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HomeMy WebLinkAboutCollection Center for Landfill SiteJUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS t OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 1990 Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 Dvirka S Bartilucci Consulting Engineers 6800 Jericho Turnpike Syosset, New York 11791 Dear Sirs: In accordance with the request of the Superintendent of Highways Raymond L. Jacobs attached are the plans for the Southold Town Landfill Collection Center. This is the only set that we have left. Mr. Jacobs assured me that you would reproduce or copy the plans and return the original to my office. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (3) sheets of plans a June 19, 1984 Stoyqrook Constctt�'on o p. t 460A Granny Rd. ,:. P.O. Box 678 Medford, New York 11763 RFCEIVEO JUN 191984' Town o� Southotd Matin Road Town Clerk Southold Southotd, NY 11791 Azt: Town Boated Re: Cottecti:on Centetc Bxt&a wo&k done by Stony Book Consttuction on the p&o1ect at no cost to the town: I. Retocated d)Live-th&u openingz; ext&a Cabo& and mate&iats. 2. Added expanzion d&owetz in &etaining wattz; ext&a tabotc and matet iatz . 3. Reg&aded &amp area twice due to town changing g&adez; ext&a Cabo&. 4. Set castings to p&open etevation in &amp a&ea. D&ywatZz i.nstatted by town.. 5. Added steeve.s in stab a&ea jo& gua&d fait. Gua&d &ait in4tatted by town. 6. P,%iotc to Sinat design o j the colt ectio n centetc, Stony B&ook Const&uet.con wo&I ed 60& pp&oximatet y two months on designs to assist the town cn this p&o j eet. Stony B&ook Conzt&uction oeeu&ed a&ehiteetu&a.b cost and time due to many meetings with the town in designing this p&oject. We have assisted the town in eve&y po.ssibte way in design and conzt,%uction o6 the p,!Ld "ect. We don't tett we zhoutd be tce4pon4ibte 6o& ine&ea4e in wages when they we&e not posted in bid package. vetsy z&ut y y u&":, TeIIV44�- Richard (Vatio& STONE+, BR©OK'COWSTRUCTTON CORP. (516) 698-3333 THOMAS C. PIEKUTOWSKI Sept.27, 1983 Stony Brook Building Systems Inc. P.O. Box 679 Granny Road Medford, N.Y. 11763 Attn: Mr. J. Monroe Stebbins Re: Southold Recycling Center Town of Southold Suffolk County, N.Y. RECEIVED ME M • ,-.71 Town Clerk Southold Fees for services incurred through July 25, 1983-------$1215.00 Total --------------------------------------------------- $1215.00 Amount paid to date ------------------------------------ $300.00 Balance due -------------------------------------------- $915.00 01 Thomas C. Piekutowski, AIA- 1240 WEST BROADWAY - HEWLETT, NEW YORK 11557 (516) 569 - 53 3 3 s +r Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 RECEIVED (516) 698-1700 JUN 11084 Town Clerk Southold June 7, .2984 Town o6 Southotd Town Boa&d 53095 Main Road P.O. Box 728 Southot d, New Yotk 11971 Att: Town Boand Dean Sits: Ptease note that we would .'Fie a meeting with the Town Boand to discuss La6an Rates on the Land6 itt contract. Pteas e contact my o b jice to z chedute a meeting at you,% ea,tt east convenience. Thanking you jon youh cooperation, T am Vetc.y ttcuty yours, Richa,td Wut4ot At Stony Brook ConAtnuct.ion Cate. RW:,st cc: Jim McMahon Goetz 9 F. tzpattick OFFICE OF TOWN 'ATTO ROBERT W. TASKER TOWN OF SOUTHOLD Town Attorney 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 June 1, 1984 4 r, 9 �zy t4on. Francis J. Murphy, Supervisor Town of Southold Main Road Southold, New York 11971 Re: Stony Brook Construction Corp. Landfill Building Contract Dear Frank: On Thursday, May 31, 1984, you delivered to me a letter from Stony Brook Construction Corp. to you dated May 3, together with attachments mentioned in said letter. It would appear that Stony Brook Construction Corp. is claiming that the Town is liable to it for the amounts set forth in the New York State Inspection Findings for underpayment of four of Stony Brook's employees on the landfill construction project. It appears from this file that Stony Brook claims that it was only required to pay the Federal wage scales which were lower than the New York State minimum prevailing wage scales. The contract entered into with Stony Brook dated October 26, 1983, provides in paragraph No. 2 thereof that "the Contractor agrees to comply with all laws applicable to such work including the applicable provisions of the Labor Law of the State of New York which said pro -Visions of law are deemed to be incorporated herein by reference." 1 also note in the papers attached to Stony Brook's letter that on November 29, 1983, Sidney B. Bowne &Son sent the New York State Labor rate schedule to Stony Brook Construction Corp. In light of the foregoing, it is my opinion that Stony Brook Construction Corp., under the terms of its agreement with the Town, agreed to comply with all of the provisions of the New York State Labor Law, and that it was in fact given the minimum prevailing wage scales by Sidney B. Bowne & Son by letter dated November 29, 1983. In conclusion, it is my opinion that Stony Brook's claim is without merit and, accordingly, the Town should continue to hold the funds required by the D Hon. Francis J. Murphy -2- June 1, 1984 Labor Department until the labor wage controversey with the New York State Labor Department is concluded to the satisfaction of the Labor Department. Yours very truly, ROBERT W. TASKER RWT : as Chester C. Kelsey, P.E, LS. Alexandre W. Mercil, P.E. Robert A Stanton, P.E. Robert W. Brown, L.S. George A Style, P.E. Jerry D. Almont, P.E. Zabdiel A. Blackman, P.E., L.S. Thomas R. Pynchon, L.S. Roland Anders Frank Capobianco Francis J. Lynch Joseph F. Stegman Paul F. Stevens Richard B. Weber Mr. Bucky Stebbins SIDNEY B. BOWNE & SON Tianeull� Uiz8iixeP.Ke 235 E. Jericho Turnpike Mineola, New York 11501 (5f6) 746-2350 May 4, 1984 Sidney B. Bowne, P.E., L.S. (1922-1959) Sidney B. Bowne, Jr., P.E. (Retired) John C. Gregg, P.E., L.S. (Retired) Robert L. Anderson, P.E. (1959-1979) Stony Brook Construction Corp. P.O. Box 678, 460A Granny Rd. Medford, NY 11763 Re: Town of Southold - Collection Center for Landfill SBB #86-633 Dear Mr. Stebbins, This letter is intended as minutes of the meeting that was held in Mr. Deans office on May 2, 1984. It is also intended to serve as a reminder to all concerned of items of work that have not been completed. The following were present: Mr. Frank Murphy Mr. Ray Dean Mr. Jim McMahon Mr. Ray Jacobs Mr. Jack Davis Mrs. Cathy Stebbins Mr. Dick Wulforst Mr. Tom Lindtvit Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Stony Brook Construction Corp. Stony Brook Construction Corp. Sidney B. Bowne & Son The meeting followed a site visit at which time the April 12, 1984 Punch list (attached) was reviewed. The purpose of the site visit and meeting was to determine and resolve any work items and administrative matters that are outstanding. The following summarizes the items discussed. I. Punch list April 12, 1984 Itam 1. Contractor will use hose to determine location of the leak and then will repair it. �. Contractor will complete this wall - even though it is not part of his work. 3. Contractor will add a weather strip. MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An E(ival opportunity Employer WF/H SIDNEY B. . BOWNE & SON Mr. Bucky Stebbins May 4, 1984 Page 2 Item 4. Same as 3. 5. All sets of keys will be handed to the Town within the week. 6. Contractor will remove the solder joining the two pipes. 7. The thermostat will be provided by the Contractor but will be installed by the Town's electrician. The Contractor will start up the system to check it out with or without the thermostat being installed. Fuel oil has been delivered. 8. Contractor will put in a continuous bead of vinyl to seal the bottom of the partition. 9. Contractor• will provide legs for the sink. 10. It is unlikely that the chains will be used but the Contrac- tor has agreed to lengthen the chains as requested. 11. The closure strips are missing and will be installed. 12. This item was deleted from the list. 2. Contractor will provide a new set of erection drawings, anchor bolt plans and the manufacturers covering manual. 3. All equipment warranties, instruction manual and catalog cuts will be turned over to the Town by the Contractor and Bowne. 4. The building is now insured by the Town. 5. No release is required for the Performance Bond. 6. No Certificate of Occupancy is required. 7. Contractor will check to see if a key for• lifting gratings is required. 8. A 12 x 12 timber• greased bumper will be provided by the Town. 9. The Town was cautioned again by the Contractor and Bowne that there should be no structural changes without getting approval from the building manufacturer. This includes removing the existing wind bracing. Also, the building was not designed for additional concentrated loads such as roof mounted N.V.A.C. equipment or lifting concentrated loads using the existing structural frame. ~s SIDNEY B. BOWNE & SON Mr. Bucky Stebbins May 4, 1984 Page 3 10. The Town has received the paint for the structural members. This painting should start as soon as possible. 11. The Town (Mr. McMahon) will resolve the ordering of extra sheets. The engineer recommended at least 10 sheets. There is always a possibility that the manufacturer will discontinue the color that was used for this building. 12. The Contractor has no change order or extras pending. 13. The Town has no change orders, credits or work outstanding or pending except for the items discussed at the meeting and incor- porated in these minutes. 14. Approximately $12,000 is being retained by the Town based on pending assessments by the N.Y.S. Dept. of Labor. Mr. Murphy has requested that the Contractor submit to him a copy of all the records regarding the assessment. He will turn the records over to Mr. Tasker, the Town's attorney for his determi- nation of the Town's liability. Mr. Lindtvit will be available for questions. Since time may affect the penalty portion of the assessment, Mr. Murphy will expedite this matter. Mr. Murphy also discussed the possibility of the Contractor paying the assessment under protest to minimize the total assessment. This will be con- sidered by the Contractor. 15. Mr. McMahon said that all other administrative paper work has been complied with. 16. Contractor will provide an affidavit of payment with this final application. I will assume there are no errors, omissions or deletions in these minutes of the meeting unless I hear otherwise. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS THOMAS LINDTVIT, P.E., L.S. TL: jd cc: Mr. Frank Murphy Mr. Ray Dean Mr. Jim McMahon Mr. Ray Jacobs Mr. Jack Davis Mrs. Cathy Stebbins Mr. Dick Wulforst Mr. Tom Pynchon PUNCH LIST -*GARBAGE DISPOSAL BLDG- - CUTCHOGUE LANDFILL For Stony Brook Construction Co., - Dated: April 12, 19841 1. Fix leak in s.w. corner (inside bldg ). 2. Complete sheeting to top - outside sheeting at west partition of shop area - some of this clone. 3. Correct bottom trim plate at door to repair shop (east wall). Snow blows through. 4. Correct bottom trim plate of door to repair shop (west partition). Space underneath door when closed. 5. Supply keys for all doors except for bathroc-n and office. 6. Copper oil feed lines to heater have been soldered together. Remove solder. 7. Install thermostat for oil burner. Town will indicate location. 8. Bottom of outside sheeting (west partition) of shop area should be caulked at bottom. Water frau rainfall seeps underneath and into the,plyaeod panels on the other side. 9. Install two legs (Posts) at sink in bathroom. Sink at present is not secure. 10. Lengthen control chains to overhead vents in roof so then can be pulled sidmiays and tied to brackets on the walls. 11. Place filler at bottom of wall,sheeting, part of east and west ends of building. 12. Re -attach one strip of plastic door at west ramp. 1 �! V4) 1 Chester C. Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A Stanton, P.E. Robert W. Brown, L.S. George A Style, P.E. Jerry D. Almont, P.E. Zabdiel A. Blackman, P.E., L.S. Thomas R. Pynchon, L.S. Roland Anders Frank Capobianco Francis J. Lynch Joseph F. Stegman Paul F. Stevens Richard B. Weber --,..._ V SIDNEY B. BOWNE & SON 7oandu�it� l�n�iteP..re, 235 E. Jericho Turnpike Mineola, New York 11501 (516) 746-2350 RECEIVED AP R 2 7 M4 April 25, 1984 Mrs. Judith T.Terry Office of the Town Clerk Town of Southold Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Re: Collection Center for Landfill North Road, Cutchogue S.B.B. No. 086633 Dear Mrs. Terry: On December 1, 1983, we returned five checks we had received as deposits on the bidding document. None of the contractors were eligible for a refund. In reviewing our records, we find we also received a fifty dollar deposit from Stony Brook Construction Corp. for the bidding documents. As the successful bidder, they are not entitled to a refund - stated in the "Notice to Bidders". I have enclosed our check for fifty dollars to cover our omission and apologize for the delay. JJM:jy enc. Very truly yours, Sidney B. Bowne, P.E., L.S. (1922-1959) Sidney B. Bowne, Jr., P.E. (Retired) John C. Gregg, P.E., L.S. (Retired) Robert L. Anderson, P.E. (1959-1979) SIDNEY B. BOWNE & SON CONSULTING ENGINEERS N J. RINO MINEOLA • SMITHTOWN • NEW YORK CITY a CLEARWATER An Equal Opportunity Employer M/F/H TOWN CLERK TOWN OF SOUTHOLD ��FF _ Suffolk County, New York 516 - 765-1801 N? 1220 2 " Southold, N. Y. 11971i� 19U 7" RI�CEIVED OF. C��IC Q -c �,7,�-XQ ---��-- �'� Dollard S -06 CJudiitt�h T. Terry, Town Cl Ca8h ❑ Cbeek O R. 0 Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 April 10, 1984 Town of Southold Town Hall 53095 Main Road P.O. BOX 728 Southold, New York 11971 RE: Recycling Center Cutchogue, New York Att: Mr. Frank Murphy Dear Sir: We would like to request final inspection on the above referenced project. Please be advised that all work is now complete. (516) 698-1700 We would also request again a meeting to discuss additional cost as per New York State Labor Rates which were not included in bid package. As you are aware, we have been notified and assessed by New York State for additional payroll according to their schedule. At this meeting we would also be prepared to discuss any additions to the contract as well as proper deductions. Thanking you for this consideration, I am Very truly yours, Richard Wulforst RW:ks cc: Tom Lintvit, P.E. Ray Dean Ray Jacobs Jim McMahon Jack Davis Stony Brook Construction Corp. 460A Crun►iy lid. P.O. Box 678 Medford, New York 11763 r March 16, 1984 New York State Department of Labor Bureau of Public Work 175 Fulton Avenue Hempstead, New York 11550 Att: Walter Popecki RE: PRC NO. 83-5480 Town of Southold Sound Avenue Cutchogue, Dear Sir: (516) 698-1700 We were informed today by the Town of Southold that they have received findings of your audit which took place January 18, 1984. We have to date not received these findings nor have we had the opportunity to evaluate or pay the assessment. The Town of Southold is withholding money due us on this contract. We still do not have the benefit of the breakdown of the assessment or how it was derived. Kindly send us the infor- mation just mentioned immediately' 50 the p,rope;r indiytduals may be paid. Very truly truly yours, GLfif�i�c�►c�LJ Katherine Stebbins President KS:jj cc: Frank Murphy, Supervisor Town of Southold CERTIFIED C:' - — -- STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK f L` CERTIFIED MAIL DATE a# March 8, 984 RETURN RECEIPT REQUESTED J -• -- ADDRESS REPLY TO: 4 ty - j Bureau"`of•'Publ-ic Work 175 Fulton Ave. Hempstead, NY 11550 T" PREVAILING RATE CASE NO.: Town of Southold 8" ------- __ Francis J. Murphy, Supervisor Main Road _ — 1 --------.._.