, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a Change Order between the Town and Avey Electric, Inc. under the electrical lighting contract, for changes in the ballasts in the Assessors' Office in Town Hall, which change increases the contract price by $240.00, all in accordance with the recommendation of Daniel Karpen, engineer for the project. t udith T.merry thold Town Clerk March 8, 1995 1 , CHANGE ORDER (Instructions on reverse side) No. 2 PROJECT: Town Hall , Lighting DATE OF ISSUANCE: March 3 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Avey Electric, Inc . OWNER's Project No. P. 0. Box 1429 Patchogue, N. Y. 11772 ENGINEER: Daniel Karpen 3 Harbor Hill Drive- CONTRACT FOR: Electrical/Lighting Huntington, N. Y. 11743 ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Change 4 Advance 2F40 ballasts in the Town Assessor' s Office to Motorola 2F40 to eliminate electrical interference problem, cut leads long for reuse, exchange Purpose of Change Order: with Motorola ballasts from manufacturer. Attachments: (List documents supporting change) See attached portion of plans of building. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $48, 630 . 00 days or date Previous Change Orders No. to No. Net change from previous Change Orders $ $250 . 00 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ $48,880 . 00 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ $240 . 00 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ $49 , 120 .00 days or date RECO MENDED: APPROV APPRO D: e b "— by owner by for EJCDC No. 1910-8-B(1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors or America. asp.M.d 7a7 • Jul, 12 Ell 1 ° 1 all ' t . rEl. 417i 1 . r • # --1.1 - - W - 40 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 March 3 , 1995 Judith Terry RECEjvEp Town Clerk Town of Southold MAR 6 1995 P. 0. Box 1179 Southold, N. Y. 11971 dt�WR c Dear Judith: RE: TOWN HALL, CHANGE ORDER Please place a resolution for the enclosed change order on the Town Board agenda for March 7 , 1995 . Yours truly, , 1� iel Ka len r' DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 March 1 , 1995 Avey Electric Inc . REOVED P. 0. Box 1429 MAR 6 Ift Patchogue, N. Y. 11772 Dear Paul : ScAold Town Clerk RE: CHANGE ORDER TOWN HALL Please find enclosed a change order relating to changing 4 ballasts in the Town Assessor' s Office from Advance to Motorola. Please expedite ordering the replacement ballasts by ordering them as soon as you receive a copy of the signed change order back from the Town. Three copies are enclosed with my original signature. Please sign all three copies and send them to the Town Clerk. The Town Clerk will have them signed by the Supervisor. One copy will be retained by the Town, one copy will be sent back to you, and the third copy will be sent to me . If I can assist you, please contact my office . Yours truly,, laniel Karpe f cc : Judith Terry, Town Clerk 'OD ANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 March 3, 1995 MOM Avey Electric Inc . MAR 6 1995 P . 0. Box 1429 Patchogue, N. Y. 11772 S0U*0W Town Clark Dear Paul : RE: SOUTHOLD TOWN HALL LIGHTING CONTRACT Please expedite completion of the work at the Southold Town Hall . I have been informed that the State Energy Office may close at the end of March. It is absolutely essential that the work be completed as soon as possible . Please contact John Cushman, Town Accountant , to determine the latest date your bill can be submitted in time for approval for payment by the Town Board on March 21, 1995 . Please inform me of the day when you intend to complete the original contract for Town Hall so I may inspect the work and approve it for payment . I intend to assist the Town in completing the forms for reimbursement so the forms for payment can be submitted to the State Energy Office on March 21 , 1995 . If I can assist you in any way, please contact my office. Yours truly,, / J cc : Judith Terry, Town Clerk Daniel Karpei� DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-07A bruary 23 , 1995 RECEIVED Brompton Service Corporation FEB 2 1995 11 Sheer Plaza Plainview, N. Y. 11803 Southold Town CieA Dear Sirs : RE: SOUTHOLD TOWN HALL ACOUSTICAL TILE RESTORATION The installation of new electrical lighting fixtures at the Town Hall will be completed by March 3 , 1995 . Please contact myself and Judith Terry, Town Clerk, at 765-1800 to arrange for the scheduling of your work. If you have any questions , please contact me. Yours truly, Daniel Karpen cc : Town Clerk Tel.( 6)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA CORPORATION PLAINVIEW,NEW YORK 11803 Equipment for Technical and Vocational Education RECEIVED February 23 , 1995 FEB 2 �. 1995 Town of Southold Southold Town Clerk Town Hall 53095 Main Road Southold, NY 11971 Attn : Town Clerk and/or Building Supervisor Subject : Ceiling Renovation at Southold Town Hall Dear Sir/Madam, Please take note that we sent the attached letter on Nov. 14 , 1994 and have received no formal res- ponse . We did however get a call from your engineer about mid December telling us that lights had not yet been put in and that we should wait until he lets us know when this is done . So far we have not heard from him. It appears that your lights are only now being put in. Please let us know as soon as you are ready to have us do the ceiling restoration. Yours sincerely, Edgar Bendor BROMPTON SERVICE Corporation encl : gh ENGINEERING EDUCATION 9 INDUSTRIAL ARTS • VOCATIONAL EDUCATION V, T61.(516)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA COMPORAT/ON PLAINVIEW,NEW YORK 11803 Equipment for Technical and Vocational Education a November 14, 1994 3 Town of Southold Toren Ha 1 i 53095 Main Road Southold, NY 11971 Attn : Town Clerk and/or Building Supervisor Subject : Ceiing Restoration at Southold Town Hall a Dear Sir or Madame, We have a small contract to spray and repair the ceilings at your facility. On a recent visit I noticed that the lighting has not yet been replaced. If we were to spray your ceilings now there would be bare spots after new lighting has been installed. We have therefore not started our work. I We are anxious to get this job done and would appreciate your instructions whether to proceed now or wait . l Yours sincerely, Edgar Bendor BROMPTON SERVICE Corporation gh ENGINEERING EDUCATION INDUSTRIAL ARTS VOCATIONAL EDUCATION Fold at • over top . envelope to the i brompton service right of the return address 11 Sheer Plaza Plainview, New York 11803 CERTIFIED . ' �fFiGE F 397 043 611 ��._ �L!�� :tti�.s r E E �i5 1 �rttl?Ct'� 1-ICE 2.$ 52nn ('� @C O�272V-06 Town of Southold 3 Town Hall Town Clerk and/or Bu i IVA ng Supe ry is or 53095 Main Road Southold, NY 11971 a � y VOL JUDITH T. TERRY Z ;L Town Hall, 53095 Main Road TOWN CLERK p r= P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO 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 JANUARY 29, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes the following change orders with regard to the Energy Conservation Program at the Human Resource Center, Town Hall, and Police Headquarters: Kolb Mechanical Corp. , HVAC, $800, Human Resource Center. Avey Electric Inc. , Lighting, $250, Town Hall. Avey Electric Inc. , Lighting, $1, 190, Human Resource Center, Police Headquarters, and Town Hall. /P�Judith T. Terrry Southold Town Clerk January 25, 1995 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 January 24 , 1995 Judith Terry Town Clerk RECEIVED Town of Southold P . 0. Box 1179 2719v' Southold, N. Y. 11971 JAN Dear Judith: S d,,,,Ad Town Oe6 RE: HVAC ALTERATIONS , HUMAN RESOURCES CENTER Please find enclosed three copies of the change order for the HVAC alterations at the Human Resources Center, signed by myself and Kolb Mechanical . One copy is for the Town, one for the contractor, and one copy for myself, once they are approved by the Town of Southold. Yours truly, Daniel K pen CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT: DATE OF ISSUANCE: t Human Resource Center, HVAC January 13 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Kolb Mechanical Corp. io OWNER's Project No. 11500 Sound Avenue Mattituck, N. Y. 11952 ENGINEER: Da-piel Karpen 3 Harbor Hill Drive - CONTRACTFOR. HVAC Huntington, N. Y. 11743 ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Install additional ductwork in east end of Human Resource Center to correct balancing problem. Supply Shop Drawings to Engineer for approval . Install additional Purpose of Change Order: vent in director' s office. Install carbon monoxide monitor in basement . Insulate all new ductwork with two inch thick duct insulation. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ -- ,-$16 , 950 days or date 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 $ $16 , 950 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ $800 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ $17 , 750 days or date RECOMMENDED: APPR ED: AP�RO?VED: , by ��� by b 4 k, n7B (19'83 Uvner o racwr EJCDC No. 1910-8 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The.Associated General Contractors of Amenca. CHANGE ORDER 1 , (Instructions on reverse side) No. ' PROJECT: Town Hall , Lighting DATE OF ISSUANCE: January 13 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Avey Electric Inc . OWNER's Project No. P . 0. Box 1429 Daniel Karpen Patchogue, N. Y. 11772 ENGINEER: 3 Harbor Hill Drive-- Huntington, N. Y. 11743 CONTRACTFOR: Electrical/Lighting ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Remove 2 2F40 fixtures in storage room in basement on east side of building . Install 1 1F40 surface mounted fixture . Purpose of Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $48 , 630 . 00 days or date 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 $48 ,630 . 00 $ days or Bate Net Increase(decrease)of this Change Order Net Increase (decrease)of this Change Order $250 . 00 $ days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ $480 days or date RECOMMENDED: APPR ED: APPROVEDy b L by Owner by Contrae r eer EJCDC No. 1910-8-B (1983/Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of Amenca. 4A" t — FT Oki! 01 cc<e f � _ 2 y s� f z/v u TT / -- lFyc r1 TT �T /Ii L ����eti - 1-cci► • CHANGE ORDER • (Instructions on reverse side) No. 1 / PROJECT: Human Resources Center DATE OF 1SSUAA4CE: 1 Police Station January 13 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Avey Electric OWNER's Project No. P . 0 . Box 1429 Daniel Kar en Patchogue, N. Y. 11772 ENGINEER: Karp en Harbor Hill Drive CONTRACT FOR: Electrical/Lighting Huntington, N. Y. 11743 ENGINEER's Project Nb. You are directed to make the following changes in the Contract Documents. Human Resources Center: Install 1 2F40 fixture in office next to Lyme Description: Disease Outreach Clinic. Remove 1 1F40 fixture from office, and install in conference room. Police Station: Purchase 2 new 1F40 fixtures. Install in dispatch room, and install at Human Resources Center. Install three way switch in Purpose of Change Order: Identification Room. Change 9 Advance 2F40 ballasts on first floor of Police Station to Motorola to eliminate electrical interference problem; cut leads long for reuse; exchange with Motorola with manufacturer. Town Hall: Attachments: (List documents supporting change) Additional Single Face LED exit sign retrofit, $90.00, Double Face , $130.00 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $30720 1 days or date 4evious 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 $ $30,720 days or date Net Increase (decrease)of this Change Order Net Increase(decrease)of this Change Order $ $1,190 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $31,910 $ days or date RECOMMENDED: APPROV APPROV byp✓ n er •� by Coe for EJCDC No. 1910=8-13 (198 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of Amenca. [ICs—d SAf cu. Nv LU� 1 ! i - T 1 t 1 i I , _ , C Cin �t.a'vim' c �ps4o-- lecc i �,��C( � 1=Yc � MEN omm mm — moi, immi I • DANIEL KARPEN PROFESSIONAL ENGINEER Sc CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 January 13 , 1995 Kolb Mechanical Corporation P. 0. Box 645 11500 Sound Avenue Mattituck, N. Y. 11952 Dear Andy: RE: HUMAN RESOURCES CENTER DUCTWORK MODIFICATIONS Please find enclosed three copies of the recommended change order to do the ductwork alterations at the Human Resources Center. Please sign all three copies , and send them back to me . When they are approved by the Town, you can go ahead and do the work. Yours trul/en Daniel Kar cc : Town Clerk DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 January 13 , 1995 Avey Electric Inc . P. 0. Box 1429 Patchogue, N. Y. 11772 Dear Paul : RE: CHANGE ORDERS , TOWN OF SOUTHOLD Please find enclosed two sets of change orders . Each set has three copies . Please sign all copies , and send them back to me . The reason for the two sets is that your firm has two separate contracts with the Town, and I had to separate out the various changes by contract . As soon as the Town approves the changes , you can go ahead and do the work. Yours truly, Daniel Ka pen cc : Town Clerk • CHANGE ORDER • (Instructions on reverse side) No. 1 PROJECT: Human Resources Center DATE OF 1SSUA.14CE: Police Station January 13 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Avey Electric OWNER's Project No. P . 0. Box 1429 en Daniel Kar Patchogue , N. Y. 11772 ENGINEER: Karp en Harbor Hill Drive CONTRACT FOR: Electrical/Lighting Huntington, N. Y. 11743 ENGINEER's Project Nb. You are directed to make the following changes in the Contract Documents. Human Resources Center: Install 1 2F40 fixture in office next to Lyme Description: Disease Outreach Clinic. Remove 1 1F40 fixture from office, and install in conference room. Police Station: Purchase 2 new 1F40 fixtures. Install in dispatch room, and install at Human Resources Center. Install three way switch in Purpose of Change Order: Identification Room. Change 9 Advance 2F40 ballasts on first floor of Police Station to Motorola to eliminate electrical interference problem; cut leads long for reuse; exchange with Motorola with manufacturer. Town Hall: Attachments: (List documents supporting change) Additional Single Face LED exit sign retrofit, $90.00, Double Face , $130.00 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $30720 days or date Pt)evious 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 $ $30,720 days or date Net Increase (decrease)of this Change Order Net Increase (decrease)of this Change Order $ $1,190 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $31,910 $ days or date RECOMMENDED: APPROVED: APPROVED: by by by Enpne r Owh r Contractor EJCDC No. 1910-8-B (1 83 Edition) Prepared by the Engineers Jo nt Contract Documents Committee and endorsed by The Associated General Contractors of Amenca. 0.e0�nte0 tns J FUS c cc, I � I FiR LIF A bri Fr fill LT f 1 I i t �'ekc<< I CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT: DATE OF ISSUANCE: Human Resource Center, HVAC January 13 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Kolb Mechanical Corp. io OWNER's Project No. 11500 Sound Avenue Mattituck, N. Y. 11952 ENGINEER: Da7iiel Karpen 3 Harbor Hill Drive- CONTRACTFOR: HVAC Huntington, N. Y. 11743 ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Install additional ductwork in east end of Human Resource Center to correct balancing problem. Supply Shop Drawings to Engineer for approval . Install additional Purpose of Change Order: vent in director' s office . Install carbon monoxide monitor in basement . Insulate all new ductwork with two inch thick duct insulation. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $16 ,950 days or date 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 $ $16 .950 days or date Net Increase (decrease) of this Change Order Net Increase(decrease)of this Change Order $ $800 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $17 , 750 $ days or date RECOMMENDED: APPROVED: APPROVED: 9 by G� by by tan 0— Contactor EJCDC No. 1910-8- (1983 dition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The.Associated General Contractors of America. CHANGE ORDER (Instructions on reverse side) 1 No. PROJECT: Town Hall , Lighting t DATE OF ISSUANCE: January 13 , 1995 OWNER: Town of Southold (Name, Address) CONTRACTOR: Avey Electric Inc . OWNER's Project No. P. 0. Box 1429 Daniel Karpen Patchogue, N. Y. 11772 ENGINEER: 3 Harbor Hill Drive_ CONTRACTFOR: Electrical/Lighting Huntington, N. Y. 11743 ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Remove 2 2F40 fixtures in storage room in basement on east side of building. Install 1 1F40 surface mounted fixture. Purpose of Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ $48 , 630 . 00 days or date 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 $ $48 , 630 . 00 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ $250 . 00 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 48,8g0 00 days or date RECOMMENDED: APPROVED: APPROVED: ,I 7 by / L --bY E on r by Owner / Contractor EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated Gencral Contractors of America. 4�" � ' rr rT �T rl 1 I > N ►1� U� F�L� 5 r� rTT� r-r THEITATE INSURANCE FUND • 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7276 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OFFICES OF TOWN OF SOUTHOLD POLICY NUMBER TOWN HALL ATTN JUDITH TERRY +1021 911-1 53-095 MAIN RD PO BOX 1179 DATE SOUTHOLD NY 11971 12/29/94 CERTIFICATE NUMBER 524-507 ............. �FIC,A hE::::.:.:,:::.:.:.: :: ............ POLICYHOLDER CERTIFICATE 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 ru 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 STATE INSURANCE FUND DIRECTOR, INSURANCE FUND UNDERWRITING 509 OTS THE STATE iNSUiiANCE FUND UNDERWRITING DEPARTMENT 199 CHURCH STREET FIRST CLASS NEW YORK, N.Y. 10007 U.S. POSTAGE PAID FORWARDING AND NEW YORK N.Y. :DDRESS CORRECTION REQUESTED PERMIT NO. 926 OFFICES OF TOWN OF SOUTHOLD TOWN HALL ATTN JUDITH TERRY 53-095 MAIN RD PO BOAC 1179 SOUTHOLD NY 11971 gpnfc To Opohis Side- Slide Finger Under This Edge AVEY ELECTRIC INC. December 26, 1994 RECEIVED DEC 2 8 19% Miss Judith Terry Town of Southold liftm Clerk &add 53095 Main Road Southold, NY 1197:1 Dear Judith: Enclosed please find an AIA "Application and Certificate for payment" for the work completed to date. You should have received an Avey invoice recently for the same amount, please disregard that invoice and work form the official AIA paperwork. An original has been sent to the architect for certification and will be forwarded to you upon completion of this approval. Your cooperation in expediting this process is appreciated. Happy New Year! Sincerely, A 'LECT C aul J. Av oso Pres. PJA/mt 203 BAY AVENUE PATCHOGUE, NY 11772 758-AVEY-2839 RIDER NO. 6(1 of 2) APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 (Instructions on reverse side) PACE ONEof 2 P : TO (OWNER): At is Town of Southold PROJECT:Police--Stat/Human Res. Cnt. APPLICATION'NO: 1 Distribution to: 53095 Main Road 4' 11 OWNER Southold, NY _ PERIOD TO:�'�12/6/94 0ARCHITECT FROM (CONTRACTOR): Avey Electric VIA (ARCHITECTF Daniel Karpen ARCHITECT'S 000NTRACTOR Box 1429 O Patchogue, NY 11772 PROJECT NO: p CONTRACT FOR: Electrical CONTRACT-DME: .g/2 9/9 4 CONTRACTOR'S APPLICATION FOR PAYMENT Application Is made for Payment,as shown below,In connection with the Contract. Continuation Sheet,AIA Document G703,is attached. - CHANGE ORDER SUMMARY 11.ORIGINAL CONTRACT SUM....................... S J n 7 2n-on Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders .......... ........ S 0 previous months by Owner ••• • 3.CONTRACT SUM TO DATE(Line 1 t 2).........'..... S n 7 n n n TOTAL 4.TOTAL COMPLETED&STORED TO DATE............ S 28 420- on Approved this Month (Column G on G703) Number - Date Approved S. RETAINAGE: a• %of Completed Work S 0 (Column D+E on G703) r • • b• %of Stored Material S (Column F on G703) ` • Total Retainage(Line Sa+Sb or TOTALS Total in Column I of G703) .:..... ..... ... $ 0 Net than e b Chan a Orders 6.TOTAL EARNED LESS RETAINAC•a ......"............. S- 28420.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) Information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed In accordance with the Contract Documents,that all amounts have been PAYMENT(Line 6 from prior Certificate)......... S 0 paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE...................... Issued aid payments received from the Owner,and that current payment shown .... S -- 28420 00 herein is now due. 9. BALANCE TO FINISH,PLUS RETAINAGE............. S 2300.00 (Line 3 less- Line 61) CONTRACTO Avey EAletZri Inc. Stale oh County of: ,�c <��/� • Subscribed and p �mehl� I � (� day of 'b e-c19`1By' ate: 12/2 6/94 Notary { p tatMy COMITI 5 fol ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED................................. $ In accordance with the Contract Documents,based on on-sale observations and the (Attach explanation if amount certified differs from the amount applied for.) data comprising the above applicatiop,1bg Archilect certifies to the Owner that to the ARCHITECT: best of the Architect's knowledge,information and belief the Work has progressed as indicated,the quality of the Work is In accordance with the Contract Documents,and By' Date: the Contractor Is entitled to payment of the AMOUNT CERTIFIED. This Certificate is not negotiable. The AMOUNT CERTIFIED ispayable only to the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702•APPLICATION AND CERTIFICATE FOR PAYMENT•MAY VIS I EDITION•AIA*•e f'181 THE AMERICAN INS111UTE OF ARCHITECTS. 1715 NEW YORK AVINUI. N.W.WA5IIINGION, D.C. 21N11N, WARNING-Unllceneed!)haMennvtna vintatee 11 S f nnv.�nh� .„ , w r, ., __.,_•- G702.1983 CONTINUATION SHEET AIA DOCUMENT C703 PACE 2 OF 2 PACES AIA Document C702,APPLICATION AND CERTIFICATE FOR PAYMENT,containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 12/23/94 In tabulations below,amounts are stated to the nearest dollar. PERIOD FROM: 10/26/94 Use Column I on Contracts where variable retainage for line items may apply. TO: 12/6/94 ARCHITECT'S PROJECT NO: A e C D E F C H 1 ITEMDESCRIPTION Of YORK SCHEDULED WORK COMPLETED TOTAL COMPLETED BALANCE RETAtNACE No. VALUE This Application AND STORED X Previous TO DATE (G+CI TO FINISH Applications Work In Place Stored Materials 10I Etfl - IC—C) (not In 0 or E) Police Station 1 New Exit Sign 325 .00 325.00 325.00 100 0 2 Exit Signs 370.00 370.00 370.00 100 0 3 Electrlcal Lighting 12760 .00 1 12760.00 12760.00 100 0 Human Resource Cent . 4 Exit Signs 595 .00 595 .00 595 .00 100 0 5 Electrical Lighting 14370 .00 4370.00 14370 .00 100 0 ' Town Hall 6 Water Heater 1360.00 ; 0 1360 .00 7 Exit Sign Retro 940 .00 0 940 .00 30,720. 0 28 ,420. 0 •28 ,420. 2300 .00 AIA DOCUMENT 0703 CONTINUATION SHEET • APRIL 197E EDITION • AIA9 • 02 1978 THE AMERICAN INSTITUTE Of ARCHITECTS,173S NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 6703_1978 l AVEYELECTRIC DATE: 12/23/94 INVOICE#811 PRIDE IN WORKMANSHIP P.O.BOX 1429 PATCHOGUE,NY 11772 INVOICE TO: Town Clerk JOB USTOME Town of Southold 53095 Main Road P O Box 1179 Southold, NY 11971 ATT: Judith Ter WORK PERF RMED DATE PERFOf1Efj Based on contract dated 8/29/94, we request payment for the following: 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 TOTAL SALES TAX $28,420.00 TOTAL $28,420.00 BALANCE DUE 28420.00 Ilk RIDER NO. 6 (1 of 2) APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 (instructions on reverse side) PAGE ONE or 2 PActs TO (OWNER): Town of Southold PROJECT:Police -Stat/Human Res . Cnt . APPLICATION•NO: 1 Distribution to: 53095 Main Road `'% ❑OWNER Southold, NY PERIOD TO: '12/6/94 ❑ARCHITECT O CONTRACTOR FROM (CONTRACTOR): Avey Electric VIA (ARCHITECTr Daniel Karpen ARCHITECT'S p Box 1429 PROJECT NO: Q Patchogue, NY 11772 CONTRACT FOR: Electrical CONTRACT-DAtE: . 9/29/94 CONTRACTOR'S APPLICATION FOR PAYMENT Continuatiolication n Sheet,AIA Dmade for ocument G703,1is attached. connection with the Contract. IC HANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM....................... S ':n72n . 00 ange Orders approved in ADDITIONS DEDUCTIONS 2• Net change by Change Orders ...................... S 0 evious months by Owner 3. CONTRACT SUM TO DATE (Line 1±2)............... S �n 7 2 n _ n n TOTAL 4.TOTAL COMPLETED&STORED TO DATE.....•....... S - 28420 - 00 Approved this Month (Column G on G703) Number Date Approved S. RETAINAGEt • a. %of Completed Work S 0 (Column D+E on G703) b._%of Stored Material $ (Column F on G703) Total Retainage(Line Sa+Sb or 0 TOTALS Total in Column 1 of G703) .:................... $ Net change by Change Orders 6.TOTAL EARNED LESS RETAINAG i ......'............. S 28420'.00 •The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line S Total) Information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed in accordance with the Contract Documents,that all amounts have been PAYMENT(Line 6 from prior Certificate)......... S 0 paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE .......................... S 28420.00 issued aid payments received from the Owner,and that current payment shown herein is now due. 9. BALANCE TO FINISH,PLUS RETAINAGE............. S 2300 .00 (line 3 less Line 6) CONTRACTOR: Ave y E Inc.' State of: 4)e4L;) 01—/<— County of: sic ' a/l Subscribed and r to bef r me this . day of ZU.C=, ,19 94/ f Notary Public: j9 By: Date: 12/26/94 My COtNi R &Pte-of Now York ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUhrnQ�uMEOugat �.i..i� s'.................. S z$ :42 o, 00 (Attach explanation if amount certified differs from the amount applied for.) In accordance with the Contract Documents,based on on-site observations and the ARCHITE data comprising the above applicatioq,toe Architect certifies to the Owner that to the best of the Architect's knowledge,information and belief the Work has progressed as -gy; Date:, / Z1211�� indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is t ne the Contractor is entitled to payment og able. The AMOUNT CERTIFIED is payable only to the the AMOUNT CERTIFIED. Contractor named erein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. s 4:ONTINUATION SHEET AIA DOCUMENT 6703 PAGE 2 OF 2 PAGES AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT,containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 12/23/94 In tabulations below,amounts are stated to the nearest dollar. PERIOD FROM: 10/26/94 Use Column 1 on Contracts where variable retainage for line items may apply. TO: 12/6/94 ARCHITECT'S PROJECT NO: A 8 C D E F G H 1 WORK COMPLETED TOTAL COMPLETED BALANCE TEM DESCRIPTION OF WORK SCHEDULED This Application ANO STORED '�'• TO FIN SH RETAINAGE o, VALUE , Previous TO DATE IG+C► Applications Work In Place (not StoredIn D or Material (D+E+r) IC—GI ( Police Station 1 New Exit Sign 325 .00 325 .00 325 .00 100 0 2 Exit Signs 370 . 00 370 . 00 370 .00 100 0 3 Electrical Lighting 12760 .00 2760 .00 12760 .00 100 0 Human Resource Cent . 4 Exit Signs 595 .00 595 .00 595 .00 100 0 5 Electrical Lighting 14370 , 00 4370 .00 14370 .00 100 0 Town Hall 6 Water Heater 1360 .00 ; 0 1360 . 00 7 Exit Sign Retro 940 .00 0 940 . 00 30,,720 . 0 28 ,420 . 0 28 , 420 . 2300 . 00 ... .... ....� .-,w, . r•n.l� .n •Tnr.l eueer . aeon 1n?Q FnITI(1M • AIA• • R1 10711 Tel.(516)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA CORPORATION PLAINVIEW,NEW YORK 11803 Equipment for Technical and Vocational Education RECEIVED NOV 16 ,° Southold Town Clerk November 14 , 1994 Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Attn: Town Clerk and/or Building Supervisor Subject : Ceiing Restoration at Southold Town Hall Dear Sir or Madam We have a small contract to spray and repair the ceilings at your facility , On a recent visit I noticed that the lighting has not yet been replaced . If vire were to spray your ceilings now there would be bare spots after new lighting has been installed . We have therefore not started our work. We are anxious to get this job done and would appreciate your instructions whether to proceed now or wait . Yours sincerely, Edgar Bendor BROPAPTON SERVICE Corporation gh ENGINEERING EDUCATION INDUSTRIAL ARTS VOCATIONAL EDUCATION Fold at line over top of envelope to th��., Brompton service 11 Sheer Plaza 'THS Plainview, New York 11803 !' Z 009 386 750 :CNRFC ` $2,3b Town Clerk and/or Building Supervisor Tonin of Sou tho I d Town Ha I 53095 MaLw IZ'ca.cL./ Southold, NY 11871 t i i i45ii4ii14 ? 3iifi!4$ti4 �it�ll • V V -. 83 PROSPECT STREET JOSEPH D. STIM TELEPHONE 516 673-6200 PAULA J. WARMUTH FAX 516 673-3533 October 5 , 1994 Laury L. Dowd, Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: BID FOR ENERGY SAVING WORK TOWN OF SOUTHOLD Dear Ms . Dowd: I am the attorney for Brompton Service Corporation and they have requested that I respond to your letter of September 27 , 1994 . Brompton Service Corporation was at all times ready, willing and able to complete the contract for Energy Saving Work at the Town of Southold. The bid - proposals provided for subcontracting. My client intended to subcontract only the electrical installation work and not the rest of the contract. Our subcontractor would have been a licensed electrician. There was no reasonable objection to this procedure. Brompton Service Corporation would furnish all materials and do other nonelectrical work called for in the contract and subcontract work required to be performed by an electrician to a licensed electrician. For reasons unknown to Brompton, the Town would not permit this . My client suggested voluntarily, to avoid conflict, that the Town could relet the contract to a licensed electrician. In my own experience I have dealt with many contracts where electrical equipment manufacturers are the lowest bidders on contracts, such as this, where the furnishing of electrical equipment is the main constituent of a construction contract and where the -e 83 PROSPECT STREET JOSEPH D. STIM TELEPHONE 516 673-6200 PAULA J. WARMUTH FAX 516 673-3533 October 5, 1994 Laury L. Dowd, Town Attorney Page 2 manufacturer , such as General Electric or Westinghouse, then subcontracts installation work to a licensed electrician. I cannot understand why the Town of Southold has refused to do that here . In any event, the bid bond covered a number of contracts, one of which was let and the bid bond released. The release of the bid bond confirms that the Town has no claim. I appreciate your concern for my client' s reputation with its bonding company. we have fully explained these facts to our bonding company and it is in full agreement that the Town has no basis for any claim against the bid bond. The Town' s claim is respectfully and unequivocally rejected. Yours Ve truly, 1 JOSE STIM/ds cc: Brompton Service Corporation cc: Thompson Agency brom-08/43708 s �► o��g�FFO(�-cOG JUDITH T.TERRYTOWN o=ff y1 Town Hall,53095 Main Road CLERK y Z P.O.Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER Fax(516)765-1823 RECORDS MANAGEMENT OFFICER .� `1►� Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 45, 1994 Edgar Bendor, President Brompton Service Corporation 11 Sheer Plaza Plainview, New York 11803 Dear Mr. Bendor: I just discovered in reviewing my file that I erroneously returned your $3,000 Bid Bond. Please be kind enough to return the bond to me as soon as possible in the enclosed self-addressed, stamped envelope. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk TO: FILE FROM: LAURY RE: BROMPTON CONTRACT DATE: SEPTEMBER 14, 1994 Today I spoke to Mr. Bendor at Brompton. I asked him if he'd done any further investigation into whether he was precluded by the county from proceeding with the job. He told me that while he wasn't prepared to challenge Suffolk County on the issue, he thought they were wrong. Nevertheless, he specifically told me that it was OK to give the job to another bidder. I said that I would try to get the statement from Landermann in writing. I also asked Mr. Bendor how he wanted to handle the bonding issue. He said that it was his position that his company was willing and able to do the job, and that it was Southold's choice to award the job to somebody else, so that he was not liable on the bid bond. I told him that Landermann had promised to close the job down if we awarded it to Brompton, and Bendor asked for some confirmation in writing. He said that if he could be given confirmation that his company was not entitled to subcontract the job and was therefore not entitled to bid, he would pay the $3,000 personally and we would cancel our request to the bid company. I said I would try to get him the information. In the meantime, we will pursue our remedies with the bid company. • i i FO(�-�oG JUDITH T.TERRY o� y< Town Hall,53095 Main Road TOWN CLERK H P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(516)765-1823 MARRIAGE OFFICER yifJ aQ� RECORDS MANAGEMENT OFFICER �� `�► Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 12, 1994 Edgar Bendor, President Brompton Service Corporation 11 Sheer Plaza Plainview, New York 11803 Dear Mr. Bendor: am in receipt of the executed contract and Certificate of Insurance with regard to the acoustical tile restoration at Southold Town Hall, therefore, I am returning herewith your $3,000 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. NBE 019328 KNOW ALL MEN BY THESE PRESENTS, that we Brompton Service Corporation (Here insert full name and address or legal title of Contractor) 11 Sheer Plaza, Plainview, NY 11803 as Principal, hereinafter called the Principal, and National American Insurance Company 5550 W. Touhy Ave. , Skokie, IL 60077 (Here insert full name and address or legal title o Surety) a corporation duly organized under the laws of the State of Nebraska as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) PO Box 1170, Town Hall, Southold, NY 11571 as Obligee, hereinafter called the Obligee, in the sum of 5/ of the bid amount not to exceed Three Thousand and 00/100-------------------------------------------------------------- --------------------------------------------------------------------------------- ---------------------------- --------------Dollars ($--3,000.00---)r 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 Energy conservation and related work at (Here insert full name, address and description of project) Southold Town Hall, Southold Police Station, Human Resource 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 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 6th day. of July ,�94 Brompton Service Corporation _ n cipaU ;Seal) (Witness) ��L Title National American Insurance Company (Surety! (Seal) (Witness) 2 Francesca PO ; attorney in fact C;.U*TION: You should ;ign an onyinol IA dccunl-:ml -�nich has this caution printed in red. An original assures that changes will not be obscured ds 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:Unllcensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. NATIONAL'AMERICAN INSURANCE C&ANY BOND OMAHA, NEBRASKA NUMBER NBE 019328 r f POWER OF ATTORNEY PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETY PAPER WITH BROWN INK. DUPLICATES SHALL Brompton Service Corporation HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN 11 Sheer Plaza ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Plainview, NY 11803 Insurance Company, a corporation duly organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma, pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: ..Resolved, that any officer of the Company shall have authority to make, EFFECTIVE DATE execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time. F--60,000.00 1994 Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute, acknowledge, deliver or other- CONTRACT AMOUNT wise issue a policy or policies of insurance on behalf of National American Insurance Company. ---- Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating BOND AMOUNT thereto by facsimile,and any such Power of Attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make, constitute and appoint Francesca Papa its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �0�Pa oaS"R,y NATIONAL AMERICAN INSURANCE COMPANY PGO ,t� = SEAL ; � a ~ti ONAH,, W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) +EBRRSR� COUNTY OF LINCOLN ) SS: On this 8th day of July,A.D. 1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. uN�A M1<< TAgy y PUBLIC iM SEOF RO FOR STAT!Of A Notary Public STATE OF OKLAHOMA ) SS "COt C") My Commission Expires August 30, 1995 COUNTY OF LINCOLN ) I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 6th day of July 1994 P\GpN INSUq' 4, „PORK o SEAL co `A. Winifred E. Mendenhall, Assistant Secretary owRhR �EeR.sR• State of ss. County of )1 c m i E v :On this day of , 19 before me 3 personally came Z c° to me known, and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires --------------------------- Nota Public ----------------------Notary — State of County of c E On this day of 19 ,before me ca personally came E m cto me known and known to me c j to be a member of the firm of Q described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------- State of ss. County of /' / On this C -' Z //�, day of 19�, before me personally came m C E 1 — va -o ,to me known, 0 m ao who being by me duly sworn,did depose and say that he is the p J Y Q the corporation described in an hich executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. FRANCES P°;f'A Notary Public, to t New York No.48425 My commission expires Cert.Filed in --—————————————— Nota Pu is ------------------ State of SS. County of �.�.1 On this �/ day f before me personally came tm v to me known, who,being by me duly sworn,did depose an that a m � 5 oi he is an attorney-in-fact of the corporation described in and which executed the (thin instrument;that he knows the corporate seal of said corporation;that the seal Q affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. TOBIN B. JACOBSON NOTARY PUBLIC, State of New York My commission expires No. 4970566 VuBlirlea-iln u o k Countq FORM Commission Expires August 13, 19,02 IC # 13 25M - t Fares 2 ANNUAL STATEMENT FOR THE YEAR 1992 OF THE Hational American Insurance Company ASS MI f11 - :Ill 0ccweer 7t.1N2 Cc~)1,1111 1. 1e••l INN 1 •I/a0111y ler taet KestM.4ts.Ml at 1.51 ................ ...................... i. 1,lest.: 1 1 ).) Caron stocks............................................................................................................. • ). fIKt/Ne laws w real esla/e............................................................................................................. .... • • 1. Best esute: ),cu,(x 4-1 keiertlK eccgld by it-CwM./(I-$%c re •wa0ra•cNl............................................................. ). .••1 • ........................ 1.2 OthK Kaperlles Ileac{ 0 wa.Ora+tstl .................................... • .................................................................................................... • 4.1 C&A P hesd W es•getlt .... ..................... ................ ............... r,2M,1(0 11,,211,0.1 t.2 tram-ten le.e.teest...............................................................................................I........... • . ................. t 1. OthK Ie.Mld assets.................................................. ..................................................... . • .................................................... • •. Apre•Ile.rile•IN for Wastes assets.................................................... N. Seesesalt,cath w N•Kle•4664h ILNes i to 11........................................................................................ 17.(17,72! 12,IM.511 1. Nett'6alescet r•eali•ds$Bross"" I,Ia.Ids ..................................................................................... 1.1 kesl«t W Need Mlescei le cant•f Collection 1.7 Ireslwt,Nodi MIWes W lettalleeett Oeetad seat deferred W am)et tee........................................................... 12,f11,M! 1,251,1(2 .............................. 1.7 Arced rtrowdiee 0realNt................................................. I,U7,1(t 2,177.SK N. X4.444f•.es Mit Oflld v1U relafKd ceePeles........................................ .................................................... b K tep1.)e(,•OS Il. Bill.eKti.a•le.tales fW•rwlesa........................................................................................................... 1 • Ii. 41•aerw«recoverables es lett W leer a6lefl•wt egesN Ml.wu • • U. federal latae taa oee•ra01e........................ ......................................................................................... 11. (Ieclreeic Mla yrectttMl••rlPwl.................................. ......................................................................... KS.•21 I,Itl.tti IS. ItlKest,tl•t•wt W w1 estate 1•ceet 64 w Nmld................................................................ I,N2,M2 I,Mt,l72 16. acelublt free West.taaKNKlee W affiliates ............................................................................................ IY,R/ 171,5(0 • • I7. (pillet w•tPflu 1•pNt W•tiKtall•at............................................................................... • • Il. Aa•estt ncel•tON f•Ittiq to eeNf•ee0•KI•esl W hN1U Plot....................... ...................................................... lltnS 1 .1N m. NKeN/e wlle•lat ftr tlMr ttw N•eKd attelt................. IM............................................................. .............. f. , t)26,110 it. WAS W."Be lhfeell 211 ......................................................... ....................................................... I2•,K(,N2 , OEIARS Or Wl(•111S f"GII(0 At LIK•FQK I•WIC ASSCIS 1 • oro7.............................................................................................................................................. ................................................. • • ....................................... 0 ....................................................... • • 0.11.S—KI of resew"vrlte•1•f for llae 1 fres e•erfbr PK............ .... . '--'-"""""""."'............................... • . 0111. 101011,(times 0101 U—OWS Ole.OMI Mae 2,(lee 411................................................................................... • • awls Or W IAC-14 AGMSAIN At LIK P f0.0110 TWX 1•eCUM ASSCIS us,1n l.lsr,llr 2001.O.O,cllele recaerlet eecel•e•le•see"by um tgalta l l0C-............................................................................ 1' 1002.M.cellaeeess rec•I.IOItt teord............................................................................................... 2),711, 21.•62 200].4esrtitd certificates of oestrlallee Iry Marvell afNClNlwa................................................ ............ S2),OOS • M.tesPlK NflvKe................ ......................................... • • ........................................................ 0 ..................................................................... 0 C 1 no.S.esar/d females"W114.166 forlMt 20 free eetrnor OW............ 2M1. 101115 IINes 2001 the•2005 N•t 20N1<•a1e 2,ll«217.................................................. Wb We 11•et ee Wt pe"t•Nree.Alh C-hl•ll 1.Cel.1. the mot.la Il.,.c l,l N.l r•e�11•.e as 1.to:•0t w•: .. .• . for. 2 ANNUAL STATEMENT FOR TIIE YEAR 1992 OF 1"IIE Nacional Ntlerican Insurance ConpanY LIABILITIES, SUILPLUS AND OTHER FUNDS <II QI o. W X.MI 0.1wefr It,fall 1. lw.ri lPM )w,(.a-S.list 121......................:......................................................... ]t,tns.a, u,ne,w 0 W 6el•Nrt•[.Ploss"r-bit w Pall Itri(Srlval.r.PM 1,4,tactics 2.Gloss 11................................................................... •!M f02 I,lil,441 e 0 I . lrit.y).tl•..l..pe•tri(I'.rt 7A,(et...t,Last 121........................................................... It,lOt.S{I 1. (Pll•ge.t[o+lttla•t a•4 ril.er tl•IIH CN"ri........................................................... . 11,S/S,III ........................................................... t. Oc1vr e.pPtri(tscodi. u.ri, 11<Pari Pt([fl1.........,(....I................ 11.)11 ............................................... 52.112 S. l..ft.alco at t•0 1tri(e•cldl•1 fdefal ab lorelel IKwe ta.ri1............................ 412,400 (. (doral ab(Tflp1 1.4P.ta•ri(tKldl•1 to/errd U•etl .... ................................................................. 0 0 ). 60rr0.0.t•Pf! ................................................................................................ ............ e ............................................. ........................ •,111,210 1. luerril, i•cldl•g 4 0 w larrowd scat!.................. 1„110,D6 1 11,126,114 ..................... 1, U.elr•d prf•1.•t(Part 2t,ll•e N,(olw 5,114(ter Oe0+ctly<e0d rd•Nrwcf.•rind pPlwt t " 10. Otrld-dl.tcl.r.d.•d--Mid: 0 t (.1 uocu,oldart................................................................................................ lel P itcyt4ldlrt ........................................................................................................... a".11( 1,421 11. f-4,hid 01 cop•,- 44.W.4.trritl................................................................................................. 0 1 for.r.[M(d.t Mt......... .................................. 11. r.o.•ts v1,t1ev10 r rrir•d h CPD."! . ....................................... Ik.banal.(K PN(Inr(ad r.l•N[wCa.....................................................................................1 ISa.f161 . f ",421 1111.hurl tlP for w.rde a.lhxltd rel-Wast.-Wast.WSO..O.te(,part 2/,SKtlw ...........................................2 ............................... 221,110 ".000 14. Prgltls for rfNNrYK.Il Net IIA'•1101.................................................................... IS. faeN of a4.t.4ory rri.nn MK mtwatlri.nri 6 ................................ e [ScNaO.le P I.ter*tg4laletl ......................................................................... 6 - ................................... t u. .a d1.aaPlt L.,a.,t w u.elduri of N(:dp1 t.0,~rriri...................................... e 6 It. Draft(wttt.•et• """"""".................................• I,SSt,400 It. P.1.01f to paras(.t.Etldlartri 4•0 a((lltttlt.................................................................................................. 6 .................................... 0 0 I1. Pgwle for,lwrillri................................................ . ................................. ....................... . 2,1%.ISO 20. ll.pllltl for Pa1•ls leld e.0ar wistord aecl0wt tW 6taIM V.$.................. ........ 1,K0,021 ............................................... 21,. pyegttf.rlta-l•f to,IIa0111tiri...................................................... !1,111,5(1 2t. total Itaellltiri 4.1.11 1 U~211.......................................................................... 0 0 . ................................ 23. agOrtgalf urlte-1•t(a'fpeclal grpiw lads......................................................... ......... 4,000,000 4.000.000 0 24A.Ctsrw capital 3lOCi................................................................. ................................ 246.Prf(Md capital flat................................................................................. ........................................ 0 0 24C.AgOraq/e.rile•Nt fir elhr lM4 fpKlfl foryl.t f..6t.................................... .................................................. �. .� 1),200,000 ......................................... 2Sa.Daft pia I.f•d coI.rl0o(d N.pl.,.....,............................................................ 4,/t2,K1 i56.Pualpld IosO1 Iwrtliffl...................................................................... ................................................ 5.Ws.sm 2SC.tris lre.fr1 ttock, 1t CO6t1 0 0 111 0 shares ttlrm lr.lee I..c1e0d M 11•t to t 0 1................................... • • 122 f floret Preto (aln tadvald 1.list 246 1 0 1........................................................ 2{. Srml.f is r.prdt p41c,Aotdw.,(ltori 21 tk%250,teff!SCI its"4,Lift 121 ............................................... N,t{S,S46 12. WS(Paid Z,t1.6 211........................................................ ............................................................. 120,G{, DETAILS M 10111.116 aWEWEO At L11E 21 fat11410111S 2101.Ommltt fro pollc¢.ol.krf f1CKt.q(dtWt pmtw p,.wlf t~Witatlmi......... ...................................................... 1,%0.021 2.1%.ISO o • 2102. ......................... 0 2101. ........................................................................................................... 0 2104. ..................................... 0 ............................................................................................................. • Mi. ........................................... 0 2116.S...ary of rostow.1 Witt•ist(ar 1i.4 2t i.v ortr(lm vote.................................................................................. I1". 101ALS(lisri 3411 ChM LCOS piss tlril 04"J.List 211................................................................. 1,%0,021 2.1%.ISO DETAILS of 1011(-116 1 CKGAICO At LIK 21(OE SPECIAL SUI•lOS ARM D • IDI. .......................................................................................................................... 0 2D2................... ....................................................................................... MI. ................................................................................................................................................ 0 ........................... ....................................................... 2DS. ................. ................................................................. e Swary N rP.l.ls1-lle•ist for llse 23 from per(lor pge.................................................................................. 0 2)". IOALS Ill-e.ZDt t"2105 PHt 21101 OW J.list 211................................................................................... 0 0(I.ItS of tallit.lai a7JEl:(IEO Al 1,11E 24C((M 011E6 I1uP SMIK 9PPILM fIPOS I " 24cola ..................................... 0 e .......................................................................................................... I.Cot. ............... ....................................................................................... 0 0 0 0 p o 14M.S•••.r2 of rwafal.l witt•t.t for(lot 24(froo OM11-Page .................... e ................... .................................•...•... 24(M. IotKS(I sea 24COI IM.NCOS Pisa 240111(Ps"1,List 240.............................................................................. 0 0 K 1 r: YY / y. ANNUAL STATEMENT h OF THE ei NATIONAL AMERICAN 4. INSURANCE COMPANY of OMAHA Y Ir� t•. in the STATE OF NEBRASKA �• TO THE Insurance Department OF THE s.. STATE OF a: �. FOR THE YEAR ENDED DECEMBER 31. 1992 L o:. FIRE AND CASUALLY r. 1992 . oaadt tsuu a wa FIRE nun CASUALly COfiPANIEt. ASSOCIAtION (01110N • for. 2 1��1191�11111911111gllgilql��qllll�alqqll�lli09 ••tel I• t►<ease M re<1 or•cal e�<ha•9ea loot.Sher(ryes.! 1•a.rera.a/•e a0e<lal ter.t••I.ey, le y1l a<.ar.: ••■■1 Sl((a lffe•(ea.�lp the ar1.tN la•I 4.4♦f are.tea 1. thl1 ale.t, If NI aoer.orl a/fly Shooed, Shell 1e coa.l-ed bit a aKi,Jlt�lll7f 000Q 1a`�......:..it t•."1,to S.<a. I....«s 1. reaoact l•e•rreS0"'14;data aN 1•fN•etlM as the ca•tea( oar'te.tre. ANNUAL STATEMENT roe the Year Ended December 3t. 1992 Of 111( COIIOIIION AI10 AFFAIRS Of III( National Anlefican Insurance Company MAIC :roup Code O00 ..MAIC Company Code 23663 Employer's 10 Number 41.0247.100 Organized under the laws of (Ise State of Nebraska , using as lite Por( of Entry. made to the INSURANCE OEPARIMENT Of III( SIA1( Of PURSUANT 10 THE TAUS 111EREOr Incorporated April 11. 1919 Commenced Business October 23. 1919 SLalt�tOry 11990 west Dodge (toad. Suite 206. Omaha. Nebraska 68114 Ilwnc 00 f(flce - --- H4 in IOOM HAnvel Avenue Adminislr�}Icc Chanfler. Oklahoma 74034 405.250.0004 f flail Address 1000 Hanvel Avenue. Chandler. Oklahoma 74034 Primary Location 1000 Hanvel Avenue of Il ks and _ Ilccords Chardler. Oklahoma 74834 4OS-250.01104 AnnualStatement405 150 4220 Contact Iersnn and Mari. laylor Paden Phone Iltlmtier --- OFF ICLRS Cllalrman and Chief Executive Officer William Brent LaGere President Benjamin Thacker Malkingstick Vice President, CFO, Treasurer Mark Taylor Paden Secretary David Glenn McLane Assistant Treasurer/Assistant Secretary Winifred Ethel Mendenhall Assistant Secretary Robert Patrick Gilmore VICE PRESIDENTS Executive Vice President Brenda Bennett Pair Senior Vice President James Leigh Matson Richard Lee Evans Larry Bruce McMlllon James Edward Crysel Duane Laverne Little 7. DIRECTORS OR TRus,rEES Milllam Brent LaGere Robert Allen Anderson Michael Joseph Ougan James Martyn Jacoby William Timothy Runyan Benjamin Thacker Malkingstick If Mark Taylor Paden state of MACY. (o•wy 0( U.cola...I. . .........•. .......... SS a.ajm1a lowtlr lultlytllck w.lf,.d Et-el Ih d.wtl lira Saylor room ........................................ ....... ......................................................... ........................................ .. .. ...._ fvefldtt astlllrt Sm,awy Ireas.rer• M tae all taal americoa I.Nraate G•P••y hely drly awn,tack chose ad says that they are the ahare described officers of the Said 1•wnr, od halt a the thirty first stay of IM<oaW Int,all of the herel•deserihcd resets We lht aht"e P— I of the fall Iewr/r,free sad clear fra My flees or clal•t tleraaa,a sept at hercla Haled, aW that this a•a■al slattaara.l,1."W smith related tadbits,schcastl•s ad e.olwllo.s thereto coataloed,saaead or referral to an a hit ad ane slate at M d all the assets a wahllltles mal of the t-d(lloa ad Ofaln of the slid fault,as of the lhlrt-flnt ally of OcceMer last.,ad a(Its IKae ad dafactlaf there(ra for Ito year eded a ihal dale,aaal '•1e hot h the II-I(a1a•al st.laal Inlrvcllat ataa.a/ly arK(Icet Procaid n•wall except to the ealal that:111slale la.*Ay differ:er,ltl nyt ane Or re9.1 h dlt(erace t•retortl•a sot related la artly tl ed• ,Kctrdly to lM heti d(hair la(ti•atla,Mwlodao ad Delle(,resottlleety. Tl��tt hn l Q asitia•(Secretary easart'r••. hal It this M or191aa1 1111.9! Sahacrlyd•d fa.aa to Oelxe•e lhlS OFFICIAL SEAL LORRAINE S.LOY /61 If«:is ,stall the aae--1. r 2�x(f la'•41'ebruary, I Notary Public OklahafW l(1 fault filedr._t-.rrt.r..:.ta:...r✓.. �`'.•..yr, uncolnCounly 1 •! , (111/a..twv-u/t-.p'a........ ty Conaakslen C.Piec 9.22.94 08/29/94 CERTIFICATE OF INSURANCE INFORMATION ONLY ANT70TYnT THIS 7Hicksville, rd Coverage Corp. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - - - - - ----- st Barclay Street - - - - - - -------------------- - -- - -- - NY COMPANIES AFFORDING COVERAGE 7 PHONE516-93 -6200 --------------------------------------------- ----------------------------------------------------- - -- 5 16--- 37---------- --- --- ----------- ---- ---- --- ----- --- ---- ----- I INSURED COMPANY LETTER A CNA INSURANCE COMPANIES - ------ ------ -- ----------- - ------ - - COKPANY LETTER B STATE INSURANCE FUND AVEY ELECTRIC INC. COMPANY LETTER C P.O. BOX 1429 ---------------------------------------------------------- PATCHOGUE, NYCOMPANY LETTER D 11772 ------------- --------------------------------------------------------- - - - I COMPANY LETTER E > COVERAGES <______________________________ THIS IS TO CERTIFY THAT POLICIES THSTANDINGFANYSREANCE UIRENENTEDTERMOORHAVE CONDITIONIOFUED ANYTO THE CONTRACTSOREOTHEREDOCUMENTFWITHHRESPECTYTO PERIOD INDICATED. NOTWITHSTANDING Q WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERKS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICfES. LIMITS SHOWN KAY HAVE BEEN REDUCED BY PAID CLAIMS_ ___i CO TYPE OF INSURANCE POLICY NUKBER I POLICY EFF ` POLICY EXP ALL LIMITS IN THOUSANDS LTR DATE DATE --------------------------- -------------- - --- - ----------------------- - GENERAL AGGREGATE 2000 GENERAL LIABILITY --------------------- ------- A COKKERCIAL GEN LIABILITY A129132356 3/14/94 3/14/95 PRODS_COKPIOPS AGG_ - 1000 [�] ( J ( J CLAIMS MADE �] OCC. � PERS. & ADVG. INJURY 1 000 I EACH OCCURRENCE 1000 [ ] OWNER'S & CONTRACTORS I ----------I PROTECTIVE ( FIRE DAMAGE (ANY ONE FIRE) ----50-- MEDICAL EXPENSE [ ] (ANY ONE PERSON) 5 I ---------------- ---------- ----- ------ --------------------- ---- ---------- -------------- 1 000 I - - CSL --- ----------------------- - - AUTOMOBILE LIAB - -----------� A ANY AUTO A129132373 3/14/94 3/14/95 (pBRLpBRSON}Y % ALL OWNED AUTOS -' ----' - - SCHEDULED AUTOS I BODILY INJURY HIRED AUTOS (PER ACCIDENT) NOR-OWNED AUTOS ----------- ----------- GARAGE LIABILITY PROPERTY --- ------ ------------------------- -- - ------- -------------- ------------------------------- - EACH OCC AGGREGATE ; EXCESS LIABILITY TO BE ASSIGNED 8/10/94 3/14/95 A I UMBRELLA FORM 2000 2000 iX] OTHER THAN UKBRELLA FORK _____________ ______ ____ _ _ - ----- --------------FORK -------------- -------------- - STATUTORY _ _ B WORKERS' COMP 8225088 4/17/94 4/17/95 10001000 EACH ACC DISEASE-POLICY LIMIT AND --------------------------- 1000 DISEASE-EACH EKPLOYEE!, EMPLOYERS' LIAB ---------- OTHER - --------------------------------------------------------------------------- ---------------- --- ----- ------ ---- -- ---------------------------------------------------- - ----- --- ---- --- ---- - -- -!, DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS I ELECTRICAL LIGHTING IMPROVEMENTS AT THE TOWN HALL. OFF211 > CERTIFICATE HOLDER <__= == `° °"_°°"> CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- OFFICE OF THE TOWN CLERK, TOWN' THE ISSUING COKPARY WILL ENDEAVOR TO NAIL 60 i DAYS TWRITTEN ION ENOTIO NOTICE TO THE CERTIFICATE HOLDER RAKED TO THE LEFT, BUT OF SOUTHOLD TOWN HALL 53095 MAIN kOAD, P.O. BOX 1179° ANYLKIND TUPON ITHE UCOMPANY, ITS A TSOOR REPRgLENTATOIVEOR LIABILITY OF SOUTHOLD, NY -- ---- - -- ------ 11971 AUTHORIZED REPRESENTATIVE ACORD 25-S 3/88 = h THE AMERICAN INSTITUTE OF ARCHITECTS Bond #000996 AIA [Document A311 Performance Bond KNOW AIA MEN BY THESE PRESENTS: that Avey Electric, Inc. (11ere insert full name and addrns of legal title of Contractor) P.O. Box 1429 Patchogue, NY 11772 as Principal, hereinafter called Contractor, and, Contractors Casualty & Surety Company tslere insert full name and address or legal title of Suretyl 1911 Richmond Avenue Staten Island, NY 10314 as Surefy, hereinafter called Surety, are held and firmly bound unto Town of Southold Were insert full name and address of legal title of Owner) 53095 Main Rd. Southold, NY 11971 as Obligee, hereinafter called Owner, in the amount of Forty eight thousand six hundred thirty and no cents Dollars (S 48,630.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHMW, Contractor has by written agreement dated August 23, 19 94 entered into a contract with Owner for Mere insert lull name. address and desrriptrnn of prnler t) Electrical Lighting Improvements, Town Hall, Main Rd. , Southold, NY in accordance with Drawings and Specifications prepared by Daniel Karpen, Professional Engineer IHere insert full name and address or Ieltal title of Arrhiteril 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 VOCUMINT Alit RtsND A•yt tAflOR AND k1AtIR1Al I'AYtifNI FION-0 AIA @t tillRltARY 19 tl (h + tiff At11Plt Av ItitTl/l+if tsl ARI llifft IC 1-t; N i Atl h 1t tt ANH^a.ft>N, it t' ?fpMs1. ' WAR"00:Unlicensed photocopying viohttee U.S.eoWrtight tows and Is subject to leges w"ecutlrsn. OrORMANCE BOND n. NOW, T1ftRF►oRE. THE CoNnmrw o1 THIS 01111CATION i% %uch that, if f"ontrarfor 11311 p►omplly anti faithfully perform said Contract, then this obligation shall he null and void; othPrwi%P it 111311 remain in fufl force and pffect the Surety hereby waiver notice of any alteration or defaulfl tinder Il+e contract Or ronffM is of completion extension of time made by the Owner. arranged under this pAtJF1.1ph) cuffit fent hindh, to pay flip Whenever Contractor shall be, and declared by Owner co%1 of completion Irl-, the hal3nr a of the contract price; in be in default Under the Contract, the Owner having but not exceeding. inrludinp, other cos.lc and damage% performed Owner's obligations thereunder, the Surely for %%hrch file nicety may he liable heteunder, the amount may promptly remedy the default, or shall promptly set forth in the fnct paragraph hereof. the term "balance of the contract pri(e," a% used in this paragraph, 111311 1) Complete the Contract in accordance with its terms mean the total antcntnt payable by Owner In Contractor and conditions, or under the (nntrarf and anv amendments. thereto, les% 21 Obtain a bid or bids for completing the Contract in the amount p►nprrfy paid by Owner In Contractor. accordance with if1 terms and condition%, and upon dP• Any tui► ander this bonrl mutt he instituted before termination by Surety of the lowest rp%pon%ibfe bidder, flip expiralion of two M year", front the date on which or, If the Owner elects, upon determination by flip final payment under the Contract fall- due. Owner and the Surety jointly of the lowest r"pon%iblr No right of action shall arc rue on this hand to or for bidder, arrange for a contract between lurh bidder and clip use of any person or torporation other than the Owner, and make available as Work progrelles (even Owner named herein or the heir%, executor%, admink- though there should be a default or a lucre%cion of trafors or sucre%sort of the Owner. Signed and sealed this 30th day of August 19 94 Avey E ctric, Inc. —-�� - Irtle� Contractors Casualty & Surety Company 1 s.urr•11) 1%�.h f1ViMt' ) Jo a Gere% ttorney—In—Fact AIA 10CUINtNE A311 rtR ORMANCE BOND AND tAI(►R AND MATERIM eAYAtINI POND AtA A 1fNRUARY Om 11).•IM AMERICAN INSTITUTE Of ARCIMIC15, 1731 N.Y.AVE,N.W.,WASIIIN(:TON•t►. C 2001114 Z WARNINo:Unllcsnsed pholecopylnq vlo►etes U.s,eopy09M taws end Is st>aeef to legal pmeeetAlon. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF NCLO (j L COUNTY OF S 1 ss: On this day of 19 before me personally came Q 6.S0 to me known, who, being by me duly sworn did depose and say that he resides at 3 Zle2li 0�u-9 - that he is theVof �/' 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 sig ed his name thereto by like order. Notary Public RITA MENDRINA NOTARY PUBLIC, State of New York No. 4779200, Suffolk Coun Tenn Expires August 31, 19 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 r ao duly sworn, did depose and say that he is an attorney-in-fact of v � G 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.4643523 Qualified in Suffolk Co Cj My commission expires Commission Expires August tary Public Powier#41001-N! 00742 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000996 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-M CONTRACTORS CASUALTY AND SURETY COMPANY SJp,`T Y AHO vP PO1106 G� 0 SEAL m—+ Robert W. Adler, Sr.,President 1991 y(jqt 03 .�Nda Powers invalid f lost five n-tbers in upper kft corner an not in RFS. ill � 1 STATE OF NEW YORK ' ss. COUNTY OF RICHMOND On this 12th day of N m r , 19_22, before me appeared the above named officer of Contractors Casualty and SuretyCo pany, to me personally known to be the individual and officer described herein, and acknowledged that :he ex uted the foregoing instrument and affixed the seal of the corporation thereto by authority of his office. GERALDINE H.MULROONEY NOTAF1f PUBLIC.State of New York No.4 -49=7 Owdifie l in Filchmorxf 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 Powler 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 A hDorney 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 resect to any bond, undertaking, recognizance or other instrument of similar nature, with like effect as if such sigliature'I 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 _, 1994 (Seal) Cc'rS Y Aiy s 0:ALHelen H. Adler, Secretary 91 YOtiN 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 . . . . . . . . . . . . . . . . . . . . . . $1 ,887.254 State of New York ss: County of Richmond I , ROBERT W. ADLER, SR. . President of CONTRACTORS CASUALTY AND SURETY COMPANY, do hereby certify that the company is a corporation duly organized, existing and engaged in the business of surety by virtue of the laws of the State of New York. has duly complied with all the requirements of the laws of the State of New York applicable to the company and is duly qualified to act as surety under such laws, and that the foregoing is a full , true and correct copy of the Financial Statement of said Company as of December 31 , 1993. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this first (1st) day of April , 1994. Robert W. Adler, Sr. , President TME AMERICAN INSTITUTE OF ARCI II FUC-TS r , Bond #000996 AIA Vocument A711 Labor and Material Payment Bond THIS POND IS IStI)ffl CtMUlT4tJtoUrly WITII I'(RfnR\IAf:([ RONr) IN rAVgR OF ME (�N'NfR CONnIHONfn (tt! T1lr ►llll )kNn rAltllrllt r`fRf()RMANCF OF 11IF CONTRACT KNOW All MEN BY TIIFSE rRFSFNTS: that Avey Electric, Inc. Were inserl full name• and address n ICKA title of (7nntractn) P.O. Box 1429 Patchogue, NY 11772 as Principal, hereinafter called Principal, and, Contractors Casualty & Surety Company 114ere insert full name and address nr legal title or Surely) 1911 Richmond Avenue Staten Island, NY 10314 as Surety, hereinafter called Surety, are held and firmly bound Ilnto Town of Southold Were insert lull name and address nr legal bele of Owner) 53095 Main Rd. Southold, NY 11971 ac Obligee, hereinafter called ()\wner, for the use and hcnefit (if claimants as llvrrinhrinw drfined, in the amount of Forty eight thousand six hundred thirty and no cents Were invert a sum equal to at least nnehalf of the rnnteact pace) Dollars ($ 48,630.00 for the payment whereof rrincipal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, rrincipal has by wrilten agreement dated August 23, 94 19 entered into a contract with Owner for (Here inurf full name, address and description of prni"ll Electrical Lighting improvements, Town Hall, Main Rd. , Southold, NY in accordance with Drawings and Specifications prepared by Daniel Karpen, Professional Engineer rl-tere insert lull nam n address or legal title nr Architect) 3 Harbor Hiii `tDrive Huntington, NY 11743 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUM(NI A111 • f[Rr5R.11\!<(.f, Rptln At,O l.1POR AND nt�l[a1.V r\\r.tE d1 P0140 AIA-P ---- r[RRUARY 1970 TD • THE A1\1(RICAN INSTITtIrr OF AR(IIII[CTS. 171S N Y Ab► , N w,WASHINGTON. n C. 2nool; 3 WAMINM UnikentM phMoeopylnq vinleteis ld.R cnpyrlght lewa end h euhtect 10 10401101 pmeecutlon. LAK( A0 MATERIAL PAY&*NT 19ND NOW, /1411MORF, lltf rf)Ntsrlrt•N (►r nits r►R{tt;kTlf).4 is filch that, if Principal chill promptly make payment to all claimanic as hereinafter defined, for aft labor and rr►aierial u..rd or rea"r►nahly required for lost- in flip performance of the Confract, then this obligation %half he void; otherwise it shalt ormain in(toil intro and effect, %uhject,however,M the fol- lowing conditions: 1. A claimant 1% defined at one having, a ditet l r(in act unary the amount clain►ed and the name of the party tract with the Principal or with a Strhrontrarfor of file to whoa► file material% werr htrnished, or for whom Principal for labor, material, or bite►, it, (or rracnn.►bl)' the work of labor was dont, or performed Such notice required for ase In the performance of ttrp Contract, Ghali he -rr%rd by mailing ►he fame by registered mail labor and matetiaf bring conslturd In iorltrde that part of Of terlified mail, pottage prepaid, in an envelope ad- water, gas, power, light, brat, nil, pa%ntin, telrpl►nne drra%rtl to the Principal, (Uvner or Strrply, at any place service of rental of rrluipment directly applicable ht file aherp an office i% regularly maintained for the trans- Confract. action Of husinr%c, or served in any ►manner in which Iegal ponos% may he Ser,ed in the %fate in which the 2 the ahoy named Principal stiff Su►efti 1►errhy a►orrcaid project is located, gave that Stich service need jointly and severally agree with the Owner that e%rry not he made by a public officer. claimant as herein defined, who has not been pairs in hl /After file expiration of one (1) year following the full before the expiration of a period fit ninety (nit) date on which Principal ceased Work on said contract, days after the date on which the tact of cart{ Claimant c it being understood, hrnvrvpt, that i/ any limitation pm- w•ork or labor was done or perfntmed, or material, ►leve dTod{fid in this boort is never. rd furnished by such riaimant, may etre on this bond t.►r p by any law controllingg the use of such claimant, rovrrute the quit to final the concftut lit►rti hereof such limitation %hail he deemed p ivdgment for slosh to be amended So as to he equal to if*minimum period flim or eunrc a% may he ittctly due of limitation permitted by such law. claimant, and have expo{►tion thereon The ()%vnrr shalt not he liable for the paympnf of any cast% tit pxprnce% ci (other than in a State court of competent jurisdiction of any such suit. in and for flip county or other political subdivision of the stale in which the Project, or any part thereol, is 3 No Suit or action shall he commenced Nrreunder Situated, or in the United State% District ('ourt for the by any claimant: district in which flip Proiect, or any part thereof, is sit_ loafed. and not Phewhere. a) Unless claimant, other than one having a direct contract with Mur Principal, shall have given wtitle" 4. the amount of this hontd -bail he reduced by and notice to any two of flip lodf,win1 : flip Principal, the to the extent of any payment n: payments made in good Ow'n'", nr the StirMy above namett, within ninny fn"l faith d►errerndrr, Inclusive of the payment by 4tnMy cut days after %tech claimant did or prrionned it►r last of mechantrc' lien, which may he filed of rpcord against floe work or labor, or furnished ti►e fact tit the n►aterials said i►rrp(mpment, whether of rrt►t claim for the amount urn which said claim iS M. Stating wilt► Substantial of such lien be pre-entrd tinder and against this bond. Signed and Sealed this 30th (day of August 19 94 Ave lectric, Inc. (Print' t1 matt I1 Nft1 Contractors Casualty & Surety Company _�_.._. _ IS:ra•(yi ISealt Q reG (rrll,l Icy—IifFact AiA botbMtiati Alli f'fiti(WMANCI NOW) ANC) tAR()* ANC) A{AItittAt PAY41#N1 R()Nt) • AIA 0 itlittUARY 11!M #n •tit# AAttRttAN lNetlit!Ft(11 AW tuft( 1%, 1711 N Y Avt .N W.WAtftfNt;t(W,1) f Norm 4 iNAfal«t�I (fnAlernMrtd pltl►tttetttw►r►p vMiatr+tt U.lt,eg"o k ill Was Md k*44W to flgrtt ttro�etdtor► ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF J T , COUNTY OFS ss: _D On this day of 1 _, 19 before me personally came �/l r � (� to me known, who, being by me duly sworn did depose and say that he resides at that he is the of the corporation described in and which executed the foiregolhg 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 sig d his name thereto by like order. Notary Public RITA MENORINA NOTARY PUBLIC, State of New York No. 4779200, Suffolk Counly Tamm Expires August 31, 19 State of New York County of Suffolk ss: On this 30th day of August 19 94 , before me v personally came Joyce A. Gerech to me known, who, being by me a ao duly sworn, did depose and say that he is an attorney-in-fact of oContractors Casualty & Surety Company U, 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.443523 Qualified in Suffolk County V--\VID My commission expirepommission Expires August Notary Pu lic Power#41001-N? 00743 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000996 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_x. Y qH� CONTRACTORS CASUALTY AND SURETY COMPANY �JP�T �PVOPCAA�F Gym 0 SEAL —+ Robert W. Adler, Sr.,v ti 1991 S President a- Fw Y �Nda Powers invalid if last five numbers in upper k,/t corner are not in RM. STATE OF NEW Y43RK SS. COUNTY OF RICINOND On this 12th dad,►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 lie executed the foregoing instrument and affixed the seal of the corporation thereto by authority of his office. GEM4LAINE H.MULROONEY NOTARY PUBLIC,State of Now York No.4349SM7 Qualified in Fochnww county Notary Public Com "ton Expirds September 11,1993 CERTIFICATE I, the under,signed Secretary of CONTRACTORS CASUALTY AND SURETY COMPANY do hereby cer- tify that the original Powier 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 atto mey-in-fact as provided in Article XII, Sections 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 calloxi 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 WEREOFt 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. T (Seal) JPS Y AN vPVO�P'0��� CIO SE Helen H. Adler,Secretary cc 0 1991 rc�6�FW yo 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 Claimreserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . $1.8g�7,254 State of New York ss: County of Richmond I , ROBERT W. ADLER, SR. , President of CONTRACTORS CASUALTY AND SURETY COMPANY, do hereby certify that the company is a corporation duly organized, existing and engaged in the business of surety by virtue of the laws of the State of New York , has duly complied with all the requirements of the laws of the State of New York applicable to the company and is duly qualified to act as surety under such laws; and that the foregoing is a full , true and correct copy of the Financial Statement of said Company as of December 31 , 1993. IN WITNESS WHEREOF, I have signed this statement at Staten Island, New York, this first (1st) day of April . 1994. Robert W. Adler, Sr. , President Tel.(516)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA PLAINVIEW,NEW YORK 11803 CORPORATION Equipment for Technical and Vocational Education August 30 , 1994 Judith T. Terry, Town Clerk, TOWN of SOUTHOLD: REGIVED S1 1 t� �� t Enclosed : �outh�►� Tcw, Clerk Executed contract Insurance Certificate . . . . . . . . . . . . . . Edgar Bendor BROMPTON SERVICE Corporation CERTIFIED: Z 009 387 003 AUG-30-1954 10:08 FROM THE TREIBER GROUP TO 2455126 P.02 ism 0830 4 _ oueeR CERTIFICATE IS ISSUED AS A MATTE IN OF FORMATION ONLY AND CONKERS NO RICM UPON THE CERTIRCATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND 001 ALTER THE COVERACE AFFORDED BY THE )HIV TREIBER AGENCY INC POLICIES BELOW. . BOX 7975 COMPANIES AFFORDING COVERAGE ADEN CITY NX 11530-7975 COMRANY A PROVIDENCE WASHINGTON LETTER CMPANY HIED LETTER DMPTON SERVICE CORP. COMPANY C LETTER SHEER PLAZA OONIP" Y D LEER A,I NV I EW, NY 11803 COMPANY E LETTER i & �p Agpy p p p �p INcEKS IS TODCN0�7p1y TH3TANOIENO ANYI UIREN$M�T �} CO1��pyfpgBA� N p�p�RACgTOTp11 � UM NT Wf1 MIL$RCTTM�IF�Y N'fM113 pCCLUSIO S AND.NDtTtOOMr.F SLYtCH PO�iC�iE8.UMtTS 3H N iVIAY HAVE BEEN P.EDU�CED P(5ClDAH1Mffi NIS SUBJ G ALL B RM3, POLICYEFFECTIYE E miller LN TYPE OF INSURANCE POLIC'YNUMBER TE PAWDUrfr DATE (MMA)DFM LONTS CWHERAL UABIUTY CX0 4 8 5 5 310 2 D9/05/94 9/0 5/9 5AGORec�AAT>: 2 0 0 0 0 0 tr RCLAL WNERAL LIABILITY -OOMPMP AM ! 1 Q—00-, (AIMS MAGE ®OCCUR. PEMNAL a ADV.INJURY 1 000,0001 OWNER'S d CONTRACTOR'S PROT. �' �� ! 1 0 0 Q 0 V MAE DAMAN OM an * 5 0 4 Q-0( MEV-60.(Rehr ons pvw) a 5499c AU TOMOSWE LAABIUTv ComwmmswoLf ANY AUTO LIMIT ! ALL7WNEti AUTOS 9WILY INJURY SCHEDULED AVTDS {Perpsnorp HIRED AUTOS PCOLY INJURY MON-OWNEDAUTOS (P�r�oald�nt! GARAGE LIABILITY 14DAMAGE ExtEasLLAeIUTr CU481722 9/05/94 9/05/95 sAcH° ! uMBREUA FORM AGOMOAM ! 110 0 010 0. OTHER THAN UMBRELLA FORM WORKERV OOMMINISATIO N WC002138701 7/19/94 7/19/95 STATUTowum►Ts AM SAWACCIDENT X Q 0 GMPLOYERf LJMUTr 066AW LWMT 500" —0-0 OISEARE-E"EMPLOYEE ! lo-Q-4 opi OTHER SCAIPTION OF OPMTIOft&OQATll0MVVEMCLM9MlAL ITEMS - i r > SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO TOWN OF SOUTHOLD MAIL._DAYS WRITTEN NOTICE TO THE CIERTIFICATE HOLDER NAMED TO THE TOWN HALL LEFT.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 53095 MAIN STREET LIA8tLITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. TAM"SOUTHOLD NX 11971 AUTIIORraEo ReP H E A M E R I C A •1 N S T I T U T E F • A R C H 1 T E C T S iN I 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 23rd 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, N.Y. 11971 and the Contractor: Brompton Service Corporation (Name and address) 11 Sheer Plaza Plainview, N.Y. The Project is: Acoustical Tile Restoration (Name and location) Town Hall Main Road Southold, N.Y. 11971 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, N.Y. 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. � s 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 Southold Town Hall pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 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 dale of commencement, if it differs from the date of ibis 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 au),,for liquidated damages relating to failure to complete on tune.) 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 Three Thousand Nine Hundred -------------------------------------------1361lars ($ &900.00 ), subject to additions and deductions as provided in the Con- 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: (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 Acoustical Tile Restoration $ 3,900.00 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AlAe • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.2000(, 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 XXbrk 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: (/f 0 i.<Aneuded,prior to Substantial Completiau of The entire Work, to reduce or until the renNuage resulting froth the percewages inserted in Subpora- ,grupbs 5.6./and 5.6.2 abot-e, and this is not explained elsewhent in 11e Cautracl Uucuutenis, insert here/trorisions for sucG reduction or linlilation.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT- • TWELFTH EUITION • AIAl • ©19117 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,U.C.20006 A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which necessarily survive 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" • ©1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING-Unlicensed nfintoconvina violates U.S.convrioht 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 Documents 1, 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 June 14, 1994, 9.1.4 The Specifications are those contained in the Project Manual dated as in Sub (Either list the Specifications here or refer to an exhibit attached to this Agreement_) paragraph 9.1.3, and are as follows: Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA° O1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200(1( WARNING:Unlicensed photocopyingA1U1-19$7 6 violates U.S,copyright laws and is subject to legal 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eitber list the Drawings bene or refer to an exbibit attacbed to ibis 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-AIAm • ©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 wbicb 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 oJthe Contract Documents unless enumerated in this Agreement. They sbould be listed bene only if intended to be part of the Contract Documents.) Bid proposal dated July 6, 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 Edgar Bendor, President (Printed name and title) (Printed name and title) 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. y � cm LAURY L. DOWD O Town Hall, 53095 Main Road Town Attorney yif0� P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD PRIVILEGED AND CONFIDENTIAL TO: TOWN BOARD TOWN CLERK,-, FROM: TOWN ATTORNEY RE: ELECTRICAL WORK TOWN HALL BID BY BROMPTON SERVICE CORP. DATE: SEPTEMBER 7, 1994 Attached is a letter from Mr. Bendor, president of Brompton Service Corp. He is asking for more time to get a ruling as to whether he can enter the contract to do electrical work at Town Hall, and is complaining about the Town seeking to obtain the $3,000 bid bond. 1 spoke to Mr. Landermann at the Suffolk County Department of Citizens Affairs on September 1 . He was the person who had initially investigated the question of Brompton's having the appropriate electrical licenses to work in Suffolk County and had initially notified us that Brompton was not licensed and could not do the electrical work contract. He advised me again that Brompton absolutely could not do the work, and that his department would come out and issue a stop work order if Brompton attempted to do so. On this basis, I believe that it is inappropriate to hold off on a contract with Avey Electric while Brompton tries to find some way around Suffolk County's ruling. Brompton's real grievance, however, is our attempt to call his bond. I did notify the bonding company of the problem and requested the $3,000. 1 believe that Mr. Bendor would like to handle this informally, rather than through the bonding company. If the Board has no objection, I would be willing to write a letter to the bonding company revoking our call on the funds if Mr. Bendor agreed to pay us the money directly. Please advise me if you have problems with the Town proceeding in the manner 1 have outlined. Enclosure Tel.(516)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA CORPORATION PLAINVIEW,NEW YORK 11803 Equipment/ cl it n etlonal kducation zi 6 August 30h 1994 TOWN of SOUTHOI-D, Town ha I I , 53095 Main Road, SOUTHOLD, New York 11971 Attn : his . Laury L. Dowd - Town attorney Re : Our recent bid for Renovation Work : Dear Ms . Dowd , We have your letter of 08 , 24 . 1994 and a copy of your letter to National American Insurance Company sent the following day. You may also refer to our letter of 08 . 24 . 1994 to your his . .iudith Terry and of 08 . 29 . 1994 to National American Insurance Company. In regard to the matter of our bid of $44 ,. 000 for electrical lighting I should confirm what has happened so far : - We are not licensed electricians and have never claimed to be . We estimate that that part of the cost of the job in question which requires a license is about 20% by value . It was our intention to subcontract this to a licensed electrician. We were told, by phone only, that we are not allowed to do this . I informed you by phone and Ms . Terry by letter, of this conversation with the Suffolk County Licensing Office . I suggested that you may wish to engage the next lowest bidder . That is , we state that vie shall have no objections if we are not awarded a contract , We DID NOT state that we v:ould refuse to accept , if awarded. It is obvious that what is at issue here is whether we are, or are not , permitted to sub-contract work requiring a license . We have heard conflicting opinions on this issue . Until this question is settled, and until it is clear what our responsibility for this situation is , there can be no questions of default on our part . I should add that 1 would find a ruling that we are not permitted to sub-contract rather startling, since this is done all the time . I must say that I find your comment that we ' failed to complete the contract '' a little disingenuous . This is a common formula used when contractors are accused of breach. In this case there was no contract and no refusal on our part to enter into contract . Finally, your haste to make your claim with our Surety is certain to place us in an embarrassing position. It is difficult for small businesses to get bonding, as I am sure you know, and without it one is effectively put out of business . OVER ENGINEERING EDUCATION INDUSTRIAL ARTS VOCATIONAL EDUCATION PACE 2 Brompton Service Corporation : continued. We have been in business twentytvio years , have done over a hundred contracts and have never defaulted. This record is now likely to be stained. If you believe that ere should pay you $3000 you could have demanded it from us . If we have indeed made a mistake and you are forced to accept added cost ere should have paid you . As regards the uvvork of acoustical the restoration vie sent you yesterday an executed contract with the insurance certificate . There are two other items we bid on. I see no mention in your documents of withdrawal of bids if not awarded within a certain time eriod. Please consider- these two further offers valid up to th end of such a time period and cancelled thereafter. Yours sincerely, Edgar Bendor BROMPTON SERVICE Corporation EB: eb T` H E A M E R I C AI N S T I T U T E F A R C H I T E C T S to 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 23rd 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, N.Y. 11971 and the Contractor: Avey Electric, INC. (Name and address) P.O. box 1429 Patchogue, N.Y. 11772 The Project is: Electrical Lighting Improvements (Name and location) Town Hall Main Road Southold, N.Y . 11971 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, N.Y. 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 A101-1987 1 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 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 Lighting installation at Southold Town Hall pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 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 elserobere 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 Forty-eight thousand Six hundred thirty Dollars ($ 48,630.00 ), 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./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 Electrical Lighting $48,630.00 AIA DOCUMENT 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 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 ( cent %).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 ( %)s 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: (/j it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting jrom lbe percentages inserted in Subpara- graphs 5.6./and 5-6.1 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 A101-1987 4 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 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 anv.) (Usury lacus and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Ouater's and Contractor's principal places of business,the location of the Project and elseu here 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• AIAm • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocoovina violates U.S.coavriaht 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 June 14, 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 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 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 • AIAm • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 AIO1-1987 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 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 bud are not part of the Contract Documents unless enumerated in this Agreement. 7bey should be listed here only if intended to be part of the Contract Documents.) Bid proposal dated July 5, 1994. This Agreement is entered into as of the day and year fust 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 jwne ;in.alu9,e) OR / .Df�iYT (Signature) Thomas H. Wickham, Supervisor Paul J . Avenoso, President (Printed name and title) (Printed name and title) 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. 4 • • _ �_ Tel.(516)249-3933 Fax.(516)249-5126 brompton service 11 SHEER PLAZA CORPORATIONPLAINVIEW,NEW YORK 11803 Equipment for Technical and Vocational Education August 24th 1994 Office of the Town Clerk, RF(-> ivm TOWN of SOUTHOLD, 53095 Main Road, P.O. Box 1179 , SOUTHOLD, New York 11971 So,fthnI,- rl-,4 Attn : his . Judith T. Terry - Town Clerk : Re : Recent bid for Energy Conservation, Town Hall , Police Station and Human Resources Center : Dear Ms . Terry, I refer to your letters of August 15th and August 17th regarding award to us of contracts for acoustical the restoration and electrical lighting. You may also note that I discussed this matter with Ms . Laurie Dowd, your attorney. When submittina our bid it was our intention, if successful , to act as general contractors , subcontracting electrical work and doing other work with our own employees . We received a phone call from a Mr . John Lademann, of the Suffolk County Electrical Licensing Office . He told us that the electrical work must be treated as a separate contract and that we would not be allowed to do it , since we are not licensed. In order to avaid difficulties , I suggest you award the electrical work to the next lowest bidder . As regards the ceiling restoration, we are prepared to do it if you wish. However, we would prefer not to , since that work, by itself would lead to a substantial loss . I am sorry this happened, but we had no idea that we should not be allowed to subcontract electrical work, as we had planned. Yours sincerely, t�dgar Bendor BROMPTON SERVICE Corporation EB :gh CERTIFIED: ENGINEERING EDUCATION INDUSTRIAL ARTS VOCATIONAL EDUCATION r y_ CERTIFIED brompton service Z 009 385 048 11 Sheer Plaza Plainview, New York 11803 y _ TED Judith T. Terry, Town Clerk, SOUTHOLD TOWN HALL, 53095 Main Road, P.O. Box 1179 , SOUTHOLD, New York 11971 w �o��gUfFO(,r��OG ti o - W x LAURY L. DOWD O Town Hall, 53095 Main Road Town Attorney 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 25, 1994 National American Insurance Company 5550 W. Touhy Avenue Skokie, IL 60077 Re: Bid Bond No. NBE 091328 Dear Sirs: The Town Board of the Town of Southold, New York, has declared the above-described bid bond issued by your company to Brompton Service Corporation forfeit. We hereby call upon National American Insurance Company to honor its obligation as surety in the sum of $3,000.00 as representing additional costs which the town has been forced to incur when the Principal was unable to enter into the contract for which it had issued the low bid. The Town had accepted the bid, but was advised by Brompton that it did not have the appropriate electrical licenses to perform the proposed job. The Town has been forced to find an alternate bidder at an additional cost of $4,500. Please contact me if you have questions. Very truly yours, a>= ury I�__ wd -- Town Attorney cc: Brompton Service Corp. THE AMERK*4 INSTITUTE OF ARCHACTS AIA Document A310 Bid Bond Bond No. NBE 019328 KNOW ALL MEN BY THESE PRESENTS, that we Brompton Service Corporation 11 Sheer Plaza, Plainview, NY 11803 (Here insert run name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and National American Insurance Company 5550 W. Touhy Ave. , Skokie, TL 60077 (Here insert full name and address or legal title o Surety) a corporation duly organized under the laws of the State of Nebraska as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal Bile of Owner) PO Box 1170, Town Hall, Southold, NY 11571 as Obligee, hereinafter called the Obligee, in the sum of 5% of the bid amount not to exceed Three Thousandand 00/100------------------------------------------------------------------------------------- ------------------------------------------------------Dollars ($--3,000.00---),------- _ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Energy conservation and related work at (Here insert full name, address and description of project) Southold Town Hall, Southold Police Station, Human Resource 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 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 6th day. of July 1994 Brompton Service Corporation n cipal) ;Seal) (Witness) Z�l L�t National American Insurance Company (Surely) (Seal) (Witness) Francesca Pf`; attorney in fact i C;.UTION: You should ::ir)n an original .iocum,2n( --ini,--h as this caution printed in red. ��I���'�� L� An original assures that changes will not be obscured ds may occur when documents are reproduced. _ AIA DOCUMENT A310• BIO BOND•AIA®• FEBRUARY 1970 ED• THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. NATIONAL AMERICAN INSURANCROMPANY • ND OMAHA, NEBRASKA NUMBER NBE 019328 POWER OF ATTORNEY PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETY PAPER WITH BROWN INK. DUPLICATES SHALL Brompton Service Corporation HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. 11 Sheer Plaza KNOW ALL MEN BY THESE PRESENTS: That the National American Plainview, NY 11803 nsurance Company, a corporation duly organized under the laws of the State of Jebraska,having its principal office in the city of Chandler,Oklahoma.pursuant to he following resolution,adopted by the Board of Directors of the said Company on ne 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, EFFECTIVE DATE xecute and deliver a Power of Attorney constituting as Attorney-in-Fact, such ,ersons, firsts, or corporations as may be selected from time to time. July 6, 1994 Resolved that nothing in this Power of Attorney shall be construed as a grant of uthority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- CONTRACT AMOUNT rise issue a policy or policies of insurance on behalf of National American Insurance ompany. $ --60,000.00---- Be It Further Resolved, that the signature of any officer and the Seal of the .ompany may be affixed to any such Power of Attorney or any certificate relating BOND AMOUNT iereto by facsimile,and any such Power of Attorney or certificate bearing such fac- _-3,000.00----- imile signature or facsimile seal shall be valid and binding upon the Company and ny such powers so executed and certified by facsimile signature and facsimile seal ball be valid and binding upon the Company in the future with respect to any bond nd documents relating to such bonds to which it is attached." National American tsurance Company does hereby make, constitute and appoint Francesca Papa is true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign,execute,acknowledge and deliver in its ,ehalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million (51,000,000.00 dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were signed by to duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby itified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its 'orporate Seal to be hereto affixed. (s,,Pon" '41 NATIONAL AMERICAN INSURANCE COMPANY >1 W. Brent LaGere, Chairman & Chief Executive Officer TATE OF OKLAHOMA ) -OUNTY OF LINCOLN ) SS: On this 8th day of July,A.D. 1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that e resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company, he corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed to the said instrument such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. �NOA 4/�< o�O T A surt of 'A 41 Notary Public TATE OF OKLAHOMA ) SS. Ot."Co c°� My Commission Expires August 30, 1995 OUNTY OF LINCOLN ) I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the wegoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 6th day of July 1994 \CPN INS(,q e4iP`",POP" Z SEAL . O p ti Winifred E. Mendenhall, Assistant Secretary OMAHA ~EeNAs�A State 0'f • a , SS. County of a On this day of . 