__.--- Southold, NY 11971 NOTICE TO DEPARTMENT OF JURISDICTION TO WITHHOLD PAYMENT ^- An investigation under the provisions of Article 8 of the Labor Law has been commenced by the Commissioner of Labor to determine whether wages and/or supplements are due and unpaid to laborers, workmen or mechanics employed on the contract identified below. The Commissioner of Labor has directed me to notify you to withhold from any payments due, or to become due to the prime contractor named below, the sum shown below which may include an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty pending a final determination. This is the total amount to be withheld from the prime contractor on this contract and includes consideration of the amounts ordered withheld by any prior notification relative to the contract, (See other side of form.) Sum to be withheld $ 10, 231.21 plus 25% $ 2-557.80 = Total Sum Withheld $ 12, 789.01 This notice is issued pursuant to the provisions of Section 220-b of the Labor Law. (See other side of form.) The name of the contractor involved, and other related data, are as follows: NAME AND ADDRESS OF PRIME CONTRACTOR E.R. OR E.I. NUMBER StonyBrook Construction Corp. 460 Granny Rd., Medford, NY 11763 1 1 I1 12 10 12 I1 12 19 19 NAME AND ADDRESS OF SUB -CONTRACTOR (IF ACTUAL EMPLOYER) E.R. OR E.I. NUMBER I I I I I I I I LOCATION OF PROJECT COUNTY Sound Avenue, Cutchogue, New York Suffolk CONTRACT IDENTIFICATION NUMBERS Enc: Very truly yours, NICHOLAS VALENTINE, JR., Director By: -i SENIOR PUB O K WAGE INV TIGATOR i DEPARTMENT OF JURISDICTION PLEASE COMPLETE THIS SECTION AND RETURN ONE (1) COPY IN THE ENCLOSED POSTAGE PAID ENVELOPE The following amount has been withheld from the above contractor $ If no funds were withheld, state reason(s) SIGNATURE OF AUTHORIZED OFFICIAL TITLE DATE SIGNED PW -61 (3-83) AUTHORIZATION TO WITHHOLD PAYMENT PURSUANT TO SECTION 220-b OF THE LABOR LAW t "When an interested person shall file a written complaint with the fiscal officer, as herein defined, alleging unpaid wages or ;supplements due for labor performed on a public improvement for which a contract has been entered into or if, on the fiscal officer's own initiative, unpaid wages or supplements appear to be due, the fiscal officer shall immediately so notify the financial officer of the civil division interested, who shall withhold from any payment on account thereof, due the contractor or subcontractor executing said public improvement, sufficient moneys to satisfy said wages and supplements, pending a final determination." NOTIFICATION INFORMATION A. PRIOR NOTIFICATION 1. ® No prior notification relative to the contract. 2. E3 Prior notification was made on B. COMPUTATION The amount shown on the reverse side of this form to *be withheld from the contractor was derived as follows: 1. ® CALCULATED on the basis of man-hours worked in a specific occupation or occupations, from the payroll or related records of the employer. 2. O ESTIMATED because of the failure of the employer to furnish adequate payroll and related records needed for the purposes of our investigation. The amount shown to be withheld is for the period to , and was arrived at in the manner shown below. WEEK ENDING WEEK ENDING 3. Ix7 INCLUDED is an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty„ C. WITHHOLDING AND RELEASE DATA Amounts requested withheld and amounts to be released are indicated below: 1. WITHHOLDINGS DATE WITHHELD AMOUNT TO BE WITHHELD REQUESTED (a) Previous (b) Current - .................................... .. .................................... . (c) TOTAL. 2. AMOUNTS TO BE DATE RELEASED AMOUNT TO BE RELEASED RELEASED (a) TOTAL 3. BALANCE TO BE RETAINED (ITEM 1C LESS 2A) +1' STATE OF NEW YORK A • DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK i CERTIFIED MAIL RETURN RECEIPT REQUESTED r -1 Town of Southold Francis J. Murphy, Supervisor Main Road Southold, NY 11971 L J 0 DATE+ March 8, 1984 ADDRESS REPLY TO: Bureau of Public Work 175 Fulton Ave. Hempstead, NY 11550 PREVAILING RATE CASE NO.: 83-5480 NOTICE TO DEPARTMENT OF JURISDICTION TO WITHHOLD PAYMENT An investigation under the provisions of Article 8 of the Labor Law has been commenced by the Commissioner of Labor to determine whether wages and/or supplements are due and unpaid to laborers, workmen or mechanics employed on the contract identified below. The Commissioner of Labor has directed me to notify you to withhold from any payments due, or to become due to the prime contractor named below, the sum shown below which may include an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty pending a final determination. This is the total amount to be withheld from the prime contractor on this contract and includes consideration of the amounts ordered withheld by any prior notification relative to the contract. (See other side of form.) Sum to be withheld $ 10,231.21 plus 25% $ 2.557. Bo - Total Sum Withheld $ 12, 789.01 This notice is issued pursuant to the provisions of Section 220-b of the Labor Law. (See other side of form.) The name of the contractor involved, and other related data, are as follows: -:AME AND ADDRESS OF PRIME CONTRACTOR E.R. OR E.I. NUMBER StonyBrook Construction Corp. 460 Granny Rd., Medford, NY 11763 1 11 12 10 12 I1 12 19 19 NAME AND ADDRESS OF SUBCONTRACTOR (IF ACTUAL EMPLOYER) E.R. OR E.I. NUMBER I I I I I I I I LOCATION OF PROJECT (COUNTY Sound Avenue, Cutchogue, New York Suffolk CONTRACT IDENTIFICATION NUMBERS Enc By: Very truly yours, NICHOLAS VALENTINE, JR., Director SENIOR DEPARTMENT OF JURISDICTION PLEASE COMPLETE THIS SECTION AND RETURN ONE (1) COPY IN THE ENCLOSED POSTAGE PAID ENVELO The following amount has been withheld from the above contractor $ TITLE AUTHORhZATION TO WITHHOLD PAYMENT PURSUANT TO SECTION 220-b OF THE LABOR LAW ✓l "When an interested person shall file a written complaint with the fiscal officer, as herein defined, alleging unpaid wages or ;xrpplements due for labor performed on a public improvement for which a contract has been entered into or if, on the fiscal officer's own initiative, unpaid wages or supplements appear to be due, the fiscal officer shall immediately so notify the financial officer of the civil division interested, who shall withhold from any payment on account thereof, due the contractor or subcontractor executing said public improvement, sufficient moneys to satisfy said wages and supplements, pending a final determination." NOTIFICATION INFORMATION A. PRIOR NOTIFICATION 1. ® No prior notification relative to the contract. 2. E3 Prior notification was made on B. COMPUTATION The amount shown on the reverse side of this form to'be withheld from the contractor was derived as follows: 1. IM CALCULATED on the basis of man-hours worked in a specific occupation or occupations, from the payroll or related records of the employer. 2. 13 ESTIMATED because of the failure of the employer to furnish adequate payroll and related records needed for the purposes of our investigation. The amount shown to be withheld is for the period to and was arrived at in the manner shown below. WEEK ENDING WEEK ENDING 3. Z INCLUDED is an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty. C. WITHHOLDING AND RELEASE DATA Amounts requested withheld and amounts to be released are indicated below: 1. WITHHOLDINGS DATE WITHHELD AMOUNT TO BE WITHHELD REQUESTED (a) Previous (b) Current ................................... ................................... ................................... (C) TOTAL ................................... 2. AMOUNTS TO BE DATE RELEASED AMOUNT TO BE RELEASED RELEASED (a) TOTAL 3. BALANCE TO BE RETAINED (ITEM IC LESS 2A) 's. � --FAT.- 0F NEW YUriK • � DEPARTMENT OF LABOR SUREAU OF PUBLIC WORK a y ,,5,OATE Q�OYEES Prime Contractor NOTICE OF LABOR LAW INSPECTION FINDINGS--- ❑Sub -Contractor NAME OF FIRM (IF EMPLOYER SUBCONTRACTOR ENTER PRIME CONTRACTOR )N ITEM 10) 1' 2. FEDERAL E.I. NUMBER ADDRESS STATE E.R. NUM E • //17/_ q RESPONSIBLE PERSON NOTIFIED AND TITLE .-fl SrIey ., HE FINDINGS OF THIS INSPECTION HAVE BEEN REFERRED TO ALL ! -I CONTRACTING UWN Q� JpllT�%U �` AGENCY* ry, 1AI CRESTED RTIES DESIGNATED BY* p. NAME OF FIRM OF PRIME CONTRACTOR IF SUB -CONTRACTOR IS NAMED IN ITEM 1 2. ADDRESS 3. RESPONSIBLE PERSON NOTIFIED AND TITLE 6. PROJECTOR SPEC. NO. 7. LOCATION J,4 vV42AyEA104 6&-r 0 GuE A/ 8. COUNT+YY 9. REPRESENTATIVE OF CONTRACTING AGENCY ON JOB SITE 11. FEDERAL E.1. NUMBER STATE E.R. NUMBER 4. INSPECTION FINDING: A. El /NO VIOLATIONS OF THE LABOR LAW WERE FOUND AT THE JOB SITE OF THE CONTRACTOR NAMED IN ITEM 1. B. SZ THE CONTRACTOR NAMED IN ITEM 1 IS HEREBY NOTIFIED THAT OUR INVESTIGATION DISCLOSED VIOLATIONS OF THE LABOR LAW CHECKED BELOW. 5. VIOLATIONS: /-Issuance; X -Pending; C -Complied ❑ § 220.1 Excessive Daily Hours Worked ❑ §220.2 Excessive.Days Worked Per Week V220.3 No Permit to Pay by Check 220.3 Wages in the Amou t of 1c7 ❑Est,a�, `` mal Not paid to Employees ❑ Est. t�'hinal C 220.3 Wage Supplement in the Amount of $ ❑Est.inal Not paid to!_ Employee [--)Est. Final ❑ §220.3a Wage Schedule 1�ot Posted ❑ §220.3a Recordkeeping Requirements I. ❑ §220.3a Contract Lacks Wage Schedule . D §220.3e Excessive Number of Apprentices 0. NOTIFICATIONS: ❑ §220.3a Have payroll available for inspection on this job site on >. ❑ §220.3e Furnish proof of the validity of apprenticeship employment. J. ❑ (Other -Explain) WORKERS' COMPENSATION LAW K. ❑ §51 Workers' Compensation Not Posted L. ❑ §229 Disability Not Posted ARTICLE VI M. ❑ § 191 Period of Wage Payment Excessive N. ❑ § 198c Wage Supplements Not Provided SEE THE REVERSE SIDE FOR THE REQUIRED CORRECTIVE STEPS Article VIII, Section 220.8 of the New York State Labor Law provides in part that after a hearing an employer will be directed to pay the wages and/or the wage supplements found to be due in items D and E which shall include an assessment of interest charges of 6% or more and may also include imposition of a civil penalty not to exceed 25% of the amount due. W-28 (7-83) Nicholas Valentine, Jr. DIRECTOR 17. By: 44 Publi ork W Investigator • 5 STATE OF NEW YORK A DEPARTMENT OF LABOP BUREAU OF PUBLIC WORK DATE: March 8, 1984 CERTIFIED MAIL RETURN RECEIPT REQUESTED ADDRESS REPLY TO: Bureau of Public Work 175 Fulton Ave. Hempstead, NY 11550 PREVAILING RATE CASE NO.: r Town of Southold 83-5480 Francis J. Murphy, Supervisor Main Road Southold, NY 11971 L —) NOTICE TO DEPARTMENT OF JURISDICTION TO WITHHOLD PAYMENT An investigation under the provisions of Article 8 of the Labor Law has been commenced by the Commissioner of Labor to determine whether wages and/or supplements are due and unpaid to laborers, workmen or mechanics employed on the contract identified below. The Commissioner of Labor has directed me to notify you to withhold from any payments due, or to become due to the prime contractor named below, the sum shown below which may include an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty pending a final determination. This is the total amount to be withheld from the prime contractor on this contract and includes consideration of the amounts ordered withheld by any prior notification relative to the contract. (See other side of form.) Scum to be withheld ;.10, 231.21 plus 25% $--9-557,80— — Total Sum Withheld $12.789.01 This notice is issued pursuant to the provisions of Section 220-b of the Labor Law. (See other side of form.) The name of the contractor involved, and other related data, are as follows: .:AME AND ADDRESS OF PRIME CONTRACTOR E.R.OR E.I. NUMBER St onyBrook Construction Corp. 460 Granny Rd., Medford, NY 11763 1 II 12 10 12 I1 12 19 19 NAME AND ADDRESS OF SUB -CONTRACTOR (IF ACTUAL EMPLOYER) E.R. OR E.I. NUMBER 1 1 1 1 1 1{ 1 COUNTY LOCATION OF PROJECT Sound Avenue, Cutchogue, New York Suffolk CONTRACT IDENTIFICATION NUMBERS Enc: By: Very truly yours, NICHOLAS VALENTINE, JR., Director IOR E INVIiSTIGATOR DEPARTMENT OF JURISDICTION PLEASE COMPLETE THIS SECTION AND RETURN ONE (1) COPY IN THE ENCLOSED POSTAGE PAID ENVELO The followinR amount has been withheld from the above contractor $ RIZED OFFICIAL TITLE 5 STATE OF NEW YORK A DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK CERTIFIED MAIL RETURN RECEIPT REQUESTED r —1 Town of Southold Francis J. Murphy, Supervisor Main Road Southold, NY 11971 L .J DATES March 8, 1984 ADDRESS REPLY TOi Bureau of Public Work 175 Fulton Ave. Hempstead, NY 11550 PREVAILING RATE CASE NO.: 83-5480 NOTICE TO DEPARTMENT OF JURISDICTION TO WITHHOLD PAYMENT An investigation under the provisions of Article 8 of the Labor Law has been commenced by the Commissioner of Labor to determine whether wages and/or supplements are due and unpaid to laborers, workmen or mechanics employed on the contract identified below. The Commissioner of Labor has directed me to notify you to withhold from any payments due, or to become due to the prime contractor named below, the sum shown below which may include an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty pending a final determination. This is the total amount to be withheld from the prime contractor on this contract and includes consideration of the amounts ordered withheld by any prior notification relative to the contract. (See other side of form.) Sum to be withheld $ 10, 231.21 plus 25% $ 2.557.80 — Total Sum Withheld ;12.789. of This notice is issued pursuant to the provisions of Section 220-b of the Labor Law. (See other side of form.) The name of the contractor involved, and other related data, are as follows: r -:AME AND ADDRESS OF PRIME CONTRACTOR E.R. OR E.I. NUMBER StonyBrook Construction Corp. 460 Granny Rd., Medford, NY 11763 1 I1 12 10 12 I1 12 19 19 NAME AND ADDRESS OF SUB -CONTRACTOR (IF ACTUAL EMPLOYER) E.R. OR E.I. NUMBER I I I I I I I I LOCATION OF PROJECT I COUNTY Sound Avenue, Cutchogue, New York Suffolk CONTRACT IDENTIFICATION NUMBERS Enc By: Very truly yours, NICHOLAS VALENTINE, JR., Director DEPARTMENT OF JURISDICTION PLEASE COMPLETE THIS SECTION AND RETURN ONE (1) COPY IN THE ENCLOSED POSTAGE PAID ENVELO The following amount has been withheld from the above contractor S RIZED OFFICIAL TITLE 16 AUTHORIZATION TO WITHHOLD PAYMENT PURSUANT TO SECTION 220-b OF THE LABOR LAW +r "When an interested person shall file a written complaint with the fiscal officer, as herein defined, alleging unpaid wages or ;app/ements due for labor performed on a public improvement for which a contract has been entered into or if, on the fiscal officer's own initiative, unpaid wages or supplements appear to be due, the fiscal officer shall immediately so notify the financial officer of the civil division interested, who shall withhold from any payment on account thereof, due the contractor or subcontractor executing said public improvement, sufficient moneys to satisfy said wages and supplements, pending a final determination." NOTIFICATION INFORMATION A. PRIOR NOTIFICATION 1. ® No prior notification relative to the contract. 