19 before me personally came L` to me known, and known to me to be the individual described in and who executed'the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary a Public ------------------------------ Y -- __ State of County of On this day of p 19 before me personally came to me known and known to me ` to be a member of the firm of described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires —————— Notary Public —— � ---------------------- State of ss. County of On this_ day of �, 19 before me personally came D to me known, who being by me duly sworn,did depose and say that he is the of the corporation described in an hick executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;thatit was so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. FRANCES F?PA Notary Fublic, ate t New ork No.48425 f My commission expires Cert.Filed in --—————————— -------------------------= Notary Pu is --------------------- State of G 1 County of 1 ss. On this Co day f 9�. . 1before me personally came to me known, who,being by me duly sworn,did depose and that he is an attorney-in-fact of the corporation described in and which executed the ithin 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. TOBIN B. JACOBSON NOTARY PUBLIC, State of New \ /• No. 4970566 w York MY commission expires -n ulfolk Countq Commission Expires August N 13 25M 13. 114{ l Y Ic ANNUAL STATEMENT or me NATIONAL AMERICAN INSURANCE COMPANY of OMAHA Indin the i STATE OF NEBRASKA TOME Insurance Department OF THE STATE OF FOR THE YEAR ENDED DECEMBER 31. 1992 FIRE AND CASUALTY f. 1992 ra(A z ANNUAL STATEMENT FOR THE YEAR 1992 Of Tl(E National American insurance Co(tpany ASSETS a1 - :121 oK.�ber x,tni ort.-e.r ll,tnt 1. 6-4(1...1 4 Ileb11(ty(r1K/rwd.rl Nle p"gllatl .................................. a,K(,SK u,10,40 - - 1. 1.1 hN.rrd t/K(. ................................................................... 7.1 (a..w s1oAt.............................................. 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A"-W..rll<•las fr laaaldIW.................................................................................................... ..... 1 e N. S.OtK.11,cne."1.1.6t.d 41WS(t1.a 1 to•1 ........................................................................................ 11,(la,lIt tt,l11,s11 1, ae..tt.bow"or wcellectd prwl.as: 1.1 hwlws Id alwtt'b.lwc"ta carte of celt.ct(a........................ 1.2 haNwa,apwts'MI(nca ad I.stellewts eaotd but dc(. *d a d aK yet e,............................................................ (1,111,a01 1,2H,1Q 1.1 Ac-4d I.Vospectla.prall..t...................................................................................................._.._.... I,t11,K( 2,111,SK 14. fwd.Wd e7 r deMItd vlte rc(as.rd cc p"ta............................................................................................. x1,4(4 1.70(,IOS 11. 0111.rKN..ble,t.lw for$—I-t........................................................................................................... 1 • Q. a.l..rwa la W—bles a mats..d lass dJ.al.wt V"S.lv/.wts.......................................................................... I1. fdrN latat la.toe. *bt.............................•--........------..................................---.................. ............ • • la. (l.ctrwlc at.process W ow(p.wl........................................................................................................... •(S,QI t,1O,242 IS, latrat,61aW..OI aad rosl"lace latae ve ad acm d..................................................................................... 1,142,a12 I,On,l72 It. 0y1414614 f—prwl,a.btWwIes ad.((Sitatea............................................................. 161,421 ut,ud Il. (altlos W depaslu W pact mad 6ataAattea................................................................................................ • • N. ..vacs rece1.01e rtlalla(to wl.Wnd acclM.t 6.4 e.Nl1 Nws............................................................................. 4 • 10. AWaMt..rIt.-(.s fr.ter ttw ta."ld at WS........................................................................................... 2,II2,(IS I,Iu,Mt V. alas(Haas M lerrel t•1..................._........................................................................................... 124,4(1,111 101,14(,110 Ocu11S or mA(l(•las I=KCtt(0 M lits(•704 141(A(0 ours MOI. ....................................................................................................................... eat................................................................................................................................................ • • am]. .............................................................. aa................................................................................................................................................ am.................................................................................................................................... • t 0111.s.«try K (r tlae 4 fra..rflav M•.-„...................... .......__..... • • al”. lags W.e.owl Urs.0605 pl.,Oom U."2,(1..11...---.• 1 t al(Ats or ealtt•ua 6aa(ct1(o u tla(20 104 owls lwx'"(SIM cauls MI.0.0,t0e1e —act.t ■«rd by u.e epa.lts t toc............. ......._...._.._ 1.us,a05 1,1st,141 2a2.N1K.11..<o.1 radl.abl.t.aewrd................ ........................................................................................... 21,115 21,66E 2a).lk-141d tMl((<taa of co.trlt tta f_Fara•ll A"WI./lw............................................................................ 521,005 1 M.(wplr salt—........................................................................... 10ar.................................................. 200-S...ar7 of rwalala(vr(te-las for(lea 20(tot acflw esar.................................................. 0 -t 2611. Mks(t."2(101 tory 2006 Ole$ml(to"t,tlao 201.............••• ..._... 2,It1,Q5 1,!E1,be; SOK;Iee llaet w mels p.e<to arae Mt%1Ltblt 1,Cal.a. Ik twin to(1,,.,1.1 SL1..�.1.•.r.,.,te;+•I r4(•1 .. i y< cz C4 x LAURY L.DOWD p • Town Hall, 53095 Main Road Town Attorney y �ipl �a0 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 24, 1994 Mr. Edgar Bendor Brompton Service Corporation 11 Sheer Plaza Plainview, New York 11803 Dear Mr. Bendor: On July 12, 1994 the Town of Southold awarded Brompton Service Corporation the bid to perform electrical lighting work at Town Hall under the Energy Conservation Program specifications. In early August we sent Brompton a contract for the lighting work and acoustical the restoration. This will confirm our conversation of August 19, 1994 in which you advised me that Brompton did not have the appropriate licenses to perform the Town Hall electrical work. You indicated that you had just discussed the issue with Mr. Lademann of the Suffolk County Department of Citizens Affairs and that you agreed with him that Brompton did not have the appropriate licenses to perform the work as bid. You did offer to perform the acoustical tile restoration part of the project which you had also bid for. I advised the Town Board of these facts at their meeting of August 23, 1994 and they agreed to have you continue with the acoustical the restoration. I have enclosed a revised contract. The Town Board is making arrangements to have another contractor perform the electrical work. Please be advised that the Town will declare your bid bond forfeit to compensate for the costs incurred due to your failure to complete the contract for the electrical work. Please sign and return the enclosed contract. Due to the size of the job, a performance bond will not be required. However, the appropriate insurance is required as explained in the August 15th letter from the Town Clerk, and we are still awaiting the certificate. Very truly yours, Laury L. Doi rd Town Attorney H J A M E R I C A I N S T I T U T E F A R C ll l T E C T S AIA Document A 10 1 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 23rd 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, N.Y. 11971 and the Contractor: Brompton Service Corporation (Name and address) 11 Sheer Plaza Plainview, N.Y. The Project is: Acoustical Tile Restoration (Name and location) Town Hall Main Road Southold, N.Y. 11971 The Architect is: Daniel Karpen (Name and address) Professional Engineer 3 Harbor Hill Drive Huntington, N.Y. 11743 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1%1, 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 DOCUf&NT 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. a S • 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 Southold Town Hall pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 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 tune.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION• AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.2� 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 Three Thousand Nine Hundred -------------------------------------------cellars �$ &900.00 ), subject to additions and deductions as provided in the Con- tractuments. 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 Acoustical Tile Restoration $ 3,900.00 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA® • 01987 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 ContraCCOC in accordance with the Contract Documents.The schedule of values shall allocate the entire C011MICI 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 arliount 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 delaycd through no fault of the Cuntractor, anv 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 1011Ows- (1f it is irnernded.prior to Substantial Completion of lbe etaire Work, to reduce or linril rl�c rriYriunj;r rzr>uhirrl;Jrunr the perre•ruugea hrserled in Subpa,a- g,,q)hs 5.6 /curd 5 6.2 above. acrd this is not explained elsewhere in for Crura act 1)nrunremc, rrraot here(rroruiuus/or sue lr redrr(tion or limitation.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELF"Ili EDITION • AIA` ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W.,WASHINGTON,1)(1 200()() A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Stun,shall be made by the Owner to the Contractor when(1) the Contract has been hilly 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 lbe 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 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2~ A101-1987 5 WARNING:Unlicensed ohotnconvina violates U_S.convright laws and is subject to legal omsecution. 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 June 14, 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 ibis Agreeneent.) 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.200(16 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: (Ei(ber list the Drawings bene or refer to an exbibit attacbed to ibis Agreement.) Number �tle Date 9.1.6 The addenda, if any, are as follows: Date Pages Number Portions of Addenda relating to bidding requirements are not part of the Contract Documents unkcss the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A/01 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIAe • ©1907 A101-1987 7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASIi1NGTON,D.C.20(HK 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 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 intended to be part of the Contract Documents.) Bid proposal dated July 6, 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 Edgar Bendor, President (Printed nanze and title) (Printed name anui title) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.0 20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. o��FFOLKcOGy L Town Hall, 53095 Main Road JUDITH T. TERRY Z P.O. Box 1179 T TOWN CLERKSouthold, New York 11971 r' • Fax (516) 765-1823 REGISTRAR OF VITAL STATISTICS Telephone (516) 765-1801 OFFICERMARRIAGE RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 26, 1994 Paul J. Avenoso, President Avey Electric, Inc. P.O. Box 1429 Patchogue, New York 11772 Dear Mr. Avenoso: The Southold Town Board, at a regular meeting held on August 23, 1994, rescinded the Town dof Hall toe bid Bromptonor the electrical Service Corporation.lghting Te improvements at Board then awarded the bid to Avey Electric, Inc. Enclosed is the agreement between Avey Electric and the Town for the performance of the electrical lighting improvements at Town Hall for your bid amount of $48,6 to 0 me 0. Please sign both e the self-addressed,addressed,s of the agreement stamped and return one copy envelope. you are required to supply the Town with a 1000 In addition, Performance Bond is in- excePsince the erformance contract Bond to be sentssto f me20at0 your earliest arrange for the convenience so we may commence the project. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures H E A M E R I C A • I N S T I T U T E F A R C li 1 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 23rd 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, N.Y. 11971 and the Contractor: Avey Electric, INC. (Name and address) P.O. box 1429 Patchogue, N.Y. 11772 The Project is: Electrical Lighting Improvements (Name and location) Town Hall Main Road Southold, N.Y. 11971 The Architect is: Daniel Karpen (Norm and address) Professional Engineer 3 Harbor Hill Drive Huntington, N.Y. 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. 20000. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright Lnvs of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 A101-1987 1 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 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 Contractus 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 Lighting installation at Southold Town Hall pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 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 dale 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 an_y requirements for earlier liubstatrtial 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 Forty-eight thousand Six hundred thirty Dollars �s 48,630.00 ), 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: Town Hall Electrical Lighting $48,630.00 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTIi EDITION • AIA® • ©1987 TH E AMERICAN INSTITUTE OF ARCHITECTS,173 5 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to leoal 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. 5.8 Reduction or limitation of retainage, if any, shall he as follows: (/J it is lutended,prior to Substantial Completion of the entire Work, to redme or limit the retamaW resulting;from the pera-nut,tes inserted ht Suhpata graphs 5.6 l and 5.6.2 ahoee,and this is not explainer/elseu-bene in the Contract Dot ionents, ot.serl here provisions/or such reduction or limitation) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 A101-1987 4 THE AMERICAN INSTITUTE OF ARCHITECI-S,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed pnotocopying 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 hilly 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 arty.) (Usury tams and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulalions at the Ouster'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 he 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.,WAS[IINGTON,D.C.2(0)(3 A101-1987 5 W4QNIN(:•1 inlicr+n�ov7 nhntncnrtvi nit vinlatoc IIS r•nnvrinht lawc snit i¢cnh:.+.-r r..te.,ol.....c...-.a.... 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 June 14, 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 TI IE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASIIINGTON,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. . • i 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eitber list the Drawings bere or refer to an exbibit attacbed 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* - ©l9s7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASI IINGTON,D.C.20(Wl 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 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 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 July 5, 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 CONTRACTOR (Signature) (,Signature) Thomas H. Wickham, Supervisor Paul J. Avenoso, President (Printed nante and title) (Printed name and title) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAm • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D .20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. o��FFo�,��oGy JUDITH T. TERRY Z Town Hall, 53095 Main Road TOWN CLERK T 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 RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 23, 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Avey Electric, Inc. , Patchogue, New York, in the amount of $48,630.00, to perform electrical lighting improvements at the Southold Town Hall, in accordance with the Energy Conservation Program bid documents dated June 14, 1994; and be it FURTHER RESOLVED that the town Board authorizes and directs Supervisor Thomas Wickham to enter into a contract between the Town of Southold and Avey Electric, Inc. to accomplish the aforesaid electrical lighting improvements at Town Hall. udrth T. Terry Southold Town Clerk August 24, 1994 o��FFo�,��oGy JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK ,T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 V� � � 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 AUGUST 23, 1994: RESOLVED that the Town Board of the Town of Southold hereby directs the forfeiture of the bid bond submitted on July 6, 1994 with the bid of Brompton Service Corporation for performance of electrical work at Town Hall, inasmuch as Brompton Service Corporation has advised the Town that it is unable to enter into a contract to perform the specified work and the Town is thereby forced to incur additional costs in entering into a contract with an alternate bidder. Judith T. Terry Southold Town Clerk August 24, 1994 �oc��FFOLK��Gy JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK ,zr P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS yO � �. Southold, New York 11971Fax (516) 765-1823 MARRIAGE OFFICER ., Q RECORDS MANAGEMENT OFFICER Telephone (516) 765-1801 '7�/ T 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 AUGUST 23, 1994: RESOLVED that the Town Board of the Town of Southold hereby rescinds the award of the bid of Brompton Service Corporation to perform electrical lighting work under the Energy Conservation Program at Southold Town Hall, as provided for in resolution no. 25, dated July 12, 1994; and be it FURTHER RESOLVED that the Town Board hereby rescinds the authorization for Supervisor Wickham to execute a contract with Brompton Service Corporation for the aforesaid work, as provided for in resolution no. 20, dated August 9, 1994. /--,-Judith T. Terry Southold Town Clerk August 24, 1994 FFO( I V hyo Gym VA �`�-J� o - y LAURY L. DOWD O Town Hall, 53095 Main Road Town Attorney yifJOl �aQ� P. O. BOX 1179 Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: TOWN SUPERVISOR FROM: TOWN ATTORNEY RE: BROMPTON CONTRACT FOR ELECTRICAL WORK DATE: AUGUST 19, 1994 1 got a call from Edgar Bendor today regarding the contract with Bromption Electrical to do the electrical work for the energy renovations at Town Hall for $44,000. He cannot do the work because he does not have the proper electrical contractor permits. One of the losing bidders reported Brompton to the Dept of Consumer Affairs who looked into the matter and found that Brompton did not have the proper permit to do the work for us. The losing bidder also did not have the proper license. We can rebid or go to the third bidder, Avey Electric at $48,630., or rebid. Brompton told me that the bulk of the $44,000 is for lighting fixtures, and that they intended to sub out the electrical portion of the contract. We could consider rebidding the contract by separating the fixtures from the installation. I have not spoken to Karpen re this. I recommend we keep the $3,000 bid bond of Brompton to compensate for damages. JUDITH T. TERRY Z -" "Town Hall, 53095 Main Road TOWN CLERK °C P.O. Box 1179 rn r, REGISTRAR OF VITAL STATISTICS .n; Southold, New York 11971 Fax (516) 765-1823 MARRIAGE OFFICER j .���ri Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER Ql FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOtJTHOIA) August 26, 1994 Andrew C. Fohrkolb, President Kolb Mechanical Corporation P.O. Box 645 Mattituck, New ,York 11952 Dear Mr. Fohrkolb: I am in . receipt of the executed agreement for the ductwork modifications at Police Headquarters, therefore, I am returning your $343.40 bid check. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure MECHANICAL CORP. 4697 --! 11500 SOUND AVE. P.O. BOX 645 50-791/214 MATTITUCK, NY 11952 J �-19q 42 tz PAYT—,• � ,tA' ! TO THE d ' vW Ccr tex_ I r� ORDER © ��2t=C -" ` - DOLLARS FOP A.--, y aL 11'0 0 6 9 711' 1:0 2 L 4 0 7 9 L 21:0 L. 2 1,10 01, 711' t . , T H E A M E R I C A NO I N S T I T U T E 010 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) 53095 Main Road Southold, New York 11971 and the Contractor: Kolb Mechanical Corp. (Name and address) Sound Avenue Mattituck, N.Y. The Project is: Ductwork Modifications (Name and location) Police Department Headquarters Main Road Peconic, N.Y. 11958 The Architect is: (Name and address) Daniel Karpen Professional Engineer 3 Harbor Hill Drive Huntington, N.Y. 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® • 91987 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. 5 r • 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: Ductwork Modifications at the Police Department Headquarters pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 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, slate 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 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 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 Four Hundred -------------------------------------------- Dollars 400.00 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.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 wbicb that amount is valid.) 4.3 Unit prices, if any, are as follows: Police Department Headquarters Ductwork Modifications $1 ,400.00 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 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. 5.8 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.G.1 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.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 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 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 date June 14, 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 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 fist 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. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bene any additional documents wbicb 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 bere only if intended to be part of the Contract Documents.) Bid proposal dated July 5, 1994. This Agreement is entered into as of the day and year first written move 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 Andrew C. Fohrkolb , President (Printed name and title) (Printed name and title) l l 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® • ©1957 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. JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 Southold, New York 11971 RECIsrRAR of VITAL srATIS1'Ics MARRIAGE OFFICER c Fax (5 16) 765-1823 �a RECORDS MANAGEMENT OFFICER Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE: OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 1994 Edgar Bendor, President Brompton Service Corporation 11 Sheer Plaza Plainview, New York 11803 Dear Mr. Bendor: Enclosed is the agreement between the Town of Southold and Brompton Service Corporation to perform acoustical tile restoration and electrical lighting work at the Southold Town Hall. Please sign both copies on the last page, and return one copy to me in the enclosed self-addressed, stamped envelope. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures T H E A M E R I C A N I S 1' 1 i C E: U A R C H I T E C T S AIA Document A 101 Standard Form of Agreement Between Owner and Contractor where the basis of is a S77PU1.A7 ,1) 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO IT,S 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 clav of August in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: Town of Southold (A'ameand address) 53095 Main Road Southold, New York 11971 and the Contractor: Brompton Service Corporation (Name and address) 1 1 Sheer plaza Plainview, N .Y . The Project is: Acoustical Tile Restoration & Electrical Lighting (Name and location) Town Hall Main Road Southold, New York 11971 The Architect is: (Nano and address) Daniel Karpen Professional Engineer 3 Harbor Hill Drive Huntington, N.Y . 1 1743 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 • AIAO, • ©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((;moral,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 Conu'act,and are as full + part of the Contract as if attached between the parties hecto to this Agreement or repeated herein. The Contract represents the entire and integrated agreement and supersedes prior negotiations,representations or agreements,either wrincn 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 Ucn un"ants, cXcCpt t" the extent specifically indicated in the Contract Documents to be the responsibility of others, or as toll( , Electrical Lighting installation and Acoustical Tile Restoration at Southold Town Hall pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 1994. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION l,.1 shall be ile te Ot thisThe date of s commencement written above,unless a different date is stated beloate from which the Contract'i twcorlpro isionlis made for the datetto be fixed ti n a notice [his Agreement,as first to proceed issued by the Owner. (/r1 cert the elate of annmencement, ij it dijjers jram the date o/this i1i;reement ur, it ul)/i/rr,rl�Ir_ strrtr 1l.rur!hr Jute 11,11i br Ji.red in a nouee w proceed ) fy the Unless the date of otess than five days before ommenc:ingnotice the proceed Work to per noir thethe ti hely filing the of mortgages Contractor mshall e mechanic's liens Owner in writing not 1 and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not fact than 90 days (nsert the calendar date or number of calendar days ajter the dale of cumrnencen+enr.Also insert uny requirements(or earlier Suhstuntial completron uj rer- nrin portions of the Work, if not stated elsewhere in the contract Doetum't- , subject to adjustments of this Contract Time as provided in the Contract Doi unlents. (Insert prurisians, !J any,for liquidated damages relating to jailure to.-orlt1,lete un time t AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • 1'W ELF"I'H [?p1'I'IpN AIA' • U1987 A101-1987 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.,N.u'.,WASHIN6TON,I).<- WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. T • I• ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor performance of the Contract the Contract Sum of Forty-seven thousand Nine Hundred ------------------------------------ Dollars �S 47,900.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if am, which arc described in the Contract Documents and are hcreby accepted by the Owner: (Jtate the numbers or other idengficalion of accepted alternates. 1J dectsiotts un otbrr nthcru,II-al"to be tnudr bI,the utuner subsequent to the ex,,c of ibis Agreement, attach a schedule of such other alternates showing the urtoumt/)r rar/,,in,t thr&I it,uwil 1111i1b that rtntaamt is tralid.l 4.3 Unit prices, if any, are as follows: Town Hall Electrical Lighting $44,000.00 Town Hall Acoustical Tile Restoration $ 3,900.00 AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA°' - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20000 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copvright 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 tftc l.UntraC1 Sum to the Contractor ,is provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shrill be otic 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 Cont actor 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 till- PAVnlellt 5.4 Each Application for Payment shall be based upon the schedule Of calucs submitted by the Contractor in accordance with III(:Contract Documents."Che 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 suc h diel to suhst:uuiatc iu:Ic curacy:u the:Arc hitcet utav require.This"ChcdLIlC unless objected to by [lie Architect, shall be uSed as a baSIS 101 reg 1('w Ing the Cuntrtcu>r, Applications li)r Paynlcnt. 5.5 Applications for Payment shall indicate the percentage of contpleton 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. lake 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 niaterially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the Gcnctal Conditions. 5.8 Reduction or limitation of retainage, if any, shall he as lollow, (1/it is Aaended,prior to substantial Cunnpletion of the entire Work if,reduce or"min the retabnage resulting from the percentages inserted it s«bpeua- grrrpbs 5.G.1 rind 5.6.?above, and lois i,c not explained elseu bene in the Lbntract 1)"'?"'Ients, insert here prop nsiorns jor such reduction or limitruion. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMEN"1 • "I'WELF"I'H EDI'TIUN • AIA • ©1987 A101-1987 4 THI'AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W,WASHINGTON,D.C.200(X) 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 bV the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment,-ef-es us: 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. (Azsert rate of interest agreed upon, of 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 afject the validity of this provision.Legal advice should be obtained udth 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 OFARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASI IING"I-ON,D.C.2000(, 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 contact 1()r Construction, AIA Document A201. 198- Edition. 9.1.3 The Supplementary and other Conditions of the Contract arc those t ontained in the Project Manual dated and arc Document Title Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work dated June 14, 1994. 9.1.4 The Specifications are those contained in the Project Manual elated a,, in Subparagraph 9.1.3, and are as folloi;vs: (Eitber list the Specifications bore or refer to an ea'brbit atta(jwa to ans.ipcernru:., Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFi'Ii EULIIUN • AIA" • (91987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W,WASHING ION.1)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 datcd unless a different date is Sh()wn beloN,,: (hither list lbe Drawings here or refer to an e.rbihr'l allacciwa to this:i,�reen�eut./ Number Title Date 9.1.6 The addenda, if anv, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the C:ururtc DOCumentS unless the bidding requirements;ire also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,1)_C.2(X)06 A1O1-1987 7 WARNING:Unlicensed photocopvinq violates U.S.coovright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract DOCl1111CIAS are as follows: (List here any additional documents which are intended to form part of the Contract Documents The General Conditions provide that bidding requiremews 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 July 6, 1994. This Agreement is red 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 delive ed the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Oxvner. OWNER kk (Signature) (Stj nature) Thomas H. Wickham, Supervisor Edgar Bendor, 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.2o006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • LE r.*V JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 vY ` Fax (516) 765-1823 MARRIAGE OFFICER Telephone (5 l6) 765-1801 RECORDS MANAGEMENT OFFICER a FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 1994 Andrew C. Fohrkolb, President Kolb Mechanical Corporation P.O. Box 645 Mattituck, New York 11952 Dear Mr. Fohrkolb: Enclosed is the agreement between the Town of Southold and Kolb Mechanical Corporation to perform ductwork modifications at the Southold Town Police Headquarters. Please sign both copies on the last page, and return one copy to me in the enclosed self-addressed, stamped envelope. Upon return of our copy I will return your $343.40 bid check to you. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures t s • 1' H E A M E R I C A N I N S 'f I "f l f F: l) F A N C 1i i T E C T S AIA Document A 101 Standard Form of Agreement Between Owner and Contractor where the basis is el S77PULA 7'11-) SU,11 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 7'O 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 (Nan:eand address) 53095 Main Road Southold, New York 11971 and the Contractor: Kolb Mechanical Corp. (Name and address) Sound Avenue Mattituck, N .Y. The Project is: (Name and location) Police Modifications Police Department Headquarters Main Road Peconic, N .Y . 11958 The Architect is: (,Name and address) Daniel Karpen Professional Engineer 3 Harbor Hill Drive Huntington, N .Y. 1 1743 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 101987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,1)C 200(X) A101-1987 1 WARNING:Unlicensed nhntnainvfnn viniat,,11 c nn• f�••r•.,,. hi r rn!nn ! rt 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 fellows: Ductwork Modifications at the Police Department Headquarters pursuant to the proposal submitted on July 6, 1994 and the specifications dated June 14, 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 beJiced in a notice to pruceed.) 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 dale or number of calendar days after the date of commencement .ilsa insert ani,requirements Jbr earlier Substantial Completion of cer- tain portions of the Work, if not staled elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Auert prurisions, if any,Jar liquidaled damages relating to J"ailute io complete un 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 po rformance of the Contract the Contract Sum of One thousand Four Hundred -------------------------------------------- Dollars �$ 400 00 the Con- tract &uments. 4.2 The Contract Sum is based upon the following alternates, if any, xhich arc described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otber identification of accepted alternates. /)decisions on to be rnude by the Owner subsequent to Ibr esecutio,of this Agreement, attacb a schedule of sucb other alternates sbou-ig Ibe uutount P" ca, umE/tabicb that amount is valid.) 4.3 Unit prices, if any, are as follows: Police Department Headquarters Ductwork Modifications $1 ,400.00 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA"' (01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D C.2(x)(() A101-1987 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 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 tnonlh. 11 an Application for Payment is received by the Architect alter the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application fix Paymcnl. 5.4 F,ach Application for Payment shall be based upon the schedule of valet submitted 1)v the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the rn[irc ContrarI Sum among the various portions of the Work and be prepared in such form and supported by such data to suhstantiatr its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the C.ontraC1or'S Applications for faaynnent. 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 con iplctrd\Vork 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(A cl cu lgcs in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions each 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 Owncr; 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 (lf it is wiewiva,prior to Srdwantial Cuntpletiun of the entire Work, to r'edi— ur lrnrrt the rciaiwcge resulting faint the percentages inserted in Subpart4 graphs 5.0_/and 5.0.3 above, and this is not explained elsewhere in the("outra,_t insert iwiv prot,ision.s fur such reduction or Iintilatiun.J AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELF1II EDITION • AIA' 01987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE,N u'.,WASHINGTON,1)C 2l)no6 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 he 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, eu_ac..fr�Ucu�: 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 clue 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, rf 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 elsewbere may affect the validity of this provision.Legal advice should be obtained wrtb 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 .Ls 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,173$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 Fomn 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 arc those clruained in the Project Manual dated and arc' a> follo\� Document Title- Pages Specifications for Energy Conservation Full Spectrum Polarized Lighting and related work date June 14, 1994. 9.1.4 The Specifications are those contained in the Project Manual in Subparagraph 9.1.3, and are as follows: (h.itber list the Specifications Dere or refer to air eshihit aitachea to Chic u Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT TWELI III EDI'Ilu • AIA'° 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WAST IINk;I ON,U.C.20000 A101-1987 6 WARNING•Unlicensed ohotoconvino violates U S.cnnvrioht lays and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (h)ther list the Druulngs here or refer It,cnt e.rhihil atlacbed to Ibis Agreenerr(.) Number Title Date 9.1.6 The addenda, if amy, are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not liar of the contrWt 1)0CUIllentS unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - TWELFTH EIATION - AW - U1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,VIASHINGTON,U C 20U(x A101-1987 7 WARNINr-I tntirnncnrl nhntnrnnvinn vinlatn.-I I C inht Lain A i""O'inrt to Innnl nmenrWinn a • 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. 7be 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. Tbey sbould'be listed bere only if intended to be part of the Contract Do,wnents) Bid proposal dated July 5, 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. Ou'NER CONI'RAC'IOR ),4v (S{gntat ure) Std nu t u re) Thomas H. Wickham, Supervisor _ Andrew C. Fohrkolb , President (Printed name and Lille) l'rhrtrd iratur and title) 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 • AIAN • ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE,N W,WASHINGTON,D.C.2(" A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. JUDITH T. TERRY ►? Town Hall, 53095 Main Road TOWN CLERK v .�, Southold, Box 11 79� � thold, New York P.O. 11971 REGISTRAR OF VITAL STATISTICS M .�. Fax (516) 765-1823 MARRIAGE OFFICER .)f/io �1�0 Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER ��ll FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 15, 1994 Edgar Bendor, President Brompton Service Corporation 11 Sheer Plaza Plainview, New York 11803 Dear Mr. Bendor: The Southold Town Board, at their August 9th meeting, authorized the execution of a contract with your company for the Town Hall acoustical the restoration at $3,900.00, and the electrical lighting at $44,000.00 (copy of the resolution enclosed) . While the Town Attorney is in the process of preparing the contract for the projects, please obtain and send to me at your earliest convenience the required insurance and bonds in accordance with the bid specifications (copy enclosed) . Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures iVE� i�lwo � ISSUE DATE (MM/DD/YY) 08/11/94 UR PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, AL STYPE & SONS, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW O BX 1415 12985 MAIN RD COMPANIES AFFORDING COVERAGE TTITUCK NY 11952-0996 COMPANY A C N A LETTER COMPANY B INSURED LETTER OLB MECHANICAL CORP COMPANY C 1500 SOUND AVENUE LETTER O BOX 645 COMPANY D TTI TUCK, NY 11952 LEITER COMPANY E LETTER CAYt THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES.UMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TYPE Of INSURANCE POLICY NUMBER LIMITS TR DATE (MM/DD/YY) DATE (MM/DONY) GENERAL LWBILITY A 12 912 6 5 7 3 04/25/94 04/25/95 GENERAL AGGREGATE Fm 2 ,000, COMMERCIAL GENERAL LIABILITY PRODUCTS—COMP/OP AGG.CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE FIRE DAMAGE(Any one fire) $ 5,00( MED.EXP.(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON—OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ 'L--::] ........... _.......,, _... ... .................. ...................._..................... _ ..... _........._.. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION WC129126590 4/25/94 4/25/95 STATUTORYLIMITS AND EACH ACCIDENT $ 10 Q 0 O EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT is 500,00( DISEASE—EACH EMPLOYEE $ 100,00 OTH. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I FiLDE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO TOWN OF SOUTHOLD MAIL 1r DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE POLICE HEADQUARTERS LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 53095 MAIN ROAD LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. SOUTHOLD TOWN HALL AUTHORIZED REPRESENTATIVE f SOUTHOLD, NY 11971 r 54iRN : 5�5 f > N+iSJRNtll+l .] tl �o��FFO�K�oGy JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK ,=T, P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Lrl AF Southold, New York 11971Vw � MARRIAGE OFFICER � Fax (516) 765-1823 .,` �� RECORDS MANAGEMENT OFFICER �1 Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 15, 1994 Joseph W. Gathard, President All Service Electric Inc. 1002 Central Avenue Woodmere, New York 11598 Dear Mr. Gathard: The Southold Town Board, at a regular meeting held on August 9, 1994, authorized contracts with Brompton Service Corporation and Kolb Mechanical Corp. for work under our Energy Conservation Program at the Town Hall and Police Headquarters (copy of the resolution enclosed) . I am returning herewith your Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we ALL SERVICE ELECTRIC, INC. 1002 CENTRAL AVENUE, WOODMERE, NY 11598 as Principal, hereinafter called the Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY4 19 Rector Street, Suite 1317 New York, NY 10006 a corporation duly organized under the laws of the State of Arizona as Surety, hereinafter called the Surety, are held and firmly bound unto SOUTHOLD TOWN HALL, MAIN STREET, SOUTHOLD, NEW YORK as Obligee, hereinafter called the Obligee, in the sum of THREE THOUSAND AND NO/100-- (5% of bid not to exceed 3 , 000 .00 ) Dollars ( $3, 000 .00 ) for the payment of which sum well and truly be made, 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 ELECTRICAL WORK AT THE TOWN HALL BID DATE: 7/5/94 NOW THEREFORE, if the Obligee shall accept the bid on 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 Word covered by said bid, then this obligation shall be null and void, otherwise to remain in full force a"d effect. Signed and sealed on JUNE 30, 1994 ` ALL SERVICE ELECTRIC INC. (Principal) (Seal) (!Witness) VBY: (Title) TON INTERNATIONAL INSURANCE COMPANY (Surety) (Seal) (Wit e ) BY: 'tlt-f Mimi Rubenoff ttorney-in-Fact(Title) Individual Acknowledgement . State of County of On this day of 19 before we personally came and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires Notary Pubtic --------------------------------------------------------------------- Firm Acknowledgement State of County of On this day of _ 19 before me personally came to be a member of the firm of to me known and known to me described in and who executed the foregoing instrument, and he thereupon acknowledged to me that h#A#W4GjdW d&'NW as and for the act and deed of said firm. VoWryPublic,State of'New Vbrk .Mb. 30-4514031 ah 'ed in 'NVassau County My commission expires if n aJan.31, 1s..,. Notary Public ------------------------------------------------- ---------------------------- - ----------------------- Corporation Ack //n ''owledgement State of 0f2Af OeK County of ITf4-VJl et On this_ .