2. i] Prior notification was made on B. COMPUTATION The amount shown on the reverse side of this form to be withheld from the contractor was derived as follows: 1. ® CALCULATED on the basis of man-hours worked in a specific occupation or occupations, from the payroll or related records of the employer. 2. O ESTIMATED because of the failure of the employer to furnish adequate payroll and related records needed for the purposes of our investigation. The amount shown to be withheld is for the period to , and was arrived at in the manner shown below. WEEKENDING WEEK ENDING 3. El INCLUDED is an additional 25% to cover an assessment of interest and a possible imposition of a civil penalty. C. WITHHOLDING AND RELEASE DATA Amounts requested withheld and amounts to be released are indicated below: 1. WITHHOLDINGS DATE WITHHELD AMOUNT TO BE WITHHELD REQUESTED (a) Previous (b) Current .................................... .................................... (t) TOTAL .................................... 2. AMOUNTS TO BE DATE RELEASED AMOUNT TO BE RELEASED RELEASED (a) TOTAL 3. BALANCE TO BE RETAINED (ITEM 1C LESS 2A) Stony Brook Construction Corp. RECEIVED 460A Granny Rd. P.O. Box 678 j A li 13 1984 Medford, New York 11763 (516) 698-1700 down Cleric C -!`;fold January 10, 1984 Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 RE: Recycling Center Town Landfill Cutchogue, New York Att: Town Board Dear Sirs: We hereby submit the following subcontractor for approval on the above referenced project. T. & F. Plumbing and Heating Corp. 4 St. Marks Place Stony Brook, New York 11790 Respectively submitted, Richard Wulforst Stony Brook Construction Corp. RW:ks cc: Tom Lindtvit Jim McMahon Frank Murphy Ray Dean Ray Jacobs APPLICATION A CONTRACT MAP NUMBER FC -1521.9 -SS Ax Or0 O SERVICE '� RATE CLASSIFICATION NO. CODE GRID CY. DIST. RT. FOLIO. S. [RIT /,u�MO[/fM7/Ai OAS NUMBER SERVICE RATE OFFICE ELECTRIC CLASSIFICATION NO. CODE FULL NAME FULAPPLICANT Town of Southold Landfill MIDDLE - — - NUMBER STREET APT. NO. AEDDRESS RVICECounty road 4 VILLAGE ZIP RNEAREST Cutchogue ^ 5 PREMISES STARTING TELEPHONE Q HOME C:3OTHER STREET Cox Lane OCCUPIED AS ColON DATE. OWN RENT 'CROSS le C t l O a . s . MAILING ADDRESS NUMBER STREET AP ,110. VILLAGE ZIP N T,al T `R OF OTHER THAN ABOVE) out11L d Town T V 119 1 FORMER ' - ADDRESS T FORMER NUMBER OF ACCOUNT TY YEARS HERE NUMBER ADDRESS EMPLOYED OCCUPATION TELEPHONE NUMBER OF YEARS 8Y A MERE THE APPLICANT AGREES THAT HE WILL PAY THE APPLICABLE RATES AND CHARGES FOR THE ELECTRIC AND/OR GAS SERVICE HEREIN ` REOUESTED AND THAT HE WILL BE BOUND BY AND COMPLY WITH THEI ATUV OF APPLICANT/AGENT DATE 1 ' ( GEN - SO p 1 YOUR NAME ON LINE BELOW) ( RULES AND REGULATIONS OF THE COMPANY APPLICABLE S.soY c. P ery r; rc oris J. i4urphy, Tows THERETO. a Scuit o' . 'rr���1 "[PO"OFPOSIT F ^Vw ICHA •• NEW JAMUVNT RECEIPT y c�T JOB DATE COMPANY pplD ACCEPT. DATE �J LONG ISLAND LIGHTING COMPANY DOCTORS PATH R I V E R H E A D, N E W Y 0 R K 1 1 9 0 1 Direct Dial Number: 369-3028���_ t January 5, 1984 ,1 j o t-, ty � A Town Highway Dept. Peconic Lane Peconic, NY 11958 Attn: Ray Jacobs Re: Town of Southold - Landfill Route 48, Cutchogue, NY LILCO Ref. #20949-34 Gentlemen: TOWN OF SOUTHOLD I This is in regard to the proposed installation of three phase electric facilities to the above premises. Attached in duplicate is a Private Property Agreement under the terms of which our facilities will be installed and maintained, together with a drawing showing the pro- posed location of our facilities. The charge for this work is $1,233.75. Please forward a check in this amount to our office, together with the agreement signed by an authorized representative of the Town of Southold. The copy of the agreement is for your record. It will also be necessary for you to sign and return the enclosed application for service, wire the premises in accordance with our requirements, and present to this Company a certificate of inspection from the New York Board of Fire Underwriters covering the service entrance equipment. Very truly yours, A. F. Nichelson New Business Department AFN/vn Enclosures FC -8689.3 -SS #20949-34 LONG ISLAND LIGHTING COMPANY Agreement for Construction of an Extension of Electric Facilities on Private Property THIS PROPOSAL EXPIRES IF NOT ACCEPTED WITHIN 30 DAYS FROM DATE January 51, 1984 Town of Southold - Landfill Route 48 Cutchogue, New York In accordance with your request, we propose to install a three phase electric line extension beginning at pole #419 on the northwest side of Route 48, Cutchogue, New York, and continuing in a northwesterly direction a distance of 258 feet to proposed pole #419B on your property, together with a four wire service lateral of 125 feet to a building where we understand three phase, 120/240 volt service is desired. Electric service will be furnished in accordance with our published rules and regulations and at our standard rates and terms. The poles will be installed, owned, and maintained by LILCO for joint use with the New York Telephone Company. Attached is a drawing showing the proposed location of our facilities. In consideration of our installation on private property you agree to pay the Long Island Lighting Company ("the Company") before the commencement of work the sum of $1,233.75 on which there will be no refunds. It is understood and agreed that all materials used by us shall be and remain the property of the Company. In addition to the above construction we will furnish, place and maintain, during the term of your service, a meter to register the consumption and if necessary a transformer to convert the power to utilization voltage except in those cases where the rate schedule under which service is rendered requires the consumer to furnish his own transformer. The initiation and continuation of electric service to these premises is dependent upon the right of the Company to occupy the property involved, as provided in the Company's filed tariff for electric service. It is understood and agreed that you hereby grant us the right to trim trees where we find it necessary, also the right to patrol and maintain these facilities on your property so that the Company or its agents may enter the property at any reasonable time to see that they are in good working order and perform such work as may be required. When the service is no longer required for electric purposes, the Company shall enter the property and remove its facilities and any rights granted shall terminate. In the event it becomes necessary or desirable to relocate these facilities, then the full costs of the relocation shall be at your expense. It is understood and agreed that at the request of the Company you will grant us an appropriate free easement to cover this installation in the usual form provided by the Company. It is understood and agreed that this proposal is contingent on our being able to secure any required consent or permission of State or municipal authorities and without cost to the Company the necessary and appropriate easements, consents and rights in respect to all property where it may be necessary to install other facilities in order to serve your property as described herein. Accepted this .......................................10th., day Very truly yours, of... . :............... ....... .: ., uary,,........ 19.. LONG ISLAND LIGHTING COMPANY, :: :............................ By or ow of o old � C ' .............................................................................. E� "W�'�Cas�e �"Division"1�2aiiage'r FC -2618.7 New Business Department TO''4N OF SOUT'IOLD LAND FILL EuVieMENT & BUILDING 1983 PAY TO THE ORDER OF I I ) THE SUFFOLK - OF CO E TY NAT ONAL BANK 1:0 2 14054641: 63 000001 61" 19 ! 50-546 214 DOLLARS THE APPLICANT AGREES THAT HE WILL PAY THE APPLICABLE RATES A . ILL APPLICATION A CONTRACT MAP NUMBER AND CHARGES FOR THE ELECTRIC AND/OR GAS SERVICE HEREIN j , FC -1521.9 -SS ,.% = SERVICE 'L4L`O CODE RATEGRID DATE Y RULES AND REGULATIONS OF THE COMPANY APPLICABLE S p ery isor 7r�is .1 . 14ur hV T P Qw>iv. r o - Scuctlo' c 3 CY. DIST. RT. FOLIO, S. IATF /.fllNNl/CVD.IP CLASSIFICATION NO. O'er NUMBER ATE PAID COMPAN ACGEPT.Y DATE CUToft -1 �JOOB AMOUNT F J OFFICE SERVICE RATE ' ELECTRIC CLASSIFICATION NO. CODE LAST FIRST MIDDLE jArMICANT'SETown. of Southo.ld -- Land{ill NAMENUMBER ER STREET APT. NO. VILLAGE �� ZIP ICE ADDR County Road 4�, Cutchomue 11935 PREMISES STARTING TELEPHONE Q HOME O OTHER DOWN RENT NEAREST CROSS STREET CQ}{ Lane OCCUPIED As Co 1 ? ON DATE. a . S • ' NUMBER STREET ...ectio _ APT. NO. VILLAGE ZIP MAILING ADDRESS T 1 1 7 IIF OTHER THAN ABOVE) Southold i V J FORMERN FORMER NUMBER OF ACCOUNT YEARS HERE NUMBER T FORMERS ,* V - NUMBER OF YEARS ADDRESSOCCUPATION TELEPHONE - HERE EMPLOYED BY .. A. THE APPLICANT AGREES THAT HE WILL PAY THE APPLICABLE RATES A . ILL AND CHARGES FOR THE ELECTRIC AND/OR GAS SERVICE HEREIN j �. -I C- 4 0 REQUESTED AND THAT HE WILL BE BOUND BY AND COMPLY WITH THE ,.% I ATU IAGE - SOP OF APPLICANT/AGENT T YOUR NAME ON LINE BELOW) DATE Y RULES AND REGULATIONS OF THE COMPANY APPLICABLE S p ery isor 7r�is .1 . 14ur hV T P Qw>iv. r o - Scuctlo' c 3 THERETO. NOCE RECEIPT ATE PAID COMPAN ACGEPT.Y DATE CUToft -1 �JOOB AMOUNT F J r 1. ,'l FOREMAN IN CASE WORK CANNOT BE COMPLETED AS SH N: 14NOTIFY: AT EXT. II 6023 VILLAGE Nwo- O GRID NO. / Q �3/ CIRCUIT NO. PERMITYES NO REQUIRED P.P.A. OR YES NO EASEMENT REQ'D. AREA TAX DIST. NUMBER /3�� SUB. NO. PRIMARY OPERATING VOLTAGE�4I E3.2 KV 4 KV SERVIE REQ'DCBY 1-23-93 ITEM ET/ /_ (Q SALES SLIP NO. OUTRIGHT CONTRIBUTION S COMPLETION DATE yl O ❑NEW BUSINESS O DIVISION IF ASSOCIATED ^9 Q ORDERS � 9� D tJ/ �/J� TEL. CO. d��/ //� ENGINEER & S\/lTA 42�/ r; T REQ (7 OPER. DEPT REQ PREPARED12116 BY:ERF AUTHORIZED BY: O T TEL. CO. JOB NO. Co. %%�� / //�� 1�.- DIST. 0WI L/E.� IMC DATE TREE TRIM REQUIRED YES �NO CO. LETTER OWN # LOCATION SUES WON SET OWN REM. TO OWN RE& AS REASONS DEF. I NAD.1 NLR I NEW REl y19 P11-0 N1,o Ll ld yl9 p2) L L ATTACHMENT RECORD OWNERSHIP RECORD TRANSF. LOAD A ZJ9 SECD'Y REG._ INITIAL ATT. LAST ATT. E.L. TEL. TRANSFER MADE TO REM'D FROM REPLACED AS OWNERSHIP JOB NAME yl / mO D U / %�O L/! C1._ E.L. TEL E L. TEL. TEL, E.L. E.L. TO T LOAD r ✓//.!, //LJY/G �L/G �///[. (J -- LONG ISLAND LIGHTING COMPANY BY APPROVED: NEW YORK TELEPHONE COMPANY BY FOR G. R. SULLIVAN MANAGER, NEW BUSINESS DEPT _ FOR OUTSIDE PLANT ENGINEER LEGE ND 1 -INSTALL R -REMOVE 5698__ lfo o m` -j ►n�2m ,T - c�.1� ll 1"-r' rj N I Q ! 1119e, Li5 CAn! SC% l3J %I"zode 131�� Ifni a;2E Al IB r nE A 5-SmC.L� •-li9,4 -3dCl, T21 CLAS -#-419 -&� 1 ) Dc Fl -,;Sm (-Z) C°5 -0 23 9'6 11 hla Z, b -n i)Nf�t::er, rv.� rAn, L;-rz�s 3)2,E0 1N A2EA 4 sS Ik r Chester C. Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Thomas R. Pynchon, L.S. Robert W. Brown, L.S. George A. Style, P.E. Jerry D. Almont, P.E. Zabdiel A. Blackman, P.E., L.S. Roland Anders RECEIVED Frank Capobianco Francis J. Lynch Joseph F. egman DEC 7 Paul F. Stevens 169 OB0 Richard B. Weber SIDNEY B. BOWNE & SON Sidney B. Bowne, P.E., L.S. (1922-1959) Town Clerk Southold Mrs. Judith T. Terry Office of the Town Clerk Town of Southold Town Hall 53095 Main Road P.O. Box X28 Southold, New York 11971 Dear Mrs. Terry 235 E. Jericho Turnpike Sidney B. Bowne, Jr., P.E. (Retired) Mineola, New York 11501 John C. Gregg, P.E., L.S. (516) 746-2350 (Retired) Robert L. Anderson, P.E. (1959-1979) Enclosed are the following checks: BuFar Associates Inc. Licon Associates, Inc. Auriga Building Corp. Radon Construction Corp. Chapman -Apex Associates, Inc. Total December 1, 1983 $ 50.00 100.00 150.00 50.00 150.00 $SD0.DO All checks are made out to Sidney B. Bowne and Son and have been endorsed to the Town of Southold. The checks were received by us as deposits required for bidding documents on the Collection Centerproject. The above contractors did not return the documents and now are no longer eligible for a refund. If there are any questions, please contact me. Very truly yours, SIDNEY B. BOWNE & SON CO ULTING ENGINEERS ► 'VIC - JOHN J. MARINO JJM:eg encls. It cc: T. Lindtvit MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H TOWN CLERK TOWN OF SOUTHOLD ' Suffolk County, New York 516 - 765-1801 N? 11307- Southold, 1307"Southold, N. Y. 11971 ` ? 19—A RECEIVED OF y� For A 6.o0 /OO,00 ��,,,, ; o Judith T. Terry, Town Clerk Cash 0 �hrok5� ����e�„�"�,."l' �� �i Medford, M Y Nov. 29: 1983 ..................................................., .,......................... ..... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To.... Stony . Brook . Construction ....Corp...........................Claimant ............................................. Address .... P:O. Box 678, Medford, New York 11763 .................................................................... 11-2621299 Fed. I. D. No . .................................... or Soc. Security No. ........................ I! V The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. November 29, 1983 p Dated............................................. 19............ Katherine M*brEns, President Concrete Foundation 100% 5012,360 00 Concrete Slab 95% 23,750,00 Steel Building delivered 100% V2,710 00 Red Iron erected 95% 1,400 00 Total 158,220.00 Less previouslycertified �I 1 103, Total due this requisition �' �! 55,150. 0 I! V The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. November 29, 1983 p Dated............................................. 19............ Katherine M*brEns, President 0 E 'APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PAGE ONE Or -I- ?AGLS PROJECT: Town of Southold (name, address) Recycling Center Landfill, Cutchogue, N.Y. TO (Owner) Town of Southold` 53095 Main Road Southold, New York ARCHITECT: ARCHITECT'S PROJECT NO: CONTRACTOR: Stony Brook Construction Corp. P.O. Box 678 CONTRACT FOR: Medford, New York 11763 Landfill, Cutchogue, N.Y. APPLICATION DATE: 11/29/83 APPLICATION NO: 2 ATTN: PERIOD FROM: 11/1/83 TO 11/29/83 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet,AIA Document G702A, is attached. Change Orders approved ADDITIONS $ DEDUCTIONS $ in previous months by Owner — TOTAL Subsequent Change Orders Number Approved (date) TOTALS Net change by Change Orders $ State of: New York County of: Suffolk The undersigned Contractor certifies that the Work covered by this Appli- cation for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that the current payment shown herein is now due. Contractor: Stony Brook Construction Corp. Date: 11/29/83 The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM ......................$ 222, 070.00 Net change by Change Orders ...................$ —0— CONTRACT SUM TO DATE .......' ................ $ 222,070.00 TOTAL COMPLETED & STORED TO DATE .......... $ (Column G on G702A) RETAINAGE 0 % .N.•.I.•.0. ................$ or as noted in Column I on G702A TOTAL EARNED LESS RETAINAGE .................. $ 158,220.00 LESS PREVIOUS CERTIFICATES FOR PAYMENT ........ $ 103,070.00 CURRENT PAYMENT DUE ........................ • $ 55,150.00 Subscribed and swor o fore me t 's �� day of /VdV4"bA?e' , 19 1 Notary Public:44t." My Commission expires:SH RREN REDLEIN NOTARY PUBLIC, State of New York No.52-4779796, SUFFOLK COUNTY [(/ in accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. ❑ OWNER Architect: 42wft..3 itic ! `, ' •. , _. f:. ARCHITECT ❑ CONTRACTOR This Certificate is not negotiable. It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the owner or Contractor under their Contract, AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDIT!ON a AIAO © 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 s U1,I artcef f11A (�UCUMENT G702A rncE OZ of u 'AIA flocument G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing -C6NTRACTOR'S signed Certification is attached. APPLICATION NUMBER: - 2 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ITEM DESCRIPTION OF WORKSCHEDULED WORK COMPLETED Tfiis No. VALUE Previous STORED TOTAL COMPLETED AND BALANCE RETAINAGE A 9 MATERIALS STORED TO DATE TO FINISH C Applications Application F G(D+E+F) I Concrete Foundat� n 50,360 Concrete Slab 25,000.00 (..95.% completel Steel Bldg. 72,710.00 Red Iron erected 12,000.00 (95% complete 30,360.0 20,000.0 -,0 23, 750.0 z 72,710.00 -0-, -0- 11, 400.0 I ISUB TOTAL OR TOTAL 1160, 070. 01 103, 070 / 155, 150 00�� AIA DOCUMENT G702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • (01971 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 50,360.00 23,750.00 72,710.00 11,400.00 158,220.00 RECEIVED Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 NOV 25 Medford, New York 11763 (516) 698-1700 Town Clerk Southold November 16, 1983 Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 RE: Recycling Center Town Landfill Cutchogue, New York Att: Town Board Dear Sir: We have been informed by Mr. Popecki of New York State Depart- ment of Labor that the Town of Southold is a municipality of the State of New York and therefore subject to the State Labor rates. These rates were not included in our bid package but rather Federal wage rates were included and our bid was sub- mitted accordingly. We do not as yet have these New York State Labor Department rates in our possession. Mr. Popecki will not release them to us. Apparently, these rates must be requested by the Town of Southold or their agent Sidney Bowne & Son and then forward- ed to us so that we may adjust our payroll accordingly. As soon as these rates are received from the Department of Labor I would appreciate a copy as we are subject to audit and pen- alties. I would also like to request a meeting with the Town Board to discuss same. Thanking you for your cooperation in this matter, I am Very truly yours, Katherine Stebbins President KS:jj cc: Tom Lindtvit Jim McMahon Pat Sengal Frank Murphy Ray Dean Ray Jacobs i • SOUTHOLD COMMUNITY DEVELOPMENT AGENCY 53095 MAIN ROAD Fo SOUTHOLD, NEW YORK 11971 �� �C�jo (516) 765-1892 �g James C. McMahon Administrator November 29, 1983 Mrs. Katherine Stebbins Stony Brook Construction Corp. 460A Granny Road Post Office Box 678 Medford, New York 11763 Dear Katherine: Enclosed please find one (1) copy of labor rates and vouchers for the work being done in Cutchogue. Very truly yours, James C. McMahon Administrator JCM:ip Attachments • STATE OF NEW YORK DEPARTHE14T OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 U' 10 10 Sf •)i� I! 83 {U U Schedule T'�"p-,0MP— ETE-- Date 11/C4/83 Refer to: PREVAILING RATE CASE NO. T/0 Southold PRC 8305480 SUFFOLK COUNTY 01 TOWN OF SOUTHHOLD to: Sidney B. BOwne 8 Son Location &nd T 235 E. Jericho Tpke. Erection of a pre -of Project Mineola,NY engineered metal bldg. Southold Landfill, 11501 Cutchogue,NY T/0 Southold In response to your request, enclosed are schedules of the prevailing hourly Wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let CPW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor.. Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements- column of the Prevailing Rate Schedule: A. Health 8 Welfare Cincludes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or, medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or, death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Training M. Other Very truly yours, Charles C. Drobner DIRECTOR NOTE: A 1983 AMENDMENT TO SECTION 220 OF THE LABOR LAW P.EOUIRES THE PRESERVATION OF ORIGINAL PAYROLL RECORDS OR TRANSCRIPTS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. // /V i LJ s.B.BOWNE & SON WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. Csee addresses below) State Office Bldg. Campus,Albany N.Y.12240 ISS Main Street West,Rochester N.Y.14614 175 Fulton Ave.,Hempstead N.Y.11550 207 Genesee St. ,Utica N. Y. 13501 PW -200 (10-83) 6S Court St. , Buffa 10 N. V. 14202 44 Hawley St.,Binghamton N.Y.13901 333 East Washington St.,Syracuse N.Y.13202 30 Glenn St—White Plains N.Y.10603 0 s STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 Schedule Type RES. COMPLETER Date 11/04/83 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8305480 01 to: Sidney B. Bowne & Son Location and Type of Project 235 E. Jericho Tpke. Erection of a Pre- Mineola,NY engineered metal bldg. Southold Landfill, 11501 Cutchogue,NY T/O Southold SUFFOLK COUNTY TOWN OF SOUTHHOLD Agency of Jurisdiction TOWN Nature of Project NEW BUILDING Copies of the wage and supplement schedule for the Public Work Project identified above are enclosed herewith. Sec. 220.3A of the Labor Law requires that certain Information be furnished to the Industrial Commissioner. ACCORDINGLY, YOU MUST COMPLETE THE FOLLOWING SECTION OF THIS FORM AND RETURN THREE COPIES TO THIS OFFICE IMMEDIATELY UPON NOTIFYING A SUCCESSFUL BIDDER FOR THIS PUBLIC WORK PROJECT NOTICE TO BUREAU OF PUBLIC WORK All Prime Contracts Awarded - or, bid accepted Ccomplete items 1 - 8 below) Project Awarded In Part Ccomplete items 1 - 8 below) Estimated Total Cost of project Is ; Contracts NOT YET awarded: Gen. Cont. _ Heat & Vent. _ Sanitary _ Electrical _ Other Project cancelled, postponed or assigned to agency's own employees. Xf reactivated, will request new rates and supplements. 1. Specific Location of Project FOR ALL PRIME CONTRACTORS CNOT SUB -CONTRACTORS) WHO HOLD CONTRACTS DIRECTLY WITH THE SPONSOR OF THIS PROJECT, GIVE THE INFORMATION. IF MORE SPACE IS NEEDED, ATTACH EXTRA SHEETS. 2. Means Used to Award Contract CCheck one and indicate date of first legal instrument which bound agency to contract) Letter of Intent _ Contract Signed _ Resolution Date Date Date 3. Kind of work to be 4. Name and Address S. Amountof 6. Date Work Done by Contractor. of Contract Is Expected Cinclude General Contractor to Start Contractor) I I I I I I I I I I 7. Estimated Date Entire project Will Be Completed I I 8. Signature and Title Date PW -16 CG -791 t PFEVAILI1t0 RATE SCHEDULE State of New Ycrk Case Nurber Bur(au of Department of Labor Public Work 8305480 SUFFOLK COUNTY TOWN OF SOUTHHOLD -Core Dri I ler He I per Prev- SUPPLEMENTAL EENEFIT PAYMENTS ailing 1. 130 820 Gas/Oil Well Driller OCCUPATIONS wage health •' Helper/Tool Dresser basic and pen- suppl. other supplements ---------- 2.750 hourly welfare Sion unemp. 1. 170 1 2. 750 rate CA) CB) CC) CD) through CM) ASBESTOS WORKER. ELECTRICIAN Asbestos Worker 16. 640 ------------------------------ 1. 140 1. 410 I-1. 94, H-1. 00, J-. 55, I-3. 40, G-1. 83, Insulator L-. 88, G-. 88, '• Maintenance 1S. OSO BOILERMAKER . 750 G-. 60, I-1. 27, J-. 4S, Applicable on traffic ------------ signals and street Boi I ermaker 21. 060 1. 050 2. 100 ------- G - 1 . 47, I-3. 16, H-. 04, CARPENTER --------------------- Te I ephone-Insta 1 I /Repai r 16. 060 1. 600 ------- 1. 040 Carpenter(Bldg. ) Floor Coverer 17.650 2.090 2.130 J-. 68, I-1. 44, J-. 48, 5, , G-1. 00, H-. 04, I-. 75 Carpet Layer 17. 370 2. 270 1. 780 nstruction) Elevao- •' Dry -wall Applicator 1.130 Heellppeer 14.100 1.495 Mi I I wri ght 17. 790 -------------'-------------- 2. 270 1. 780-- 1. 49S G-1. S6, H -. 07, I-1. SO, Carpenter CHvy/Hwy) Pi I edri ver, 17. 700 2. 090 2. 130 1. 130 — G-1. 00, H -. 04, I-. 7S, 17. 360 2. 270 1. 780Dockbu F-. 3S, I-1. 00, G-1.25, H-. 10, I-1. 20, TimbermaniIder T i mbHe 17.360 2.270 1.780 GI azi er G-1. 2S,H-.10,I-1.20, He I per I per 16. 150 2. 270 1. 780 G - 1 . 25, H-. 10, I-1. 20, 14.640 2.270 1.780 2. 000 G-1. 2S, H-. 10, I-1.20, MARINE DIVER Rigger 16. 230 1. 300 1. 850 G-1. 60, H-. 15, I-3. SS, Marine Diver 15. 500 2. 000 3. 000 G-2. 36, H-. 18, I-4. 25, " Tender 16. 270 2. 270 1. 760 G-1. 33, H-. 10, I-1. 20, -Core Dri I ler He I per 11. SSS 1. 130 820 G-. 19, 10. 295 1. 130 820 Gas/Oil Well Driller •' Helper/Tool Dresser ------------ Well Driller(Water) 15.100 ----=--- 1.350 ---------- 2.750 Helper " Pump Installer 13. 100 1. 170 1 2. 750 13.100 1.170 2.750 ELECTRICIAN EI ectri ci an 18.550 1. 640 1. 290 . 250 I-1. 94, H-1. 00, J-. 55, ----------------------- L-. 88, G-. 88, '• Maintenance 1S. OSO 1. 200 . 750 G-. 60, I-1. 27, J-. 4S, Applicable on traffic ------------ signals and street lighting only. Sound/Audio-Install/Repair - ------- ---------- --------------------- Te I ephone-Insta 1 I /Repai r 16. 060 1. 600 ------- 1. 040 J-. 68, I-1. 44, J-. 48, ELEVATOR nstruction) Elevao- •' 18.800 1.495 1.130 Heellppeer 14.100 1.495 1.130 -. F3S,I-1.14, F-. 35, I-1.14, EI evpModerni zati on) •' 15. 940 1. 49S 1. 130 He I peer Helper ll. 950 1. 495 1. 130 F-. 35, I-1. 00, F-. 3S, I-1. 00, GLAZIER GI azi er 17. 650 1. 010 1. 010 G-1. 07, I-2. 60, H-. O1, IRONWORKER Structura I ornamental 15. 500 2. 000 3. 000 G-2. 36, H-. 18, I-4. 2S, Rigger 16. 230 1. 300 1. 850 G-1. 60, H-. 15, I-3. SS, Chair. Link Fence 15. 500 2. 000 3. 000 G-2. 36, H-. 18, I-4. 25, 16. 230 1. 300 1. 850 G-1. 60, H-. IS, I-3. S5, OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 1 SURVEY a - C Stateof New York Department of Labor, • • PREVAILING RATE SCHEDULE Case Nurber 8305480 SUFFOLK. COUNTY TOWN OF SOUTHHOLD Bureau of Public Work Bricklayer Prev- SUPPLEMENTAL EE1._FIT PAYPENTS Cement Finisher CBI dg.) ailing 2. 110 2. 600 G-1. 00, H-. 01, I-1. 00, PI asterer OCCUPATIONS wage health 0-. 01, G-1. 83, H-. 01, Tuck Pointer 16. 500 1. 800 basic and pen- suppl. other, supplements 1. S00 . 4SO hourly welfare Sion unemp. 1. 500 G-. S0, rate CA) (B) CC) CD) through CM) LABORER 13.510 1.500 1.420 G-.581 Derrickman CEUILOING) ------------------------------ Cement Fininisher(H/H) Basic 13. 7SO 2. 200 2. 050 G-1. CC, M -. 13, Mason Tender 13. 750 2. 200 2. OSO 3. 390 G - 1 . OC, M -. 13, Pi pe i ager 13. 750 2. 200 2. CSO 1.100 G-1. CO, M-. 13, Concrete 13. 750 2. 200 2. C50 G-1. 00, M-. 13, Power, Ai r Tool 13. 750 2. 200 2. 050 Sandblaster G - 1 . 00, M-. 13, Asphalt Raker 13.750 2.200 2.050 15. 840 G -1.00,M-.13, Asphalt Tamper G-. 77, H-. 23, Drywall Taper Blaster ------------------------------ Striping Mach. Oper CH/H) 11.400 800 .760 Demolition 13. 7SO ------------------------------ 2. 200 2. C50 G-1. 00, M-. 13, C HEAVY/HIGHWAY) P I umber 17. 050 Bas i c 11. 280 1. 120 1. 460 G-. 75, M.- . 305, Flagman 11.280 1.120 1. 460 2. 130 G-.7S,M-.105, Pi pe I a y e r 11. 280 1. 120 1. 460 G -. 75, M-. 10S, Power, Ai r Tool 11. 280 1. 120 1. 460 D-. 11, G-1. 36, H-. 21, G-. 75, M-. 105, Concrete 11. 280 1. 120 1. 460 G-. 75, M -. 105, Wagon Dri I I II. 280 1. 120 1. 460 G, 7S, M-. 105, Asphalt Raker Asphalt Tamper 12. 040 1. 200 1. S60 G-. 75, M-. 10, Formsetterr 11. 770 1. 170 1. 530 G-. 75, M-. 10, B 1 a s ter 12. 040 1. 200 1. 560 G-. 75, M-. 10, LATHER. Lather CWood, Wi re) 18. 130 1. 385 985 G-1. 00, D-. 02, I-2. 50, Reinforcing 16. 130 1. 385 985 G-1. 00, D-. 02, I-2. 50, H-. 01, Bricklayer 16. 500 1. 800 - 2. 640 H-. 05, I-2. O5, I - 1 . 65, Cement Finisher CBI dg.) 16. 550 2. 110 2. 600 G-1. 00, H-. 01, I-1. 00, PI asterer 15. 320 2. 4SO . 000 0-. 01, G-1. 83, H-. 01, Tuck Pointer 16. 500 1. 800 2. 640 H-. 05, I-2. O5, I-1. 65, Mosaic/Terrazzo Wkr 16.930 1.170 1. S00 . 4SO G-1.001 Terrazzo Helper 16. 940 1. 170 1. 500 G-. S0, Ti lesetter 1S.2130 1.600 1. S50 G-1. 08S, Ti lesetter Helper 13.510 1.500 1.420 G-.581 Derrickman ------------------------------ Cement Fininisher(H/H) PAINTER Brush 14. 730 3. 390 1. 100 G-1. 10, H-. 