` * day of �u 1994, before me personally came 0 eylo Ar ANRRb to me known who being by me duly sworn, did depose and say that he is the 7)E1) ,u of //S64VirE Ele nei c�iyG the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seat; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------- Surety Acknowledgement State of New York County of New York On June 30, 1994 before me personally came MIMI RUBENOFF to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of WASHINGTON INTERNATIONAL INSURANCE 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 f said co ration and authority of this office under the Standing Resolutions thereof. MARIA DEPALHA NOTARY PUBLIC, STATE OF NEW YORK I r My commission expires No. 4787611 QUALIFIED IN WESTCHESTER COUNTY Notary Public COMMISSION EXPIRES OCTOBER 31, 1995 Washington INTERNATIONAL94SURANCE COMPANY 1930 Thoreau Drive.Suite 101,Schaumburg,Illinois 60173 V 708/490-1850, Fax: 708/885-8710 WASHINGTON INTERNATIONAL INSURANCE COMPANY An Arizona Corporation BALANCE SHEET AS OF DECEMBER 31, 1993 (Statutory Basis) Valuation of securities on National Association of insurance Commissioner Basis ASSETS CASH AND INVESTED ASSETS LIABILITIES, CAPITAL& SURPLUS Cash 3,031,964 Outstanding Losses and Bonds 27,908,676 Loss Expense 18.670,205 Preferred Stocks 3,706,846 Unearned Premiums 8,360,148 Short—Term Investments 498,713 Commissions,Taxes and Invested Income Due other Liabilities 1,084,226 and Accrued 429,832 35,576,031 28,114,579 OTHER ASSETS CAPITAL SURPLUS Premium In Course Capital Stock 3,000,300 of Collection 3,240,378 Paid—In Surplus 425,000 Reinsurance Recoverable 1,750,226 Unassigned Funds 9,574,767 13,000,067 EDP Equipment 356,642 Miscellaneous 191,369 5,538,615 TOTAL ADMITTED TOTAL LIABILITIES, ASSETS 41,114,646 CAPITAL AND SURPLUS 41,114,646 star of ONO Courcy of Medina The wtdersigned,being d*eworr%says:That he Is Traaewar d Washington kvwnedonaii Irrwanoe Conpany,schswrbwg. Nno4:#let said convm y Is a owporallon duly organized.OxMrV and engaged in business sa•&welly Cwmary by virtue of We laws of rre Stale at ONo and aulhoAzed to 60 bu*00 in to Beate of ONo and has duy complied wMr ap to regLdmmrrits d the laws of ,old 812le appeeable b sold Company and b d*quailed to act sa&"Iy wider such Ines;!let said Caryany hes also oonptied valft and Y d*gulped b set•Bu My wrier 00 Act d w sppred J*1947.a U.S.C.a@,—!-1; u b and hto bow d Ne kand knowledge abeliai the above aftia am x h a ilei. oomect sawnwat d ri 31 at day d Deoambar,teen d the said Company on the wy Lewis M.Moeller,Treasurer WASHINGTON INTERNATIONAL INSURANCE COMPANY Subscribed and sworn before me, this 3rd day of June, 1994 t Mar a R.Pierso ,NotaryPuBQFFl 1 F:\SHARE\ACCT\BALSHT03 Maria R. Pierson Notary Public, State of Illinois My Commission Expires 8-16^95_ General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint * * JOHN D. FILICE, RALPH INFANTE AND MIM1 RUSENOFF its true and lawful ettorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to 52,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHEREOF" international Insurance Company has caused this instrument to be signed end its corporate seal to b��� yaorized officer this 7th day of October, 1992. y� •'�Gid r� WASHI ;rson, ZONAL INSURANCE COMPANY z CORPORATE;z�� SEAL ; p; t .• i Steven Vice President 1 `y ARIZONA STATE OF ILLINOIS�;y_ •.������.�a��i COUNTY OF COOK On this 7th day of October, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed my official Seal, the day and year first above "OFFICIAL SEAL" CHRJSTINE ZARETSKY y Notary Pubbt, State of Illinois ( istine 2eretsky No ry Publ MY Gamma'-ssion Expres 10-7-96 1 MY Commission Expi es tober 1996 .f aF aF zF:"--*_� --...-.r 'CERTIFICATE STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111, Section 5 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated th 0th day JUNE 19 94 Lewis M. Moeller, Secretary ��c��FFOLK��Gy JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK c T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER MARRIAGE OFFICER Fax���� Telephone (516) 765-1801 '7 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 15, 1994 Efficiency Contractor 104 Middleville Road Northport, New York 11768 Gentlemen: The Southold Town Board, at a regular meeting held on August 9, 1994, authorized contracts with Brompton Service Corporation and Kolb Mechanical Corp. for work under our Energy Conservation Program at the Town Hall and Police Headquarters (copy of the resolution enclosed) . I am returning herewith your $534.30 bid check. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures - n 4587 EFFICIENCYoMACT 104 MIDDL VfLL�' " •t H:: {-:�.!_:I`•�;j�._�...'i' �i ii NORTHPORTM- 8^.! j= j_:: ::1,°1 1-148 .h,. 11=: -. . ...:,: -Ni- �,.1 U. 4.`1 ._ 1 leo 2 PAY .. % - TOTHE "I11't!_I[-`l:AAi''i 'l::.iiI...° Lips`?I' 4/ 7t; ORDER OF rv� �� ��'` vc� a DOLLARS Em260 EPula i R Green'lawn,N 11740 .Ii I'�l.� D:_ .i.I':I_l.i. FOR—�'�� /z 6 0/ .��. _ -----------� /------- -- NP u"0045871I' 1:0 2800 1tia9l: u'9048866 1 LII' f OK��Gy JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK c rZr+ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 4F Southold, New York 11971 Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER MARRIAGE OFFICER ��.,`• �� Telephone (516) -1823 01 7Q1 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 11772 Dear Mr. Avenoso: The Southold Town Board, at a regular meeting held on August 9, 1994, authorized contracts with Brompton Service Corporation and Kolb Mechanical Corp. for work under our Energy Conservation Program at the Town Hall and Police Headquarters (copy of the resolution enclosed) . I am returning herewith your Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures Bond #000716-F BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we AVEY Electric Inc. P.O. Box 1429 Patchogue, New York 11772 as F inc pal, hereinafter called the Principal, and Contraetbrs 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 Town Hall A< Ohligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid Not to Exceed $2,500. Dollars (E 25500. ) f, r ti)v payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis- n,,t,rs, successors and assigns, jointly and severally, firmly by these presents. vvHEREAS, the Principal has submitted a bid for energy conservation improvements Southold Town Hall 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 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 6th day of July 19 94 AVEY 1 ctric, Ii3c. (P in ip I (Seal) (Title) / Contractors Casualty & Surety Company 6 (Surety) (Seal) (Wi e ) Revised to February,1970 �- Jo e A. Gerec (Title) t orney- n- ac SS 5714b Printed In U.S.A. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF New York COUNTY OF Suffolk ss: On this 6th day of July 19 94 before me personally came Paul J. Avenoso to me known, who, being by me duly sworn did depose and say that he resides at Patchogue, NY that he is the President of AVEY Electric Inc. the corporation described in and which executed the foregoing 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 the eto by like order. JANET SF-Or°ZO NOTARY FJ!31.1S, ='�ot�%3eva York '�r N0.�,ez 3 23 � Notarblic State of New York County of Suffolk ss: On this 6th day of July 19 94, before me � y v personally came Joyce A. Gerech to me known, who, being by me 00 4J Q) duly sworn, did depose and say that he is an attorney-in-fact of �+ 3 G 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. JAINET SFC RZO NOTARY PUB-110,.`; ':3 of Not.v York No.4C-4,,523, j C`,lfaliflbd Ori o 'i i;CcV C My commission expires Commission Exii'R-es A!:ZuFA Notary Publi Power#41001—M. 00659 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000716F 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_2. CONTRACTORS CASUALTY AND SURETY COMPANY LT Y q�y� vQv�RPORq�,sG� ¢ SEAL jol11190 Robert W. Adler, Sr.,President 1991 vb6tiF� YOQ,��oc� 'l/�/0 ,�Naa Powers in Wid if last five numbers in upper left corner are not in RED. 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 Claimreserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 !!. 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 FOL,��OGy JUDITH T. TERRY �. Town Hall, 53095 Main Road TOWN CLERK p am P.O. Box 1179 REGISTRAR OF VITAL STATISTICS V� � Southold, New York 11971 �. Fax (516) 765-1823 MARRIAGE OFFICER '`^� O Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER "'�(/ r 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 enter into a contract between the Town of Southold and the following contractors, subject to the approval of the Town Attorney, and receipt of the grant application by the New York State Energy Office, to accomplish the following work under the Energy Conservation Program (bid opened July 6, 1994 and accepted by the Town Board on July 12, 1994) ; Brompton Service Corporation, 11 Sheer Plaza, Plainview, N.Y. Town Hall : Acoustical Tile Restoration - $3,900.00. Electrical Lighting - $44,000.00 Kolb Mechanical Corp. , Sound Avenue, Mattituck, N.Y. Police Headquarters: Ductwork Modifications - $1,400.00. ZJudith T. Terry uthold Town Clerk August 10, 1994 (By Fax, 765- 0823 DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT,P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 August 5 , 1994 Judith Terry Town Clerk Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Dear Judith: RE: STATE ENERGY OFFICE GRANT - TOWN HALL I spoke to Jim Marsh in the State Energy Office yesterday. He told me that the grant application for Town Hall has been received by the State Energy Office. The reason that the letter has not yet been sent is that the person prepares these letters has been on vacation for the past three weeks . This letter is being sent out today or Monday. I would recommend that at the Town Board meeting on August 9 , 1994 a resolution be adopted to award the lighting electrical work to Brompton Service Corporation for Town Hall , and that the ductwork modifications for the Police Headquarters be awarded to Kolb Mechanical Corp. Yours truly, Daniel Ka en �oc��FFOIK�OG� JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK 1 T P.O. Box 1179 Southold, New York 11971 MARRIAGE OFFICER REGISTRAR OF VITAL STATISTICS VO � �. Fax (516) 765-1823 � � � 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 accepts the following bids for the Energy Conservation Program at Town Hall and Police Headquarters, subject to the receipt of the grant application by the New York State Energy Office, and subject to acceptable references for the bidders: Town Hall Brompton Service Corporation, 11 Sheer Plaza, Plainview, N.Y. , Acoustical Tile Restoration - $3,900.00. Brompton Service Corporation, 11 Sheer Plaza, Plainview, N.Y. , Electrical Lighting - $44,000.00. Police Headquarters Kolb Mechanical Corp. , Sound Avenue, Mattituck, N.Y. , Ductwork Modifications - $1,400.00. Judith T. Terry Southold Town Clerk July 13, 1994 t PROPOSAL FORM DATE: �Gc/y S /9Y NAME OF BIDDER : /7 JLRyIez e51ecTiele _=2-4/C 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, 3 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 Acoustical Tile Restoration ,(Jd 3ip Electrical , Lighting � 5 J S `1• Q 0 Cf'.F�/— ✓G�MOrCfI,JO FJG�uJp(FD Ef'C✓l✓�OIIq[,s> POLICE STATION Ductwork Modifications /Uo iia HUMAN RESOURCES CENTER New Propane Space Heater Ato Name of Contractor �l �J�� J��F /eC-T-Ric -7�c. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten ( 10 ) days after notice of the acceptance of said proposal , shall have been deposited in the mail addressed to him at the address given in the proposal , that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages ; otherwise the certified check shall be returned to the bidder within (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 re' ct this proposal or by mutual agreement may extend this t'm perio Signature of Bidder : t S. !7/�l�ie�it,Eil7w- ,, Business Address : ��Qc� (��i1lTa�.4' We. Telephone Number : d o?s-61WI Date : 14 D - 2 ST_kTE`•'=T OF NCN-COLLUSION (To be Completed by Each Bidder) r 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, agenc;r, '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 openi.^.g, 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 siging this bid or proposal certifies that he has fully informed himsel_' regarding the accuracy of the statements contained in this certification, and uAder the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy Of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. E - 1 = R E S O L U T I O N Resolved that X911 S, ie: , Z-le,C7 elG 7;�C. _ be (Name of Cor?gration) authorized to sign and submit the bid or proposal of this corperaticn for the following Project: L -re;,C'14 r;w1 - 4eel,-I �,9ows"u--*riow %/t .Shu 7'ffo�a 4tf (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 copv of the resolution adopted by yiez ZleCTge c corporation at a meeting on the Board of Directors held on the $ day of �u 1v 19 9�1 (SIAL OF THE COPPOR ATION) Laws of New York, 1963 Ch. 751, Sec. 103-d, as amended dffective September 1, 1963 E - 2 a NEVI YORK STATE AFFIRMATIVE ACTION CERTIFICATICN (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 Lf ( Bidder) Certifies that : 1 . it intends to use the following 1,,' sted construction trades in the work under the contract Z/eC7-A;C,4 ; 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 wi 11 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 require by the Bid Conditions . (Sig ur of Authorized Representative of Bidder ) F - 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we ALL SERVICE ELECTRIC, INC. 1002 CENTRAL AVENUE, WOODMERE, NY 11598 as Principal, hereinafter called the Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY4 19 Rector Street, Suite 1317 New York, NY 10006 a corporation duly organized under the laws of the State of Arizona as Surety, hereinafter called the Surety, are held and firmly bound unto SOUTHOLD TOWN HALL, MAIN STREET, SOUTHOLD, NEW YORK as Obligee, hereinafter called the Obligee, in the sum of THREE THOUSAND AND NO/100-- (5% of bid not to exceed 3,000 . 00 ) Dollars ($3,000 .00 ) for the payment of which sum well and truly be made, 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 ELECTRICAL WORK AT THE TOWN HALL BID DATE: 7/5/94 NOW THEREFORE, if the Obligee shall accept the bid on 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 Word covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed on JUNE 30, 1994 It ALL SERVICE ELECTRIC, INC. (Principal) (Seal) (Witness) BY (Title) W HINGTON INTERNATIONAL INSURANCE COMPANY (Surety) (Seal) (Wit e ) BY: Mimi RubenoffL/'\ ttorney-in-Fact(Title) Individual Acknowledgement State of County of On this day of 19 before me personally came and known to me to be the individual described in and who executed the foregoing instrument, end acknowledge to we that he executed the same. My commission expires Notary Public ---------------------------------------------------------------------------------------------------- Firm Acknowledgement State of County of On this day of 19 before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that h#A41 GdW tj&'N51s16 as and for the act and deed of said firm. NMry'Pubric,State of'NeWYork 1%. 304514031 a 'ed in 'Nassau-County My commission expires 3 / il, if n es Jan.31, 1�..,.� Notary Public --------------- ---------------------------- ------------------------------a --------------------- Corporation Acknowledgement State of 1(fAf YUK County of AfAs ,¢u On this 5.4* day of 44 19 before me personally came —40b".- J ATf/ARb to me known who being by me duly sworn, did depose and say that he is the -?R'.f;DFAlr of IIIIS69it%le E/ecneic—ZV4 the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------- Surety Acknowledgement State of New York County of New York On June 30, 1994 before me personally came KI`Q RUBENOFF to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of WASHINGTON INTERNATIONAL INSURANCE 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 f said'co ration aauthority of this office under the Standing Resolutions thereof. MARIA DEPALMA 1 NOTARY PUBLIC, STATE OF NEW YORK 11 My commission expires No. 4787611 iJ (� QUALIFIED IN WESTCHESTER COUNTY Notary Public COMMISSION EXPIRES OCTOBER 31, 1995 Washington INTERNATIONALNJSURANCE COMPANY 1930 Thoreau Drive,Suite 101,Schaumburg,Illinois 60173 V 708/490-1850, Fax: 7081885-8710 WASHINGTON INTERNATIONAL INSURANCE COMPANY An Arizona Corporation BALANCE SHEET AS OF DECEMBER 31, 1993 (Statutory Basis) Valuation of securities on National Association of Insurance Commissioner Basis ASSETS CASH AND INVESTED ASSETS LIABILITIES, CAPITAL& SURPLUS Cash 3,031,964 Outstanding Losses and Bonds 27,908,676 Loss Expense 18,670,205 Preferred Stocks 3,706,846 Unearned Premiums 8,360,148 Short—Term Investments 498,713 Commissions,Taxes and Invested Income Due other Liabilities 1,084,226 and Accrued 429,832 35,576,031 28,114,579 OTHER ASSETS CAPITAL SURPLUS Premium In Course Capital Stock 3,000,300 of Collection 3,240,378 Paid—in Surplus 425,000 Reinsurance Recoverable 1,750,226 Unassigned Funds 9,574,767 13,000,067 EDP Equipment 356,642 Miscellaneous 191,369 5,538,615 TOTAL ADMITTED TOTAL LIABILITIES, ASSETS 41,114,646 CAPITAL AND SURPLUS 41,114,646 SUN of ONO County of Medina The undersigned.being duhy meson sap:Tint he Y Tremwsr of Wa**Vbn International Uw noe Corrpuy,schrauribug, fllrrois;font sold oormmn M a oorporafon duly organized.adafng and engaged In buminmes an a Suety Company by vkaw of fon Laws of fon Star d ONo and atNroebad b do business In fon star d ONo and lime duly oonplied whh mX to regjwnenrtt at fon laws d said Simon eppkeble b sold corr"M and Ie duly gLmMled b not of Suet'oder.rich ones.;font sold Company has also oonplled wifr and Y duly quaRled b act me suety urder fon An of approved J*1947,!U.&C.see.6—13:and font to fon ben of Ne loin wledge and betbf fon above nawnntt Is a U. oorrsa srrnrnt of fon d fon said Company on fon stn day of Deomrrber,tees Lewis M.Moeller,Treasurer WASHINGTON INTERNATIONAL INSURANCE COMPANY Subscribed and sworn before me, this 3rd day of June, 1994 i 44 9 Mar R.Pierso1!7,puyMaria 66'}FFI I AL F:%SHAREV+CCTIBALSHTC3 R. Pierson arPublic,Stale of Illinois y Commission Expires 8-16-915 General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International insurance Company,a corporation organized and existing under the taws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint • • JOHN D. FILICE, RALPH INFANTE AND MIM1 RUBENOFF its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and sit bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHEREOF, International Insurance Company has caused this instrument to be signed and its corporate seal to i� s�yorized officer this 7th day of October, 1992. a��......� tf �� •l ' G'��r WASHI INT ZONAL INSURANCE COMPANY _ CORPORATE;z�� �6 ; SEAL ; ; 0 Jr • • / Stevenrson, Vice President ' y ARItONA * 0. STATE OF ILLINOIS �` ..a00 ��i COUNTY OF COOK i On this 7th day of October, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" S CHRJSTINE ZARETSKY 2o(_u� Notary Pubbc, State of 11Gnois y istine Zaretsky No ry Pub( My Commission Expires 10-7-96 My Commission Expi es tober 1996 IF I CATE STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated thoofth bey JUNE , 19 94 Lewis M. Moeller, Secretary t i 4 PROPOSAL FORM DATE: NAME OF BIDDER : EFFICIENCY CONTRAaOR 104 Middleville Road 11 11111! :F100; 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 draw Ings , 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, f,. 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 C2 v� ti Jc �Z v c.��g/`d� -ei 9 Sr�x Acoustical Tile Restoration 0 U-11 Electrical , Lighting POLICE STATION Ductwork Modifications HUMAN RESOURCES CENTER New Propane Space Heater EFFICIENCY CONTRACTOR 104 Middleville Road Northport, NY 11768 Name of Contractor t And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fai 1 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 : e, Business Address : EFFICIENCY_CON-T-R-A-CTgJF- in.4 Middieyitie Road Northport, NY 11768 Telephone Number : _1_2 Date: D - 2 f . STATE4.ENT OF NON-COLLUSION (To be Completed by Each Bidder) „ In accordance with Section 103-d General Municipal Law, effective Septemger 13 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 o oofficial r goods sothereof ld ortfor work or services performed or to be p 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 bid,on 0 each behalf of any bidder certifies, and in the case of a join malty of party thereto certifies as to its own organization, under p perjury, that to the best of knowledge and belief: this bid nave been arrived at independently without (1) The prices in 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 not been knowingly disclosed by th quoted in this bid have prior to bidder and will not knowingly be disclosed by the bidder 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 Ader 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 (ifatheresecutionof rate bidder) rthis certificate bythe of resolution authorizingo signator of this bid or proposal in behalf of the corporate bidder. E - � = R E S O L U T I O N Resolved that be (Name of Corpgra'tion) authorized to sig and submit the bid or proposal of this corpr_ration for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hund red-thr ee-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 (SF_�L OF THE CORPOFATION) i I Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 E - 2 NEW YORK STATE AFFIRMATIVE ACTICN CERTIFICATICN (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 EFFICIENCY CONTRACTOR 104 Middleville Road (Bidder) NaftPorl, NY 1 1788 Certifies that : � . it intends to use the following listed construction trades in the work under the contract �� ��.► �5 ,� �,� � 'zf� . ; and , 2 . a . as to those trades set forth in the preceding paragraph one hereof for whi ch i t i s el i gi bl a 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 bei g : ; 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 , theme 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 . (Signatur of Authorized Repres ntative of Bidder) F - 1 z E F-1 !k.. _ . .k - i 4587 EFFICIENCY ON AC�Q#3 104 MIDDL ALt - 6•i NORTHPORT M8p. �,N`C' t:� i,�N;i:iiiREf 1—tae 28'0 21 a, 19yPAY !, if,' b. J TO THE j; ,±''_ 'i::.; ,`.i r.:....( I...n ; } ORDER OF ����O 7t O I S ._...._. DOLLARS all Fri- Em260 E.Pula iR .. .._ €€ Greenlawn,N 11740117411 � FOR L 118004 58 7110 1:0 2800 1489j: 11090 "8866 i ill' PROPOSAL FORM DATE : July 5, 1994 NAME OF BIDDER : KOLB MECHANICAL CORPORATION 11500 Sound Avenue, Mattituc, New York 11952 TO : SOUTHOLD TOWN BOARD TOWN HALL_ - 53095 MAIN ROAD SOUTfiOLD , 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 ocher 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 COITSERVATION IMPROVEMENTS TOWN BALL, POLICE STATION, HUITAN RESOURCES CENTER and all other work in connection therewith , in accordance with the contract documents and addenda , if any . oreoared by Daniel K.arpen, Professional Engineer. , 3 harbor Hill Drive , Huntington, i New York 11.743 , 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, Y Contractor Bids Contractors may bid on the various listed items - Contractors reserveslthe right to reject or accept and all bids on the listed items , and to The Town of S upon the ultimate a portion, or any be required depending accept/reject bids as may determination of the work to be done - office grant . subject to a New York State Energy office , This work is subj the New York State Energy procedures of listed item. Dile to the P to obtain bids on each and every it is necessary combining various listed items . Do not provide lum slim bid' of rejection; Such bids have a high probability amounts for each listed Write out lords and numbers the you are bidding on. itom that y TOWN HALL Acoustical Tile Restoration Electrical , Lighting pU---]-JCL-- STATIOTI $ 1,400.00 Ductwork Modifications One thousand four hundred dollars. HUT�IAN RESOU_RLF''—CENTER $ 5,468-00 New Propane Space Heater �— Five thousand four hundred sixty eight KOLB MECHANICAL CORP* Box 645. S d MATT TUCK, E Y RK 11 2 1 Ph e 8- 5 Name of Contractor Y R E S O L U T I O N Resolved that Kolb Mechanical Corporation be (Name of Corpgra'tion) authorized to sign and submit the bid or proposal of this corperaticn for the following Project: Ductwork modifications to the Southold Town Police Station. New propane space heater installation at 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 or the resolution adopted by Kolb Mechanical corporation at a meet.i.ng on the Board of Directors h-l.d on the 5th day of July 1994 i lil ///� (S .AL OF TEECOP°OP1TZ0�1) "U1-ci � � I i I i Laws of New Xot'k, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 E - 2 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men , the following surety: SURETY MPANY / Signed : ' ►� G ' ( idder CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company . In the event that the above Proposal is accepted and the contract for the work is awarded to said ( Bidder ' s Mame ) t!r e _ --- --- ------ - ---- (Surety Company ) will execcjte the Surety Bonds as herein-before provided . i Signed :--- --- ------ -------- P,uthorized Official , Agent or Attorney i Date : IMPORTAN T: THIS PAGE MUS-[' BE FILLED OUT WHEN CERTIFIED CHECK IS tiUGNIITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. G - 1 ENERGY CONSERVATION KOLB ACHANICAL CORP. N2 0241 11500 SOUND AVE. P.O. BOX 645 MATTITUCK, NY 11952 PROPOSAL (516) 298- 5527 Thomas H. Wickham, Supervisor SUBMITTED TO IV PHONE DATE P Town of Southold 765-1800 July 5, 1994 R STREET JOB NUMBER OR NAME o P.O. Box 1179 P Human Resources Center/Police Station 0 3 CITY STATE ZIP JOB LOCATION Route 2.5 `; Southold, New York 11971 Pacific Street, Mattituck/ Peconic MAIN CONTACT JOB PHONE Daniel Karpen 427-0723 Human Resources Center: Furnish and install 80,000 BTU duct furnace. Connect flue to existing chimney. Provide and install all controls and control wiring. Provide and install all necessary duct work modifications Provide all necessary materials and labor for a complete job. PRICE: $ 5,468.00 Southold Police Station: Furnish and install all necessary duct work modifications as specified in project manual. PRICE: $ 1,400.00 TOTAL PRICE: $ 6,868.00 One year guaranty on all material and workmanship. All factory warranties honored. WE OFFER TO FURNISH MATERIAL AND LABOR AND COMPLETE THE ABOVE IN ACCORDANCE WITH ABOVE SPECIFICATIONS FOR THE SUM OF: DOLLARS(S ) PAYMENT TO BE MADE AS FOLLOWS: All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any afieration or devia- tion from above specifications involving extra costs will be executed only upon written orders,and will became an extra charge over and above the estimate. AUTHORIZED SIGNATUR64�� OF Allagreements contingent upon strikes,accidents or delays beyond our con- E AY VWITHD4WN trcl.Owner to carry fire,tornado and otter necessary insurance. Our workers IF NOT ACCEPTED WITHIN DAYS. are fully covered by Workmen's Compensation Insurance. A The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. C' C E' Is T: A N:' C E AUTHORIZED SIGNATURE DATE OF ACCEPTANCE AUTHORIZED SIGNATURE H-EST-2 KOLB MECHANICAL CORP. Box 545, Sound Avenue MATTITUCK, NEW YORK 11952 Phone 298-5527 �= 1 S ►tel�� r r9 '0 19 i L-cs © raj /�`1�{yel�.� � f}- P 2� eft�� � � c'.�--r t�-c> ►2� �-� w , i 1� i ) pe c�; n'�` �`��� ���� ' ��� ;�i J�,�- ,��� ��ivy , �v.Qi/�k:'Z�ic►,�--� 1 l3,(U. S NEN YCRK STATE AFFIRMATIVE ACTION CERTIFIOATICN (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 Kolb Mechanical Corporation (Bidder ) Certifies that : 1 . it intends to use the following listed construction trades in the work under the contract New Suffolk Plumbing co.- Plumber QC Electric co.- Electrician _ ; and , 2 . a . as to those trades set forth in the preceding paragraph one hereof for which it is el i gi bl e 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 : Sheetmetal H.V.A.C. , Electrician, Plumber and/or-, b . a, 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 : Sheetmetal H.V.A.C. , Electrician, Plumber - - -------- ---- - _— -�_�r-N --- --- and , 3 . it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontrac under this contract the subcontractor certification uir e4J by ese n d i I ions . eA"_Zi!� 12' i nature of uthorized Repr sentative of idder) F - 1 f OS`�O 4697 DWI MIANICAL CORP. y 11 00 SOUND AVE. P.O. BOX 645 f� 50-791/214 MATTITUCK, NY 11952 Gj y– 42 € TO T atom: �•�i, (,r . r . m TO THE ORDER - . TICE � DOLLARS AN TH LL - � 1 FOF# - --- — — 006(�69 ?11' 1:0 2 L40 ?9 l 2i:II'4 2 -004 PROPOSAL FORM Energy Conservation etc . Southold Town Hall , Southold Police Station, Human Resources Center DATE : July 6th 1994 NAME OF BIDDER: BROMPTON SERVICE CORPORATION 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 1 1 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, And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fai 1 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 or 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 per' d. Signature of Bidder : Edqar Bendor (Pres) Business Address : brompton Service GORPO oT1[1N 11 SHEER PLAZA AINVlE��� NY 11 Rn� Telephone Number: (516)249-3933 Date: Julv 5th 1994 D - 2 Contractor Bids Contractors may bid on the various listed items . The Town of Southold reservestheright 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 Acoustical Tile Restoration $ 3 , 900 . 00 THREE THOUSAND NINE HUNDRED Electrical , Lighting $ 44 , 000 . 00 FORTYFOUR THOUSAND POLICE STATION Ductwork Modifications $ 1 , 800 . 00 ONE THOUSAND EIGHT MUNDRED HUMAN RESOURCES CENTER New Propane Space Heater $ 3 , 300 . 00 THREE THOUSAND THREE MUMBREB Name of Contractor brompton CO ro�ON 11 SHEER PLAZA PLAINVIEW, NY 11803 (516)249-3933 brompton Service CORPORATION ST?,TEME.IT OF NON-COLLUSION 11 SHEER PLAZA PLAINVIEW, NY 11803 33 (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 beim 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. E — 1 = R E S O L U T I O N .r Resolved that BROMPTON SERVICE CORPORATION be (Name of Corporation) authorized to sign and submit the bid or proposal of this corperation for the following Project: Energy Conservation - Lighting and related work 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 BROMPTON SERVICE CORPORATION corporation at a meeting on the Board of Directors held on the day of 191) (ScAL OF THE COR_DORATION) Laws of New York, 1963 Ch. 751, Sec. 103-d, as amended JUNE E. PIPITO 1 dffective September 1, 1965 +OTARY PUBLIC, State of New York No. 52-4836657 Qualified In Suffolk County LJ I Commission Expires February 28, 19 E — 2 NE'N YORK STATE AFFIRMATIVE ACTION CEATIFICATICN (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 BROMPTON SERVICE CORPORATION (Bidder) Certifies that : 1 . it intends to use the following listed construction trades in the work under the contract Electrical sub-contractor Plumbingsub- on ; and , 2 . a. as to those trades set forth in the preceding paragraph one hereof for whi ch i t i s el i gi bl a 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 : ElecIrical and plumbing ; 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 : Minority workmen are included in the labor force of Brompton Service Corporation and also of- sub-contractors , 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 . dUar B nd r (Sign ure of Authorized Representative of Bidder ) brompton service F - 1 CORPORATION 11 SHEER PLAZA PLAIINVIEW, NY 11803 (516)249-3933 ' THE AMERAN INSTITUTE OF ARCAECTS AIA Document A310 Bid Bond Bond No. NBE 019328 KNOW ALL MEN BY THESE PRESENTS, that we Brompton Service Corporation (Here insert full name and address or legal title of Contractor) 11 Sheer Plaza, Plainview, NY 11803 as Principal, hereinafter called the Principal, and National American InEurance Company 5550 W. Touhy Ave. , Skokie, IL 60077 (Here insert full name and address or legal tale o Surety) a corporation duly organized under the laws of the State of Nebraska as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) PO Box 1170, Town Hall, Southold, NY 11571 as Obligee, hereinafter called the Obligee, in the sum of 5% of the bid amount not to exceed Three Thousand and 00/100-------------------------------------------------------------- --------------------------------------------------------------------------------- ------------------------------------------------------ ($--3,000.00---), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Energy conservation and related work at (Here insert full name,address and description of project) Southold Town Hall, Southold Police Station, Human Resource 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 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 6th day, of July 19 94 Brompton Service Corporation n cipa4 (Seal) (Witness) (Title) National American Insurance Company (Surety) (Seal) (Witness) Francesca Pf,! attorney in fact 1�, l CAUTION: You should sign an original AIA decum�ni vnieh has this caution printed in red. � �. An original assures that changes will not be obscured as may occur wnen 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. NATIONAL AMERICAN INSURE COMPANY BOND OMAHA, NEBRASKA NUMBER NBE 019328 NAME, ADDRESS PRINCIPAL: POWER OF ATTORNEY CITY, STATE, ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETY PAPER WITH BROWN INK. DUPLICATES SHALL Brompton Service Corporation HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN 11 Sheer Plaza ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Plainview, NY 11803 Insurance Company, a corporation duly organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, EFFECTIVE DATE execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time. July 6, 1994 Resolved that nothing in this Power of Attorney shall be construed as a grant of CONTRACT AMOUNT authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of National American Insurance Company. $ --60,000.00---- Be It Further Resolved, that the signature of any officer and the Seal of the BOND AMOUNT Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make, constitute and appoint Francesca Papa its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign,execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if'such bonds and documents relating to such bonds were signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. e�9x ce,f4y� NATIONAL AMERICAN INSURANCE COMPANY, , SEAL A = •� //' a,,,,,,,, W. Brent LaGere, Chairman & Chief Executive Officer , STATE OF OKLAHOMA ). "EB"•S"� - COUNTY OF LINCOLN ) SS: On this.8th day of July,A.D. 1987,before me personally came W.Brent _aGere,to me known,who being by me duly sworn;did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman,and Chief Executive Officer of the National American Insurance Company,, the corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed tc the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. r CY OTA PUBLIC .. :. �N*fANO�'Nll .. -Notary Publicf' _ t STATE,OF OKLAHOMA ) ; SS (; coir co° -My Commission puts August 30,91995 COUNTY OF LINCOLN + ; 1t}I 11>tf, e:undersigne¢, Assistant..Secretary=oft�he•Natwnal an er�cInsurance Company, A Nebraska.trorpgratign, ISO 4 * GSE 'I�iFYithat;thc foregoing,Snd�attac�ed.' :POV1'ER OF.A�tORNEX-remains fin full foi`ee , C i` ; t t { Signed an�Sealed at the Clty�of Chandler t 6 i # " I +{ +t "f I° , `Dated th ! f t 1t � _��NINSV L f ! I ti fl it , s A _jt- ti +o_: �4t��o�roe,�� , 1� 3T 4t Il jj fl it t li v {I ' �ii,,��11 d- -z. i_. } I'•. a .:11. IF { lI lf: , �' ,l�t +I a° 4i S , !lnAe I {� State of.. S ss. County of c m 3 m On this day of 19 before me personally came .? 3 v o to me known, and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary Public ------------------------------------------- State of � ss County of c E On this day of 19 ,before me personally came E m ii c to me known and known to me c o to be a member of the firm of Q described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires --———————-———————————————————————— Notary Public State of of County of ss. On this day of �, c 19 before me personally came m o E l to me known, Cnc who being by me duly sworn,did depose and say that he is the the corporation described in an hick executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. FRANCES P^,PA Notary Public, to 91 New York No.48425 UBRV My commission expires Cert.Filed in y -------- ---------- Notary Pu is ---------------------------- State of County ofss. On � On this Co day f , 19 ,before me personally came q4 a m to me known,who,being by me duly sworn,did depose andthat 5 5 he is an attorney-in-fact of ` the corporation described in and which executed the (thin instrument;that he knows the corporate seal of said corporation;that the seal Q affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. TOBIN B. JACOBSON NOTARY PUBLIC, state of New York �— My commission expires No. 4970566 Quallifea-rn u o k Countq FORMa l� 2�` Commission Expires August 13, 19, ,1 Ic �. ANNUAL STATEMENT 'h OF THE S NATIONAL AMERICAN f INSURANCE COMPANY" 'Y {f z of OMAHA y.. 1r, �l in the h' STATE OF NEBRASKA TO T11E .�; Insurance Department OF THE s� STATE OF FOR THE YEAR ENDED ?;- DECEMBER 31. 1992 is Iix FIRE AND CASUALTY 19921 . 1 v uaaazlul,:l,lau pQ FIRE A110 CASOALIY COMPANIES ASSOCIAf10N (i)1110H • for.2 Ip�l��l l�l101'III�II�'IUI��4III��Y���IIIWIII�� Nett 1• e.", wt Cali of re<larKal t•(Aa•9el /•d of her lyata of I.l•r<n•tl.t toe Lal ler•1•aia,r. (Ir ppt�s at.. r /.til iltl S/((t lee<.((ONW�Iyy (wt NI.1 e1 Il!•{ a•1 ref Kltt et i• IAIt ai Nt, /f Nl aONtgrlalttr chNeN, aM 11 N cNtlnN tr�t,ra oattl�t awlil ll tta00021a`t•rt 10<:ail( t. ."Ir to t•ch I...r<rt 1. r.,P.ct to carrttONdu9 data .N NfaraatlN at tha CNttat.ar rtt•Ir t. ANNUAL STATEMENT For the Year Ended December 11. 1992 Of 11IE COIIOIf10N AND AFFAIRS Of IIIE National American Insurance Company MAIC Group Cock 1100 MAIC Coolplany Code 21661 fmployer's ID Number 41.0247100 Organized under the Laws of lite Stale of Nebraska . using as Lite Porl of Entry. aide to the INSURANCE DEPARTMENT Of TUE STAKE Of PURSUANI 10 TAE LAWS TIIEREOf Incorporated April 11. 1919 Coamenced Business October 23. 1919 S1agigry n990 West Oodge Road. Suite 206. O.aha. Nebraska 68114 l lomc U0 I c e - --- Main IOOO Manuel Avenue Atl.inistUI Chandler. Oklah(tma 141134 405.250.0004 Itail AddCCSS 1000 Manvel Avenue. Chandler. Oklahoma 74034 Primary Location 1000 Manvel Avenue of li ks and _ Nccurds Chan<licr• Oklahoma 74034 405.250-01104 Annual lSlaLe-Cal 1 405.25n•1228 Contact Iersnn and Nark laylor laden Phone ILmalerOFFICE Rs Chairman and Chief Executive Officer William Brent LaGere President Benjamin Thacker Walkingstick Vice President, CFO, Treasurer Mark Taylor Paden Secretary David Glenn McLane Assistant Treasurer/Assistant Secretary Winifred Ethel Mendenhall Assistant Secretary Robert Patrick Gilmore VICE PRESIDENTS Executive Vice President Brenda Bennett Pair Senior Vice Presfdent James Leigh Watson Richard Lee Evans Larry Bruce McMlllon James Edward Crysel Duane Laverne Little DIRECTORS OR TRus,rnis William Brent LaGere Robert Allen Anderson Michael Joseph Ougan James Mortyn Jacoby William Timothy Runyan Benjamin Thacker Walkingstick Mark Taylor Paden Slate K OgfdCMA Carl!K ....ala+........................... SS ".Ims.IkKu,tlaltlw9allet V(•l fres tlwli&-wo tl hart IC71pr fade ..................................................... ......................................................... ........Tr.................................... ....... htfidpl atlttw(sm curt' Ir<awrcr' M the aallmal A JCr 14SIeWe ewPuy ,Wof only sae,elm dWasts aha sass that that are tie abort eetvlbed NIICers K the said toWer,aha twat m tft mlrtyflrlt day Of eecobeC last,ail N the"k dt C shoo assets were IN abtNale Pace I of the said 1~0r.(rte Yd clear fm say lime or Clal•s t erem.NCcpI at wvla ualed, H that this a..tal StAtt(wt,to"W a10 related C.Mblls,sclaa(les aha C-Oautlms latrtlo cmUlsed,~.d m«forrel to art a fall aha int Stat Mt of all 11.assets Rad 1wiltIN mal of the C"tlp NQ effalrs of the said lower at o1 the thin'lint*1 of enwd ebor last,aof Its IKpt had das+ttlm@m al thVWrm for the year ed oe that data,rid ra•!n=o"teted M arrdrolwre dth tha MICatawal stator t I.slrwcllms stos.tly fractlem frecdrrn•awals e.ceat to ar the t.lpt that:Ii lstalt loar dllfer:r•l71 nut mal! er regtlatjmr..t(,p.l dll'fereKat la rovant 9 nal related to awtt.l t Kcwdta9 to the best of their latdaallm.Moded90 a.d belief,resocctlltlr. . ............. ._.............. J k.....�.... ................ ...... t r!!t t Q Naltlam SKrtla7 "' IrNwrtr• Lal Is this M orldlaal 1111.9! rn In.n OFFICIAL SEAL s.ascr{baa atl a--l0 Werent lhlf Sg 'r .•'.. �.:. - 1 ORRAINE S.l0Y tbt if«."u;I Kota the stow-(..-r 2 ler dFebruar •t,u 111 1 ilii Meta 1.. Y / Notary Public OWahoma� :...r._t.r.��.a..a.t.:..-✓.. r..y_. Uncolncounty • 1 , 11111 a. -.4 Her+a+...... W Gmw4Aaa Croats:9.27.94 Fora 2 ANNUAL STATEMENT FOR THE YEAR 1992 OF THE National Mierican Insurance Company ASSETS 411 - all 1. 6.6(14.6 1 4 item lity for 4.1-t t,"s(aws wth w qptlsl .................................................................. 80,14A,111S .......................................................................................................................... 1.1 C_stocks...............................*11111_11111111"11,11*11............................................. ................. 1. Xtq.,,t—,-r..I ostat................................................................................................................... 01.0 W."i 4.1 Ivopaell"acc.9W bY It-c-pasy(Ia%a 9 oabrr.ca I............................................................. a.? 0~tr,.tfa,t(1.11 1 4.*.br_"l.................. ............ ................ . S. Cel 144,W&I loaa..........................I................................................................................... .. .............. I 1.1 C&A.k..d-d-4.0-tt .....................................*-,**..........*.........................*"'**'*"*...... . . ....... .. 9-1-C"k'"t—ts................................. ...........*...... ts,231.161 1. OLOW lovostod A.Sats...............................**-*",**,"*..................... ............ . ..... ........... t. A"re"ce tor I-ated assets........................................................................................................ 64. SWatall,CaSk"d 14Mt4d 4969CS n1aft I to Ill .........................................*'***........*..............*"*......... 1. "t$'balexCeg a,"CGII-t4d 9Afkrwtws VA&qats'balaces Is CONU Of Collodlea..................................................................................... 4,412,165 4,40,411 1.2 Fralaos,agoots,bol"Ca ad 1.1tall.ats bookad W defrrd 4W as fat alle........................................................... 12.114,401 f.25/.162 1.3 Jc+.d raVoWdlov pr-1-5............................................................................................................ 1.6u.m 2.9n.sw ,a. 1-6 Held by aw dap"Ited-itit'el'soc'el cdowift............................................................................................ it. 41111.locollw*.t4k"(w Po"t's........................................................................................................... IZ. A.I.weace rara.W4blfs a lag 4*4 loss 60"t-at*-P"94 PlPlatt......................................................................... 1.631.430 41,1K 13. (adoral lacca to-reo~4ble................................................................................................................. a 0 14. (100—IC data W.MSUI SlatIP-at............................................................****...*........**"*...***...*............ IS. lateral,4t.t4w.&ad ral estate tecow&*a"scavqd..................................................................................... t,5/1,a12 I,Ol1,112 it. 0ac*4.obtf f—Prat,Sbswwles VA Affiliates............................................................................................ I".4v 132,W 11. (Willes wA 6WulU to pools sod Assodatlams................................................................................................ It. Aaatj mtkabit ovIaLl"to oolaisairal acddwA sad It"Ith 04ag......................................... a. AWVtq witc-los for~law k,*"od ossots........................................................................................... i,112,RS 1.10 it. low Itloat as tk*wf-lot............................................................................................................... 1114.114.130 CEIAItS Or Witiff-INS A=KC0C0 At I,W I M WVWjC AWS Not. ............................................................................................................................................... sw................................................................................................................................................ MI. ............................................................................................................................................... am................................................................................................................................................ MOS................................................................................................................................................ OM.Saaalry of ralatsq for Ll"I Ito evarflow Poll..................................... am. tolsts ttlats Sol wv OINK Plot"M Itaipe 1,tt"as.................................................................................. I • (PEAULS Or WAIC-14 AGMUND At LINE U(OR OM UM JWEVN ASKIS 20111-DI&CLI1144 MWIN'1411 rftVtvabte-SWWW 67 Coal,doo"Its ......................................................................... 1.1w.w1 am.Id"411aaaws rmt,ablu-Sao,vol......................................................................*........*,***.................... 21'"2 DW.lumartlad cwtitkatta of cootrit.11a I—1paruts assoctaticas........................................................................... 527,015 It C~w salt erq............................................................................. ............. .............................................................................................. IM.Songy Of Valid"witt-let for Lke 26(rave worno,OW.............................................................................. 4 on. 101*14 CLI41"mt taw M PI-9 am$(hp Z,1.1-4 263........................................................ ......................... l,lt2.,25 101(s%a 11-41 a Ws"to"M IItft(d4latt 1,Col.4. It.hok-I. St.A. - 1 form z ANNUAL STATEMENT FOR TIIE YEAR 1992 Of 111E National American Insurance Conpany LIABILITIES, SURPLUS AND OTHER FUNDS 7- 1. II 121tlacs0af 711, 1992 04Csaaf It,IHIl/,lcs,ur v,no.wW-S.ll.<xl.....................::..................... ............................................... ........ • 0la.aaafata.ce arable w aid faun(Sawa,.r,PM U4 taction 2.W-11 ........ 6.116,6U 9,111,4{!ytl•wt.gNita(Pall lA,C.I.a.i,flee x11................................................................ ........ 0 0.......................................... ........ I1,S1S,421Ca/l•1Nl caNltdwt 1`•a.nlr ta11K CNfp1...................................... Z1,/01,K2................ . 11.11)4. MOW e•Psin a•<Ida1 a•n,11<stn ad ant............................................................. S=,Iti0a.<t,ilcsin ad felt leacldl•q fdKal.d Irelp a<se a•n1 ...,......................................... 2x.600fdKal 04.6 frel•1 1•<ar ta.<+(ec1d1.1 befeffd la•nl ..................................................................... ......... 0 0.................I........... ......... 0........................... .............................. p............................ ............................. ................................. {,711,290 o. i.ttrnt, 1.<Idt.y t o w twfrwad soler.................. 92e,4x 9. UN n<V IrNINt(Part L�,ll•<N,COIN•5,1a(lK be6.f(Ae<f0ed ft at.fNCt Ntand prsll Nt«l 1„35,1104 1 I1. 10. 01.IdMt 6WAred ad.Nw14: 0 e ' ........................................ 0 <tl StatuesIden...................._................................................................... 1 01 Pe11cyNtsivf...................(........................................................................................................... it. (••ba N10 Or<o•at•!Ndaf rtl•tralCt Gnlln.............................. .................................................................. 0 0 12. NwHt ralWld r Maad M fAgsr far K<aNt.f allwrt............................................................... .................... I7•.hsltts rr N.•tnslcd MI•t.As.......................................................................................1 IS1,809 118.P-111s(r wKaMt ntNrlt•d nt.WW.Off SOW11.I.Part 26,Sffl7a 2............................................1 {1 all 221.710 ".000 . ................................... ................................... 14, hsltls 1`r rfl•NfNt1 Its-I).•1141....................... .... . IS. (•stat of atal.tory rnK N1`MK tl.tswl rntfvea e • (ScNd.le P 1•letra9nrfnl ..............•....••.........."........... 0 it. tw(sd2+tt.Nta i•s1iK6.b Iltbll ltln ae to fr.IP f•dw•O4 rlln ......................................................................... 0 0 it. troll(.wtat«dae.......................................................................................................................... SSs,200 1,25'000 ........................................................ 2. 10. payable to pubs',f.btlMKln.b af(1 list as.......................................... p I1. Payable 1`r,eprltln............................................ .............................................................................. • 0 ............... 0 20. llabllllr far rowlf N "der d.r wu l. fd atcldst ab Nait.ola++............................................................. ........ t.�.� Z,I1r,150 21. Apprepl.rrue•Lf to,liabilities......................... ............................................................................. 22. total itabfllttn nl.n 1 IlawOh 211....................................................................................................... 06,09O,s C 19,11/. 0 27. W".te a•-Ite'1•t(r special sat01w r.Ws.................................................................................................... 4.000.000 4,000,000 ........................................ ................................ 0 2u.Crew capital aleck..................................................... 246.Prtferrd Capital tleck.............................................................. ................................ 24C.Agprapce rrile-I.f for allwr that tpecal f.ryln lead'............... .......................................... ................................................................. .. 25.20,000 11,200,000 ZU.Got alb 1.lad wtrlald SAMNf.....t................................. ........ 4,46.69 M.Pualeadstlr.. (prplot)................................. ".......................................... M.int treaurr stock,at Cast0 111 .......................................... 0 0 Hurn to+om (rale IKIfOad Y Use tU 1 0 1............... 0 (2) 0 slum prt(w vd(.Clot I.cleded I.list 246 t 0 1....................................................... • 26. Sf.pl.t at«prat pelt, ,Ntders(lla.s Z1 tare Z56,lest ZSCI low 4,tlse 1 ............... .......... 34,16S,S46 25,r6,169 104,226,930 V. 109ALS(Pap Z,it"It) ................................................................. ..............................:..................... 12(.,65{,1(.2 KIAIIS 0r latlil•ll6 A404G1(C At lIK It 101MAGIt12IlS ...................................................... 1.360,02.1 - Z,i%.ISO Zt01.Ombdts from pollt,Oldders ticerUl(state pnalw pysalts l saw a011ptloms......... 0 0 t102. ....................................................................................................................".................... 0 210). ........................................................ 0 ................................................................._..................._... 0 ......................................................... 0 Z10t........................................................................................ 0 6 2105. ..................................................................................................................... O 0 ......................................................................... 2110.Swary K rwaisl.11 ritt•tas for 11.6 It ifs(.fuer 0494......••• 1%.150 2199. WA(S felts list tMs tt(b pin JIM 1`110(Pape 11`'lot all.................................................................................... l,%O,OZ7 I, 0(Wt%or All(-Iaa 1OOt44AIto At 1114?11`011 S9CCIAl SWLVS MAM • • 2701. ...................................................... 0 0 :........................ 2702. ......................................................._ p 0 1107. ................................................................................................................................................ 0 2204............................................................................................................... 4 ................................... 0 • 2,pS................................................................................................................................................. e o 2)10.SN•ary of romdsl.l 6610.1.6 far Lt"U from ster(lor pap.................................................................................. 0 0 2)11. WAS(lists 110t taro 2105 Was ZM1 Mot 1,Ube 711......,............................................................................. KIa1lS or lalt(•lab 0=641111)At lIK 14C(06 001111 WAN SKCIAC gon"S f010S I • IK01. ................................................................................ • .................................................................................... • 24c43................ .......................................................................... O 24(K. ................................................................................. ZKOS................................................................................................................................................. 0 0 2K16.S-4r1 of rwswn-Ice-tat for ties 14C ftw t<rf los afe................................................................................. 0 0 24Cn. IOI/CS Maes 24(01 tuts 14COS pies ZK161(toe 1,ll•t 24C)............................................................................... t PROPOSAL FORM DATE: 7/5/94 NAME OF BIDDER: Avey Electric, Inc. ' P 0 Box 1429, Patchogue, NY 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 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 anv. Dreoared 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 Contractor Bids Contractors may bid on the various listed items . The Town of Southold reserves ;tH4 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 Acoustical Tile Restoration N / A $48 , 630 .00 Electrical, Lighting Forty Eight Thousand Six Hundred Thirty POLICE STATION Ductwork Modifications N / A HUMAN RESOURCES CENTER. New Propane Space Heater N / A Name of Contractor Avey Electric , Inc. i STAT�MT OF NODI-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. r 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 perscn, 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 sila-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. j i And he further agrees that if this proposal shall be accepted by l the Town and that if he shall refuse, fail or neglect to enter into 1 a Contract pursuant to such proposal and to the requirements of the 1 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 s-um represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages ; otherwise the .certified check sha•11 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 reject this proposal or by mutual agreement may extend this ti per" d. Signature of Bidder : QAV� Z N v 4 Business Address : pn Box 1429 Patchogue, NY 11772 Telephone Number: 758-2839 Date: 7/5/94 0 - 2 i � = R E S O L U T I O N Resolved that Avey Electric Inc. be (Name or Corporation) authorized to sign and submit the bid or proposal of this corperation for the following Project: Energy Conservation, Full Spectrum 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 5th day of i July 1994 (SEAL OF THE CORPORATION) S 'M PROS- S, Laws of New York, 1963 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 i E - 2 I i NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATICN (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._F1 ectri Tnc Certifies that (Bidder) 1 . it intends to use the following listed construction trades in the work under the contract All work by Avey Electric ;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 II , 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 administering agency prior to the award of any subcoWrei der this contract the subcontractor certificatby these d Conditions. Au orized Representative of Bidder) PAUL- S - IWONOsc) F - 1 - Bond #000716-F BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN By THESE PRESENTS, that we AVEY Electric Inc. P.O. Box 1429 as Principal, hereinafter called the Principal, and Patchogue,_ New York 11772 Contractors Casualty & Surety Company 1911 Richmond Avenue a corporation duly organized under the laws of the Stateto ten Island, NY 10314 as Surety, hereinafter called the Surety, are held and firm) New York Y New unto Southold Town Board Town Hall as Obligee, hereinafter called the Obligee, in the sum o1 Five Percent of the Amount Bid Not to Exceed $2,500. fr+r ti,e payment of which sum well and truly trators, successors and assigns, jointly and seve albs, �,am�' the said Principal and the said Surety, bind ours�Dolllsr o($ 2,f500• y by these presents. )• executors, adminis_ W NEREAS, the Principal has submitted a bid for energy conservation improvements Southold Town Hall NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee ante with the terms of such bid, and give such bond or bonds as may surety for the faithful performance of such Contract and for the y be specified in the bidding or Contract Documents with in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall in accord- ance Payment of labor and material furnished in the proseocoudt(on�hereoficor ference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obli ee m faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and voidy tOblige may bligee the ood full force and effect. g may in good o remain in Signed and sealed this 6th day of July l9 94 AVEY 1 ctric, I c. (P D ) (Witry ) > (Seat) (Title) �! Contractors Casualty .& Surety Company (Surety) (Wi ) (Seal) Revised to February,1970 JO �. GG c Sib 5711b Printed In U.S.A. t"r'e) h Corney- n- ac S. ACKNOWLEDGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF NPni Work COUNTY OF Suffolk ss: On this 6th day of July 19 94 before me personally came Paul J. Avenoso to me known, who, being by me duly sworn did depose and say that he resides at Patchogue, NY that he is the President of AVEY Electric Inc. the corporation described in and which executed the foregoing 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 the eto by like order. JANET",FOg7-0 3 r a�s{�a`r New York NOTARY PJB-i �� " Notar Public No.4Sufflo23 � (} Qualified in Su#'ioik Coun `1 Commission Expires August State of New York County of Suffolk ss: On this 6th day of July 19 94, before me personally came Joyce A. Gerech to me known, who, being by me u y duly sworn, did depose and say that he is an attorney-in-fact of W 14 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.4643523 Qualified in Suffolk r9G G� My commission expires Commission Expires August Notary Publi Power#41001-N9 00659 CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Certified Copy Bond No. 000716E 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.,HICKSVI LLE, 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 asthe,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.",. AN 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 5YAN� _ r ; 4 SEAL,cc � 1991 Robert W.Adler, Sr.,President 0 h 6 Y� Ndi , 0,J Powers invalid rf Jast five nwnbars in upptr left cornu an not in RED. fir _ W; -- 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 of Now York No.434956057 Qualified in Richmond 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 S,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 witit 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 6th day of July 19 94 (Seal) S�PL�Y A/Vps / ty Q PO G Helen R Adler,Secretary 1991 � yFw b 6�N r 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 ,887,254 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 $25.00 Fee (not refundable) Postage: $2.90 BID - ENERGY CONSERVATION PROJECT BID OPENING: 10:00 A.M., Wednesday, July 6, 1994. 1. Town Clerk's copy. (without plans) 2. Dodge Reports (without plans) 3. Brown's Letters (without plans) 6/20 4. Brompton Service Corp. , 11 Sheer Plaza, Plainview, NY 11803, 249-3933 Herbert Jacobs 6/23 5. Gene Heacock, 3515 Cedar Beach Road, Southold, N.Y. 11971 765-5279 6/24 6. J.R. Home Improvements, 36 South St. , Greenport, NY 477-2904 6/29 7. Avey Electric Inc. , PO Box 1429, Patchogue NY 11772, Fred Klein, 758-2839 6/30 8. All Service Electric, Inc. , 1000 Central Ave. , Woodmere, NY 11698-825-0169 Jack Gathard 6/30 9- Kolb Mechanical Corp. , P.O. Box 645, Mattituck, NY 11952- 298-5527 7/5 10. Efficiency Contractor, 104 Midville Rd. , Northport, NY 11768 - 757=8822 - Ken McRobb 11. 12. DANIEL KARPEN PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE HUNTINGTON,NEW YORK 11743 (516)427-0723 June 16 , 1994 Judith Terry RECIVEQ Town Clerk Town of Southold P . 0. Box 1179 Southold, N. Y. 11971 Southold Town Clerk Dear Judith: Please find enclosed a list of electrical and HVAC contractors to send a bid notice for the work for the Town Hall and for rebidding the gas fired furnace for the Human Services Building and the ductwork modifications to the Police Station. In addition to those contractors on the enclosed list , any contractors who picked up a set of specifications and plans should also be given the opportunity to know of the work. Yours truly, IA?l Daniel Karp�n Additional Names of Contractors Popkin & Sons 7 Engineers Drive Hicksville, N. Y. 11801-6520 All Service Electric 1000 Central Avenue Woodmere , N. Y. 11598 Schiavone Electric 88 Woodbury Road Hicksville , N. Y. 111801 Mr. Electric 420 Broadway Hicksville, N. Y. 11801-5049 Brompton Service Corporation 11 Sheer Plaza Plainview, N. Y. 11803 Discenza Electric 488 Merrick Road Lynbrook, N. Y. 11563 Avey Electric Inc . P . 0. Box 1429 Patchogue, N. Y. 11772 Glenn Soffler Dynaire 134 Herricks Road Mineola, N. Y. 11501 All Island Heating and Air Conditioning Parkside Avenue St . James , N. Y. 11780 All Weather Temperature Controls 35 Court Street Copaigue, N. Y. 11726 S . A. Fink Associates 286 Newtown Road Plainview, N. Y. 11803 rti •Bidders Ost 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 Central Islip, N. Y. 11722 Gene Heacock 3515 Cedar Beach Road Southold, N. Y. 11971 Tel.(516)249-3933 Fax.(516)249-5126 brom pton service 11 SHEER PLAZA COR►ORATION PLAINVIEW,NEW YORK 11803 Equipment for Technical and Vocational Education June 15, 1994 Southold Town Clerk P.O. Box 1179 Southold, NY 11971 Enclosed please find our check for $27. 90 ($25 fee +$2.90 postage) . Would you please send Plans & Specifications for Town Hall Electrical and/or other energy conservation work at your earliest convenience. Thank you very much. Sincerely yours, RFCFrM Herbert Jacobs JUN 1 7 1994 SoutFwid town f'1o, ENGINEERING EDUCATION INDUSTRIAL ARTS VOCATIONAL EDUCATION r _ I - STATE OF NL YORK) SS: UNTY OF SUFFOLK) r6b1nGz. �0� of Mattituck, in �'�>�3l7tif3d y,d said County, being duly sworn, says that he/she LEGAL NOTICE TO Bi®atsS, is Principal Clerk of THE SUFFOLK TIMES, a PROJECT: ENERGY CONSER- Weekly Newspaper, published at Mattituck, in VATITOWN H — SON HOLD ROAD, the Town of Southold, Count of Suffolk and TOWN HALL, MAIN ROAD, Y SOUTHOLD, NEW YORK, State of New York, and that the Notice of which SOUTHOLD POLICE STA- TION, MAIN ROAD, the annexed is a printed copy, has been regular- C, NEW YORK,AND HUMAN RESOURCES ly published in said Newspaper once each week HUMAN CENTER, SOUND AVENUE, for I weeks successively, commencing on MATTITUCK,NEW YORK. t WORK CONSISTS OF NEW I the ;2_> day of 19CIA. LIGHTING FIXTURES,DUCT- )f WORK MODIFICATIONS, NEW PROPANE FIRED ;e SPACE HEATER, AND )e n�, �,-J,,�LJV ACOUSTICAL .TILE )n CHRISTINA VOLINSKI `•Yl/1�,(�I I RESTORATION. 1try papilc,State of New Ywk Principal Clerk The Town Board of the Town of No,�r0048U Southold will receive bids for fur- E Ckol fled in Suffolk nishing all labor,materials,and equip- '�°ep jselon t�O ment as specified for alterations to the 1> Southold Town Hall, Southold Police rk Ore Station, and the Human Resources _ -- - day of 19 Center, in accoraance wait'prepared a Drawings and Specifications prep by Daniel Karpen. Professional Engineer&Consultant.P.C.,3 Harbor Hill Drive,Huntington,N.Y.11743. l Bids wil be received at the offices of the Southold Town Clerk,Southold Town Hall, 5309•Main Road, Southold,New York 971 11R6100 10+ A.M.prevailing time,July 6, 1994, opened and the will be p which time y 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 STATE OF NL YORK) lowest responsible bidder. The Town of Southold reserves the ) SS' right to waive any informalities,and to Relltb NTY OF SUFFOLK) reject any or all bids,or to accept or ��� reject certain listed items,and to hold nQ, of Mattituck, in open bids for 120 days from the date of bid opening.This work is subject to said County, being duly sworn, says that he/she a possible Not-For-Profit Energy is Principal Clerk of THE SUFFOLK TIMES, a Incentive Program energy conserva- tion matching grant from the New Weekly Newspaper, published at Mattituck, in York State Energy Office-The CON- TRACTOR SHALL NOT withdraw the Town of Southold, County of Suffolk and his bid during this period. Bid Security in the form of a cer- State of New York, and that the Notice of Which tified check or Bid Bond in the amount the annexed is a printed copy, has been regular- of 5%% of the Base Bid will be required for each bidder. y 1 published in said NewsP aper once each Week Performance and Payment Bonds in for I weeks successively, commencing on the amount of 100% of the Contract Price will be required of the successful the day of 19C?4. bidder for any contract in excess of $20,000. A walk through for the convenience of contractors wishing to bid will take 'M I abe^ place at 10:00 A.M. at Town Hall on CHRISTINA VOUNSKI :ab oL,W J� June 30.1994. NOtm Public,State of New fork Principal Clerk Dated:June 14.1994 No.50048M BY ORDER OF THE 5Otralified in Suffolk SOUTHOLD TOWN BOARD Ort es'1110 f By:Judith T.Terry Southold Town Clerk a ore 7975-1TJu23 -- day of 19 I LEGAL NOTICE COUNTY OF SUFFOLK NOTICE TO BIDDERS STATE OF NEW YORK ss: PROJECT.Energy Conser- vation, Southold Town Hall, Main Road, Southold, New Patricia Wood , being duly sworn, York,Southold Police Station,, says that she is the Editor, of the Main Road, Peconic, New TRAVELER—WATCHMAN, a public York, and Human Resources newspaper printed at Southold, in Center, Sound Avenue, Mat- tituck, New York. Suffolk County; and that the notice Work consists of new of which the annexed is a printed lighting fixtures, ductwork copy, has been published in said modifications, new propane Traveler—Watchman once each week fired space ..heater, and for acoustical tile restoration. , , , , , , , , , , , , , , , ,., , , , , , , . .weeks The Town Board of the Town o'f Southold will receive succe i�ely, commencing on the 'bids for furnishing all labor, materials, and equipment as specified for alterations to the ` Southold Town Hall,Southold Police Station,• and the days, of . . . . . . . . . . . . . . . . . . . . , Human Resources Center, in 19. . . . . accordance with the Drawings and Specifications prepared by Daniel Karpen, Professional . . . . . . . . . . . . . . . . . . . . . . . . . . . I' i= Engineer,&Consultant, P.C., - 3. Harbor Hill Drive, Hun- from the date of bid opening,. tington, NY 11743. This work is sub p t tQ a'possi Bids will be received at the ble Not-For-Profit Energy In- offices of the Southold Town centive Program energy,con- Clerk, Southold Town Hall, servation matching grant from S ori to before me on this the New York State Energy 53095 Main Road, Southold, . . . 3. . .day o f New York 11971 until 10:00 Office. The CONTRACTOR SHALL NOT withdraw A.M. prevailing time, July 6, bid during this iod. his 1994, at which time they will g . . . . . . . . . . . . . . . . . . . be opened and the bids read Bid Security in the form`of a certified check or Bid Bond aloud. A fee of twenty-five in the amount of 5% of the ($25.00),cash or check,:made Base Bid will be'required for payable to the Town of each bidder. Southold will be required for Peformance and Payment i one (1) set of the Contract Bonds in the amount of 100% . . . . . . . . . . Documents. of the Contract Price will be Notary Public This invitation to bid is not required of the successful bid- an offer and shall in no way der for any contract in excess BARBARA IL SCHNEIDER bind the Town of Southold to of$20,000• NOTARY PUBLIC,State of New Yak award a contract for the per- A walk through for the con No,4806846 award ce contract the project. venience of contractors Qualified in Suffolk P j wishinCommission Expires 3/ Should the Tbwn of Southold g to bid will take place decide to award a contract, it at 10:00 A.M.at Tbwn Hall on shall be awarded to the lowest June 30, 1994. responsiblebidder. Dated: June 14. 1994. The Town of Southold BY ORDER OF THE reserves the right to waive any SOUTHOLD TOWN BOARD informalities,and to reject any or all bids,or to accept or,re- By: Judith n Terry ject certain listed items,and to Southold Town Clerk 4 hold open bids for 120 days 1X-6/23/94(62) h 6 I STATE OF NEW YORK) COUNTY OF SUFFOLK)SS: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 17th day of June 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, Bid #2, Energy Conservation, Town Hall, Police Headquarters, Human Resource Center. Bid opening: 10:00 A.M. , July 6, 1994, Southold Town Clerk' Office. —74-2� Judith�To Southold wn Clerk Sworn to before me this 17th day of June 1994. l4btary Public LINDA,J.COOPER Notary Public,State of Now York No.4822563,Suffolk County "Perm Expires Dec"nber 31,19v 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 , DUCTWORK MODIFICATIONS, NEW PROPANE FIRED SPACE HEATER, 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 , July 6, 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 `June 30, 1994 . Dated : June'14, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By : Judith T . Terry Southold Town Clerk Page 2 - Energy Conservation PLEASE PUBLISH ON JUNE 23, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 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 Dodge Reports Brown's Letters 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 , DUCTWORK MODIFICATIONS, NEW PROPANE FIRED SPACE HEATER, 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 , July 6, .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 stall 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 June 30, 1994 . Dated : June*14, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD h By: Judith T. Terry Southold Town Clerk i Page 2 - Energy Conservation PLEASE PUBLISH ON JUNE 23, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 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 Dodge Reports Brown's Letters AL NO ICE f� 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 , DUCTWORK MODIFICATIONS, NEW PROPANE FIRED SPACE HEATER, 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 Yorke 1.1971 until 10 : 00 A. M. prevailing time , July 6, .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 `June 30, 1994 . Dated: June'14, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By: . Judith T. Terry Southold Town Clerk Page 2 - Energy Conservation PLEASE PUBLISH ON JUNE 23, 1994, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, 53095 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 Dodge Reports Brown's Letters SFEC2F=CAT20NS ENERGY C ON S ERVAT =ON FULL— SPECTRUM POLAR= ZED L2GHTT1%qG AND RELATED WORK SOUTHOLD TOWN HALL SOUTHOLD POLICE STATION HUMAN RESOURCES CENTER THOMAS H. DTIC SUPERVISOR ERVIS R TOWN OF SOUTHOLD P. O. BOX 1179 tl SOUTHOID, 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 June 14 , 1994 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 New Propane Fired Hot Air Furnace I Ductwork Modifications I Division 16 Electrical Fixtures 3 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 , DUCTWORK MODIFICATIONS, NEW PROPANE FIRED SPACE HEATER, 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 , July 6, .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 June 30, 1994 . Dated : June'. 14, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By : Judith T . Terry Southold Town Clerk Y 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 of her faci 1 i t i es , & to perform al 1 1 abor and servi ces 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 - 1 D . PUBLIC OPENING OF PROPOSALS, Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids . Bidders , there authorized agents , and other interested parties are invited to be present . E . AWARD OF CONTRACT Award of contract will be made as soon as practical . a contract may be awarded to a responsible bidder other than the lowest money bidder , if it is in the best interest of the Town . No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 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 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 hundre.d 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 Y 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 in-terlineation , 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 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 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 . Dreoared 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, 3 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 Acoustical Tile Restoration Electrical , Lighting POLICE STATION Ductwork Modifications HUMAN RESOURCES CENTER New Propane Space Heater Name of Contractor And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse , fail or neglect toenter 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 : Telephone Number: Date: D — 2 • ST�TE`� TOE NON-COLLUSION (To be Completed by Each Bidder) effective al Law, eff olitical In accordance with Section 103-d reonosal hereaferal ter made to a P 1966, every bid or p P genc;r, 'or official Septemger 1, public department, ao agency or official thereof subdivision or the tdistrict oranyg Dods sold or thereof or to a performed or g the bidder work or services performed or to be • � statement subscribed to byeT ury, sold, shall contain the following penalties of P and affirmed by such bidder as true under the non-collusive bidding certification. each person signing on bid, each bidder and ' bid, each A• By submission ofdder citifies, and in the case of a joint enalty or behalf of any b' organization, under P thereto certifies as to its °`�e and belief: party i without perjury, that to the best of knowle ende_.t_y at indep for the n this bid nave been arrivedat agreement, (1) The prices i- communication, �latiao to consultation, as to any matter r` collusion, r tin„ competition, purpose of res�r_c C bidder or any competitor. such prices with any other required by law, the prices which here been (2) Unless otherdise req gly disclosed by the gl been disclosed by the bidder Prior to quoted in this bid have not been knowino bidder and will not know Y to any other bidder or to opening, directly or indirectly, any competitor. - to induce made or will be made bythe subm; t or not (3), Jo attempt has bee -artnership, or corporationg competition• any other person, P to submit a bid for the purpose of restricting ro osal certifies that he has fully person signing this bid or P P of the statements contained B. The p � ; regarding the accuracy the statements contained in t- rs infor ed himse-_ and u�de_ affirms the truth Prtifiand n' r the penalties of perjury, in this c..- as well as certification, and under g aovlicable to the bidder, thereof , such penalties being the person silt==ing its behalf. in is a certified copy if a corporate bidder) v the C. That attached hereto (i g the e-Cecution of this certificate by of resolution authorizingro osal in behalf of the corp signator of this bid or P P E - R E S O L U T I O N Resolved that be (Name of Corp¢ra'tion) authorized to sign and submit the bid or proposal of this corpr_ration for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to fon-collusion required by section one-hundred-three-d (103-d) of the General Kun;cipal 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 (SF-XL OF TEE C01LPORATION) Laws of New York, 1963 Ch. 751, Sec. 103-d, as amended dffective September 1, 1963 E - 2 NEW YORK STATE AFFIRMATIVE AcrT(W r5-Wr FTCATTCN (TO BE CCMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting -contract: BIDDER 'S CERTIFICATION Certifies that : .(Bidder) 1 . it intends to use the following listed construction trades in the work under the contract ; and , 2 . a . as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it wi 11 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 I I , 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 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document U10 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) 4- 1 CAUTION: You should sir)n an original Ala dccum�nt -inich has this caution printed in red. y An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A310• 810 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. OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work , the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed : ( Bidder ) CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company . In the event that the above Proposal is accepted and the contract for the work is awarded to said ( Bidder ' s Name ) the (Surety Company ) will execute the Surety Bonds as herein-before provided . Signed : Authorized Official , Agent or Attorney Date : IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. 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 s AIA Document A201 General Conditions of the Contract for Construction TF115 DUCC.lmvr HAS LtfPORT,-NT LEGAL CO.V,SL•'QL'FACES: COASGLTAT1U.%' W7TH A.V ATTORAWY 1S E:VCOLWAGED tr7TH RESPECT TO ITS.NODIFIC:I TION 1987 EDITION TABLE OF ARTICLES I. GENERAL PROVISIONS ' 8. TIME 2. OWNER 9. PAYl1ENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918. 1925. 1917, 1951, 1958, 1(X1, 1W)3, 1960. 1067, 1970, 1976,©1987 by The American institute of Architects, I 73 1; New York Avenue.N.W.,Washingion,D.C.,20006.Reproduction of the material herein or substantial yuutation of its provisions without Written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecununs. 1 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 AIAa •':)1987THE AMERICAN LYSTITUTEOFARCHITECTS.1735NEW YORK AVENCE.N.w.WASHINGTON.D.C.2txhd, A201-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subiect to legal prosecution, s INDEX Acceptance of Nonconforming Work . . . . . . . . . 9.6.6,9.9.3.12.3 Building Permit .. .. . . . . . . ... . .. .. . . . . .. . .. . . . ..... . 3.7.1 Acceptance of Work .. . . . . .. .. . 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization.. .... .. . . . .. ... .. . . . . . . . . . . . . . . . . . . . . . 1.4 Access to Work. . . . . . . . . . . . . . .. .. . . . . . . . . . 3.16,6.2.1, 12.1 Certificate of Substantial Completion . . . .. .. .. . . . . . . . . ... 9.8.2 Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 4.2-3, 10 Certificates for Payment. . .. ... 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions . . . 3.2.1,3.2.2.3.3.2,3.12.8,3.18,4.2.3,4.3.2. 9.6.6, 9.7.1,9.8.3,9.10.1. 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.3.9. 8.3.1, 10.1.4. 10.2.5, 13.4.2, 13.7. 14.1 Certificates of Inspection,Testing or Approval . . . . . 3.12.11, 13.5.4 Addenda .. . . . ... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1,3.t l Certificates of Insurance . 9.3.2.9.10.3, 1 IA.3 Additional Cost,Claims for. . .. . . . . . 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Change Orders. . . . . . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8.4.3.3,5.2.3, Additional inspections and Testing. . . .. . . 4.2.6,9.8.2, 12.2.1, 13.5 7.1, 7.2, 7.3.2,8.3.1,9.3.1.1, 9.10.3, 11.3.1.2, Additional Time.Claims for. . . .. . . .. . . . . 4.3.6,4.3.8,4.3.9,8.3.2 11-3.4. 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . . . . . . . 3.3.3.4v 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.t 1,4.2.8.7,;4.3.1.9.3.1.1, 10.1.3 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 Claim,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.1 All-risk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.1.1 Claims and Disputes . . . . . . . 4.3,4.4.4.i,4.2.5,8.3.2, Applications for Payment . . 4.2.5.7.3.7,9.2,9.3,9.4.9.5.1,9.6.3, 9 3.1-2. 9.3.3, 9 10.-1, 10.f.4 9.8.3,9-10.1, 9.10 3. 9.10.4. 11.1.3, 14.2.4 Claims and Timely Assertion of Claims 4.5.6 Approvals . . . . 2.4,3+3-3.3-5.3-10.2. 3.12.4 through 3.12.8,3.18-3. Claims for Additional Cost. . . . . . . . 4.3.6,4.3.7,-*..i+,),4.1.1, 1 u.3 4.2._. 9.3.2. 1 1.i1.4. 13.4.2, 13.5 Claims for Additionai Time. . . . . . . . . . . 4.i.6.4.3.8, 3 3.9,8.i.? Arbitration . . . . . . . . . . . 4.1.-+.4.3.2,4.3.4,4.-t.4,4.5, Claims for Concealed or Unknown Conditions . . . . . . 4.3.6 8.i I, 10 l'. 1 1.3.9, l 1.3.10 Claims for Damages. . .3.1x, 4,3.9,4.1.1.0,.i.x.i 22I ,9.i.I. , 10 .4 Architect . . . . . . . . . . . . . . . . . . . .Extent o4.1 Claims Subject to Arbitration. . . . . . . . . . . . . i i 2, ,.4.4.4.i 1 Architect.Ex Architect. tinitof of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.1 Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . 3.15,,,.3 :\uihoriry. . . . . . . . 2.4.3.12.6,4?,4.3.2.4.3.6. Commencement of Statutory Limitation Period . . . . . . . 13.7 4.4. 5?. 6.3, -.'1', '.2.1. 7.3.6, '.4, 9.2. 9.3.1, Commencement of the Work.Conditions Rclaung to . . . 2.1.2, 9.4. 9.5, 9.0,3,9.8.2.9.8.3,9.10 1,9.10 3, 12.1, 12.2.1. 2.2.I. 3.2.1, j.2.2, 3.-.I, 3.111 I. 3.12.t,. 4.3 -, i.2.1. 13.5.1. 13.i 2, 14.2.2. 14.2.4 6.2.1. 4.1.2. 8.2.2. 9.2. I I.1 i, I 1_i 6. 1 1.4.1 Architect.I.intiritions(if Authority and Responsibility . J.3.3. 3.12.x, Commencement of the Work.Detinitu:n cur . . . . 8.1.2 3.12.1 I. -+.1.2. 4.2.1, 4.2.2, 4.1.i, 4.2.6, 4.2.7. 4.2.10, 4.2.12, Communications Facilitating Contract 4.2.13, 4.3.2. 5.2.1, 7.4, 9.4.2,9.6.4. 9.6.6 Administration 3 9 I.4.2.4,i._'.1 Architect's Additional Services and Expenses . . . . . . . . . . 2.4.9.8.2. Completion,Conditions Relating to . . . . i 11, i I i.4.2.2,-1.2.9. II.i.I.I. 12.2.1. 12.2.4, 13.5.2, 13.5.3. 14.2.4 4.3.2. 9.4.2. 9.x. 99 1. 9.111. 11.3.i. 12.2.2, li l 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. r.3 i 2.8 1.1.S.1.3,8.2.3. Architect's Approvals 2.4,35.1,3.1 U.2.3.12.6.3.12.8,3.I8.i,4.2.7 9.x. 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 4.3.',3713.4.1.1. 10.2.2, t 1.1, Architect's Copyright . . . . . . . . . . . . . . . . 1.3 11.3, 13.1. 13.i 1. 13.5_'. 13.6. 14.1.1, 14.2.1.3 Architect's Decisions.: . . . . . . . . 4.2.6.4.2.7,4.2.11. +.2.12,4.2.13, Concealed or Unknown Conditions. . . . . . . . . . . . . . . . . . . . . 4.3:6 4.3.2, 4.3.6, 4.4.l. 4.4.4, 4.5. 6.3. 7.3.6, '.3.8, 8.1-3. 8.3 1, Conditions of the Contract . . . . . . . . . . . . . . . . . . I.1.1. 1.1.7,6.l.1 9.2.9.4, 9.5-1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2. 14.2.4 Consent,Written . .. . . . . . . . .. .. . . . . 1.3.1.3.12.8.3.1-+.2.4.1'. Architect's Inspections . . . . . . . . . . . 4.2.2.4.2.9,4.3.6,9.4.2,9.8.2. 4.3.4, 4.5.5, 9.3.2, 9.8.2.9.9.1, 9-10 2. 9.10.3.10.1-2, 10.1.3, 9.9.2, 9.10.1, 13.i 11.3.1, 11.3.1.4. 11.3 11. 13.2. 13 -4.2 Architect's Instructions. . 4.2.6.4.2.-,4-2.8,4-3.7,7.4.l. 12.1,13.5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's interpretations. . . . . . . . . . . . . . . . . 4.2.11,4.2.l 2,4.3.7 CONTRACTORS . ... . . ... . . . . . . . . . . . . . . . . . . . . . 1.1.4.6 Archite'ct's Oil-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.t, 13.5 Construction Change Directives . .. . 1.1.1,4.2.8,-.1.7.3,9.3.I.1 Architect's Projcct Representative 4.2.10 Construction Schedules,Contractor's . . . . . . . . . . . . . . 3-10.0 1.3 Architect's Relationship with Contractor . . . . . . . 1.1.2,3.2.1.3.2.2, Contingent Assignment of Subcontracts 5.4 3.3.3. 5.5.1, 3.7.3,3.1 1, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3. -+.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 L3.7, 12A, 13.5 Contract,Definition of. . ... .. .. . . . . . . . . . . . . . . . . . . . . . . 1.L_ Architect's Relationship with Subcontractors. . . . 1.1.2,4.2.3,4.2.4, CONTRACT, TERMINATION OR 4.2.6, 9.6.3, 9.6.4, 11.3.7 SUSPENSION OF THE . ....... . . . . . . . .. . 4.3.7,5.4.1.1,14 Architect:s Representations. . . . . . . . . . . . . . . . . 9.4.2,9.5.1,9.10.1 Contract Administration . . . . . ... . . . . . . . . . . . . . 3.3.3,4,9.4,9.5 Architect's Sitc visits. .. . .. . . 4?.2,4.2.5,4.2.9.4.3.6,9.4.3,9.5.1, Contract Award and Execution,Conditions Relating to . . . . . . 3.7.1, 9.8.2,9.9.2. 9.10.1. 13.5 3.10, 5.2,9.2. 1 1.1.,3, 1 1.3.6. 1 l.4.I Ashestos . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 10.1 Contract Documents,The 1.1, I.2,7 Attorneys'Fors . .. .. ... ... ... . . . . . . . . . . 3.I x.l,9.10.2, 14.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3.2.2.5,i.3 Award of Separate Contracts. ... . ... .. . .. . . .. . . . . . . . .. . 6.L 1 Contract Documents,Definition of . . ... . . .. .. .. ... . . . . . 1.1.l Award of Subcontracts and Other Contracts for Contract Performance During Arbitration. . . . . .. .. . . . 4.3.4,4.i.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, 11.4.I Contract Sum,ihfinition of. . . .... . . . . . . . . . . . .. . ... . . . . 9.1 Boiler and Machinery Insurance . . .. . . . ... . .. . . . .... . 11.3.2 Contract Time . . . . . ... . . . ... . . . 4.3.6,4.3.8,4.4.4.7.2.1.3,7.3, Bonds.Lien . .. . .. ... .. ....... ... .. . . .. ... . . .... . . 9.10.2 8.2.1,8.3.1.9.7, 12.1.1 Bunds.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 CONSTRICTION•FOURTEFUNTH EDITION 2 A201-1987 AIAa •01987 THEAMERiCANINSTiTUTEOFARCIiiTECTS,1735NEWYORKAVENUE.N.W.,WASHiNGTON.D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to 1e941 prosecution. ; 7 1 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, 11.1.1, 14.2.1.1 Contractor's Construction Schedules . ... ... . . . . .. 3.10,6.l.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, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13. 3.15.1,4.2.7, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1. 14.2.1.1 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, 9.5, 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.L2,3.2.1.3.2.2. Extensions o6Time . . . . . . . . . . . . . 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 3.31, t.i.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 . . . . . . . . . . . . . . 9.5.1.3. 1-+.2.1.2 5?,6.2.2. '.3.•+. 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 11cpresewanons. . 1.2.2.3.5.1,3.12.-,6.2.2,8.2.1,9.3.3 Fault•Work(See Defective or Nonconforming work) Contractor's Itcspunstbilit for Those Final Completion and Final Payment . . . . . . . . 4.2.1,4.2.9,4.'1- Pcrtornungthe Work . . . . . . . . . . . . . . . . . 3.1.2.3.18.4.2-3. 10 4.3-5.9.10, 11.1.2. 11.1.3, 11.3.5, 12.3.1, 13.' Contractor's Rcyicw of Contract Documents . . . . . . 1.2.2.3.2, 3.7.3 Financial arrangements,Owner's. . . . . . . . . Contractor's(tight to Stop the Work . . . . . . . . . . . . . . . . . . . . . . 9.7 Fire and Extended Coverage Insurance . . . . . . . . . . . . . . . . . . . 11.3 Contractor's fttght to I'crnwiate the C.m[ract 14.t Contractors Suhnuuals 3.1,,.3.1 1,3.12.4.2.7.5.2.1.5.2.3, GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (i. �A. 9.3.1. 9.8.2. 9.9.1, 9.30.2, Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.1 9.10.3, 10.1.2. 11.4.2, 11.+.3 Guarantees(Sec Warranty and 1,Varrantics) (ontraca,r s Supennrendent . .. . . . 3.9. 10.2.6 Hazardous Materials. . ... . . . . . . . . . . . . . . . . . . . . . . . 10.1, 10.2.+ Contractor'.Sttperyuion and Cunstruc:;on Procedures. . . . . . 1.21.-4, Identification of Cuntract Documents . . . . . . . . . . . . . . . . . . . 1.2,1 3 3. 3.+, +.2.3. 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers . . . . . . . . . . . . . 5.2.1 Contractual Liabilm tnsurancc. . . . . . . . . . . . . . . . . 1 l.l.l.?, I L2.1 Indemnification . . . . . . . 3.17,3.18,v Io.2, to.1.+, 11.3.1.2. 11.3.' Coordinatam and Correlation 1.2.2, 1.2.4.3.3.1, Information and Services Required of the Owner. . .. . 2.1.2,2.2, 3.10, 3.12.7, 6.1.3,6.2.1 4.3.4,6.1.3. 6.1.4.6.2.6, 9.3.2. 9.6.1.9.6.4.9.8.3, 9.9.2, Copies Furnished of Drawings and Specifications . . . 1.3,2.25,3.11 9.10.3, 10.1.+. 11'. 1 1.3. 13.5.1, 13.5.2 Correction of Wurk . . . . . . . 2.3,2.4, 3,2.1,9.8.Z, Injury or Damage to Person or Property . . . . . . . . . . .. . . . 4.3.9 . . . . . . . . . 9.9.1, 12.1.2. 12.2, 13-7.1.3 inspections. . . . . . . . . . . . . . . . . . . . . . . . . 3.3.3, 3.3.+.3•-.1,4.2.2. Cost.Definition of . . . . . . . . . . . . . . . 7.3.6, 14.3.5 4.2.6, 4.2.9, +.3,6. 9.-+.2. 9.8 2, 9.9.2. ').10.1. 13 5 Costs . . . . 2.+.3.2.1,3.'.4.3.8'.3.1 i.2,4.3.6.4.3.',4.3.8.1,5.2.3, Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.l 6.1.1,6.2.3,6.3,7.3.3.3.'.3.6. <.',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, 12.1, 13.5 2 111.1 i. 111.4, 11.3.9. 12.1. 12.2.1, 12.2.4, 12.25, 13.5. 14 Insurance. . . . . . . 4.3.9.6.1.1,'.3.0.+.9.3•..2.9.83.2.9.9.1.9.10_'. 11 Cutting and Patching. . . . . ... . . . . . . . . . . . . . . . . .. . 3.14,6.2.6 Insurance,Boiler and Machinery 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability . . . . . . . . . . . . . . . . . . . . . . 11.1 6.2.4,9.5.1.5, 10.2.1.2. 10.2.5, 10.3. 1 1.1, t 1.3, 12.2.5 Insurance,Effective Date of 8.2.2. 1 1.L_ t , , Insurance,Loss of Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3.3 Damage to the Work . . . . . 3,I4._, ).).I, 10._.1._. 10.2.5, 10.3, 11.3 . 11.2 Damages,Claim.-;for. . 3.l8,4.3.9.6.1.1,6.2.5,8.3.2,9.5.1.2, 10-1.4 Insurance,Owner's liability. . . . . . . . . . . . . . . . . . . . . . . . . Insurance,Property. . . . 10.2.5.11.3 Damages for Delay. . . . . . . .. .. . 6.1.1,813,9.5.1.6.9.' . . . . . . . . .. Date of Cummencemcnt of the Work.Definition of. . . . . . . . . 8.1.2 Insurance,Stored Materials 9.3.2. 1 1.3.1.+ Date of Substantial Completion,Definition of. . . . . . . . . . . . . . 8.1.3 INSURANCE AND BONDS . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 11 Day.Definition of. . . . . . . .. . . . . . . 8.1•+ Insurance Companies.Consent to Partial Occupancy . .9.9.1. 11 i,l 1 Decisions of the Architect . . . .. . 4.2.6.+.2.7,4.2.11,4.2.12,4.2.13, Insurance Companies.Settlement with. . . . . . . . . . . . . . . . . 1 1.3.10 4-3-2.-t.3-6. 4.4.1, 4.4.4, 45,6.3. -.3.6, 7.3.8. 8.1.3, 8.3.1,9.2• Intent of theCuntract Documents . . . . . . . . . . . . . . . 1.2.3. 9.ti,9.5.1.9.8.2.9.9.1. 10.1.2, 135.2. 14.2.2, 14.2.4 2 -4.2.-. > > , Decisions to Withhold Certification . . . . . . . . . 9.5,9.7, 1+.1.1.3 Interest.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.6 Drfecoye or Nonconforming Work, Acceptance, Rejection and Correction of . . . . . . . . . ... 2.3,2.4,3.5.1,4.2.1, Interpretation. . .. . . . . 1.2.5, 1.4,1.5,4.1.1.+.3.1.5.1.G.1.2.8.1.+ 4>.6, 4.3.5,9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written . . . . . . . . . . . . . .. . . . 4.2.11.4.2.12.+.3 Defective Work,Definition of . 3.5.1 Joinder and Consolidation of Claitns Required . . . . . . . .. . . . . 4.5.6 ,• - � , 3. 1 2.2 1 2. Judgment on Final Award . . . .. . .. . . . .. . .. 4.5.1,4.5.4.f,4.5.7 Definitions. . . ... l.l,_.1.1,3.1,3.5.1,3.1_ 1,3.1__,3.1-3,4.L1, 9 -4.3.1, 5.1,6.1.2, 77.2.1,7.3.1,7.3.6,s.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!, 3.12.2. 3.12.3. 3.12.7, 3.11.1 1, 3.1 3, 3.15.1, 6.1.1.6.2.3, 7.2.1, 7.3,1, 7.3.4, 7.3.5, 7.3.8, 4.2.',6.2.1. 7.3.6,9.3.2.9.3.3, 11.2.4, 14 7.3.9, 8.1.1.8.3, 10.3.1, 14.1.1.+ Labor Disputes . . . . . . . . . . ... . . . . . .... .. . . . . . . .... . . . 8.3.1 Disputes . . . . . . . .. . . . 4.1.4,4.3.4.4.4.5,6.2.5,6.3.7.3.8,9.3.l.2 Laws and Regulations . . . . . . . 1.3.3.6.3.7,3.13.4.1.1,4.5.5.+.5.7, Documents and tramples at the Site . . . . . . ... . .. .... . .. . .. 3.11 9.9.1, 111.2.2, 11-1. l 1.3. 13.1, 13•+, 13.5.1, 15.5-2. 13.6 Dfawangs,Definition of . ... . . .. . . . . . . .... . . . . . . . . . . . . 1.15 Liens . ... . . . . . . . . . . . . . . 2.1-2.4.3.2.4.3-5.1.8-2-2.9.3.3.9.10.2 Drawingb and Specifications.Ilse and Ownership of. . .. . 1.1.1, 1.3, Limitation on Consolidation or Joinder 4.5.5 2.2.5. 3.1 1. 5.3 Linutations.Stawtcsuf . . . . . . . ... .. . .. . . . .. . . 4.5.4.2. 12.2.6, 13.7 Duty to Review Contract Documents and Field Conditions. . . .. 3.2 Luntta[tuns of Authority. . . . . . . . . .. . . . . .. . . . 3-3-1--4-1-2-4-2-1. Effective Date of insurance.. .. .... . . .... ........ 8.1.2, 1 1.1.2 4.2.3, 4.2.7,4.2.10, 5.2.2, 5.2.4. 7.4, 11.3.111 AIA DOCUMENT Ant •GENERAL CONDITIONS OF THE CONTRACT FOR CONST.RCCTION•FOURTEENTH EDITION AIA' IS 19n7 THE AMERICAN INST1Tt:TE OF ARCHITECTS,1735 NEW YORK AVENUE.V.W.,WASHINGTON.D.C.20(x)35 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3 I 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',, 3.18, 4.2.6. 4.2.7,4.2.12,6.2.2,9.4.2. 9.6.4,9.10.4, Award Separate Contracts 6.1 10.1.4. 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work. . . . . . . . . . ... . . . . . . 2.3,-1.3.7 Limitations of Time.General . . . . . . . . . . . 2.2.1,2.2.4,3.2.1,3.7.3, Owner's Right to Suspend the Work . . . . . .. .. . .. . . . . ..... 