23, Structural Steel 17.990 3.390 1.100 G-1. 10, H-. 23, Spray Bri dge 16. 300 1. 470 1. 060 G-. 81, I-1. 63, H-. 08, Sandblaster 17.990 3.390 1.100 G-1. 10,H-.23, Paperhanger 15. 840 .000 .000 G-. 77, H-. 23, Drywall Taper ------------------------------ Striping Mach. Oper CH/H) 11.400 800 .760 Linerman (H/H) 11.400 .800 .760 PLUMBER P I umber 17. 050 1. 250 2. 650 G-1. 30, H-. 37, I-. 571, ROOFER Roofer 13. 880 2. 130 2. 100 G-2. 50, H-. 03, I-1. 48. SHEETMETAL WORKER Sheetmeta I Worker 19. 650 1. 870 1. 970 . 250 D-. 11, G-1. 36, H-. 21, ------------------------------ Si gn Erector CH/H) 14. 700 1. 030 1. 410 G-. 88, I-1. 29, H-. 02, OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 2 SURVEY a - C + PREVAILING RATE SCHEDULE State of New York Department of Labor Case Nurber Bureau of Public Work E30S4E0 SUFFOLK COUNTY TOWN OF SOUTHHOLD OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES *4 SURVEY a - C Page 3 Prev- SUPPLEMENTAL — BENEFIT P4YHENTS ailing --- — OCCUPATIONS Wage health basic hourly and pen- suppl. Other supplements rate Welfare sion unemp. (A) (B) (C) (D) through CM) SPP,INKLER FITTER Spri nk I er Fitter 19. 820 1. OCO 1. 180 F-. 07, G-1. 00, K-2. SO, STEAMFITTER Steamf i tter 19. 820 1. 000 1. 180 F-. 07, G-1. 00, K-2. 50, SURVEYING SURVEY CREW (Highway & Heavy only) Party Chief Instrument Man 16. 170 13. S80 900 700 G-1. 00, H-. 05, I-3. 00, Rodman/Chaff nman 12. 060 900 900 700 G-1. 00, H-. 05, I-3. 00, 700 G-1. 00, H-. OS, I-3. 00, Survey Rates apply to those let on or after July 2,1979 workmen employed on HIGHWAY and HEAVY contracts TEAMSTER - Excavation I i d 12. 925 1. 612 2. 852 X-1.60' Oh Other 13. 325 1. 612 2. 852 I-1. 60, 11-325 1.612 2.500 I-2. 00, TREE TRIMMING " Tree Trimmer " Groundman,Driver WATEP,PROOFER Waterproofer Tuck Pointer 14. 770 1. 250 3. 000 I-2. 00, F-. 80, J-1. 79, Sandblaster(Mason) 14. 770 16.020 1. 250 1.250 3. 000 I-2. 00, F-. 08, J-1. 79, Steamcleaner(Mason) 15.370 1.250 3.000 3.000 I-2. 00,F -.08,J-1.79, I-2. 00,F -, Oa, J-1.79, WELCEP, Welder OPERATORS OF POWER EQUIPMENT POWER EQUIP. OPER. (BLDG) Backhoe Bulldozer 17. 655 17. 205 1. 670 3, 250 200 G-1. 00, M-. 20, H-. 25, Compressor 17. 955 . 000 1. 700 3. 2SO 3. 2SO 200 G-1, 00, M-. 20, H-. 2S, Crane 17. 405 1 . 660 3. 250 200 200 G-1. 00, M -. 20, H-. 25, Fireman Fork I i ft 16. 830 1. S10 3. 250 200 G-1, 00, M -. 20, H-. 2S, G-1. 00, M-. 20, H-. 25, Front End Loader 17. S80 17. 20S 1. S70 1. S50 3. 250 .200 G-1. 00, M-. 20, H-. 2S, Grader 16. 980 1. 620 3. 250 3. 250 200 200 G-1. 00, M-, 20, H-. 25, Hoist Op r. 27.S80 1.670 3. 250 -, G-1. 00, M 20, H-. 2S, .20o G-1, 00, M-. 20, H-. 25, Mi xer ( A 1 i) Di I et -G-1. 16, 450 1. S70 3. 250 200 00, M-, 20, H-. 25, Pi I edri ver 1S. SSS 17. 655 1. 520 1. 670 3. 250 3. 2SO 200 G-1. 00, M-. 20, H-. 25, Pump Rol 1 et 17. 205 1. 640 3. 250 . 200 200 G-1. 00, M-. 20, H-. 2S, G-1. 00, M-. 20, H-, 2S, Scraper 8 Pan 17. 4SS 16. 830 1. 660 1. 690 3. 250 3. 250 200 G-1. 00, M-. 20, H-. 25, Shove 1 Tractor 17. 655 1. 680 3. 2SO 200 200 G_ 1. 00, M-. 20, H-. 2S, G-1. 00, M-. 20, H-. 25, Trench! ng Ma chi ne 16. 455 17. 455 1. 570 1. 660 3. 2SO 3. 2SO 200 G-1, 00, M-. 20, H-. 25, ------------------------------ 200 G-1. 00, M-. 20, H-. 25, CONTINUED OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES *4 SURVEY a - C Page 3 r � PREVAILING PATE SCHEDULE State of New Ycrk Department Number Bureau of of Labor, Public Work 830S4E0 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- SUPpl. other supplements hourly welfare Sion unemp. rate CA) (B) CC) CD) through CM) C014TINUED ------------------------------ POWER EQUIP. OPER. CHVY/HWAY) Asphalt Spreader 17.380 1. 650 3.250 .200 G-1. 00, M-. 20, H-. 2S, Backhoe 17. 750 1.590 3. 250 .200 G-1. 00, M-. 20, H-. 25, Belt Loader 16. 510 1.580 3. 250 .200 G-1. 00, M-. 20, H-. 25, Bulldozer- 16. S70 1. S80 3. 250 .200 G-1. 00, M-. 20, H-. 25, Compressor. 16-19S 1.S40 3. 250 .200 G-1. 00, M-. 20, H-. 25, Concrete Pump. 16. 840 1. 610 3. 250 . 200 G-1. 00, M-. 20, H-. 2S, Concrete Breaker 1S.480 1.S80 3.250 .200 G-1. 00, M-. 20, H-. 2S, Crane 17. 380 1. 660 3. 250 . 200 G-1. 00, M-. 20,`H-.-2S, Drag I i ne 17. 750 1.690 3. 250 .200 G-1. 00'M-2 . 0,H-. 25, Finishing Machine 16. 570 1.S80 3. 250 .200 G-1. 00, M-. 20, H-. 25, Fireman 16.S70 1. 580 3. 250 .200 G-1. 00, M-. 20, H-. 25, Front End Loader 17.10S 1.630 3.250 .200 G-1. 00, M-. 20, H-. 25, Grade-All Oper. 17. 750 1.700 3. 250 .200 G-1. 00, M-. 20, H-. 25, Grader 16.78S 1.160 3.250 .200 G-1. 00, M-. 20, H-. 25, Mechanic-Const. Equip. 16.570 1. 580 3.250 .200 G-1. 00, M-. 20, H-. 25, Mai nt. - Greaseman 16.570 .000 3. 250 .200 G-1. 00, M-. 20, H-. 25, Oi 1 er 15. 170 1. 450 3. 250 . 200 G-1. 00, M-. 20, H -. 25, Pi ledri ver 17. 750 1.690 3. 250 .200 G-1. 00, M-. 20, H-. 25, Post Driver CGuard Rail) 17.320 1. 1350 3.250 .200 G-1. 00, M-. 20, H-. 25, Pump 16.840 1.610 3. 250 .200 G-1. 00, M-. 20, H-. 2S, Ridge Cutter CPavement Saw) 15.480 1.480 3.250 .200 G-1. 00, M-. 20, H-. 25, Rol I er 16. 920 1. 620 3. 250 . 200 G-1. 00, M-. 20, H -. 25, Scraper & Pan 16.S70 1. SB0 3. 250 .200 G-1. 00, M-. 20, H-. 25, Shovel 17. 750 1. 590 3. 250 200 G-1. 00, M-. 20, H-. 25, Tractor 14. 955 1. 440 3. 250 200 G-1. 00, M-. 20, H-. 2S, Trenching Machine 17.59S 1.670 3.250 .200 G-1. 00, M-. 20, H-. 25, APPRENTICE RATES: Apprentice Rates are NOT provided in this schedule. ART. 8, Sec.220.3-e : "Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York StateOepartment of Labor. The allowable ratio of apprentices to ,Journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his work force on any Job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who Is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor, for the classification of work he actually performed. The contractor or sub -contractor will be required to furnish written evidenceof the registration of his program and apprentices as well as the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work. OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY /-HIGHWAY CONSTRUCTION SCHEDULES 4 SURVEY s - C Page 4 State of New York Bureau of Public Work Department of Labor 4 n t. State Office Building Campus ?` Albany, N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission is a party and which may involve the employment of laborers, workmen or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the 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, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed, and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the contract is let, each workman, laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current prevailing wage rates and supplements for the various classes of mechanics, workmen or laborers. (See Section 220.3-a) 4. 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 journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. ( See Section 220.3) 5. (a) No contractor, subcontractor, nor any person acting on his 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 availableto perform the work to which the employment relates. (See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his 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 five 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 (e) ) (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 condition of the anti -discrimination sections of the contract. (See Section 220 - e (d) ) PW -3 (9-82) t Chester C. Kelsey, P.E, L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Thomas R. Pynchon, L.S. Robert W. Brown, L.S. George A. Style, P.E. Jerry D. Almont, P.E. Zabdiel A. Blackman, P.E., L.S. Roland Anders Frank Capobianco Francis J. Lynch Joseph F. Stegman Paul F. Stevens Richard B. Weber Mr. Bucky Stebbins • •1 SIDNE�Yp B. BOWNE & SON T�cvxdG ��ee�re 235 E. Jericho Turnpike Mineola, New York 11501 (516) 746-2350 Stony Brook Construction Corp. P.O. Box 678, 460A Granny Rd. Medford, NY 11703 Re: Town of Southold - Collection Center for Landfill SBB #86-633 Dear Mr. Stebbins, November 14, 1983 Sidney B. Bowne. P.E.. L.S. (1922-1959) Sidney B. Bowne, Jr.. P.E. (Retired) John C. Gregg. P.E., L.S. (Retired) Robert L. Anderson. P.E. (1959-1979) This letter is intended as minutes of the meetings that were held on the site and in Mr. Deans office on November 9, 1983. It is also intended to serve as a reminder to all concerned portions of items of work that have not been completed. The following were present at various times: Mr. Frank Murphy Mr. Ray Dean Mr. Ray Jacobs Mr. Jack Davis Mr. Jim McMahon Mr. Bucky Stebbins Mr. Tom Lindtvit Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Stony Brook Construction Corp. Sidney B. Bowne & Son The following documents were exchanged: 1. Cuckler Drawing 1A Dated 9/29/83 2. Cuckler Drawing 1B 10/1/83 3. Cuckler Drawing 2B 10/7/83 4. Cuckler Drawing 3B 10/7/83 (all of the above were signed & sealed by Martin Richleffs, P.E) MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H *• SIDNEY ,B. BOWNE & SON Mr. Bucky Stebbins November 14, 1983 Page 2 5. Cuckler Drawing 15 of 19 Dated 10/4/83 17 of 19 10/4/83 18 of 19 10/5/83 19 of 19 - 1B of 1B - C7 6. Technical Specifications by Bowne dated 9/2/83 to Mr. Jacobs. The following items have been grouped in order to consolidate these minutes: 1. The Contractor will submit the following documents for approval and/or information: a. any additional structural drawings developed by Cuckler. b. copies of the boring results. c. copies of concrete cylinder tests. d. saw cut joint layout. e. brochure on floor hardner. f. brochure on epoxy paint. g. plumbing layout - after coordinating with Town requirements on wash down requirements. h. sanitary layout. i. bathroom venting. j. name of electrical subcontractor. k. electrical layout & materials. 1. telephone conduit layout. m. design drawings of two ramps prepared by a P.E. - this will require coordination with on site grading to be performed by the Town. n. details on the protection system for the inside of the exterior siding on the north wall. 2. There is an apparent 1' error in the location of the wheel stops. The specifications call for 3/4" bolts into inserts. This item will have to be coordinated with the Town and will depend on the geometry of the trailers. 3. The specifications call for a "smooth rubbed finish" on all ex- posed concrete. The forms used were very rough and the resulting finish not acceptable. Corrective measures will have to be taken. The Contractor will prepare a test area on his proposed solution for the Towns approval. Particular care should be used for the wall in back of the sidewalk. SIDNEY B. BOWNE & SON Mr. Bucky Stebbins November 14, 1983 Page 3 4. The original drawings call for 5 methane vents but show 6. The Contractor should install 5. 5. The specifications call for 95% density in accordance with ASTM P 1557. To date, the backfill has not been compacted nor has water been available. The fill under the sidewalk is critical. The Contractor will flood and jet this fill as required. The Town will provide the water but the pressure is not certain. The Con- tractor will probably have to use a booster pump, and a controlled oritice to get the required pressure. The Town is to provide the water by November 10 and the Contractor will coordinate his activ- ities with Mr. Jacobs and Mr. Davis. 6. The Town does not require a sliding window in the office. 7. The Contractor anticipates another request for payment in two weeks after the "red iron" is erected. 8. If Mr. Dean is not available Mr. Jacobs has the authority to act on his behalf - including approval of payment requests. 9. The Town is not looking for a specific completion date or start up date. Mr. Dean feels that January 1 is reasonable. Mr. Stebbins hopes to complete his work within one month except for punch list items. He also hopes to start on the slab in one week. Mr. Lindtvit felt the slab date was optimistic. 10. The methane gas interior pipes will be placed holes down. 11. The Town will provide the Contractor with information for blocking out the slab for guard rail posts to be installed by the Town. 12. The Town will check the tilting panels installed by the Town of Riverhead. 13. The Town will locate all this underground work so that these items can be incorporated in the as -built drawings. 14. The Town will start the final grading of the site and roads so that the Contractor can complete his design of the two ramps. The grading and design will accommodate a future roadway directly north of the building that will be used for loading the trailers through future openings in the north face of the building. The retaining walls will be designed to have the top 6" above final grade. Guard railings as required around the ramps, will be in- stalled by the Town. Structural steel to the south of the build- ing will have to be moved by the Contractor in order to facilitate the grading. Grading will be performed so that surface drainage into the ramps is minimized. Grading will include a berm along the north east steep cut. This item of work is critical. It should be given top priority, and should be coordinated daily on the site by the Town and the Contractor. SIDNEY,B. BOWNE & SON Mr. Bucky Stebbins November 14, 1983 Page 4 15. The geometry of the trailers is required to: a. position the wheel stops by the Contractor. b. position the rub rails on the wall by the Town.. c. determine the dimensions of the tilting panels. d. determine the need for a vertical curve in the ramps and approach roads. 16. The Town will coordinate their work on the following with the Contractor: a. water supply (permanent). This location may pose some prob- lems. Consideration should be given to a probable change of use for the building. b. sanitary waste provisions and locations (consider water supply location). c. electrical service (see technical specifications). d. telephone service - stub by Contractor to terminate in office. 17. The Town (Mr. McMahon) will monitor all submissions by the Con- tractor regarding federal forms and regulations. A copy of this letter is being sent to everyone indicated above as being present full or part time. I will assume that there are no errors, omissions or deletions in the above unless I hear otherwise. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS THOMAS LINDTVIT, P.E., L.S. TL:jd cc: Mr. Frank Murphy Mr. Ray Dean Mr. Ray Jacobs Mr. Jack Davis / Mr. Jim McMahon J Mr. Tom Lindtvit a Chester C. Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Thomas R. Pynchon, L.S. Robert W. Brown, L.S. George A. Style, P.E. Jerry D. Almont, P.E. Zabdiel A. Blackman, P.E., L.S. Roland Anders Frank Capobianco Francis J. Lynch Joseph F. Stegman Paul F. Stevens Richard B. Weber SIDNE�Yo B. BO�vWNE & SON 7�cvzaGr�Giz� C�ia�iizeeke. 235 E. Jericho Turnpike Mineola, New York 11501 (516) 746-2350 RECEIVED NOV 7 to" Clink sawf old Mrs. Judith Terry Town Clerk Town of Southold Town Hall, 53095 Main Road southold, New York 11971 Re: COLLECTION CENTER FOR LAND FILL NORTH ROAD, CUTCHOGUE SBB # 086633 Dear Mrs. Terry: November 4, 1983 Sidney B. Bowne, P.E., L.S. (1922-1959) Sidney B. Bowne, Jr., P.E. (Retired) John C. Gregg, P.E., L.S. ( Retired) Robert L. Anderson, P.E. (1959-1979) In our discussions with the Landfill Committee, Mr. Tasker and your- self, it was felt that our services should be covered by one agreement that will consolidate the scope of our work and fees. The following proposal is intended to supersede all previous written and oral agreements since July of 1983. We appreciate the opportunity of working with you on this project as your Consultant. After reviewing this agreement, kindly signify your acceptance by signing in the designated place and return the original to us. The additional copy is for your file. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINE; THOMAS R. PYNCHON TRP: TL: jd MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H PROPOSAL Sidney B. Bowne & Son (Consultant) does hereby agree to act as Con- sulting Engineer for the Town of Southold (Town) on the Collection Center for Landfill Project upon and subject to the following terms and conditions: I DESCRIPTION Based on documents prepared by the Consultant and Contracts awarded by the Town, the Consultant understands the project to be as follows: A. A 100' x 100 pre-engineered metal building together with founda- tions and ramps as described in the Contract awarded by the Town to Stony Brook Construction Corp. and James Monroe Construction Corp. (Contractor). II SCOPE OF WORK The Consultant shall perform the following services: A. Design Phase 1. review the site for building locations 2. review preliminary plans & specifications prepared by others 3. prepare preliminary plans & specifications 4. prepare final design drawings & specifications 5. prepare contract documents for bidding purposes B. Bidding Phase 1. assist the Town in advertising for bids 2. analyze bids and make recommendations 3. prepare form of contract C. Construction Phase 1. Perform all engineering functions called for in the General Conditions of the construction contract with the Contractor. This includes but is not limited to: a. review Contractor submissions b. perform all quality inspections as required c. review and approve payment requests d. assist the Town in all construction related matters e. prepare final punch list & inspection It is understood that the day to day on-site inspections will be per- formed by Mr. Jack Davis who has been retained by the Town for that pur- pose. The Consultant will inspect the work at critical phases and will be available throughout the construction period when required. III COMPENSATION The Consultants fees for services relative to this agreement will be based on the Consultants payroll cost times a factor of 2.5 for services rendered by the principals and employees assigned to the project. The Consultant's fee includes all normal project related expenses. The Consultants total fee is essentially determined by the require- ments of the Town and the Contractors operations. On this project it is difficult to forecast our participation with the Contractor, but based on our experience to date we anticipate the Consultant's final fee will be approximately $17,000, which includes the original preliminary studies. SIDNEY B. BOWNE & SON CON LTING N, THOMAS R. PYNCHON DATED AGREED AND ACCEPTED DATE �, ' X4..3 CO ?, = i BY / 3 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS 10 3 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 3, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516)765-1801 Mr. John W. Davis Sterling Road Cutchogue, New York 11935 Dear Mr. Davis: The Southold Town Board at a regular meeting held on November 1, 1983 adopted a resolution appointing you Clerk of the Works for the construction of the Collection Center building at the Landfill Site, Cutchogue, New York, at a salary of $20.00 per hour, subject to the approval of Commissioner of Public Works Raymond C. Dean. Very truly yours, Judith T. Terry Southold Town Clerk cc: Raymond C. Dean THIS AGREEMENT made and entered into this 26th day of October, , 1983 by and between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office at 53095 Main Road, Southold, New York herein- after called the "Town", and a joint venture of: STONY BROOK CONSTRUCTION CORP. P.O. Box 678, 460 A Granny Road Medford, New York 11763 and JAMES MONROE CONSTRUCTION CORP. P.O. Box 679, Granny Road Medford, New York 11763 hereinafter called the "Contractor". WITNESSETH: The parties hereto, 'each in consideration of the agreement on the part of the other herein contained, have agreed and hereby agree, as follows: 1. The Contractor will, at the Contractor's sole cost and expense, fur- nish all labor and materials for the construction of the Town of Southold -Col- lection Center for Landfill on premises of the Town in strict accordance with: a. Notice to Bidders dated September 1, 1983. b. Instructions to Bidders dated September 2, 1983. c. Technical Specifications dated September 2, 1983. d. Drawings Sheet 1 of 2 dated August 18, 1983. Sheet 2 of 2 dated August 18, 1983. e. Standard General Conditions of the Construction Contract as jointly issued by Professional Engineers in Private Practice - 1978 Edition. f. Together with the following government forms, regulations, direc- tives and statutes included in the September 2, 1983 bidding package: 1. Equal Employment Opportunity - Executive order 11246 2. Equal Opportunity Bid Conditions for Federal and Federally Assisted Construction 3. Federal Wage Rates 4. Regulations regarding the filing of Payroll Sheets u 0 • 5. Standard Form 257 -Monthly Employment Utilization Report 6. Contractor's Certification 7. Subcontractor's Certification 8. Form WH -347 (Weekly Payroll) 9. Instruction for completing WH -347 10. Labor Standards Provisions 11. Sec. 109 and Sec. 110 of PL93-383 12. Statement of Compliance 13. Contractor's Responsibilities 14. Requirements for Contractors 15. Pre -Construction Checklist for Contractors 16. Attachment B of Section 3 Plan 17. Contracting Opportunities for Minorities and Females Hereunto annexed and are hereby made a part of this Contract as fully as if the same were repeated at length herein. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work. The Contract Documents are complementary, and what is required by any one, shall be as binding as if required by all. Work not covered in the Contract Documents will not be re- quired unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Where there is conflict, error or discrepancey in the Contract Documents, the first listed of the above documents shall have precedent. 2. In the performance of the work provided for herein, the Contractor agrees to comply with all laws applicable to such work including the appli- cable provisions of the Labor Law of the State of New York which said provisions of law are deemed to be incorporated herein by reference. 3. In consideration of the performance of the work as herein provided, the Town agrees to pay and the Contractor agrees to receive as full satisfaction for such work, $221,770.00 for the base bid/lump sum price; less alternate #7 at ($1,700) plus alternate #8 at ($2,000.00) for a total Contract sum of two hundred and twenty two thousand, seventy dollars ($220,070.00) which said sum is to be paid by the Town within thirty (30) after approved monthly invoice is submitted to the Town. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF SOUTHOLD nn By ; Supervisor STONY BROOK CONSTRUCTION CORP. Bu Katherine Stebbins, President JAMES MONROE CONSTRUCTION CORP. By �/) �Z� zjo��� J. nroe Stebbins, President STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the 26th day of October, 1983, before me personally came William R. Pell, III, to me known, who being by me duly sworn, did depose and say that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing 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 Town Board of said corporation, and that he signed his name thereto by like order. STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: Notary Public U fe "1 , eve Yo. k Con -mission Exp Mjrch "0,— On 0,— On the 26th day of October, 1983, before me personally came Katherine Stebbins, to me known, who, being by me duly sworn, did depose and say that she is the President of STONY BROOK CONSTRUCTION CORP., the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corpor- ate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. Notary Public O York fdo Con rr,_ wry 30, STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the 26th day of October, 1983, before me personally came J. Monroe Stebbins, to me known, who, being by me duly sworn, did depose and say that he is the President of JAMES MONROE CONSTRUCTION CORP., the corporation described in and which executed the foregoing 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. z :Z11 Notary Public JUDITH T TERRY NOTARY P!'j -1 C, Stale of New York ��'St; tijffclk Count Commission Expires f41arch 30,�Jr Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 October 24, 1983 (516) 698-1700 Below please find a price breakdown for: Town of Southold Landfill Cutchogue, New York This is for the purpose of requisitioning only: Concrete foundation Concrete slab Steel building delivered on site Red Iron erected Red Iron painted Metal siding & roofing installed Vents, windows, doors etc. Electric Plumbing Heating Interior Outramps Total price Very truly yours, Stony Brook Construction Corp. $ 50,360.00 25,000.00 72,710.00 12,000.00 10,000.00 12,000.00 6,200.00 7,000.00 2,200.00 5,000.00 4,000.00 15,600.00 $ 222,070.00 A a3 JUDITH T. TERRY TOWN CLERK it REGISTRAR or VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 2, 1983 Stony Brook Construction Corp. James Monroe Construction Corp. P. O. Box 679 Medford, New York 11763 Gentlemen: am in receipt of Labor and Material Payment Bond No. 96 32 340 and Performance Bond No. 96 32 340 in connection with the construction of the Collection Center building at the Southold Town Landfill Site. Very truly yours, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Judith T. Terry Southold Town Clerk 0 *Bond No.._96--32--- 340_ Fidelity and Deposit Company R6C,,V oME OFFICE OF MARYLAND BALTIMORE, MD. 21203 NOV 2 = 1 Performance Bond # 96 32 3L!-0 'Gown Clerk 5oufhoW KNOW ALL MEN BY THESE PRESENTS: That_...Stony Brook Construction Corp. & James Monroe Construction Corp. (Here insert name and ad ress or legal title of the Contractor A joint venture. P. -0.-- Box 763 x--- . Med io r N • Y • 1 _ ------------------------------------------- as --------- -- - -- ------ as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto________________________________________________________________________________________ Town of Southold, New -------- York - -- -- ----------------------------------------------------------------------------------------------------------- (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of_..__Two Hundred Twenty Thousand Seventy and no/100 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---- Dollars ($__.220=070.00-------------------- ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ------------------ _------------ _---------------- _------- _----------- 19......... entered into a contract with Owner for ._____ constru-ctlo_n--Of_-pre-engineered.-.metal_-__---._.-_ building at the Town- Landfill site. Cutcho ue.,___ ?,._.Y. -------- ----------------------- ------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- in accordance with drawings and specifications prepared by____Sidney_______________________.._._.._.B. Bowne .__.___ So ___n:____Inc _.___. _:_ 25 East Jericho Tpke. . Mineola-. New --York ---------------------------------------------------------- (Here insert full name, title and address) which contract is by,xeference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this ---------------------- 3rd ------------------------------ day of--..QGto_b.er-----------------------A.D. 19 --- In the resence of: STONY BROOK CONSTRUCT_ PriION CORP(,SEAL) Jp MO SROE CONSTRUCTION COP�P.------------------------------- ------------------------ ----ncipal- --- --------- -------_ ------Title - t FIDELITY AND DE SIT COMPANY OF MARYLAND BY- ---------------------------------------------- -----(SEAL) Robert Tynan, Title Attorney -in -Fact C309f— Approved by The American Institute of Architects, A.I.A. Document No. A-311 FebrUary'_970 Edition. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE w Performance Bond No. $ -------------------------------- ON BEHALF OF ---------------------------------------------------------------- TO L� STATE OF. -------L_ _� ------ qss: COUNTY OF---- V �- ------ L�<----------- I On this --------------------- -- t=/17 64-yL-------------19- 3 before me personally QC__/x�--------------.day of.--/----/--------Q-�-------------- �--, appeared .-------I�f_4�EI�1NC_-- -- s�b0/N5- --------- ------------ -------------------------------------------------------------------------- with whom I am personally uainted, who, being by me duly sworn, did depose and say: That he resides at ----- ��/-------------�----�/--------------------------------------------that he is the --- ---- ---------------------------------- of the ---- 1'-5)(6 -!Jf---/0/`�_---¢ (✓S?/l/G'7p_N�_. g�-= ----------------------------------------- ------------ - the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; L' that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. A , caRtiSJEAI!11 ;�" 'f I,-47"'28 "' me of New Y� - i � �. 47 2839 . ,1 S�es�_ in_ Suffolk County ---F-� -- --- -------- ------ ---- i erm Expires j�ERM-9dI +9" diary— County BR (113)23 218055 STATE OF --------- a5: -------------- --------"-'---- COUNTY OF_______--__ �Cr�---------------day of.______-_-_-_!'_ !�! x!