14.3 i.8._, 3.I0, ;.125. 3.l5.t, 4.2.1,4.2.?, 4.2.t 1, 4.3.2, Owner's Right to Terminate the Contract . . . . . . . .. . . . . .. .. 14.2 4.3.3, 4,j..8-2)3.6, 4.3..1 -5. 3.2, .1?.1, 5.2.3,6724+, 713.4, 3 2. Ownership and Use of Architect's Drawings, Specifications 8.2.9.5.9.6.2,9.8,9.9.9.10, 11-1.3, 1 1.3.1, 1 1.3.2, 11.3.i, and Other Documents. . . .. . . . . . . . . . . . t.t.t,1.3,2.2.5,5.3 11.3.6, 12.2.1, 12.2.2, 13.5, t 3.? Partial Occupancy or Use . . . .. . . . . . . . . . ... 9.6.6,9.9, 1 1.3.I I Limitations of Time,S ecific , , Patching,Cutting and . . . . . . . .. . . . . . . . . . . . . . . . . . 3.14,6.2.6 P . . . . .. . . . 2.1.2,__, 1._4,3.10,3.11, Patents,Royalties and . . . . . .. . . . . . . . . . . . .. . . . . . .. .. . 3.17 3.t i.1, 4,2.1, 4.2.11. 4.3. 4.4, 4.5. 5.3. 5.4, 7.3.5, 7.3.9, 8.2, Payment.Applications for 4._.5.9._ .9.3, )9.2.9.3.1.9.3.3,9.-.1. 9.6.1.9.7,9.8.2,9.10.2. 11.1.3. 11.3.6. +. I I.3.IU, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7. 14 9.r.I.9.8.3, 9.10.1,9.10.1, 9.10.4. 14.2.4 Payment,Certificates for . . . . . . . . . . 4.2.5.4.2.9,9.3.3,9.4,9.5, Loss of Use Insurance . . . . . . . . . . . . . . . . . . .. . . . . . . .. . 11.3.3 9.6.I, 9.6.0. 9.- I. 9.8.3, 9.10 1. 9.1 n.3, 13.7, 14.I.t.3. 14.2.4 Material suppliers .. . . . . . . . . . . .. 1.3.1,3.12.1,4.2.4.4.2.6.5.2.1. Payment,Failure of. . . . . . . . . . . . . . 4.3.-,9.5.1.1 . . . . . . . . . . . 9.3.1,9.3.1 ',9.3.3,9.4.2,9.6.5,9.10.4 9.7, 9 10.2. 1.1.1.1.3, 1-+.2.1._ Materials.Hazardous ' . 10.1. Io._.-r 1':nmcn + +. r.Final . . . 7777 . . . +.2,1, .1.9.+i.1, 3.;,9.10. l 1.1.2. Materials.Labor.Equipment and . . . . . 1.1.3, 1.I.6,3.4.3.5.1,3.8.2. 1 1.1.3, l 1.3.5. 13.3.1 3.11.2. 3.12.3, 3.12.7, 3.12.11. 3.13. 3.15.t, 4.2.7, 6.2.I. Payment Bond,Performance Bond and . . . '.3.(,.-+. .3.0, 9.3.3.9.3.3. 12.1.-+. 14 9.l i 1 3. 1 1.3.9. 11.4 Mcans. kIctliodi. Techniques. Sequences and Pacmcnts.Pre>gress +.3.4.9.3,9.6. 'n,c'cdurrs of Construction. . . . . . . . . . 3.3.1,4.2.3,4.2.7.9.4.2 v.4 ;. 9.10 3, 1 3.0. [-+.2.3 Minor Changes in the Work. . . . . . . . . . 1.1.1,4.1.8.4.3.7,7.1,7.4 PAYMENTS AND COMPLETION9 1 MISCELLANEOUS PROVISIONS . ., . . . . . . . . . . . . . . . . . . 7 7 7 13 I'ac mcnts to suhruntracu>rs 7 7 7 7 . 5.4.3,9.5+1.3.-4 . Modifications.Definition of . . . . . . . . . . . . .. .. . . .. . . . . . . . 1.1.1 9.6_'. 9.0 3, 9.6.4. 1 1.3.8. 1+.1.1.3 Modifications to the Contract 1.1.1, 1.1.3,3.7.3,3.11, PCB. . . . . . . 10.1 4.1.2. 4.2.1, 5.3.3, 7,8.3.1, 9.' Performance Bond and P:n rncnt Bond- . . 7.3.6.+, . . . . . . . . . . . . Mutual Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 6.2 9.10 A- 1 1.3.9, 11.4 Nonconforming Work,Acceptance of . . . . . .. . . . . . . . .. . 12.3 Permits,Fees and Notices . . . . . . . 2.2.3.3.7,3.13.-.3.t;.+. Io.2.2 Noncontorming Work.Rejection and Correction of . . . . . . . . 2.3.1. PERSONS AND PROPERTY,PROTECTION OF . . . . . . . . 10 4-3-5. 9.5.2, 9.8.2, 12, 13.7.1.3 Poh•chlorinawd Biphenyl . . . . . . . I0.I . . . . . . . . . . . . . . . . . . . . . Notice. . . . . . . . . . . . . 2.3.2.4. 3.2.1.3.2.1,3.-•3.3.74, 3.9,3.11.8. Product Data.Definition of. . . . . . . . . . . . . 3.11' 3.12.9. 31.1', 4.3. +.4.4, 4.5, 5.1.1. 5.3, 5.4.1.t, 8.3.2,9.-r.1. Product Data and Samples,Shop Drawings 3.1 1.3.12, +.1.- 9.5.1,9-6-1,9.7, 9.10, 10.1.2, 10.2.6, 1 1.1.3. 11.3. 13.2.2, Progress and Completion +2.2,4.3.4,8.2 12.2.4. 13.3, 135.1. 13.5.2. 14 Progress Payments . . . . . . , . . . . . . . . 4.3.4.9.3. Notice,Written 2.3.2.4,3.9,3.12.8.3.12.9.4.3, 9.6, i.8 3, 9.to 3, 13.6. 14.2.1 4.-+.-1. 4.5. 5.2.1, 5.3, 5.4.1.1, 8.2.1,9.4.1, 9.5.1.9.7, 9.10. Project,Definition of the. . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.4 10.1.1. 10.2.6, 1 l.t.3, 11-3. 12.3.2, 12.2.4, 13.3, 13.5.2. 14 Project Manual,Definition of the . . . . . . . . . . . . . . . . . . . . . . 1.1.7 Notice of Ti-Ning and Inspections. .. . . . . . . . . .. . . . 135.1, 13.5.2 Project Manuals > - . . - 7777 . . . ._._.� Notice to Proceed.... . . . . . . . . . . . . . . . . . . . ... . . . . . .. . . 8.2.2 Project Representatives . Notices,Permits,Fees and . . . . . . 2.2-3,3.7,3.13,%.3.6.4, 10.2.2 Property Insurance 10 2.i.11.3 Observations.s,architect's On-Site . . . . . . . . . . . . . . . . . 4.2.2.4.2.5, PROTECTION OF PERSONS AND PROPERTY . . . . . . . . . . . ., 10 4.3.0.9.4.2,9.5.t.9.10.1, 13.5 Regulations and Lav:s . . . . . . . . . . . . 1.3. 3 6,3 7.3.13.4.1.1.+.5 5. Observations.Contractor's. . . . . . . . . . . . . . . . . . . . . . . 1.2.3. 3.2._2 4.5.'. 10.2.2. I I.I. 11.3. l 1.1. 13 4. l i.i.1. 13.5.3. 1 3.6. 14 Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . 9.6.6,9.8.1,9.9, 1 1.3.11 Rejection of Work . . . . . . . . . . . I . . . . . . . . . . 3.;.1.4.2.0, 11.2 On-Site Inspections by the Architect . . . . . . . . . . 4.2.2.4.2.9.4.3.(1. Releases of Waivers and Licns. 9.10.1 9.4.2.9.8.3, 9.9.2. 9.1U.l Representation; . . . . . . . . . . . . . . . . . . . . 1.1-2.3 i 1. 3.13.7. On-Site()hscrvations by the architect . . . .. . . . . 4.3.1.4.1.5.4.3.6. 6 3.2. 8 2.1. 9 < 3, v.+.2. 9.5.1, 9.8.1,9.1 o.t 9.4.2, 9.5.1, 9.10.1. 13.5 Representatives. . . . . . . . . . . . . . . . . . . . 2.1.1. 3.1.1. 3.9, Orders,Written 3.3,3.9.4.3.7,',8.2.2. l 1.3.9, 12.1. 4.1.1. 4.2.1. +._.10. 5.1.1, 5.1.3. 13-2.1 11.1 13.5.3, 14-3.1 Resolution of Claims and Disputes . . . . . . . . . . . . . . . . . . 4.4,4.5 OWNER. . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . . .... .. . .. 2 Responsibility for'rhose Performing the Work . .. . . . . . . . . . 3.3 .3, Owner.Definition of ..... . . . . . 2.1 4.3.3,6.1.1.6.'2. lU Retainage . .. . . . . . . . . .. . . 9.3.1,9.6.2.9.8.3,9.9.1.9.10.2-9.10.3 Owner,Information and Services Required of the. . 2.1.2. Review of Contract Documents and Field 2.2. 4.3.4,6,9, Io.I.4, 1 1.2, t 1.3, 13.i. 14.1.1.5, 14.1.3 Conditions by Contractor. . . . .. .. . . . . 1.2.2.3.2,3.7.3,3.1 3.7 Owner's Authority . ... . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.t. Review of Contractor's Submittals by '7777•3.1,8.2.3,9.3.1, 9.3.3, 11.4.1, 12.2.4, 13.5._', 14.3, 14.3.1 Owner and Architect .. S.11).1. 3.102,3.11.3.1_0, t 1w•ncr s Financial Capahiiit} . . . . . . . . . . . . . .. .. . . 2.2.1, 1-4.1.1.14,3,7, 4.2.9. 5.3.1. 172.3, 9.2. 9.8._0 Owner's Liability Insurance ...... . . . . . . . . . . .. . . ... . . 11.2 Review of Shop Drawings, Product Data Owner's I.o.,s of Use Insurance. . . . . .. . . . . . .. . . . . . .. . .. 11.3.3 and Samples by Contractor. . . ... . . . . . . . .. . . . . . . . . . 3.115 Oevner'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._G, 4.3.6, 4.5, 5.3,6.1.6.3, 7.3.1.8.3.1.9.5.1.S.t, J.., 01.2.5, Owner's Right to Carry Out the Work... . .... 2.4, 12.2.4, 14.3.2.2 .. 10.3. 12.1.2. 13.3.4. 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•FOCRTEE'..NTH EDITION 4 A201-1987 AIA • 19"7 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE.N.W,WASHIN6TON,D C _nNwoh WARNING:UnlieMsed photocopying violates U.S.eopyAgM Inw•s end Is subject t0 Isval txossevtWet. _.- _- 7777 _. - .�._, .�..�..,r•..�i• 4.5.2 Suspension b the Owner for Convenience . .. . . ... . . . . . 14.3 Rules and Notices for Arbitration . . .. . . . .. . . ........ . . • • 4.3.7,5.4.2, l a.l.l.4, 14.3 Safety of Persons and Property . . . .. . .• . • • • • ••••• , • 10.2 Suspension of the Work . . . .. ... . . . Safety Precautions and Programs . . . . . . . ... . 4.2-3,4.2.7,10.1 Suspension or Termination of the Contract . .. . . . 4.3.7.1.4.1.1, t Samples.Definition of . . .. ..... . . . . . . . . ... . . . . . .. . . . 3.12.3 Taxes . . . . .. . . . . .Contractor . . . . . . . . . . . . . . . . . . 3.6,7.3.6.4 the 7 Termination by Samples,Shop Drawings,Product Data and . . . 3.11,3.12, .2. Termination by the Owner for Cause. . . . . . .. • • • . 5.4.1.1,14.2 Samples at the Site,Documents and . . . . . . . . . g,2,9 3•l Termination of the.architect . . . .... . . . . . . . . • • • • • • • • • • 4.L3 Schedule of Values . . . ... . . . . . .. . . . . . . . . . . . . . . . . Schedules,Construction . .. .. . . . . . . . . . . . . . . . . . . . . . 3.10 Termination of the Contractor . . . . . . . . . . . . . . . . . . . . . . . . l a.2._ Separate Contracts and Contractors . . . . . . . . . . 1.IA,3.14•2.4•2•4, TERMINATION OR SUSPENSION OF THE CONTRACT . . . . . . 14 4.5.5, 6, 11-3-7. 12.1.2, 12.2.5 Tests and Inspections . . . . . 3.3.3,4.2.6,4.2.9,9.4-2, 12.2.1,13.55 Shop Drawings.Definition of. . . . . . . . . . . . . . . . . . . . . . . . . 3.12.1 TIME .. . .. . . . .. . .. . . .. . . . . . . . . . . . . . . . . . . Shop Drawings,Product Data and Samples . . . . 3.11.3.12,4.2.7 Time,Delays and Extensions of ;.i . . . .- . . .3 4.3-8,1-.2.1.3 8.3 Site.Use of. .. ... ... . ... .. .. . . . . . . . . . . . . . 3.13.(6.01,6.2.1 Time.2.1,51.2.1 1!f4 3, 4.4. -4.5. 5.3, 5.-1. ".35, -.3.9. 8•2.9.2. 9.3.1, Site inspections . . .1.2.2. 3.3.4.4.2.2.4.2.9,4.3.6.9.8.2.J.10.1. 135 \nits.Architect's . . . . . . . . . . . . -j.2.21,-4.2.5.4.2.9,4.3.0. 9.3.3, 9.4.l.9.G.l. 9.7, .3.L i. 9.10.2. 11.1-3, 1 1.3.6, 11 3.10. Site 9.4.2. 9.5.1. 9.8.2. 9.9.2.9.10.1, 13.5 I1 . 13.2.2. 13.2.+. l3'.6. li_ l4 special Inspections and Testing . . • • 4.-,.6, 12.2.1, 13.5 Time Limits on Claims. . . . . . . . . 4.3._.4.3.3,4.i.6, +.�`3 ,•y.3 3 . . . . . . . . . . . . . . . . . . . . . . . . . Specifications,Definition of the. . . . . . . . . . . . . . . . . . . . . . . 1.1.6 Title to\r/1>r 12 Specifications,The . . . . . . . . . . t.t.l.1.1.6, I.l l.2.4. i.3.3.l I UNCOVERING AND CORRECTION OF WORK .12 1 3 ' Uncovering of Work Staaues of Limitations . . . . . . . . . . . . . . . . . . . . 4.i.0.8 3.l. l0.1 2.;,4.i.-.9-. 10.1_2, 10.3, 14.1 Unforeseen conditions StupphtJt the Work. . . . . . . . . . . . . -. j Stored Materials . . . . . . . . . . . 6.=.1.1 3.2, 111.3.02, 1 1.3.1.4, 12.1.4 Unit Prices . . . . . . . . I.t.I. l 3.3._2.5.3 12.-.5.; 5.t.t Use of Documents . . . subcontractor.Delinitiun of. . . . . . . . . 3.13,(2.I.l.0.3.l SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Use of Site . . . . . . . . . . . . 9.2,9.3 1 Subcontractors,Work be . . . . . . .' . . . . . . . . . 1.2.4,3.3.2,3.12.1, Values,Schedule of 4.3.5,-1.5.L 9.10.3 + , ; 5.3. 5.4 Waiver of Claims:Final Payment l 3.4.2 . . . . . . . Subcontractual Relations . . . . . . . . . . . . . 5.3, i.4,9.3.1.2.9-6-2, Waiver of Claims by the Architect 4.0.3,9.6.4, 10.2.1. 11.3.-. 11.3.8. 1.4.1.1, 14.3.1..2. la.i.1 VGaivcrofClaimsb}'[heContactor. . 9.10.�. I1 .i.1 13.3.2 - - , Waiver of Claims by the Owner +.?.;,+.�.0 9.9 3. . . . . . . . . . . . Submittals .. . . . . . . . 1.3,3.3 i.3.10.3.11.3.1 4.2. ,�._•1.5._i• 9.It).i. 11.3 3, 11.35, 11.3.-. 13.4 -.3.0.9.2.9.3.0 9.8.3. 9.9 1. 9.10.2.9.10.3, 10.1.3. 11 1.3 Waiver of Liens. . . . . . . . . . . . . . . . . 9.10.2 Subrogation,Waivers of . . 4 . . 6.l.t. 11.3.5,11.3.7 6.1.1. 1 1.3.5, t 1.3.7 • . . . . . . . . ... � Waives of Subrogation . . . . . . . Substantial Completion. . . . . . . . . . . . . ., _ _.9.4.3.5. ,K.l.1.K.1.3 S.2.3.9.8, 9.9.1. 12.2.1. 12.2-2. 13.- Warranty and Warranties .i ; t 9 ; i.8.3. 9,9 1. 12.2.2. 15.-A-3 l.3 9.8 l { Substantial Completion.Definition of. . . . . . . . . . . . . . . 4.3.13.3 . . . . . . . . . . . . . . . . Substitution of Subcontractors . . . . . . . . . . . . . . . . . 5.2.3.5.2.4 Weather Delays . . . . . . . . . . . . . . . . 4.5.4 substitution of the Architect. . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 When Arbitration May Be Demanded . , t.l.3 Substitutions of Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.1 Work,Definition of . . . . . . . . . 1 + 1 3.12.8.3.14.. . I?. 1 j.4. 5.02 Written Consent . . . . . . . . . . . . I . Sub-subcontractor.Definition of . . . . . . . . . . . . . . . . . . . . . . . 45.5.9.3.2.9 8_2. `).9.1. v.10.2.9.10-3. 10-1-3 l0.l.3. Subsurface Conditions 4.3.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13.2 I l.3 1. l 1.3.l.4, 11.3.1 1, 13', l 3.4.2 Successors and Assigns Written inter relations . . . . . . • • • • . 4.22.11,{.'.13,4.3. Superintendent .... .. .. . . . . .. . . . . . . . . . . . . . . . . . 3.9, 10.2.6 p ".3.2.4.3.9,3-1-1.8.3.12.9,4.3.4.4.4. Supervision and Constriction Procedures . . . . . . 1.2.4,3.3,3.4. Written Notice . . . . . . . . - 4.5, 5.2.1. 5.3, 5.4.1.1. H.2.2. 9.4.1,9.5.1.9--9.10, lU.l 2 4.2.3. 4.3.4.6.1.3,6.2.4. -.l.i, 7.3.4,8.2.8.3.1. lit. 12. la 10.2.6. t 1.1.3. 11.3, 12.-.-. 12.2.4, 13.3, 135.2. l4 Soret} . .. . . . . .. . . . . . . 4.4.1,4.4.4.5.4.l._,9.10._,9.10.3, 14._._ i.�.4.3.-, _.3.. ) 8.3.1. 1 l.3 9, 1'_.1. 13.2. 13.5.?. 14.3.1 Surety.Consent of. . . . . . .. .. . . . . . . . . . . . . . 9.9.1.9.10.2.9.1(1.3 Wriucn Orders. . . . . . . . survevs. .. ... . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 2.2.2.3.18.3 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION A201-1987 5 AIA• • 1997 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK.w'ENL'E.N.W.,WASHINGTON.D.C.altiiXi WARNING.unlicensed photocopying violates U.S.copyright laws and is subieet to legal prosecution' GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 men(, 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 Specificadons. 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 and The Contract Documents shall be signed by the Owner the Contract, other documents listed in the Agreement and and Contractor a provided h the Agreement. If either the Modifications issued after execution of the Contract. A Modifi- Owner rat , the Architect 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 pardes, (2) a Change Order, (3) a Construction Change menu upon request. Directive or(4)a w-rtren order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site,become famil- Agreemcnt, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documcnts 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 herero and supersedes prior negotiations, required only Mille extent consistent with the Contract Docu- representations or agreements, either written or oral. The Con- orients and reasonably inferable from them as being necessary tract may he amended or modified only by a Modification.The to produce the intended results. Contract Documents shalt not be construed to create a contrac [ual relationship of"any kind(1)between the Architect and Con- 1.2.4 Organization of the ent of into divisions,sections tractor, (2) between the Owner and a Subcontractor or Sub- and articles,and arrangement of Drawings shall not control the suhcontractor or(i)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The ArchiteC[ shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK 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 be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fuifill 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 [tie 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[he Contract Documents may he the whole ora suhcontractor or material or equipment supplier shall own or part and which may include construction by the Owner or by claim a copyright in the Drawings. Specifications and other separate contractors. documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall he returned or suitabiv 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 ulcs and diagrams. by [he Architect, and copies thereof furnished to the Contrac- 1.1.6 THE SPECIFICATIONS tor, are for Lose solely with respect to this Project. They are not to he used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the 5 01.1957 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.2rox)i WARNING:Unlicensed photocopying violates U.S.copyright hws and Is sublee to legal prosecution. a 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 ocher documents the Contractor will be furnished, free of charge,such copies of prepared by the Architect. Submittal or distribution to meet Drawings and Project Manuals as are reasonably necessary for official regulatory requirements or for other purposes in con- execution of the Work. rection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved 2.2.6 The foregoing are in addition to other duties and respon- rights. sibilities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion)and Article these which are(1) specifically defined, (2) the titles of num- 11 (Insurance and Bonds). bered articles and identified references to Paragraphs,Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or (3) the titles of other 2.3.1 If the Contractor fails to correct Work which is not in documents published by the American Institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails.to carry out 1.5.1 In the interest of brevity the Contract Documents fre- Work in accordance with the Contract Documents,the Owner, qucnil•omit modifying words such as"all"and"any"and arta- by written order signed personally or b% an agent specifically so cics.such :is "the- and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contras article is absent from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for not intended to attect the inrcrpretatiun of either statement. such order has been eliminated: however• the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 if the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance With the Contract Documents and fails the Agrecn)cnt and is referred w throughout the Contract within a seven-day period-after receipt of written notice from Documents:ts if-,ingular in number. The term "Owner" means the Owner to commence and continue correction of such Elie(hyncr or the Ow•ner"s authorized representative. deftult 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 :t second it)the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second Seven- rcleyant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to com- enforce mechanic's lien rights. Such information shall include a mence and continue to correct any deficiencies, the Owner correct st-.ttcment of the record legal tide to the property on may, without prejudice to other remedies the Owner may which the Project is located, usually referred to as the site,and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall he issued deducting from payments then or Agreement cued, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of such change in title• recorded or unrecorded. ciencies, including compensation for the.architect's additional services and expenses made necessary by such default, neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REOUIRED OF THE OWNER the Contractor are:both subject to prior approval of the Archi- tect. If pavments then or thereafter clue the Contrictor arc not 2.2.1 The Owner shall, at the request of the Contractor, prior sufficient to coyer 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 trade to fulfill the Owner's obligations tinder the Contract.ffole. Unless such ruasonable ARTICLE 3 evidence were Jtor-uished oil request prior to the execution of /he A.kre•t•r)ent, llx, pros/xsaire confreictur would not W CONTRACTOR requir•cal to c:ymide the Agreement or to commence the Work./ 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION charatcteristics• 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 ,hall secure and pav for necessary approvals,easements,assess- representative. AIA DOCUMENT A2ol •GENERAL CONDITIONS OF THE CONTRACT FOR Co.%STRUCTiON•FOURTEENTH EDITION AIA• • PAO THE AMERICAN INSTITUTE OF ARCHITECTS,I735 NEW YORK AVENUE,N.W.WANHi.NGTON•D.C.2(XXJ6 A201-1987 7 WARNING.Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecudon. v 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner anti Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 4nd 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,inconsir Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the ments, including substitutions not property 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 insuf icient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrt:- wear and rear 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 cake field measurements and verify 3.6.1 The Contractor shall pay sales,consumer,use and similar forld conditions and shall carcfuily compare such Heid 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 n Contractor with the Contract Documents before commencing negotiations cocluded, whether or not vet 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 The 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, suant to Paragraph 3.12. the Contractor shall secure and pay for the building permit and otherpermits and governmental fees, licenses and inspecnuns 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the %York. which are aistomarily secured after execution of the Contract using the Contractor's best skill and attention. The Contractor and which are legally required when bids are received or nego- shall he solely responsible for and have control over conscruc dations concluded. tion nutans. methods, techniques, sequences and procedures 3.7.2 The Contractor shall cotnpiv with and give notices and for coordinating all portions of the Work under the (:on- required by law's, ordinances. rules, regulations and lawful tract. unless Contracr Documents give other specific inscruc• orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 "('he Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain [hat 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 Contractor shall not be relieved of obligations to per- Contract Documents are at variance therewith. the Contractor Form the Work in accordance with the Contract Documents shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate either by activities or duties Of the Architect in the Architect's Modification. administration Of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and 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 ',C'urk mine that such portions are in proper condition to receive sub- and shall bear the attributable costs. Sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract DOcumrnts, 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 persons or entities as the Owner may direct,but the Contractor mens, tools, construction equipment and machinery, water, shall not be required to employ persons or entities against heat, utilities, transportation, and other facilities and services which the Contractor makes reasonable objection. necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- 3.8.2 Unicss otherwise provided in the Contract Documents: rated or to he 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 cmplt,yment of unfit persons or persons not skilled in tasks material$ and equipment delivered at the site and all assigned to them. required taxes. less applicable trade discounts; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRt;CT10N•FOURTEENTH EDITION 8 A201-1987 AIAO •X119117 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.NVE,N.W.WASHINGTON.D C.2tXXj6 WARNING:Unlicensed photocopying violates U.S.Copyright Isms and Is subject to Isgal 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 allgwance expressed in the Contract Documents. Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations-of Subparagraph 4.2.7. not in the allowances; „ .4 whenever costs are more than or less than allowances, 3.12.5 The Contractor shall review,approve and submit to the the Contract Sum shall be adjusted accordingly by Architect Shop Drawings, Product Data, Samples and similar Change Order.The amount a the Change Order shall submittals required by the Contract Documents with reason- reflect(1)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 3.82.3. 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 superincen- 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- i 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 thereco,'or 3.10.1 The Contractor.promptly after being awarded the Con- will do so, and has checked :acid coordinated the information tract,shall prepare and submit for the Owner's and Architect'S containcd 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 Uocwnents,shall be revised it appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsihilicy required by the conditions of the VVork and Project, shall he 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 Drag ings. Product Data. tract i)oe•UllterltS. and shall provide for expedi0ous and pracri- 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 Conrrtctor shall not he Archacct s appnnal. a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop Draw- natcd -i(h the Cont,ictor's construction schedule and allows insys, Product Data. Samples or similar.ubmittals by the Archi- the .Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 "['he Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention, in writing SChcduleS. or on resubmitted Shop Drawings. Product Data. Samples or 3.11 DOCUMENTS AND SAMPLES AT THE SITE similar submittals. to revisions other than those requested by 3.11.1 The Contractor shall maintain at the site for the Owner the Architect on previous submittals. ' one record copy of the Drawings. Specifications, addenda, 3.12.10 Informational submittals upon which the Archiceci is Change Orders and other Modifications, in good order and not expected to take responsive action may he So identified in marked currently to record changes and selections made during the Contract Documents. construction• and in addition approved Shop Drawings, Prod- 3,12,11 When professional certification of performance criteria uct Data. Samples and similar required submittals. These shall of materials, systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents. the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and 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 other data special!} prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor. manufacturer, supplier or areas permitted by law, ordinances, permits and the Contract distributor to illustrate some portion of the Work. Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. forinance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials or equipment for sone portion of the Work. 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustruc fit together properly. rn;ucrta s, cquipmcnt or workman.-,hip and establish standards 3.14.2 The Contractor shall not damage or endanger a portion by -Ilich the Work will he judged. of the Work or fully or partially completed comtruction of the 3.12.4 Shop Drawings, Product Data.Samples and similar sub- Owner or separate contractors by cutting, patching or other- mittals are not Contract Documents. The purpose of their sub- wise altering such construction,or by excavation.The Cuntrac- mittal is to demonstrate for those portions of the Work fur for Shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEE.'VTH EDITION A201-19137 9 AIA' i,Ivry THE AMERICAN INSTi M-rE OF ARCHITECTS, 1"3S NEw YORK AVENUE.N.W.WASHINGTON.D.C.2044 WARNING:Unlicensed photocopying violates LLS.eopyrfght laws and is subject to legal prosecution. 7 Owner or a separate contractor except with written consent of tect's consultants, and agents and employees of any of them the Owner and of such separate contractor:such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld.The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifics- 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 3.15 CLEANING UP t= agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shaU keep the premises and surround- ing arca free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the ARTICLE 4 Work the Connector 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 rARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. tifred as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect "Architect- :means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties. responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 in case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement of a patent,the Contractor shall be responsible for shall be subject to arbitration. such 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 tect's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages, losses and expenses, includ- time to time during the correction period described in Para- ing but net limited to attorneys' fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness. Owner only to the extent provided in the Contract Documents, disease or Brach,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 pan by negligent acts or omissions of the Contractor,a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not be construed ing chat the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3,18. to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an employee of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by chem 4 or anyone for whose acts they may be liable, the indemnifica- .2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques,sequences or procedures,or for safety precautions benefits payable by or for the Contractor 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 3.1 H shall not extend to the liability of the Architect,the Archi- of and will not be responsible for acts or Omissions of the Con. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 10 A201-1987 AIA s •®1987 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W.,WASIIINGTON,D.C.30(X76 -WARMING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal pr0*6"tl0n. a tractor,Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project 4.2.4 Communications FseilitatMg Ctmtrae! Astra- representatives shall be as set forth in an exhibit to be incorpo- tion. Except as otherwise provided in the Contract Documents m the Contract Documents. or when direct communications have been specially autho- 4.2.11 The Architect will interpret and decide matters concern- rized, the Owner and Contractor shall endeavor to commuhi- ing performance under and requirements of the Contract cote through the Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect.Commu- tor. The Architect's response to such requests will be made nications by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be�recognized on account of failure by the Architect to fur- review and certify the amounts due the Contractor and will'" nish such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be dors not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the have authority to require additional inspection or testing of the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3. Owner and Contractor, will not show partiality to either and whether or not such Work is fabricated,installed or completed. will not be liable for results of interpretations or decisions so However, neither this authority Of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authora% shall give rise to a duty or responsibility of the Archi 4.2.13 The Architect's decisions on matters relating to aesthetic to the Contractor, Subcontractors, material and equipment effect will be final if consistent with the intent expressed in the suppliers,their agents or employees,or other persons perform- Contract Documents. ing portions of the: Work. 4.3 CLAIMS AND DISPUTES 4.2.7 The architect will review' and approve or take other appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of Shop Drawings. Product Data and Samples, but only for the the parties seeking,as a matter of right,adjtutment or interpre- limited purpose of checking for conformance with information cation of Contract terms,payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The mints. The Architect's action will be taken with such reason- term"Claim" also includes other disputes and matters in ques- able promptness'as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relao- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while altowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review. Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including [host alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect,shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- rrsponsibility Of the Contractor as required by the Contract sion by the Architect, as provided in Subparagraph 4.4.4,shall Documents.The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation 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, 3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due, regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect, of any construction means, the Work or(2) the extent to which the VG'ork.has been com- methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect'in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect 4.2.8 Thr Architect will prepare Change Orders and Construe has not received evidence or has failed to render a decision p P g within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in action required under Subparagraph 4.4.4 within 30 days after the Work as provided in Paragraph 7.4. the Claim is made,(4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the 4.3.3 Time Limits on Claims. Claims by either party must he 0-per's review and records written warranties and related made within 21 days after occurrence of the event giving rise to documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirements of the Contract Documents. the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA9 • :14047 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEW YORK AVENUE.N.W..WASHINGTON.O.C.LtrlNl6 A201-1987 11 WARNING:unlicensed photocopying violates us.copyright laws and is subject to legal prosecution. _.. __ _ .._-.,♦..,Y+�f �►.� .err.a��� 4.3.4 Continuing Contract Perfornlertae. 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. 4.3.5 Wslver of C Rlral P ment. The making .find 4.3.9 Injury or Darnag�to Person or Property. If either parry aY g ofto the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party,of any of the except those arising from: other parry's employees or agents,or of others for whose acts .1 liens, Claims,security interests or encumbrances aris- such parry is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements pay within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance. The notice shall provide sufficient detail to enable .3 terns of special warranties required by the Contract the other parry to investigate the matter. If a Claim for addi- 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 Arghitect will review Claims and take one or more of ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature, which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3) reject the Claim in whole or in character provided for in the Contract Documents, then notice part, stating reasons for rejection. (4) recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise. The promptly before conditions are disturbed and in no event later Architect may also, but is not obligated to, notit.-the surety, if than 21 clays after first observance of the conditions.The Archi- anv, 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 Contractor's 4.4.2 if a Claim has been resolved. the.Architect will prepare or cost of. or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 [f a Claim has not been resoled, the party making the Sum or Contract Time.or both. If the Architect determines[hat Claim shall, within ten days after the architect's preliminary the conditions at the site are not materially different from those response, take one or more of the following actions:(1)submit indicated in the Contract Documents and that no change in the additional supporting data requested by the Architect, (2) terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. modify the initial Claim or(3)notify the Architect that the initial Claims by either party in opposition to such determination Claim 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 notih•the parties the adjustment shall be referred to the Architect for initial deter- in writing that the ArchiteCt's decision will be made within mination,subject to further proceedings pursuant to Paragraph seven days, which decision shall be final and binding on the 4.4. parties but subject to arbitration. Upon expiration of such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum, written notice written decision relative to the Claim, including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para. the Architect may,but is not obligated to,notih•the surety and graph 14.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION stop the Work where the Contractor was not at fault,(3)a writ- 4.5.1 Controversies and Claims Subject to Arbitration. Any ten order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tett,(-i)failure of payment by the Owner,(5)termination of the or the breach thereof, shall be settled by arhitruion 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 ntuy be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 if the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as in the Contract Time,written notice a+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 prohibit effect of delay on progress of the Work. In the a decision as provided in Subparagraph 4.4.4 shall be subject to Cas 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•FOt;RTF.F_VTH EDITION 12 A201-1987 AIA, •D 1987 THE AMERICAN INSTITUTE OFANCHITECTS,1735 NEW YORK AVENUE.N.W-WA..SHINGTON,D C.1fx,,I(, WARNING;Unlicensed photocopying violates U.S.copyright lin"and Is subiaet to legal pie.."on. — ,v mom 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A parry who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration mub: 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 is in accordance,with applicable law in any coup 4.5.3 Contract Performance During Arbitration. During arbi- having jurisdiction thereof. oration 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- tracion of any Claim may nor be made until the earlier of(1)the SUBCONTRACTORS date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim. (2) the tenth day after the parties have pre- sented evidence to the Architect or have leen given reasonable 5.1.1 A Subcontractor is a person or entity who has a direct opportunity to do so. if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site. The term"Subcontractor"is referred to throughout described in Subparagraph 4.3.2• the Contract Documents as if singular in number and means a 4.5.4.1 When a written decision of the Architect states that(l) Subcontractor or an authorized representative of the Subcori- the decision is final but subject to arbitration and(2)a demand tractor. The term "Subcontractor"does norinclude a separate for arbitration of a Claim covered by such decision must be contractor or subcontractors of a separate contractor. 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-;ubcontrtctor" 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. he entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 4.5.4.2 :k demandl for arbitration shall be made within the time 5.2.1 Unless otherwise stated in the Cuntraci Documents or limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause the bidding requirements, the Contractor, as soon :Ls prat-. 4.5.4.1 as applicable, and in other cases within a reasonable ticahle after award of the Contract. :hall furnish in cyriting co time after the Claim has arisen,and in no event shall it be made the Owner through the Architect the names of persons or enti- after the date when institution of legal or equitable proceedings ties(including those who are to furnish.tnateriats or equipment based on such Claim would be barred by the applicable statute fabricated to a special design)proposed for each principal por- of limitations as determined pursuant to Paragraph 13.7. tion of the Fork.The architect will promptly reph•to the Con- tractor in writing stating whether or not the Owner or the 4.5.5 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect, the Architect's employees or consultants,except able objection. by written consent containing specific reference to the Agree 5 mint and signed by the Architect. Owner. Contractor and anv .2.2 The Contractor shall not contract With a proposed per- other person or entity Sought to he joined. No arbitration shall son or entity to whom the Owner or Architect has made rea- include, by consolidation or joinder or in any other manner, sonable and timely.objection. The Contractor shall not he parties other than the Owner, Contractor, a separate contras- required to contract with anyone to whom the Contractor has for :Lai described in Article 6 and other persons substantially made reasonable objection. 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:is described in Article 6 Shall be included as an prig- reasonable objection. The Contract Sum shall be increased or inal 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 co 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 Usher agreements to arbitrate with an additional person or entity duly consented to by panics 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 thereuf. reabonablc ubjection to such change. AIA DOCUMENT A201 -GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-FOURTEENTH EDITION AIA' • ; I')"-TIIF.A.MERIC\N INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N W.WASHINGTON.D.C.2il1NMl A201-1987 13 WARNING.Unlicensed photocopying violates U.S.copyAght laws and Is subject to legal pioseeuti0n. 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the 2Ctivi- 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 terttts of the Contract Docu-" tractors and he Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obli„gaefons Wes when directed to do so. The Contactor shall make any and responsibilities which the Contractor, by these Docu- revisions co the constriction schedule and Con z, Sum ments.assumes toward the Owner and Architect.Each suborn- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor so Owner until subsequently revised. that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided 6.1.4,Unless otherwise provided in the Contract Documents, otherwise in the subcontract agreement, the benefit of all when the Owner performs construction or operations related rights, remedies and redress against the Contractor that the to the Project with the Owner's own forces,the Owner shall be Contactor, by the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi- Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others, contractors. The Contractor shall make available to each pro- those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor,prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the Subcontractor will be bound,and, upon written request of the 6.2 MUTUAL RESPONSIBILITY 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- similarl•make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to heir respective proposed Sub-subcontractors. struction and operations with heirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 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 he Contractor to the Owner provided that: execution or results upon construction or operations by he .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 he 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 ill:writing; and execution and results. Failure of the Contractor so to report .2 assignment is subject to the prior rights of the msurety, shall constitute an acknowledgment that the Owner's or sepa- if:1 •, obligated under bond relating to the Contract. rate contracrors'completed or partialh•completed construction is fit and proper to receive the Cutra'c 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably di cone able ror's soak,except as to 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 8Y OWNER 6.2.4 The Contactor shall promptly remedy damage wrong OR 8Y SEPARATE CONTRACTORS fully caused by the Contactor to completed or partially com- 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 6.1.1 The Owner reserves the right to perform construction or 6'2'5 Claims and other disputes and matters in question between the Contactor and a separate contactor shall be sub- operations related to the Project with the Owner's own forces, and waward separate contap cts in connection with other or. ject to the provisions of Paragraph 4.3 provided the separate tions of the Project or other construction or operations on the contractor has reciprocal obligations. 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 Contactor in Paragraph 3.14. or additional cost is involved because of such action by the Owner.the Contactor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.1.2 When separate contracts are awarded for different pori tractors and heeOwner asto the responsibilitarises amng the Contractor, separate under heir tions of he Project or other construction or operations on the respective contacts for maintaining the premises and surround- site. he 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 alkocate the cost Owner-Contactor Agreement. among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUINENT AM .GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRICTION•FOURTEENTH EDITION AIAa •'71987 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE,N.W..WASHIM;TON.D.C. ,()(M WARNING:Unlicensed photocopying violates ILS.copyright laws and Is subject to legal ptosamdon. ARTICLE 7 .3 cos[ 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 shalt 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 Concrac- 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 Chan, in the Work shall br 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 Atchi- tor shall proceed promptly, unless otherwise provided in the tett 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 [tic work. ing. in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are scared in the Contract Documents or allowance for overhead and profit. In such case.and ase,under subscclucntly agreed upon, and if quantities originally con- Clause •3.3.3• the Contractor shall keep and present. in such tcmpLucd are s<>changed in a proposed Change Order or Con- forth ;is the Architect may prescribe. in itemized aecoun[ing struction Change Directive that application of such unit priers provided with appropriate supporting data. r t ess othcl•R•isr to quantities of�C'urk proposed celll cause substantial inequity provided in the Contract Documents,costs ti>r Elie purposes of this Subparagraph '.3.G shall he limited w the following: to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. .1 costs of labor, including iocial security, old age and 7.2 CHANGE ORDERS unemployment insurance. fringe henrtits required by agreement or custom. and workers' or workmen's 7.2.1 A(1moge 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 chane in the Work; consumed; .2 the;unotlnt of the adjustment in the Contract Sum, if .3 rental costs of machiner:and equipment.exclusive of all%; and hand tools, whether re:ued from the Contractor or .3 Elie extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and insurance,permit fres, 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 rel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre- 7,3.7 Pending final determination of cost to the Owner. paired by the Architect and signed by the Owner and Architect, amounts not in dispute may be included in Applications for directing a change in the Work and stating a proposed basis for Pavment. The amount of credit to be allowed by the Contrac- adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, roc to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall actual a: 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 inyolyrd 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 baso of net increase,if any, with respect to that change. 7.3.2 A Construction Change Directive shall be used in the 7.3.$ If the Owner and Contractor do not agree with the absence of total agreement on the terms of a Change Order. 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 de[ermination. on one of the following methods; 7.3.9 When the Owner and Contractor agree with the deter- 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; mens 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 A2�1�1987 �S AIA• •5,1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENGE.N.W.,WASHINGTON.D.C.Z(XXA WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal plossoutlon. 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 v2dous'portions of the Work, prepared in such form and sup- 8.1 DEFINITIONS ported by such data EO 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 Thr 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 flayrnent for operations completed 8.1.3 Thr date of Substantial Completion is the date certified in accordance with the schcdulc of values. Such :application by Elie Architect in accordance with Paragraph 9.8. shall he notarized, if required. and supported by such data suhstantiating the Contractor's riOmr to payment as the Owner 8.1.4 The term "day"as used in the Contract Documents shall or ArchitecE may require, such :is copies of requisitions from mean calendar day unless otherwise specificaliv defined. Suhcontractors and material suppliers, and rrrlrcting retainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract 131,CUments. 8.2.1 Time linlits stated in the Contract Documents are of the 9.3.1.1 Such apPlicat101 Is n':'%'include requests for payment un rsscrlce of Iter Contract. By executing the Agreement the Con- account of change, ill [tic ',X'urk which have hrrn properly tractor confirms that the Contract Time is a reasonable period authorized by Ctm.strLICpegl Change Directives but not vet for performing the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- . trent or instruction of the Owner in writing,prematurely com_ menu of amounts the Contractor dors not intend to Puy to a mcncc()per tions on the site or elsewhere prior to the effective tiUhCOntuacto r or material supplier ilecausr of u dispute or other date of insurance required by Article I I to he furnished by the reason. Contractor. Thr date of commencement of the Work shall not 9.3.2 Unless otherwise pro,yidrd in the Contract Documents, be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed payments shall be made on account o icefrrisu and subsequent equipment by the Owner, the Contractor shall notifthe Owner in potation and suitably sward ut the site for seb y the Einner- w•riting not less than Five days or other agreed' period before p°ration in the Work. If approved in advance by alio Owner, commencing payment may similarly be made tier materials and equipment 'ti the Work w permit the timely filing of mortgages, mechanic's liens and other securitsuitably stored off the site at a location agreed upon in writing. y interests. Payment for materials and equipment stored on or off Elie site .8.2.3 The Contractor shall proceed cxpeditiously will,, ade- shall he conditioned upon compliance by the Contractor with quite forces and shall achieve Substantial Co niple'tion within procedures satisfactory to the Owner to establish the Ow-ner•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 unit 8.3.1 If the Contractor is delayed at ally time in progress of the equipment stored off the site. Work by an act or neglect of the Ow•nrr or Architect, or of an 9.3.3 The Contractor warrants Ella[title to all Work covered by cnaplt,yce of either, or of a separate Contractor employed by the Owners or by changes ordered in the Work, or by labor an Application for Payment will puss to the Owner no later than dispute ,torr,unusual delay in deliveries,unavoidable casualties the Einar of payment. The Con[ractur further warrants that or other causes beyond the Contractor's control, or by delay upon submits 11 of Irl Application for Paymrn[ all h is for authorized by the Owner pending arbitration, or by ether which Certificates for Payment have hrrn prryiously issued CUwhich the Architect determines may justify delay, then and payments received from the Owner shall.to the best of the the Contract Time shall be extended by Change Order for such encro f lies knowledge, information and belief, be free and rc:tsi,nable tinge as the Architect may determine. cmc of liens, claims, security interests or rncunlbrancts in favor of the Contractor, Subcontractors, material suppliers, ur 8.3.2 Claims relating w time shall he made in accordance with other persons or entities making a claim try reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 dors 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 Diwuments. Contractor's Application for Payment, either issue w the �6 A2O1-19$7 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•r;GURTeENTti EDITION AIA 1)1987 THE AMERICAN INSTITUTE OF ARCHITErTS•1 SSS NEW YORK AVE`UE.N.W.•WASHINGTON.DC.2txxX, WARNING:unlicensed photocopying vblatq U g,copyright laws.and Is subleet to legal pmeecutlon. Owner a Certificate for Pavment, with a copy to the Conirac- 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. le' 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 Architects observations at the site and the dart 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 ort 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 Pavment will further constitute a 9 representation that the Contractor is entitled to payment in the 9.6.3 The architect will, on request, furnish to a Subcontrac amount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the architect and Owner on account of por- quality or quantity of the Work. (2) reviewed construction tions of the Work done by such Subcontractor. means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or (4) made- - exarninaiion to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall he created in a manner for ha,used money previously paid on account of the Concract similar to chat provided in Subparagraphs 9.6.2,9.6.3 and 9.6.-1. Sum. 9.6.6 A Certificate for Pavment, a progress payment,or partial 9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9.7 FAILURE OF PAYMENT the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not ibsue a Certificate for Pu%'ment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contracr Documents the amount cer- •agree on a revised amount, the Architect will promptly issue a tified by the Architect or awarded by arbitration,then the Con- Certificate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tect may aso decide not to certify payment or, because of amount owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended appropriateh.• and the Contract Sum shall be may nullifv 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 indica[- 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 fur its intended erly to Subcontractor or for labor, materials or use. equipment; .4 equipmblc evidence chat the Work cannot be com- 9.8.2 When the Contractor considers that the Werk,ora por- pletcd for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separttcly, is substantially complete,the Contractor shall prepare and submit 5 damage to the Owner or another contractor, to the Archicect 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. pieced within the Contract Time,and that the unpaid piece and correct items on the list.Failure to include an item on balance would not be adequate to cover actual or such list clues 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 cam out the Work in accordance merits. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA OOCUYENT A201 -GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRICTION-FOURTEENTH EDITION AIA* -5:19H7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N.W.WASHINGTON.D.C.Z(Xx)6 A201-1987 17 WARNING:UnlleanoW photocopying violates U.S.copyright laws and is wbj*et to Isgal prosaet tion. n*led 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 terns and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be dire the Contrac- Completion. When the Work or designated portion thereof is for and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to.the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate. Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls,bills for materials and Completion of the Work Or designated portion thereof unless equipment, and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple for which the Owner or the Owner's property might he tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less amounts withheld by Owner) miiied to the Owner and Contractor for their written accep- have been paid or,otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate. ing that insurance required by the Contract Documents to 9.8.3 Epos 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 o subs. nt a written reflecting;adjustment in retainage, if any, for such Work or por- statement that the Contractor knows bl no substantial reason tion thereof as provided in the Contract Documents. that the insurance will not be renewable co cover the period required by the Contract Documents, (-t) 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 tally completed portion of the Work at any stage when such or encumbrances arising out of the Contract, to the extent and portion is designated by separate agreement with the Contrac- in such firm 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 11.3.1 1 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities haying jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. !f such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contactor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any, secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9,10.3 If,after Substantial Completion of the'Work, final com- rection of the Work and commencement of warranties ple:tion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete, the Contractor shall completion, and the Architect so confirms. the Owner shall. prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2. Consent of the Contractor to partial occu- Architect,and without terminating the Contract.make payment pancy or use shall not be unreasonably withheld. The stage of of the balance due for that portion of the Work telly completed the progress of the Work shall be determined by written agree- and accepted. If the remaining balance for Work not Cully com- ment between the Owner and Contractor or,if no agreement is pitted or corrected is less than re[ainage stipulated in the Con- reached, by decision of the Architect. tract Documents,and if bonds have been furnished,the written 9.4.2 Immediately prior to such partial occupancy or use, the consent of surety to payment of the balance due for that por- 9.9.2 I. Contractor and Architect shall jointly inspect the area tion 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 such payment. Such payment shall he made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not 9.9.3 Unless otherwise agreed upon, partial occupancy or use constitute a waiver of claims.The making of final payment shall of a portion or portions of the Work shall not constitute recopy constitute a waiver of claims by the Owner as provided in Sub- tance of Werk 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 these previously made in writing 9.10.1 Upon receipt of written notice that the Work is reedy and identified by that payee its 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 EO Application for Payment, the Architect will promptly make the waiver described in Subparagraph -+.3.5. 18 A201-1987 AIA DOCUMENT A201 •GENERAL CONDITIONS OF TIM CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITIONAIA• •C 1987 THE AMERICAN INSTITUTE OF ARCHITE(.TS•1-35 NEW YORK AVENUE,N W.WASHINGTON.O.0 zrxHwi WARNING:Unileerwd photocopying violates LL©right laws and Is twb @a to 1"81 pmsecudo a.. 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 twining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason- connection with the performance of the Contract. able safegini ds 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. biplienyt (i'CB) 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 materi2is-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 nor 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 hiplicny l(PCB), 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 10.3.1.3 caused in whole or in part by the accordance with final determination by the Archi[ect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arhartion 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 10:2.1.3 and 10-2.1-3. except 10.1.3 The 0)ntrlcmr shall nor he required pursuant to Article damage or loss attributable to acts or.omissions of the Owner n,perh mn ithma consent any Work relating to asbestos or or .architect or anyone directly or indirectly employed by pohdilm-nialcd hiphcnyl (PCIS). 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 eaten[ pernimcd by law, the Owner shall Cuntractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor, architect, Archi- addition to the:Contractor's obligations under Paragraph 3.18. acct's cunsuitants and agents and employees of any of them from and ap;iinst claims, damages. losses and expenses, includ- 10.2.6 The Contractor shall designate a responsible member of ing but nut limited to attorneys' fees,arising out of or resulting the Contractor's organization at the site whose duty shall be the from performance of the Work in the affcctcd area if in fact the prevention of accidents. This person shall he the Contractor's material is:uhcsros on 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 ur 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 to injure• to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itselt) 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 cmploye'd by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may he liable, regardless of whether or not such vent threatened dainrge. injury or toss. Additional compensa- claim, dantagw, loss or expense is caused in part by a party (ion or extension of time claimed by the Contractor on account indemnified hereunder.Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and article ?. 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 ANO PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11,1 CONTRACTOR'S LIABIUTY 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 he 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 [he 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 carr, custody or control of the Contractor or liable, whether such operations tx by the Contractor or by •a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly emploved by tors; and any of them,or by anyone for who>_tie 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 art:applicable to the Work w be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRLCnON•FOURTEENTH EDITION AIA" •'S Ilm7 THE AMERICAN INSTITUTE OFARCHITECTS.1735 NEW YORK AVENUE..14 W.WASHINGTON.O.C.2(XXX) A201-1957 19 a _ WARNING:Unlicensed photocopying violates U.S.copyright taws and Is subject to legal prosecution. .2 claims for damages beu-use of bodily injury, occupa- other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner, the .3 claims for damages because of bodily injury,sickness Contractor, Subcontractors and Sub-subcontractors in the or diseazse,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 Pre and extended coverage liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of 25 a result of an offense directly or indirectly rebted 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 erc, 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 ip 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 l.1.1 shall be subcontractors in the Work.and by appropriate Change Order w•rincn 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 law, whichever coverage is for is damaged by the failure or neglect of the Owner to our greater. Coverages. whether written on an occurrence or chase or maintain insurance as described above, without so. clainls•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. pa}ment and termination of any coverage required to he main - taincd after final payment. 11.3.1.3 If the property insurance requires minimum deolucti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall mens, the Contractor shall pay costs not covered because of be hied 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 be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least,MY days'prior written notice has been given the additional-costs not covered because of such increased or to (lie 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 for Payment as required by Subparagraph 9.10.2. Information 11.3.1.4 Unless otherwise provided.in the Contract Ducu- y the mints,this property insurance shall coyer portions of the�ti oak concerning reduction Of coverage shall be furnished b 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:Fork 11.2 OWNER'S UABIUTY INSURANCE in transit. 11.2.1 The Owner shall be responsible for 11.3.2 Boiler and Machinery Insurance. The Owner shall p purchasing and purchase and maintain boiler and machinery insurance Owner maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law. which shall the may purchase and maintain other insurance for self- specifically cover such insured objects during installation hall protection against claims which may oarise from operations until final acceptance by the Owner:this insurance shrill include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcon(rtcton :i nd Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless specifically required by the Contract Documents. shall he named insureds. 11.3.3 Loss of Use Insurance. The Owner. at tine Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is warv(.:s all rights of action against the Contractor for fuss of use: located. property insurance in the amount of the initial Con- of the Owner's property,including consequential losses due to tract Sum as well :Is subsequent modifications thereto for the fire or other harsrds however caused. entire Work at(he 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 he main- risks other than those described herein or for other special haz- tauted. unless otherwise provided in the Contract Documents aids be included in the property insurance policy, the Owner or o(herwise agrecu in writing by all persons and entities who shall, if possible, include such insurance, and chr cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Cuntractor by appropriate Change inudc as provided in Paragraph 9.10 or until no person or entity Order. 20 A201-1987 AIA DOCUMENT A2ol •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEE.YrH EDITION AIA' •Q)19#17 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W.WASHINGTON,D.C.20(1116 WARNING:Unlicensed photocopying vioiates U.S.Copyright laws and is subject to legal prosecution. r -- - i�rree 11.3.5 if during the Project construction period the Owner 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a kss with insurers unless one of the panus in interest cent to the site by property insurance under policies separate shall object in writing within five days after occurrence of loss from those insuring the Project, or if after final payment prop- to the Owner's exercise of this power; if such objection be erty insurance is co be provided on the completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj' The Owner as fiduciary shall,in that case.make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this 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- panies providing property insurance have consented to such 11.3.6 partial eiceiipancv 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 insurance coverages required by this Paragraph 11.3. Each consent of the insurance company or companies and shall, policy shall contain all generally applicable conditions, defini- without mutual written consent, take no action with respect to tions,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- ten notice has been 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 ocher and any 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 specifically required in the other, and (3) 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- re on 11.4.2 U the request of an person or cutin• appearing to contractors, sub-subcontractors, agents and employees, for p q p clama4cs caused by lire or other peri!to the extent cert Bred by be a potential beneficiary of bonds co,vcring puvnicnt of ohliv a- ly property insurance obtained pursuant to this Paragraph 11.3 or tions arising under the Contract. the Contractor Thal! pnanptc. other property insurance applicable to the Work, except such furnish a cope of-the bonds or shall pcnulit a ce,p� CO he made. rights as the%. have to proceeds of such insurance held by the O,,yncr x% liducian•. The Owner or Contractor, as appropriate. ARTICLE 12 shall require of chc Architect, Architect's consultants, separate contractor described in article 6, if any, and the subcontrac- tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agrcerttcnts, written where legally required for 12.1 UNCOVERING OF WORK y:didin•, similar waivers each in favor of other parties enum- 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 he effective as to a person or entity even though that per- the Contract Documents. it must. if required writing n the son or entity would otherwise have a duty of indemnification. Architect. be uncovered for the .architect's corer tutor and be contractual or othenyise. did not pay the insurance premium replaced at the Contractor's expense without change in the directiv or indirectly, and whether or not the person or entity Contract Time. had an insurable interest in the property damaged. 12.1.2 if a portion of the Work has been covered which the 11.3.8 A loss insured under Owner's property insurance shall Architect has not specificaliv requested to observe prior to its being covered.the Architect may request to see such Work and be adjusted by the Owner as fiduciary and made payable to the it shall be uncovered by the Contractor. If such Work is in Owner as fiduciary for the insureds, as their Interests may accordance with the Contract Documents. costs of uncover- appear, subject to requirements of any applicable mortgagee ing and replacement shall, by appropriate Change Order, be clause and of Subparagraph 11.3.10. The Contractor shall pay charged to the Owner. If such aX'ork is not in accordance with Subcontractors their just shares of insurance proceeds received the Contract Documents, the Contractor shall pay such costs by the Contractor, and by appropriate agreements, written unless the condition was caused h. the Owner or a separate where legally required for validity,shall require Subcontractors contractor in which event the Owner shall be responsible for to make payments to their Sub-subcontractors in similar payment of such cores. manner. 12.2 CORRECTION OF WORK 11.3.9 if required in writing by a party in interest, the Owner 12.2.1 The Contractor shall promptly correct Work rejected as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bund for proper performance of the Owner's duties. The cost the Contract Documents, whether observed before or after of required bonds shall be charged against proceeds received as Subscancial Completion and whether or not fabricated.installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting scuds so received, which the Owner shall distribute in accor- 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 Cumple- 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 A201-1967 21 AIA' • v I'M-TFIF.AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENGE..4 W.WAJNINGTON.D.C.2ntx,6 WARNING:Unikensed photocopying violates U.S.Copyright laws and 12 subject to legal prosecution. f 1 ' • . 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 writtea-accep- where the Project is located. Lance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work. This selves, their parmers, successors, assigns and legal represenra- obligation under this Subparagraph 12 2.2 shall survive accep- tives to the other party hereto and to partners, successors, Lance 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- covert/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 ace 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 actor- 13.3.1 Written notice shall be deemed to have been duh• Glance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of wich correction of such nonconforming Work within a reason- the firm or enciry 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 mu}' remove it and store the salvable materials or equipment at mail to the last business address known to the part• 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 ac auction or at private side and.hall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the C:onrract Docu- costs .acid damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor.including compensation for the Architect's services and. addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or avail ahlc by law. not coyer cots which the Contractor should h;tve borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shat he reduced by the deficiency. If payments Contractor shall constitute a waiver of a right or duty afforded. then or thereafter due the Contractor are not sufficient to cover such amount. the Contractor shall pay the difference to the them under the Contract,nor shall such action or failure to act Owner. constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in.writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by lams, ordi- tract Documents. nances, rules. regulations or orders of public authorities having jurisdiction shrill 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 ocher such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of clic time period of one year appropriate public 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- relationship to:he time within which the obligation to comply tions arc to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions.of the 'fork 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 (tic Owner may do so instead of requiring its removal and cur- for such additional testing,impection or approval by an entity rection, in which•rase the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shallgive 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. arc to he made so the Architect may observe such procedures. AIA DOCUMENT A201 •GENERAL CONDrTioNs OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 22 A201-1987 ALAS •1119147 TIIE A.MERH:AN INSTITUTE OFARCHITEtTS.1735 NEw YORK AVE.WUE.N.W.,WASHINGTON,D.C.2011116 WARNING.Unik>•naad Photocopying violate LLS.copyright Iowa and Is wbiaet to Ngal roe", -_a i 1 r • • The Owner shall bear such costs except as provided in Sub- ARTICLE 14 paragraph 15.5-3. 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 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 crprrl,c, 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 .Y 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 will do so promptly and,where practicable,at the normal place payment and has not notified the Contractor of the of testing. reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall he made promptly to avoid unreasonable made payment on a Certificate for Payment within dclav in the N.Vork 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 nunt- 13.6.1 P:lyntcntS due and unpald under the Contract Docu_ her of days scheduled for completion, or 130 day-. in nicnt..hall hear interest from the date payment is due at Such ally ilii-day period. whichever is less: or rate;Ls the parties may agree upon in writing or. in the absence .5 the Owner has failed to furnish to the Cuntractor thereof.at the legal rate prevailing nom time to time at the place promprly, upon the Contractor's request, reasonable syhere the Project is located. evidence as required by Subparagraph 2.2.1. 14,1.2 if one()f the above reasons exists, the Cuntractor 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 A., hct%%cerj the Owner and Cuntractor: payment for Work executed and for proven loss with respect to materials. equipment, tools, and construction equipment .1 Before Substantial Completion. As to acts or failures and machinery, including reasonable overhead. profit and to act occurring prior to the relevant date of Subscan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is,topped for a peri()Ll of 60 days through ,hall commence to run and auly allegW 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()cher persons performing portions not later than such slate of Substantial Completion; of the Work under contract with the Contractor because the .2 Between Substantial Completion and Final Certifi- Owner has persiscently failed to fulfill the Owner's obligations Cate for Payment. ks to acts or failures to act occur- under the Contract Documents with respect to matters inlpor- ring subsequent to the relevant date of Substantial tint to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Cercifi- seven additional days' written notice to the Owner and the ctc for Payment,any applicable Statute Of limitations Architect, terminate the Contract and recover from the Owner shall Commence to run and any alleged rause of a, provided in subparagraph I +.I._ action shall he deemed to have accrifed 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 fair Payment; and Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or F.tils to Supph failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials: ante of the final Certificate for Paylncnt, any appli .2 tails to make payment to Subcontractors for materials Cable Statute of limitations shall commence to run and or labor in accordance with the respective agreements any allcgcd cause of action shall bs: deemed to have between the Contractor and the subcontractors; :accrued in any and all events not later than the date of ,3 persistently disregards laws,Ordinances.or rules, reg- ally act or failure to act by the Contractor pursuant to ulations or orders of a public authority haying juris- any warranty provided under Paragraph 3.5, the date diction; or of any correction of the Work or failure to correct the .4 otherwise is guilty of suhsruttial breach of a provision Work he the Contractor under Paragraph 12.2,or the of the Contract Uucumrnt,. date of actual commission of any other act or failure u, perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the owner. upon or Owner, whichever occurs last. Certification by the .architect that sufficient Causc exists to jus- AIA DOCUMENT A201 -GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-FOURTEENTH EDITION AIA 1 - v I'M"THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE-N.W•WASHINGTON.D C.-'(XXX) A201-1987 23 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. v tifv 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- Cuntractor's surety, if any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject'to any tion of the Contract. prior rights of the surety: 14,3 SUSPENSION BY THE OWNER .1 take possession of the site and of 211 materials,equip- FOR CONVENIENCE meter,tools,and construction equipment and machin cry thereon owned by the Contractor; 14.3.1 The Owner may,without cause,order the Contractor in .2 ace c assi writing to suspend,delay or interrupt the Work in whole or in eP gement of subcontracts pursuant to Para- pan for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract, including profit on the increased cost of..performance, caused by suspension, delay or interrup- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is 1 that performance is, was or would have born 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 chat an equitable adjustment is made or denied under of finishing the Work, including compensation for the Archi- another provision of this Contract. sect'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 cast of performance mai•have unpaid balance, the Contractor shall pay the difference to the a mutnialh' agreed fixed or percentage fee. Z4 A201-1987 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRULMON•F(N'RTEENTII F.DITfON AIAS •CD 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVEVCE,V W,WASHINGTON.D C 1tMMib WARNING:Uniteens"photocopying violates U.S.copyright laws and Is subject to Ito prusecudo t. Y/ 7 SUPPLMIENT_Uy 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 to 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: Statutor•7 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 d-: Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse) , U (underground) e. Contractual Liability (Sold Harmless- Coverage) : (1) Bodily Injurf: $ 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 MID OF SECTION H - 2 SECTION K G1EQ.�i. REI.E.-jSE (To Be Submitted With Requisition For Final Payment) KNOW ALL M2:t BY THIESE PRESMITS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (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 monev, accounts, reckonings, bonds, bi11s, 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 thin, whatsoever, from the beginning of the world to the day of the dateofthese 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. Iv 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: K - 1 CONTRACT REQUIREMENTS Each Public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appo*nted pursuant to law is a party and which may involve the employment of laborers. workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shal Vbe 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 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. The prevailing rate of wage shall be annually determined no later than thirty days prior to July 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 of jurisdiction to file with the fiscal officer, the classification of workers. mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) 4. The contractor and every subcontractor snail post in a prominent and accessible place at the work site a statement of all wage rates and Supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) S. No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journey-levet workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey-level classification of work actually performed. The contractor or sub- contractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supole- ment rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 6. (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 contract a penalty of fifty dollars for each calendar day during which 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)) 7. (a) All contractors or their subcontractors shall provide to their sub- contractors a copy of the prevailing wage rate schedule specified in 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 subcontractor has received the wage schedule and will pay or provide the applicable rate 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.At3dress and phone number, 3.Social Security number, 4.Occupational classifications in which worked, S.Hourly wage rate paid, S.Supplements provided, 7.0aily and weekly number of hours worked in each classification, 8.0eductions 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. 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. 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 shoulc be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW-202 (5-90) docm: letterd 1 • . 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 ONLv 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, 1224C All inquiries MUS' 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. 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 (4-88) docm: letter2e NOTICE TO CONTRACTORS (Continued) APPRENTICES: Employees cannot be 4 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 anyseraft 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 witthheld 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 Laoor 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 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 1 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 Holiday& 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 Comoensation 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 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. 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) PREVAILING RATE SCHEDULE t )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 19133-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 2 OVERTIME t 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. ( 8 ) Time and one half of the hourly rate after 8 hours per day. ( 81) Time and one half of the hourly rate for the 9th. b 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. ( C1) Double the hourly rate after 7 and one'half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( O1) 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 ".hat week due to inclement weather. t 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 week(lue 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. I 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. t 3 ) Memorial Day and Labor Day. ( 4 ) Memorial Day and July 4th. ( 5 ) Memorial Day. July 4th and Labor Day. t 6 ) New Years Day, Thanksgiving Day and Christmas Day. ( 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. t 8 ) Good Friday. ( 9 ) Lincoln's Birthday. ( 10 ) Washington's Birthday. ( 11 ) Columbus Day. ( 12 ) Election Day. t 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 i • PREVAILING RATE SCHEDULE ( )gee NOTICE PA Department Of Labor GE ATTACHED Case Number Sur o 9400562 Puublicuwork 1993x-7/013 thru i /94 SUFFOLK COUNTY Published -07/01/93 AS9EST0c W�OR�KF�R Page 3 WAG9g(Per hour) 1/01/92- / Asbestos 6/30/92 7/01/92 1/O1/93- Worker. . . . . . . . . , 12/31/92 6/30/93 S 25.47 Additional 1.50 Additional Par hr 1.50 per rh 1 P Y' See ( C, 0, V ) on OVERTIME PAGE attached. Y See ( 1 ) on HOLIDAY PAGE attached. ,�LLPPLEMFNTei ---TS (per hour worked) $15.45 Listed supplements apoiy to All classifications ( x )Yes ( )No. —�� 8-t2 WAGFq(Per hour) 8/01/90- Asbestos Worker 5/31/91 Removal b Abatement Only. . , , $ 21.66 OVERTTM_`pgy_ See (B, PAIo 4lnirn.�-_ E.a ) on OVERTIME PAGE attached. See ( 1 ) on HOLIDAY PAGE attached. PP MENTAL oche- (per hour worked) Benefits- Health/Welfare, Annuity and Training. $4. 70 Listed supplements apply to ALI classifications ( xY BOILEgMq+R ) eS ( )No' 8-2C1nyc� -WAGF,S(Per hour) 9/01/91- 8/31/92 9/01/92- Boilermaker. . . . . 8/31/93 S 28.50 30.00 OVRTIME PAY., PAID HOL p y� See ( C,0 ) on OVERTIME PAGE attached. See ( i, 18.23.24) on HOLIDAY PAGE attached. ALLOWA9LE RATIO Acorentice(s) to Journeymen ( 1 A_PoRE-- s+�l - 5 ) ( 1 - 10 ) t r^ Year terms at the following Percentage of Journeyman's Nage. d h 60X 85: 70: 75;: 80„ 85M h. SU PLEMFNTAI AFN-E-T- (per 90» n hour worked) $2.40 $2.40 Plus 44% plus 47; Of Wage of Wage Rate Rate Listed supplements apoiy to A classifications ( x )Yes ( )No. 4-5 0 PREVAILING RATE SCHEDULE ( )See 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 4 CARPENTER r !mcarp44-0 ------------------------------ WAGES(per hour) 7/01/82- 6/30/93 Building: Millwright. . . . . . . . . . . 23.79 V T A PA • See ( C, 0 ) on OVERTIME PAGE attached.. H AY See ( 1 ) on HOLIDAY PAGE attached. AWALE RATIO: Apprentices) to Journeymen ( 1 - 7 ) PP T ( t ) year terms at the following percentage of Journeyman's wage. 1st 2nd —3rd 4th. 55% 65% SX 95X SUPPLEMENTAL BENEF?TS: (per hour worked) $18.07 Listed supplements apply to AL 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.0) 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. eLLOWABLE RATIO: Aporentice(s) to Journeymen (1-5) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman' s wage. tet2nd 3rd. 4th. 40X 50X 65: 80: SUPPLEMENTAL 9ENE7-7TS:(per hour worked) - See below. 6-2287 WA (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 ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( t ) on HOLIDAY PAGE attached. 4LLOylABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. ter and. 3rd. 4th, 40: 50: 55% 80% SUPPLEMENTAL 9ENEF?TS: (per hour worked - See below. 8-1456 ------------------------------ 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 5/30/94 Published -07/01/93 SUFFOLK COUNTY Page 5 Carpenter (cont) IWAGES(per hour) 7/01/90- 7/01/91- 7/01/92 Marine Construction: 6/30/91 6/30/92 5/30/93 Marine Diver. . . . . . . . .5 29.49 30.77 32.05 Tender. . . . 22.73 23.62 24.51 OVERTIME PAY See ( 0. 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENFFITS: (per hour worked - See below, 8-1456/0 ------------------------------ WAAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman . . . . . . . . .S 22.82 23.72 24.62 V MF PAY: See ( D. 0 ) on OVERTIME PAGE attached. AY • See ( 1 ) on HOLIDAY PAGE attached. OHMWA RAT Apprentice(s) to Journeymen ( 1 - 7 ) _N ICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. dth 40: SOZ 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 BENFFITS• (per hour worked) Journeyman $13.50 Apprentices $9.91 Listed supplements apply to y;" classifications ( x )Yes ( )No. 8-nyc/Supp PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 3400562 1993a-1/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Carpenter. . . . . . . . . . . . $ 24.00 24.84 Additional Meavy/Highway: 2.00 per hr Carpenter. . . . . . . . . . . . S 24.05 24.89 RfflTIME PAY! See ( A. G ) on OVERTIME PAGE attachea.1- PAID HOLIDAYS• See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE T( ; Apprentice(s) to Journeymen ( 1 - 5 ) APPR T year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 4th 401 551 6 801 SUPPLEMENTAL B NFFTTS• (per hour worked) ' Journeyman $10.75 $11.91 Apprs 1st 6 2nd terms S 7.495 S 8.325 Apprs all other terms $10.75 $11.91 Listed supplements apply to ALa classifications ( X )Yes ( )No. 4-SUF ELEVATOR WA (per hour) 7/01/92- 6/30/93 Elevator Constructor. . .$ 27.77 " .Helper over 600 hrs. 20.83 up to 600 hrs. 13.885 Elev. Modzatn S Service 24.21 Helper over 600 hrs. 18. 16 UP to 600 hrs. 13.885 QVEPAY:CONSTR.See ( C.M.T ) on OVERTIME PAGE attached. v BT Mg-'PAY:MOOERN./Serv. See ( 8,F,S ) on OVERTIME PAGE attached. PAID HOLTMAYS, See (5,6,7, 11, 16) on HOLIDAY PAGE attached. SUPPLEMENTAL RFNFC71S (per hour worked) Construction $ 8.77 plus Modern./Service 41 of WageS 8.62 plus 4% of Wage Listed supplements apply to A : classifications ( X )Yes ( )No. 8-1 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 7 GLAZIER NAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Glazier. . . . . . . . . . . . . . S 24.20 Additional Additional 1. 10 per hr 1. 10 per hr. OVERT2ME -PAY-* See ( C. 0, V ) on OVERTIME PAGE attached. PAID HO r AYc• See ( 1 ) On HOLIDAY PAGE attached. SUPPLEMFNTAi BENEFTTS.(per hour worked) $12. 17 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-1087 ELECTRICIAN WAGES(per hour) 5/01/93- 5/01/94- 4/30/94 4/30/95 Electrician. . . . . . . . . . S 29.35 29.35 Audio/Sound. . . . . . . 29.35 29.35 Fire/Intruder Alarm. . 29.35 29.35 OVERTIME ,PAY• See Following Note, plus ( 8•, 0 ) on OVERTIME PAGE attached. Note': 9th. 10th & 11th Mrs 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. AL(0)vA9LE RATiO 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES- ( 1 ) year terms at the followin mo 2nd 6mo nd 3rd 4th g phrcentage of JourneymaM'S wage. 30X 35� 40X SOX 6St0% 70% SUPPLEMENTAL BENFF--e•(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 A" classifications (X)Yes ( )No 4-25 ------------------------------ PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9400562 Public Work ; 1993a-7/01/93 thru 6/ 0/94 Published -07/01/93 SUFFOLK COUNTY Page 8 ELECTRICIAN (cont) �+ WAGES(per hour) 5/01/93- 5/01/94- 4/30/94 4/30/95 Lineman. . . . . . . . . . . . . . S 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 Notes plus (88,0 ) on OVERTIME PAGE attached. Note': 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-t-1) (1-1-3) (1-2-4) (2-2-4) APPRENTTCCR- ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd 3rd 4th 5th 6th 3oX 35X 40X SOX 160E 70% SUPPLEMENTAL BENEFTrS- (percents based on gross wages-others per hour) Journeyman $15.75 16.65 Appr 1st term S 6.82 7.72 Appr 2nd term $ 7.45 8.35 Appr 3rd term S 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 apoly to &" classifications (X)Yes ( )No. 4-251ine Apolicable 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 gffRTI.ME•PAY- See ( 3, G, F ) on OVERTIME PAGE attached. PAID H0LIneyS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO• Aporentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APoRENT/CES: ( 1 ) year terms at the following Wage. 15- 2nd rC 4ih 40„ 50% 60X 80X SUPPLEMENTAL BENGF7rS• (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 i • 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 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 " i6 mos. . . . . . . 9. 15 24 mos. . . . . . . 10.05 30 mos. . . . . . 11.05 " 36 mos. . . . . . 12. 14 42 mos. . . . . . . 13.35 48 mos. . . . . . . 14.56 54 mos. . . . . . . 16. 13 ,6O mos. . . . . . . 17.74 OVERTIME PAY, See ( ) on OVERTIME PAGE attached. PAID HOL_TDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO• Apprentices) to Journeymen ( ) APPRENTICCS. (None ) SUPPLEMENTAL BENE="TS•(per hour worked) 14; of wage Listed supplements apply to Ads classifications ( )Yes ( )No. nytele/ns PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work _9400562 " 1993a- /01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 10 TELEPHONE(cont) r Rates listed below are for installation of customer provided telephone equipment from point of demarcation. WAGES(per hour) 5/27/90- 5/26/91- Telephone 5/25/91 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 BENE=ITS•(per hour worked) Full Time 6 Part Time Employees working 25 or more hours per work. 19.3% of 19.37 of Part Time Employees wage wage 0 thru 16 hours 9.37 of 9.37 of wage wage 17 thru 24 hours 14.37 of 14.37 of wage wage Listed Supplements apply to A" classifications (X)Yes ( )No. att/ + ` • PREVAILING RATE SCHEDULE ( )SAOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/93 thru 6/ 0/94 Published -07/01/93 SUFFOLK COUNTY Page 11 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 OVERDTIME PAY, See ( B, Bt, 0, V ) on OVERTIME PAGE attached. PAIHOLIDAYS: See ( la. 19 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen (1-4)(2-8)(3-15) APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd 3r - 4 h 5th Bth 1IIt- 13. 19 13. t9 13.80 13.80 13.80 SUPPLEMENTAL BEN ='TS• (per hour worked) Journeyman $23.83 Apprentices $17.43 Listed supplements apply to A" classifications ( X )Yes ( )No. 8-40/361W ------------------------------ W4 (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• Aoorentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman' s wage. 1st. 2nd. 3rd SOX 75% 85% SUPPLEMENTAL BENE---ITS•(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 ------------------------------ WAGFS(per hour) 1/01/92- 7/01/92- 6/30/92 6/30/93 Ornamental. . . . . . . . . . . 23.60 Additional Chain Link Fence. . . . . 23.50 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. AWABLE RATIO Aporentice(5) to Journeymen (1-4)(2-10)(3-20) APPREN ICES: ( i/2 ) year terms at the following percentage of Journeyman's wage 1st. 2nd. 3rd 4th 5th 6th 607 65% 70% 80% 85% 95% SUPPLEMENTAL BEN FITS:(per hour worked) $16.80 Listed supplements apply to &LL classifications ( x )Yes ( )No. 8-580 4 I • • PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Mork 9_400562 ' 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page. 12 LABORER MAGES(per hour) 7/01/92- y 1/01/93- 12%31/92 6/30/93 Building Laborer: All Classifications. . .S 20.00 Additional .60 per hr OVRTIME PAy: See ( A,E.O ) on OVERTIME PAGE attached. PAEID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPL°MENTAL BENE=TTS-(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. . . . . . . . . . . . . S 21.62 22.58 23.57 Group # 2. . . . . . . . . . . . . 21. 12 22.07 23.04 Group # 3. . . . . . . . . . . . . 19.47 20.37 21.29 OVE3TIME P4y See ( B, H, E4 ) on OVERTIME PAGE attached. PAID HOLIDAYS See (2.4,6,7, 12,20) on HOLIDAY PAGE attached. SUPoLEMENTAL 9ENEF7TS-(per hour worked) S 9.40 Listed supplements apciy to classifications ( x ).Yes ( )No. 4-1298 PREVAILING RATE SCHEDULE t )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 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. 'Annuity & Vacation. Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. WA AT[0 Apprentice(s) to Journeymen ( 1 - 5 ) APP T ( 1 ) year terms at the following percentage of Journeyman's wage. 50X 7 X 65� SUPPLEMENTAL BENEF*TS• (per hour worked) Journeyman $12.63 Apprentices S 1.88 plus wage % of S 6.75 Listed supplements apply to ASL classifications ( X )Yes ( )No. 8-46 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9400582 Public Work 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WAGES(per hour) 8/01/92- . 5/31/93 Building: Bricklayer. . . . . . . . . . . . S 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 APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. Ist. 2no, r 4th, 5th(500hrY' 6th(5OOhr) 50% 60% 70X OX 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $11.25 Apprentices S 9.70 Listed supplements apply to &" classifications ( )Yes ( X )No. 8-NYDC 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: Aporentice(s) to Journeymen ( 1 - 10 ) APPRENTIC_S: ( 1/2 ) year terms at the following percentage of Journeyman's wage 1st. 2nd. 3rd dth 5th. 6th. 50% 60% 70: 801. 90, 95% SUPPLEMENTAL 9ENEFI7S: (per hour worked) $12.55 Listeq supplements apply to A� classifications ( x )Yes ( )No. 8-780 WA - (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. WA AT Apprentice(s) to Journeymen ( ) ( ) A PR T ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th, 5th. 6th, 407 50X 60% 60% 80% BOX SUPPLEMENTAL SENEFITS: (per hour worked) Journeyman $9.73 Apprentices wage % of $9.37 Listed supplements apply to &LL 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 tnru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 15 Mason (cont) WA (per hour) 1/01/92- • 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Building: Mosaic & Terrai2o 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 BENEFT_TS•(per hour worked) $10.99 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-3 WA (per hour) 4/27/92- 4/28/93- 4/27/93 4/27/94 Building: 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 d5� 50: 55: 60: 70% 80% SUPPLEMENTAL 9ENEF:'S: (per hour worked) $12.41 Listed supplements apply to Ajr classifications ( x )Yes ( )No. 8-52 WAGES(per hour) 5/04/92- S/03/93- 5/02/93 5/02/94 Bui ldi,ng: Tile Layer Helper b Finisher. . . . . . .$ 22.45 23.70 OVERTIME PAY: See ( A. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL SENEF'T5: (per hour worked) $9.87 $10.09 Listed supplements apply to classifications ( x )Yes ( )NO. 8-88 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor , Public Work 9,4005 62 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 16 Mason (cont. ) l 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."" ALLOriABLE RATIO: Apprentices) to Journeymen ( 1-1)(1-5) APPR_NTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 55% 70% 85% SUPPLEMENTAL 8EN FjZCL (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 WA (Per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Stone Setter. . . . . . . . . . S 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: Apprentices) to Journeymen ( 1 - 10 ) AP. RE4TICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nC 3rd dth 5th 6th 7th 8th SOX 55: 607. 65» 07. 807: 90% 95: SUPPLEMENTAL BENEF17S- (per hour worked) Journeyman 515.60 1st & 2nd yr Apprs. $12.06 All other Apprs $15.60 Listed supplements apply to A", classifications ( x )Yes ( )No 8-84 WA (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: ( t/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 4th 5th 6th SOX BOX 70: 807: 907: 90X SUPPLEMENTAL SENEFI'S• (per hour workeC) $18. 18 Listed supplements apply to ALL classifications ( x )Yes ( )NO. 8-197 • PREVAILING RATE SCHEDULE ( )Se3 NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public work 9400562 -1-993a- /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 b Polisher. . . . . . . . . . .S 28.76 add .85 per hr. Marble- Cleaner. . . . . . . 14.37 no add per hr Maintenance. . . 13.22 no add per hr V RT M PAY: See (A,E.O.V ) on OVERTIME PAGE attached. A * AY: 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. 5 h. 6th 7 h 6th. 50% 54X 59� 63X 67Y 72 75% 607 SUPPLEMENTAL 8 NFFTTS•(per hour worked) Sawyer/Rubber/Polisher 511 .62 Cleaner/Maintenance $ 3.50 Apprentices S 5.43 plus wage : of $ 6. 19 Listed supplements apply to AL,, 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 b Setters. . . . . . . . . . . . .$ 27. 14 27.64 28. 14 28.64 v RT PAY: See ( C, 0. V ) on OVERTIME PAGE attached. PA H MAY: Journeymen receive 4 hrs pay on Labor Day. Apprentices 1st three terms See (5,6,6,10,15 ) on HOLIDAY PAGE attached plus any day following a Thursday or Sunday Holiday. All other.Apprentices See ( 1 ) on HOLIDAY PAGE attached. ALLOMIA®LE RATIO] Apprentice(s) to Journeymen ( ) APPR NTICCS, ( 1/2 ) year terms at the following98 S, percentage of Journeyman's wage. 50. 559: 60 70, 80: 959: SUPPLEMENTAL SENFFITS (pr hour worked) Journeyman $11 .82 $12.40 $12.98 $13.55 Apprentices $ 5.56 plus $ 5.89 plus $ 5.89 plus $ 6.05 plus wage x of wage % of wage % of wage . of $ 6.24 S 6.51 $ 7.09 $ 7.50 Listed Supplements apply to A" classifications ( x )Yes ( )No. 8-4 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 s 1993a-7/01/9 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 b Derrickman $ 24.82 Addit. .70 per hr. T PAY• See ( C, 0, V ) on OVERTIME PAGE attached. P H Y- 1/2 Day for Labor Day. SUPP!EMFNTA B NFc*TS-(per hour worked) $19.47 Listed supplements apply to AJ,,'� 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 HO ,6AY See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO- Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTIGZYL:(-1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd 50: 65% SUPPLEMENTA BENE --c-(per hour worked) 34 1/2% 34 1/27. 34 1/2. Plus Plus Plus $2.00 $2.00 $2.00 Listed supplements apply to A", 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. AY: See ( 1 ) on HOLIDAY PAGE attached. ALL 414 19 RATIO: Apprentices to Jo6rneyman(1 - 1, 1 - 6,2 - 7) APPRENTICES: (1 / 2) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rC d h 50% 60% 75x 90» SUPPLEMENTAL B NEPTTS-(per hour worked) 37 1/2: 37 1/2: 37 1/2: Listed supplements apply to Ay j, classifications ( x )Yes ( )No. 8-1974 ------------------------------ • PREVAILING RATE SCHEDULE ( )S•NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/23 tnru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 19 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 PI See ( A. K ) on OVERTIME PAGE attached. PAID HOLrOAY: See ( S. 20, 21, 22 ) on HOLIDAY PAGE attached. LLOwA AT • Apprentice(s) to Journeymen ( 1 - 5 ) APPRE-tJ 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 BENE='-S•(per hour worked) Journeyman $11.40 Appr 1st year S 4.76 Appr all other terms S 9. 13 Listed supplements apply to ABY 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. A1LOWABLE RATIO• Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage 1st. 2nd 3rd 4th 5th 6th 50% 60: 65: 70y 80: 90y SUPPLEMENTAL SENEc--S• (per hour worked) Journeyman $ 9. 13 Apprentices Wage % of $ 9 13 Listed supplements apply to classifications (X)Yes ( )No. 4-1486 • PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Department of Labor Case Number Bureau of VAOCS62 s Public Work 1993a- / 1/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 20 PLUM s' WA.Ec(Per hour) 7/01/92_ 1/01/93- 12/31/92 7/01/93- 1/01/94- 6/30/93 12/31/93 4/30/94 Plumber. . . . . . . . . . . . . . S 29.20 29.85 30.50 31. 15 �Pff,(SSoe (A,O,O,V ) on OVERTIME PAGE attached. eon HOLIDAY PAGE attached. PPAPbrentice(s) to Journeymen ( 11 )year terms at the following percentages of Journeymans wage '— 2nd are 4th 5th 45x — 65: 70% 75x SUPPL"MENTAL BFNEFT a (per hour worked) Journeyman $12. 18 APPr 12t term 5 7.44 $12.43 $12.68 $12.93 Appr 2nd term S 7.53 $ 7.59 5 7.74 S 7.89 Appr 3rd term S 7.82 S 7.68 S 7.83 S 7.98 Appr 4th term S 7 72 S 7.77 $ 7.92 S 8.07 Appr 5th term S 7 81 $ x•96 S 8.02 $ 8. 17 S 8. 11 S 8.26 Listed supplements apply to A classifications ( X )Yes ( )No tp lumR775 —!'� 4-775 RESIDENTIAL Not Available 4-775r 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 21 STEAMFITTER/SPRINKLER FITTER WAGES(per hour) 1/01/92- 7/01/92- 12/30/92- 8/30/92 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. PAr HOLTDAY: See ( 1 ) on HOLIDAY PAGE attached. RATIO, Apprentice(s) to Journeymen ( 1 - 3 ) A : ( 1/2 ) year terms at the following percentage of Journeyman's wage. aozt. 2oz. 3rd. 4th 5th 6th 7th 6th 95xh B0„* Sox 50% 65x 55% 80% 5h SUPPLEMENTAL SENEFITS: (per hour worked) Journeyman $14.64 Apprentices $ .29 plus term x of $14.35 Listed supplements apply to A” classifications ( X )Yes ( )No. 8-638s/s ------------------------------ WAGES(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 comoined 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. A-LL2WABL= RAT( 1: Aporentice(s) to Journeymen ( 1 - 3 ) APP T* =� ) 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 BE�19F:7S• (per hour worked) Journeyman $ 3.92 Apprentices 1st year S 3.21 2nd year S 3.34 3rd year S 3.50 4th year S 3.71 Listed supplements apply to A.LL classifications ( X )Yes ( )No. 8-638s/sser'v PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9100582 y Public Work 1993a- /01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 22 ROOFER WAGES(per hour) 1/01/93- 9/30/93 Roofer/Waterproofer. . $ 22. 14 V T PAY-New Rog ,;_ See ( A. E, 0 ) on OVERTIME PAGE attached. PAY-Reroof: See(8, E. 0) on OVERTIME PAGE attached. P ee ( 1 ) on HOLIDAY PAGE attached. w ATIO: Aporentice(s) to Journeymen ( 1 - 5)13 - 5) vR ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th, SOX 55% 60% 65% 70X 75: SUPPLEMENTAL 9ENEFITS:(per hour worked) Journeyman $14.58 Apprentices Wage % of 14.55 plus S .03 Listed supplements apoly to A." classifications (X)YeS ( )No. 4-154 SH9=TMETAL WORKER WAGES(per hour) 2/01/93- 7/31/93 Sheetmetal Worker. . . . S 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 OVERTIM-c PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWARLg RATIO: Aporentice(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 9ENEF:7S• (per hour worked) Journeyman $16. 10 Appr 1st term $ 5.31 Appr 2nd term S 6.92 Appr 3rd term S 7.57 Appr 4th term S 8.22 Appr 5th term $ 8.98 Appr 8th term $10.20 Appr 7th term 510.77 Appr 8th term $12.93 Siding/Deck Spec. S 4.57 Listed supplements apply to A.LL classifications ( X )Yes ( )No. 8-28 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Department of Labor Bureau of 9400562 ` Public Mork 1993a-7/01/93 thru 8/30/94 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. WAGES(per hour) 7/01/92- 6/30/93 Truck Driver (Building andHeavy/Highway) : Group 1. . . . . . . . . . . . . . 21.935 Group 2. . . . . . . . . . . . . . 22.495 OVERTIME PAY- See ( B. E. P, T ) on OVERTIME PAGE attached. PAID Off DAY- See ( 5,6,7, 11, 12 ) on HOLIDAY PAGE attached. SUPPLEMENTA BENEETTS- (per hour worked) $12.7425 Listed supplements apply to Classifications 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 HQ1 IDAY ( 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 [-2nd. 3rd 4>! Srh 6th 7th 8 h 9thloth of Journeyman's wage. 351: 40. 45r. a0: Sa. 60X 65% 70% 75%. 80: SUPPLE4 NT4 9ENEErrS• (per hour worked) Journeyman $ 4,41 plus S 4.57 plus S 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 8 2nd yr; $ 3.48 plus S 3.79 plus S 4.40 plus Appr 3rd r 2% of wage 2% of wage 2% of wage Y $ 2.66 plus S 2.97 plus S 3.58 plus $2.00 per $ 2.00 per $ 2.00per day plus day plus day plus Appr 4th yr 17% of wage 17% of wage la% of wage S 2.66 plus S 2.97 plus $ 3.58 plus $4.00 per S 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 S3.58 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 classifications ( X )Yes ( )No. 8-!3' 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/ 0/94 Published -07/01/93 SUFFOLK COUNTY Page 24 HIGHWAY STRIPER WAGES(per hour) 4/01/92- 4/01/93- 3/31/93 3/31/94 Painter(Striping-Highway etc. ): Striping-Machine Oper.S 16.92 17.57 Helper. . . . . . . . . 15. 14 15.79 Linerman. . . . . . . . . . . . . . 17.44 18.09 V R"IL PAY* See ( B,E,P,S ) on OVERTIME PAGE attached. i LIDAY: See ( 5,6.8,10, 11,12, 15, 16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEcTTS-(per hour worked) S .50 plus $ .50 plus 24 r of 24„ of wage wage Listed supplements apply to Ay, classifications ( x )Yes. ( )No. 8-230 TREE TRIMMER WAGES(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer-T 7 (start) . . . S 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 Driver,Grounasman. . . . . . 9.53 OVERTIME PAY: See ( B. E. 0 ) on OVERTIME PAGE attached. PAID NOLID,YS: See (5.6,7,8. 11,12, 18,19)) on HOLIDAY PAGE attachec. SUPPLEMENTAL BENE='T (per hour worked) Health/welfare. . . . . . . . S Contr.Provide H. 3 W. + $10,000 Life Ins. Annuity. . . . . 35 Holidays. . . . . . . . . . . . . . (12 paid) . Vacation- after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeets. pro-ratea if less than 1700 hrs. in prior year. Listed supplements apply to classifications ( x )Yes ( )No. 4-1049t PREVAILING RATE SCHEDULE ( )See OTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-1/01/23 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 25 SURVEY GREW WAGES-(per hour) 8/01/90- v 7/01/91 7/01/92- Survey Rates-Building: 6/30/91 6/30/92 6/30/93 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,O ) on OVERTIME PAGE attached. PAID HOLTnnv, See ( 5.6.7,11, 12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL RENFFTrS. (Per hour worked) $10.25 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-150b ------------------------------ WAGES:(per hour) 8/01/90- 7/01/91- 7/01/92- Survey Rates-Heavy/Hiway: 6/30/91 6/30/92 6/30/93 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.O ) on OVERTIME PAGE attached. AIi� 0 HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL A NEFIT � (Per hour worked) $10.25 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-150-N/S SURVEY CREW - CONSUI TING ENGINEc.RS 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- Survey Rates: 6/30/89 6/30/90 6/30/91 Party Chief. . . . . . . . . 18.01 18.61 19.01 Instrument Man. . . . . . 15. 18 15.78 16. 18 Rodman/Chainmen. . . . . 12.43 13.03 13.43 V T 4Y• See ( B,E,O ) on OVERTIME PAGE attached. A H Y• See ( 5,6,7,11, 12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL 8 NFFITS� (Per hour worked) $ 4.42 $ 5.02 S 5.87 Listed supplements apply to A" classifications ( x )Yes ( )No 8-150c PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor .8400582 Public Work 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 26 DRILLING t- WAGE,T(per hour) 10/17/91- 10/17/92- 10/17/93- Cors Drilling: 10/15/92 10/16/93 10/16/94 Driller. . . . . . . . . . . . S 18.735 19.485 20.235 Helper. . . . . . . . . . 15.725 17.225 17.725 OVERT PASee ( B, E. P, S ) on OVERTIME PAGE attached. PAID HO Y • See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS•(per hour worked) S 6. 19 $ 6. 19 S 8. 19 Listed supplements apply to _A" classifications ( x )Yes ( )No. 8-1536 ------------------------------ WAGES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Oriller: 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. ALLOW4BLE RATIO• Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPRIE NT L SENccTTS Aper hour worked) S 4.25 plus 9 % of wage Listed supplements apply to classifications ( x )Yes ( )No. 4-138well PREVAILING RATE SCHEDULE ( )S•OTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 3 - 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 27 POWER 9QUIMOR A (per hour) 7/01/92- ui ldin s Hoist(Multiple Platform) 26.43/93 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 stane 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) Compressor(Structura Ste23.55 ell 23.535 Boiler, Bulldozer, Compressor(on Crane) , Comoressor(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 Mount ed(used for other than stone or steel, Pulvi-Mixer,Pumo(Dble Action Diaphragm) , Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point) , Welding and Burning, Welding Machine (Pile Work) 23.3 Curb Maching(Asphalt or Concrete 85 Curing Machine, Pump(Submersible) , Maintenance Man G 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(Smali) , Vibrator(i 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 ( 0, 0 ) on OVERTIME PAGE attached. PAH AY• 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 BENEFTTS• (per hour worked) S15.04•Note *Note: $ 4.00 of this amount paid at premium rate for overtime hours. Listed supplements apply to A" classifications ( )Yes ( )Na. 4-138b ------------------------------ PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9400562 1993a-7/01/9 thru 6/30/04 Published -07/01/93 SUFFOLK COUNTY Page 28 Operating Engineer (cont) " WAGES(per hour) 7/01/92- HEAVY / HIGHWAY: 8/30/93 Scoop(Carry-All,Scraper in Tandem) , Tower Crane(Engineer) , 24.635 Backhoe, Crane(Stone Setting) . , Crane(Structural Steel) , Oragline, 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 Mach ine(Front-End) , Powerhouse, Power Winch(Truck Mounted-used for other than stone or steel),Power Winch(oth.er 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-A 11,Scraper, Maintenance Man, Vac-All, Welding b Burning 23.27 Generator 23. 12 Portable Heaters 23.375 Compressor, Mulch Machine, Pin Puller, Pump(Double Action 0iaphragm) ,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) Tractor,Caterpillar or Wheel 21.76 21 .585 OVERTIME PAY: See ( 0, 0 ) on OVERTIME PAGE attached. PA H LIDAY: See ( 5,6,7, 11, 12 ) on HOLIDAY PAGE attached. ALLOWABLe R6TIO, Apprentice(s) to Journeymen (1-1)(2-6) Apprentice Rate is $17.945 plus full benefits for 36 Month term. SUPPLEMENTAL BENEcrTSi(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 ( )See NOTICE PAGE ATTACHED State of New York Department of Labor ase Number Bureau of 9_400562 Public Work 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- 9/30/93 9/30/94 9/30/95 /30/995- Hydraulic Dredge: 9/30/96 Class A: Leverman 20.77 Engineer, Derrick Op. 19.57 21.56 22.44 23.35 Chief mate on Dredge 19.28 20. 11 20.78 21.51 Class C: 19.82 20.47 21.20 Maint. Eng. 19.23 19.72 Mate 17.97 20.32 21.04 Boat Captain 18.41 18.97 19.65 Class 0: 18. 11 18.56 19. 12 19.80 Dockhand 15.30 15.51 Fireman, Oiler 15.89 15.83 16. 15 Shoreman 15.30 16' 11 16.84 16 77 1---- 15.83 16. 15 -------------------- ----- Tug Boats: Class A: Tug Master 18.94 Tug Chief Engineer 18.46 19.41 20.00 20.71 Class C. 18.92 19.49 20. 19 Tug Captain 18. 11 Tug Engineer 18.56 19. 12 19.80 Class 0: 18' 11 18.56 19. 12 19.80 Tug Oeckhand 15.50 15.71 16.03 16.36 ---- - iPoer and Clamshell Dredges:---------- --------- Class A: Operator Engineer 21. 14 21.94 22.83 Class C: 19'98 20.54 21 22 23.76 21.97 Maint.Engineer 19.23 Mate 19.72 20.32 21.04 BoatMaster, Welter 17.97 18.41 18.97 18.95 ig d2 19.55 Boat Captain 18. 11 20.01 20.72 Class D: 18.56 19. 12 19 80 Oiler 15.89 Dockhand 16. 11 16.44 16.77 15.50 15.71 16.0316. ,.06 -'---'---- DVERTrME aev. PAID HO Tnev. See ( B. E. P, S ) on OVERTIME PAGE attached. 1 y. See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPLEMENTAL BENE=ITS apply to ALL classifications of the above HYDRAULIC, O:PPER, CLAMSHELL DREDGES and TUG BOATS. SUP P1PMENTAL B Nc--T^ (per hour workeo. ) All Class A $ 4.53 Plus $ 4.us $as $4.03 8X of Plus plus plus 8X of 8% of 8% of All Class C $ 4.24 age $a4e34 wage wage Plus plus $ 4.34 8% of 8% of plus plus wage 8X of a 8% of g wage wage wage All Class D $ 3.96 plus $ 4'06 $ 4.06 $ 4.06 8X of Plus plus plus 81. of 8% of 4-25a wage wage wage 8% of PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9100582 Public Work " - 1993a-7/01/93 thru 6/30/94 Published -07/01/93 SUFFOLK COUNTY Page 30 MARINE CONSTRUCTION(cont) �- WAGES(per hour) 10/01/92- 10/01/93- 10/01/9x- 10/01/95 9/30/93 9/30/94 9/30/95 9/30/95 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 Dockhand 14.63 14.83 15. 15 15.43 OffAT.ilFIOLIDA . See ( B. E, P, S ) on OVERTIME PAGE attached. rPnA�IuD Y• See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS (per hour worked) Class A S 4.63 plus $ 4.63 plus 54.63 plus $ 4.63 plus 8% of wage 8% of wage 8% of wage 8: of wage Class C $ 4.34 plus S 4.34 plus S 4.34 plus S 4.34 plus 8% of wage 8% of wage 8% of wage 8: of wage Class D S 4.06 plus $ 4.06 plus S 4.06 plus S 4.06 plus 87 ofwage 8: of wage 8% of wage 8% of wage Listed Supplements apply to ,A" classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES 1 STATE OF NEW YORK DEPARTMENT OF LABOR 7 BUREAU:OF PUBLIC WORK STATE OFFICE BUILOING CAMPUS ALBANY, N.Y. 12240 �- 01/05/94 Page 1 LIST OF 94P!OYERS INELIGIALc TO BID ON OR BE AWAROEO ANY PUBLIC WORK 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 Oate Date Fiscal Barred of of 1st of Last Officer Until Oeterm's Wilful Wilful (see Note:) L & M Company, A Oiv.of Nieto Roofing Contractors.Inc. ( 3 ) 05/05/87 09/13/89 OCL 9/13/94 501 Willett Ave. ,Port Chester,NY lO573 _ J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Hgt. ( 2 ) 05/07/87 05/16/99 DOL 5/15/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc. a/k/a Premier Restoration & Supply, Inc. and ( 2 ) 09/17/86 04/13/89 DOL .i 13/34 178 Front Ave. , West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. ( 2 ) 01/27/88 06/15/59 CCL 70 Browns river Road, Sayville, New York 11782 Mid-States Industries, Ltd. ( 2 ) 03/03/87 06/22/89 COL 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. ( 2 ) 01/21/86 11/08/89 CCL 926 Lincoln Ave. , Holbrook, New York 11741 Dickson Painting, Inc. ( 2 ) 09/10/86 03/13/90 COL 3/'3/95 326 Maple Street, Endicott, New York 13750 Silver Springs Construction Corp. ( 2 ) 11/15/88 02/23/90 OCL 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. ( 2 ) 12/16/88 10/25/90 OOL 1^,/25/95 359 Duffy Avenue, Hicksville, New York 11801 Stride Construction Company and Christopher Risdale & Oavid Strand (Individually) ( 2 ) 4/06/87 11/15/90 OOL 11/15/95 78 Otis Street, Rochester, New York STATE OF NEW YORK, 1 DEPARTMENT OF 4808 BUREAU-OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS AQSANY, N.Y. 12240 (CONTINUED) 01/05/94 Page 2 T. J. Marks 3 Sons Inc. PO Box 145, ( 2 ) 7/01/87 10/19/90 OOL Guilford, New York 13780 10/19/95 Montour Metals,Inc. 116 North Catherine St. , Montour Falls,New York ( 2 ) 09/28/90 09/24/91- DOL Sloan Steel Erectors 8 EgUip.Rental,Inc. 09/24/86 1560 Harlem Road,2Buffalo. NY8114206 02/19/92 DOL 02/19/97 G b C Construction Corp, 3706 12th Ave. ,BrooklYm. NY6/90 11218 10/06/92 DOL 10/06/97 Nelson's LampLighters,Inc. 1811 Castle Garcens)Road29/87 Vestal. NY 138500 /30/92 OOL 10/30/97 Global Oceanic Enterprises 90 P.O. Box 99, Langnorne,0pa. 19047 09/15/92 DCL 09/15/97 Atlantic Contracting Corp 52-09 31st 2 ) 11/23/92 02/08/93 CCL Pl ,Long Is. City, NY 11101 2;..n 3/98 Easton Industries,Inc. 3100 7th Avenue, Troy, NY/26/912180 04/08/93 DCL 04/03/98 Associated Safety L`ght�ng.Inc. 10/05/87 12/21/90 DCL 2788 Mohawk Street, Sauquoit, NY 13455 12/21/95 Owners Management & Const.Corp. 14-08 Clintonvi?ie St. ,Whitestone, NY 1135'/ 08/93 OCL 01;03/93 Melis2 Building Impvt. , Inc. 49 Crescent ( 2 ) 07/24/97 01/29/93 OCL Place, Lackawanna, NY 14218 01/29/96 J.F.B. Painting $ Suaoly,Inc. 722 West Gray(street. Elmira88NY 14901 02/19/93 OCL 02/18/99 Rosenthal Contracting,Inc. RD 1, Box 402( Owego, NY/07/92 13827 01/28/93 DOL 01/29/99 Fingeriakes Painting 8 Decorating 150 Lenox Road. Geneva06NY814456 NA OOL 05/28/98 Silver Steel Erectors 494 Ashland Ave. )Buffalo/NY/93 14222 11/30/93 OOL 11/30/98 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. AThe ny questions regarding these listings should be addressed directly to the Comptroller. Bureau Publick of he ew Stte as eprtmnt ofLOaborOL• will respond docm:deoarred S EC.1.ICaN m ; CCM?LIANCc W17H THE L4307 LAW AND OTHER DEPARTMENT OF LABOR REGUL4TICNS A. STAIEE GU•L4T1ONS 1, The Contractor shall ccmcly with the epelicable previsions of the "Lobar Lawn es emended, of the State of New York. This Contract shall be void unless applicable sections of said Leber Law ore complied will;, 2. Ecch and every provision of law and clause required by law to be pert of this • Contract shall be dce.•ned to be included herein and this Contract shell be re=d and enforced as though it were included herein, and, if thrcucn'mere mistcxe or otherwise any such provision is not included, then u.:on the epplicatian of either pc,-ty hereto, the Contract s-cll forthwith be p^ysic_lly amended to rrc�_ such inclusion. Scecific=Ily, Section 220-e, of the Labor Lew, as so cmendec,•prci^ibits in contracts, discrimination on account of race, creed, color, er notional oricin in employment of citizens upon public works. There may be de-ucted from the amount payable to the Ccntrceor by the C••.ner under this Contract a penalty of five (S5.CO) dollars for each person for eac:i cale�dcr day during which such pe-on was disci imina.1ec against or intimidc-ed in violation of Section 220-_.; provided, that far a secand cr any subsequent vibicticn of the provisions-of said perccrcpn, this Contract may be canceile�-4 or terminated by the Owner and oil monies due or to bec_rne due herecrnder Pcy be forfeited. CC"APLIAN CE Wil - ='OV151CNS CP T-HE L,''•3CR L--W Pursuant to Article 8 of the Lcacr Lcw, the cznrraclor's et:cnt;en is d;recte� to the Followinc requirements: 1 . Section 220.2 which requires a itiri;ic:ion that no taborer; workman or mecacr.ic in the enploy of the contrcct,:r, subcontractor or other n doing or c-irra;,t- ing to do the whale ora pert of the work c:nte-plate: by the contract shell be per-lifted or re:Jired to work mere than eichr hours in c:-v one calender day or more then five days in cny one week except in the e:-,ercencies set forth in rhe Labor Law. 2. Section 2=0.3 wnici requires a provision that eccS laborer, workmcn or mec=,cn;c employed by the cantrcctcr, subcontractcr or other perscn about or upon such public work, shall be paid not less then the prevailing rate of wages enc; shall be provided supclements not less then the preva;l;ng sur:le-rents es deter-lined by the fiscal oFF;cer. 3• Section 21,W.- also re_uires the: the ecntrcear enc every subcon;rector on Public works cent,a-ets s:.cli pest in a prominent and accessible clece an the site of the work a iec;ble stcternenr of all wage rates and sueclements es sce:ified in the cantrcc: to be paid or prey;ded, cs the case may be, for the vcricus cJcs- of mechc ,;cs, workincrien, or laborers employed on the work. ses 4. Section 220.3-e provides that,apprentices will be per.^;tted to work as such only when they ere ro=istered, individually, under c bdnc Fide program re_istered with the New York State Depert-ient of Lc-cr. The allowable ratio of a trent;cos to icurneymen in any crcF: cicss;f;cation shell not be greeter than the ratio pe7i-trec to the c-ntractar as to his wo K force on any io:; under the registered program. Any employee listed an a payroll et an apprentice wage rate, who is not registered as above, shall be paid the wage rete deter-mined by the New York State Deccrtment OF Labor For the cJcssificaticrn of work he actually perfor-ped. The contrectcr or subcontractor will be required to Furnish written evidence of the registration of his procrcm cnd ecorenticei es well as of the eppreoricte ratios and wage rates, for the crag of construction prier to using any ep=ren:ice on the ccntrect work. 5. Sect;bn 220-e which requires prov;sicns by which the cc^ihrcctcr with th e State or municipality agrees: (a) That in the hiring of emplcyces for the perFors:ance of work under this eantraet or any subcantrcc. hereunder, no contractor, Subcontractor, nor any person acting on behalf of such contractor or subcontractor, shell by reason of race, creed, color or national origin discriminate ecginst any c;;7-en Of the State of New York who is qualified and avc;leble to pc,•{on`n the work to which the employment relate; (b) That no cantroctor, subcantractor, nor any perscn on his behalf shall, in cny mcnner, discr imincte against or intimidate any employce hired for the performance bf work under this contract on account of race, creed, calor or national origin. (Your ct:ent;on is directed to the provision, of the State Law against Discrimination which also prohibit discrimination in employment because of oge); M - 8 l (c) That there may be deducted from the crrncunt payable tc the contractor by t:-: Stcte or municipality under this-'-cantrect a penalty of five dalle far occii e_Iendor day during whiter :ch person was discrim;ncteo accinst or int;rnidate_ in violation of the provisions or the contract; (d) T net this eontrcct may be cancelled or ternincted by the State ar mur.ici-a:- ity, and all honeys due or to bec=ome due hereunder ma., be forfeited, for e second or any subsequent violation of th-e- terms or candir;cns of this se:t;cn of the contract. 6 . The aforesaid provisions of Section 220-e whits+ covers every contract for or on , enc: oft the Stcte or municipality fort the mcnufoctu.re, sale or distal-.ur;cn of materials, ecu;i.ment or supplies shall be limited to operations performed w;tZ;n the territorial limits of the State of New Yark. 7. Section 2:2 whic=h requires that preference in err.cloyment s4cil be c;ve-I tz zeas of the Stere of New York who have been residents for et lec:t six car.:e=v!iVI mcnt'-s irmed;ctely prior to the cammencernent of their empicyment; that perscr.s other then citizens of the State of New York may be anploved when suc.- citi=ens ore not evc;lcale; end that if the requirements of Section 222 concerning p:�fer- ence in employment to citizens of the State of New York ore not ccmcl;ed wit:,, the contract shall be void. 8. Section 222-c whic=h recuires that if in the construction of t:,e public worn c harmful dust he=crd is created for which c-plicnces or methods for the elinir.at- tion of Harmful dust hazard is crested for wn;ch appliances or methods for the elimination of hcrrrn,ul dust have !yen cperoved by the Bcard of Stcndard Apcecis, such appliances cc nethods shell be installed end maintained and effectively ooerated by the contractor; and that if the prcvisiens"of Section 222- concerning harmful dust hazards are not complied with, the contract shall be void. Oi;; :3 RECU IR EMENTS Every State ca-trcctinc ecency, includ;r.c Public cuthcrit;es, nu=t inc!ud-e in each ccntrce perccrcrns (c) through (c) of the Standard Srcte Cantrcct clauses pr.;rnulc=ted by the Governor on September 12, 1963 cnd amended November 1Q, 1463. Labor cicssifications*not arpe=ring on the ccccr.%pcnying schedule of weces can be used only with the consent of the department of jur;sdicticn and then the rete to be Acid will be given by the department of jurisdiction after being advised by the New York State Deportment of 'Labor. The ccr.trecter shell make such provision for d;scbil;ty benefits, workmen's cornoenset;en, unemployment insurance, social security and safety code provisions as arc required by low. M _ 9 as ;r--ue-' =7 the State C that ecc.� as czntcins a stic an-m;ss;cn For Humc, -1 that: "It is hereby cc parties herc!o thc! e,.- v.1c:;c fY czntrcc!c.- and -reed '--v on-: in this centro shell Subc=n.lr=c! C Zerweerl toe past and rmc;,tcir ced in the 0 ena'-' Wh;c-� the public wo,.,,c descri'-ec' here, . at ecc.� or his evIcb._. P.—fic Wcrx desc:-:*zec- Ccr-Mi!sjon for Hur. ;.,der is behic con ducI's-.Irn' c'-1ts and C-0 all zlcces at - Hum I ; d;c=�inc the .Ubs. -. 4 C.4, Discrimination ,on Rich's n t;ve prov the Notice OF !':.e State r, ;S;cns Ot' the Law L'*- where c=rm=Icints er.c., be Me-:1, c SC Ins Notice shall be Posted in easily cca cert; es'Sicie and well J;c.�ta._: - Cf—.C,;Cn. Suc-, by*e.,.nployees and CPPI;c=nts For efn=lcyme.nt. Places C--.S,'=Mcr,il , de=cr,,m, e.*It hcvin6" jurisdiction, or , 'I The N frectientec; rrcrz t;Ce mc" be c:. in the respective area. the cfr;cm of Nhe Stcte ' -t C.,n e'd far rumen Ric:— Ycu are recues-ed to reFer to t-- ..e Burezu c ernplcyr-.jent incILdir c :i:crim' �_ec"SF Pu':I';c Wor�- oil C'I-C.,-es OF (,. e Of C,-7e, race, CZ-1or Or na.,icn.1, Cri='n 10 r 1 • • y r SECTION N NON-01SCRIb-41 NATION CLAUSE During the performcnct of this contract, the contractor cc-rets cs follows: C. The Contractor will not discrimincte accinst any employee or c:plicant for employ_ mens because of race, creed, color, or national origin, and will take afsirrsetive action to insure that they are afforded equal-employment opportunities without diseriminction because of race, creed, color, cr notional origin. Such cation shall be taken with reference, but not limited to: recruitment, employment; job assicnm ant, promotion, upgrading, demotion, transfer, lcvoif or tesanincticn, rotes of pay or other forms of compensation, and selection for training or retrain- ing, including cpprenticcship cnd on-the-job frcining. 6. The Ccrrtrector will send to etch Ieoor union or representctive of workers with which he has or is bound by a collective bcrgcinir.g or other ecr_enent or understanding , c notice, to be provided by the Conm4sion of Humcn Rights, advising suc.� labor union or representative 'of the Contractor's agreement under clauses "e." through "h. hereinafter cclled "non-discrimination clauses", and recuesting such labor union or representative to agree in writing, whether in such collective bcrecining or other agreement or understanding or otherwise, that such lobar union or representative will not discrimincte against any member rr cpplicont for membership because of race, creed, color, or notional origin, and will take CH-Irr-etive action to insure that they are afforded egvcl membership opportunities without discrimination because of race, creed, color, or nctioncl origin. Such action shall be taken with reference, but not be rirnited to: recruitment, employment, job assignment, promotion, upgrading, de- motion, transfer, layoff or tern-tinction, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship cnd on-the-job train ing. Such notice shell be given by the Contrecior, and such writ tervcgreemant shell be made by such labor union or representctive, prior to the carnmence.:mant of per- formcnees of this contract. If such lobar union or representctive fails or refuses so to agree in writing, the Contractor shall promptly notify the Carmmission for Humcn Rights of such failure or refusal. C. The Contractor will past cnd keep posted in conspicuous places, available to employ, and applicants for employment, notices to be provided by the Commission for Humcn Rights setting forth the substance of the provisions of clauses "a." cnd "b." cnd such provisions of the State's Laws against discrimination as the Commission for Humcn Rights shall determine. d. The Contractor will state, in all ,ol;citctions or advertisements for employees placed by-or on behalf of the Contractor, that all quolified applicants will be afforded a-uc employment opportunities without discrimination because of race, creed, color, or nctioncl origin. N - 1 e. The Contractor will comply with the provisions of Sections 291-299 of the Exec-it; Law and the Civil Rights Law, will furnish all infcrnction and reports deersed nee sorry by the Commission for Human Rights under these non-:iscrimircticn clauses c: such sections of the Executive tcw, and will, pe^..'sit access to his books, records, and accounts.by the Commission for Human Rights, and Owner representctives/c=L for purposes of investigation to ascertain compliance with these nen-discriminetior. Ileuses and such sections of the Executive Lew and Civil Riahts Law. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting acency upon the basis of a finding made by the Comnissic . of Human Rights that the Contractor has not complied with these non-d4criminetio clauses, and the Contractor may be declared inelicible for future contracts made b or on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is ccrryina out a program in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission far Human Richt$ after conciliation efforts by the Cornnissien have fail to"achieve compliance with these non-discrimination Clouse$ and after c verified c plaint hcs been filed with the Commission, notice thereof has been eiven to the Cc tractor and on opportunity has been afforded him to be heard publicly before three members of the Commission. Such scntions may be imposed and remedies otherwise provided by law. g. IF this Contract is cancelled or terminated under clause "E", in addition to other rights of the Owner provided in this contract upon its breech by the Contractor, the Contractor will hold the Owner hcrrpless against any additional expenses or costs it curred by the Owner in completing the work or in purchasing the"services, materic, equipment, or supplies contemplated by this contract, and the Owner may withholc payments from the Contractor in on amount sufficient for this purpose end recourse may be hod cccinst the surety on the performance bond if necesscry. h. The Contractor will include the provisions of clauses % ', through "g." in every sub contract or purchcse order in such a manner• that such provisions will be binding up, each subcontractor or vender es to operations to be performed within jurisdictional locale of the Project being centrected by the Owner. The Contractor will telae suc action in enforcing such provisions of such subcontract or purchc:e as *the Owner/ Contracting Agency may direct, including sanctions or remedies for non-camplienc If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vender as a result of such direction by the Contracting Agency/Owne" the Contractor shall promptly so notify ilia Owner's repre$entetives/counsel, rec$ue: him to intervene end-protect the interests of the Owner (Contracting Agency's jurisdictioncl arca). 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 specifitations . Section 1010 - SUMMARY OF WORK 1 . 01 WORK COVERED BY THE CONTRACT DOCUMENTS A. The purpose of the work is to cut energy costs , and includes new lighting fixtures , acoustical tile restoration, a new propane fired hot air furnace , and ductwork modifications to existing buildings . 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 — XPPLICABLE 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 agencies . ordinances of local governing 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 1c�0-1 Section 1600 - SUBSTITUTIONS 1 .01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed . 1 . 02 CONTRACTOR 'S OPTIONS: A. For products specified with the notation of "or equal " or "or approved equal " , the Contractor may submit an equivalent product for approval by the Architect . B . For products specified by naming only one product or manufacturer, unless otherwise indicated , the Contractor may submit an equivalent product for approval by the Architect if such a product is available . 1 . 03 PROCEDURE: A . Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents . Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect . B . Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions . C . In making request for substitution . Bidder/Contractor represents : 1 . He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified . 2 . He will provide the same guarantee for substitution as for product or method specified . 3 . He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects . 4 . He waives all claims for additional costs related to substitution which subsequently becomes apparent . 1 .04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work . B . The Architect ' s decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors , finishes and outward appearance in addition to the functional aspects of the product . 1600-1 r 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 . 16cU-2 SECTION 09510 ACOUSTICAL TILE RESTORATION Installation of acoustical tile to match existing tile is to be done in the Southold Town Hall , 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 the 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 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 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 . Table 4-4 - 7813.19 Part 4 31 �8��� 11ATnJmur�P(pe[nsulatton1� k ,, �� k� Moms,and Loop23 `T p+e..... Runouts 2J System Types : :::: Pipe Diameter c a�tge:..... (inches) F F.: _ . .: so (r ,P Insulation Thickness (inches) Fluid Heating: Steam, 351-450 .: 1 V2 2V2 2V2 ; Steam Condensate, 25Y 350 ? 1 V2 3V2 3:V2 Z 2 V2 +tot2V2 3 V2 31/2 'Water L41-Z50 1 i V2 i V2 T 2 2:u2 tab-14Q V2 3/4 1 : 1 V2 Fluid Cooling:41 Chilled Water, Brine, 4045- 1/2 V2; 1 Refrigerant Below 40 1 t 1 1 1 1 V2 1 V2 1 V2 1 V2 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 -ontaining 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'tong and connected directly to fixtures or terminal units. 3/ Piping that is not a runout. f 4/ Does not apply to piping installed more than 2'below grade. 6 t # 7813.19 Insulation of Duct Systems t s 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 52.50F, 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 = of 15 Where: A t = the design temperature differential between the air in the duct or plenum and the surrounding air in °F. 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 peer New York State Energy Conservation Construction Code 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 reflectivity of 94 percent . Fixture to be fully gasketed and sealed for dust and light leaks . Note : Annual fixture 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 . Fixtures to be manufactured with ability to change lenses by means of sheet metal screws at one end of access door . 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/T10, Lamp Ordering Code 944 , 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- 1LL-120 (single lamp) , M2-RN-Tl2-ILL-120 (two lamp) , and M3-RN-T12-lLL-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. l 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 . PROJECT DESCRIPTION SOUTHOLD TOWN HALL INSTALLATION OF NEW LIGHTING FIXTURES CONTAINING ELECTRONIC BALLASTS , FULL-SPECTRUM LAMPS , AND POLARIZED DIFFUSERS ACOUSTICAL TILE RESTORATION SOUTHOLD POLICE STATION DUCTWORK MODIFICATIONS HUMAN RESOURCES CENTER, MATTITUCK INSTALLATION OF NEW HOT AIR FURNACE, PROPANE FIRED 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 part of contract documents . for the specific provisions and requirements of this project , please refer to the full Specifications and Contract Documents . o��FFo�K�o� JUDITH T. TERRY TOWN CLERK Z Town Hall, 53095 Main Road P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Ln Southold, New York 11971 MARRIAGE OFFICER � Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER / Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 14, 1994: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for energy conservation improvements at Southold Town Hall, 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 S Consultant, P.C. ; and subject to the approval of the Town Attorney. Vic./� Judith T. Terry Southold Town Clerk June 15, 1994 • 6 DANIEL KARPEN RECEIVED PROFESSIONAL ENGINEER&CONSULTANT, P.C. 3 HARBOR HILL DRIVE JUN 8 1994 11UNTINGTON, NI:W YORK 11"14:3 (516) 427-1)72:3 Southold Town C'IArk 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 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 . Page 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 30 , 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 , / Daniel Karp/6n