_______.19_ )'___, before me personally On this ------------------- - appeared.----- - -- 6 61-iY_�--------------------------------------------------------------------------------- with whom I am personally //acquainted, who, being by me duly sworn, did depose and say: That he resides at----------- ---------------------------------------------------- that he is the______ gt_g"MS4� '0_of the---cS�Sr�1.�Dl_Q_---�--�� ----------------------------------- -- - the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. ANTOf"drTT7 O�OSJEAN NOTARY PUBLIC S GRate of New Y i`1o. 4?52839 Qualified in Suffolk C -------------- 6xt�ires-�vlSrcfi -Oj t"""r� Public - ------- e ----- y county - BR (113)23 218055 STATE OF------------------NW-YORK ___ 11 COUNTY OF ----------------- NEWYORK---- ( ss: On this ------------------------3 'Ili --------------- .day of ---------------------- -— __ ___ _________19________, before me personally appeared.------------------- ROBERT G. TYNAN with whom I am personally acquainted, who, being by me duly sworn, did depose and say: That he resides at____________NEW _______YO____R__K_ >l _ M+ YORK ---------------------------- ------------that he is the_-aM—,�_N_=I''�CT_. of the----------------- -----FIDELITY__AND DEPOSIT CA MPANY - -------------------------------------------- --- the corporation described in and which executed the foregoing instrument; that he knowst he corporate seal of said cor that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he sgnedlhis name thereto by like order. ------------------- ---- Wlll_iA F. TYNA.N Notary Public ----- BR (112)23 216998 Notary Public State of New York County No. 30-9406495 Q4alified in Nassau County Commission Expires March 30, 1W Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND If HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and L. C. WAYMAN, JR. , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys•in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint William F. Tynan, III and Robert G. Tynan, both of Garden City, New York, EACH ........................................ its true and lawfulagent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ............................... . . . the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of William F. Tynan, III and Robert G. Tynan, dated, March 11, 1981. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ............... 10th......... day of-•••-•--••••••••••A,1A4=.t-....................... - A.D. 19..$3---- ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 311101 SEAL a'wy.......................... ...... ........••.... By ...................... STATE OF MARYLAND Assistan cretary Vice -President CITY OF BALTIMORE ` SS: On this 10th day of August A.D. 19 83 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by Official Seal, at the City of Baltimore, the day and r first above written. p� MOTAay'9 N tary Publi fission Expires ... uly... 1-= ... 1 86- �. "` CERTIFICATE I, the undersigned, Assistant Secretary, of the FIDELITY AND DEPOSIT COMPANY OF MARY' '.ND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on tLe date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any Rower of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. ' IN TESTIMONY WHEREOF, I��have hereunto subscribed my name and affixed the corporate seal of the said Company, this ........ 3........... day Of.................. .. •••- Llaza._c�r. 093-2764 -. Assi t Secretary FOR YOUR PROTECTION LOOK FUR THE F&D WATERMARK L1458a-45M, 2.83 216997 Ll FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Flnanelal Condition AS OF DECEMBER 31, 1982 The To ASSETS *Bonds........................................................ $92,663,684 *Stocks........................................................ 121,652,052 RealEstate ..................................................... 3,003,171 Cash in Banks and Offices ........................................ 1,014,754 Premiums in Course of Collection (less than 90 days old) ............... 12,020,098 Reinsurance and Other Accounts Receivable ......................... 3,930,728 TOTAL ADMITTED ASSETS ........................................ $234,284,487 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums ................................... $68,616,015 Reserve for Claims and Claim Expenses ............................. 39,429,871 Reserve for Taxes and Expenses .................................... 4,530,455 Miscellaneous Reserves and other Liabilities ......................... 6,744,849 TOTAL LIABILITIES ............................................. $119,321,190 Capital Stock, Paid Up ............................. $5,000,000 Surplus .......................................... 109,963,297 Surplus as Regards Policyholders ................................... 114,963,297 TOTAL ...................................................... $234,284,487 Securities carried at $4,972,818.in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $216,425,788. and surplus as regards policyholders $97,104,598. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1982, according to the best of my information, knowledge and belief. William R Amos ..................................................................... Treasurer STATE OF MARYLAND 1 SS: CITY OF BALTIMORE 1 Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1983. Stephanie A. Mason ............................................................................ Notarial Notary Public Seal My commision expires July 1, 1986 41and No .... 26..32.. 340 Fidelity and Deposit CompanyED R�GEN HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 NOV 2 10 Labor and Material Payment Bond # 96 32 340 19Wn ClNk SOI✓"d Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That...'.tony Brook Construction Corp. & James Monroe Construction Corp. • y ( re in n and address or legal title of the Contractor) A joint venture, P. �• b `�(9, Medford. N. Y� 11763 ---------------------------------------- ....---------- as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto........................................................................................ -------- Town --- of --- Southo_1d_._ Ne_w--York------- ------------------------------------------------------------------------------------------------ (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of______TWoHndred Twenty___ThousandSeventyand n.0/1QQ ..................... ..0 -- __ ---- ----- --------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------- 220 070 00 (Here insert a sum equal to at least one-half of the contract price) Dollars ($_____________11.....____ .), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated......................................................................19........, entered into a contract with Owner for. Construction Of__pT' -_en e_red___i ata ---------------- --------- _____--____.__ builng _at the Town Landfill site_,---- Cutchogue.s_ N._ --Y.--------------------------------------- ------- ------------------------------------------------------------------------------------------------------------------------------------------I----------------------------------------I-------- in accordance with drawings and specifications prepared by__ Sidney B. BO Nne & Son Inc. 35 t;i T m ------�------------------------�----------- as.�_._ eri-cho 1Pk-e-•--,---- - eo_1a-,---NJe YQ_rk. (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub -contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main- tained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this ----- ---------------- - 3rd day of...._....- October 19--3-. In the CORP. STONY BROOK CONSTRUCTION COF��AL) -- -- - - ------------------------------------------------------------ Principal w Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND By----- -- ---- ------ -------_--- ---------------- Robert G. nam, Title Attorney -in -Fact C309eX— -- Approved by The American Imtiiute of Architects, A.I.A. Document No. A-311 February 1970 Edition. _ Fidelity and Deposit Company --- ------ ___. _. - ____._.__ __ Home oimcig OF MARY-_- RALnbnRE-_ - __-- -_-_- Labor and Material y Payment Bond No------------------------------------- -------------------------------- ON BEHALF OF ---------------------------------------------------------------- TO T -. STATE OF.-------- X ---- O�rK--------- ss: COUNTY----------------- J ,, / On this ---------------- o pt/ D ---------------------.day of.---------------N_oVC M/- #ff11P ------------ 19 - FL, before me personally appeared -----------"11g 1 u!( -------- 7e S1_[ 5------------------------------------------------------------------------------------- with whom I am personally acquainted, who, being by me duly sworn, did depose and say: That he resides at_ _-!m�_P. J�B[CotlK_ cC ,cod __A( -/-____that he is --------- ofthe ------ -----(?-.P -'--------------------------------------------------------- the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. ANTOINETTE GROS)EAN ---- NOTARY --NOTARY PUBLIC, State of New Y� No. 4762839 Qualified in Suffolk Cou Tarm--Expires-M�urcfr-3O, 1 '- �--- + ry Public County BR (113)23 218055 STATE OF.------- --------- -"C-K--------- ` COUNTY OF_____- i �/ /y ----------19_��-, before me personally �n/ __ .day of. ------------L- L- - Onthis---------------------p----------------------- ��------�-- --- ------------------------ appeared•------ - --= - --- ---- with whom I am personally acquainted, who, being by me duly sworn, did depose and say: d g g - --------------that he is the.---- . i�r_ 7_✓ T - - c -w o 1�--------N - That he resides at_______ _ ------ of the _-- 5------ &--AAI- _-- C� D �✓5Ti__e_�(_�_ � Jc►L---- -C-DQ 1_C =-----s the rate seal of said corpo ; ration the corporation described in and which executed ted theforegoing iegioin affixed instrument; order of the Board of Directors, and that he signed his that the seal thereto affixed is such corporateANTOINETTE GR06JEAN name thereto by like order. NOTARY PUBLIC, State of N York, No. 4762839 &T Qualified in Suffolk 4.6 _�,s�, - ----------7sr-xtrEs"idturfi 30Ro ublic T County BR (113)23 218055 STATE OF.---------------New--------York ------------------ 1 Jl COUNTY OF-------------New--York ------------------ ss: On this------------------------ 3 --------------------- day of.------------------------ 6�z--------19 � , before me personally appeared.-------- - Robert_ G.-- Tm8Y1-------- -------------------------------------------- --- ---------------- - - - - - -- - with whom I am personally acquainted, who, being by me duly sworn, did depose and say: New York New York Attorney-in-Fact That he resides at------------------------:-------------------------------------------------------that he is the----------------- -- -------------------- of the _------------------Fidelity--and _Deposit_ Company--°f--Maryland------------ ---------------- ----- the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. ---- -- L----------------------------------- ------ -------------------- !I_ IAM F. TYNAN Notary Public ER (113)23 218055 Notary Public. Sta a of New York County No. 30-9406495 Qualified in Nassau county commission Expires March 30, 191y Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and L. C. WAYMAN, JR. , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, _ stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint William F. Tynan, III and Robert G. Tynan, both of Garden City, New York, EACH......... its true an aw u agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ........................... . n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of William F. Tynan, III and Robert G. Tynan, dated, March 11, 1981. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ............... 10th- ......... day of"'--'----"---'..A.uguat........................ . A. D. 19..83.... FIDELITY AND DEPOSIT COMPANY OF MARYLAND aw r ATTEST: SEAL 4......+' ------------------------'--'-" 'Z'�---.--' _By '--'----'--------- Assistant Vice -President STATE OF MARYLAND SS: CITY OF BALTIMORE On this 10th day of August A.D. 19 83 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by Official Seal, at the City of Baltimore, the day and r first above written. J. see .--- -'------ ------- -- - '------- ........................................... '(" _"r �N6tary Publi fission Expires .. July_ 1_=...1986_ CERTIFICATE I, the undersigned, Assistant Secretary. of the FIDELITY AND DEPOSIT COMPANY OF MARY- ND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on tl:e date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Cpmpany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I/have hereunto subscribed my name and affixed the corporate seal of the said Company, this...... 3 .......... day of .........................�L.. ........ , 19 � ... ................. "" ...... 1.1428.—of. 093-2764 A; Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK I - At L1458a-45M, 2-83 216997 10 0 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF DECEMBER 31, 1982 The To ASSETS *Bonds........................................................ $92,663,684 *Stocks........................................................ 121,652,052 RealEstate ..................................................... 3,003,171 Cash in Banks and Offices ........................................ 1,014,754 Premiums in Course of Collection (less than 90 days old) ............... 12,020,098 Reinsurance and Other Accounts Receivable ......................... 3,930,728 TOTAL ADMITTED ASSETS ........................................ $234,284,487 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums ................................... $68,616,015 Reserve for Claims and Claim Expenses ............................. 39,429,871 Reserve for Taxes and Expenses .................................... 4,530,455 Miscellaneous Reserves and other Liabilities ......................... 6,744,849 TOTAL LIABILITIES ............................................. $119,321,190 Capital Stock, Paid Up ............................. $5,000,000 Surplus .......................................... 1099963,297 Surplus as Regards Policyholders ................................... 114,963,297 TOTAL ...................................................... $234,284,487 Securities carried at $4,972,818.in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $216,425,788. and surplus as regards policyholders $97,104,598. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1982, according to the best of my information, knowledge and belief. William R Amos ----------------------------------------------------------------------- Treasurer STATE OF MARYLAND ?r SS: CITY OF BALTIMORE 7 Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1983. Notarial Seal Stephanie A. Mason - - ------------------------------ Notary Public My commision expires July 1, 1986 THIS AGREEMENT made this 27th day of September, 1983, between the Town of Southold, a municipal corporation of the State of New York having its principal office at Main Road, Southold, New York and Stony Brook Construction Corp., a domestic corporation of the State of New York, having its office and principal place of business at 460 A Granny Road, Medford, New York. WHEREAS, the Town Board of the Town of Southold accepted the bid of Stony Brook Construction Corp. for the construction of a steel pre -fabricated building at the Southold Town Landfill Site at Cutchogue, New York, in the amount of $222,070.00, and WHEREAS Stony Brook Construction Corp. desires to place materials and equipment on the Landfill Site and also to place forms and pour concrete preparatory to the construction of said building and to excavate on said site for such building prior to the execution of the contract between the parties hereto; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: (1) The 'down of Southold does hereby give consent to Stony BrookConstructionCorp. to place materials and equipment and also to place forms and pour concrete preparatory to the construction of said building on the Southold Town Landfill Site at Cutchogue, New York at the sole responsibility of Stony Brook Construction Corp.; and further to do excavation work at said site prior to the execution of the contract between the parties upon the condition that the placement of such material and equipment and such excavation work is the sole responsibility of Stony Brook Construction Corp.; (2) Stony Brook Construction Corp. does hereby agree to indemnify and hold harmless the Town of Southold from any liability what so ever by reason of its placement of materials and equipment at such site and excavation at said site prior to the execution of such contract; (3) Stony Brook Construction Corp. hereby agrees that beforE r - -_ Agreement been Stony Brook Constructi6 Corp. page -2- and the Town of Southold, dated 9/27/83 placing any materials or equipment on said site or performance of any excavation work that it will provide the Town of Southold with such liability insurance policy set forth in the face amount of $1,000,000.00 which said policy shall name the Town of Southold as a named insured. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. By.��I William R. Pell, 111, Supervisor TOWN OF SOUTHOLD By j .A St ny Brook C ns ruction Corp. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. BOX 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 7, 1983 Katherine Stebbins, President Stony Brook Construction Corp. P. 0. Box 678, 460A Granny Road Medford, New York 11763 Dear Ms. Stebbins: I am enclosing herewith a copy of the executed Agreement between Stony Brook Construction Corp. and the Town of Southold for the building at the Landfill site. I am also returning herewith your two percent bid bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures -"�J Fidelity and Deposit HOME OFFICE OF MARYLAND BID BOND KNOW ALL MEN BY THESE PRESENTS: fe Company BALTIMORE, MD. 21203 That we, T rpStony Brook Construction Corp. & James Monroe OtrCtloTdleo �---------------•--- �aII .!Y R. , ox�nn Roade OrLI... P— .O•r' . 11 G • ............................................... y --- Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto Town of Southold -----------•------......•---------•- .-----•--------•------•-••••-----•-----•--•••------•----••----•-•...---•----•--•---•-••-----•................••--•--•-•-----•------------•-- ------------•--------------------•-----------------•--•-•------------ ----------------•------•------------------------ in the penal sum of_ ---------- `I'.!o_ Percent__.(2l of_ .theamguntbd------ _________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this -----------------19th - of .................... September.. 19.83 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted to Town of Southold --- ----- -•--•-----•-------•--•---------------••---••----•------•--------...-------•-•-••-•------....-•--•---------•-------••-----------•-------•------- a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the .......................... Construction- of pre-enl.ineered...steel building at _ Southold Town_Landfill site ---- ------------------•-------•••....-------•--•----------••--••••--•---••--------...-----•--- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons 'performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety'and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. C2424(NJ)— STONY BROOK CONSTRUCTION CORP. -----•------•---•--•-•.............•-•-••----.........----••---•-_....------------......-_...... Principal f - e` - JAM ONROE CONST ON COM. 3 - FIDELITY AND DEPOSIT COMPANY OF MARYLAND By--- --•-- •..... ................................................... Robert G. Tynan, Attorney -in -Fact JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 1983 Sidney B. Bowne & Son 235 East Jericho Tpke. Mineola, New York 11501 Gentlemen: Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Please be advised that the following resolution was duly adopted by the Southold Town Board at a special meeting held on September 27, 1983: "RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stony Brook Construction Corporation for the Design, Detailing, Fabrication and Erection of a Pre- engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York, all in accordance with the bird documents, at the base bid/lump sum contract price of $221,770.00 less alternate #7 of $1,700.00 plus alternate #8 an increase of $2,000.00 the total cost of $222,070.00". Very truly yours, Eli beth A. Nevil e Deputy Town Clerk I JUDITH T. TERRY TOWN CLERK REGISTRAR OP VITAL STATISTICS Sidney B. Bowne & Son 235 East Jericho Tpke. Mineola, New York Gentlemen: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Please be advised that the following resolution was duly adopted by the Southold Town Board at a special meeting held on September 27, 1983: "WHEREAS Stony Brook Construction Corporation's bid for the construction of a Pre-engineered Metal Building approximately 100 feet long and approximately 100 feet wide at the Southold Town Landfill site at Cutchogue, New York has heretofore been accepted by this Board,. RESOLVED that the Supervisor be and hereby is authorized and directed to execute an agreement between Stony Brook Construction Corporation and the Town of Southold for the placement of material and equipment and also to place forms and pour concrete prepara- tory to the construction of said building on the Southold Town Landfill site at Cutchogue, New York, and the excavation of material prior to the execution of the agreement between the Town of Southold in accordance with the bid documents". Very truly yours, Elizabeth A. Nevil e Deputy Town Clerk M\iV� d iiiff.Salla(1�[aL•i7�'!•i.Y.'t><I»��bL_ii�9salll`ISiP...: a . e . � a . : �.`[aL•7n9a�•igSal_.'i�:f>f«y: il![w:iJ_..�Ii qac_ __- _. o aL•\t �Za14.'>t:[il�_6517:fa7i_�i7:UiaZ is1\i�al:I iZi]7�:�3H ago] 7174117:1'iiSlllal041*194Gylla77lia1_ -- - - _ - - NAME AND ADDRESS OF AGENCY -- National Coverage Corporation 333 N. Broadway Jericho, N.Y. 11753 NAME AND ADDRESS OF INSURED Stonybrook Construction Corp. P.O. Box 679 Medford, N.Y. 11763 COMPANIES AFFORDING COVERAGES COMPANY LETTER /'� 11 A Transamrica C/o LICA COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should ,any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Stonybrook Construction 'Lown of Southold Collections Center for Landfill Town Hall Southold, Suffolk County, N.Y. ACORD 25 (1-79) DATE ISSUED:-__ 9/21/83 C AUTHORIZED REPRESENTATIVE Dale Schineller Limits of Liability in Thousands (000)_ _ COMPANY LETTI=R TY PE OF INSURANCE POLICY NUMBER POL IGY EXPIRATION DATE EACH AGGREGATE _ OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ® COMPREHENSIVE FORM ® PREMISES --OPERATIONS PROPERTY DAMAGE $ $ ® EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD --- PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND A ® CONTRACTUAL INSURANCE 18482124 5/11/84 PROPERTY DAMAGE $ 500 $ 500 ® BROAD FORM PROPERTY COMBINED �'jj DAMAGE �1INDEPENDENT CONTRACTORS PERSONAL INJURY $ 500 PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ® COMPREHENSIVE FORM BODILY INJURY $ A ® OWNED 18482124 5/11/84 (EACH ACCIDENT) L PROPERTY DAMAGE ® HIRED $ BODILY INJURY AND NON -OWNED PROPERTY DAMAGE $ 500 COMBINED EXCESS LIABILITY ----- _ BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE $ $ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and - - - A _ EMPLOYERS' LIABILITY WC1165408 8/27/$3 $ 100,000 ,1.N1) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should ,any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Stonybrook Construction 'Lown of Southold Collections Center for Landfill Town Hall Southold, Suffolk County, N.Y. ACORD 25 (1-79) DATE ISSUED:-__ 9/21/83 C AUTHORIZED REPRESENTATIVE Dale Schineller L OFFIC9 ¢,F, ` OWE h` ORNEY ROBERT W. TASKER T 0 � �SHOLD TELEPHONE Town Attorney .� (516)477-1400 7�A 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 21, 1983 OUR Mr. Francis J. Murphy,+ Deputy Supervisor 7SEP9$3 Town of Southold .I Town Hall ..�' Main Road TOWN OF SOUTHOLD Southold, New York Re: Landfill Bond Resolution in the amount of $620, 000 Dear Frank: I have talked with Hawkins, Delafield and Wood, our bond counsel, concerning the question of the bids for the machinery and building at the Town's landfill. They advised me that all that need be done is to adopt an amended Bond Resolution which they are preparing and will have in my hands for the special meeting to be held on Tuesday, September 27. For your information, the items in the Bond Resolution will be amended as follows: Original Amended Bulldozer $136,000 $ 92,500 Two Payloaders 179,000 160,000 Compactors 8 Truck Tractor 130,000 108,000 445,000 360,500 Building 175,000 259,500 Total $620,000 $620,000 You will note from the above, that the amount allocated to the building will be increased from $175,000.00 to $259,500.00, which will Mr. Francis J. Murphy -2- September 21, 1983 be sufficent to provide the necessary funds. for the building as indicated in the bid of Stony Brook, and will also provide funds for the engineer and other incidental expenses including any change orders which may come about during the course of construction. I believe that the Supervisor should give notice of the special meeting of the Town Board to be held on September 27. Yours very truly, ROBERT W. TASKER RWT : as cc: Raymond C. Dean 10 14 III Al. J A 00 if -A DA L I 0 0 4.,., Lltd- 4a > I (A I t .1 . -r " V"u --L-. 0 Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 (516) 698-1700 Project Identification: Town of Southold -Collection Center for Landfill This Bid is submitted to: Town of Southold Southold Town Hall Main Road Southold, New York 11791 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Documents to complete all Work as specified or in- dicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the dis- position of Bid Security. This Bid will remain open for forty-five (45) days after the day of Bid opening. Bidder will sign the Agree- ment and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date AloNE Number (.b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (.federal, state and local laws, ordinances, rules and regulations) and the conditions affect- ing cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary; (.c) The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDERhas not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm.or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and -1- Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 (516) 698-1700 Project Identification: Town of Southold -Collection Center for Landfill (continued) (d) (Any other representation required by local law.) 4. BIDDER will complete the Work for the following price: (a) BASE/BID LUMP SUM CONTRACT PRICE: Two HUN D PfD AUi% TiJS,vTy o.UL Tf/o,SAyD , S€JE J No uD,95) 4o i) $ 2;2 I, 77D. O O (use words) S FJe�r� �o�c,g pg . (use figures) (b) Alternates to the Base Bid scope of Work will be made for the following prices: (1) Add concrete in place with a minimun compressive strength of 3,000 psi after 28 days 4/2S vo per c. y. (2) Add intermediate gauge reinforcing steel in place conform- ing to ASTM Grade 60 x-50 per pound. (3) Delete slab on grade in the refuse area '81/00.06) Lump Sum. (4) Delete slab on grade in the storage shed area ��7oa,oy Lump Sum. (5) Delete office & lavatory interior partitions` /66.00 Lump Sum. (6) Delete two (2) concrete aprons to shop area 4l1 S"0.00 Lump Sum. (7) Delete bollards /06- 00 each. (_8) Add epoxy pain to all exposed structural frame, roof and wall surfaces ;_2-00 Lump Sum. (9) Delete two (2) PVC strip doors !!�y000.00 Lump Sum. (10) Delete all plumbing work ?'Z 000.00 Lump Sum. (.11) Delete all electrical work # 7, 000. 00 Lump Sum. 5. BIDDER agrees that the Work will be substantially completed with- in 90 calendar days after the date when the C ontract Time commences to run, and completed within 120 calendar days after the date when the Contract Time commences to run. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of Bid Bond (b) A tabulation of Subcontractors and other persons and organizations required to be indentified in the Bid. -2- i Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 (516) 698-1700 Project Identification: Town of Southold -Collection Center for Landfill (continued) 6. (c) Required Bidders Qualification Statement with support- ing data. (d) (Add other documents as pertinent) 7. Communications concerning this Bid shall be addressed to: Stony Brook Construction Corp. j/v James Monroe Construction Corp. P.O. BOX 678 460 Granny Road Medford, New York 11763 8. The terms used in this Bid which are defined in the General conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted On September 19 , 1983 -3- Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 (516) 698-1700 Project Identification: Town of Southold -Collection Center for Landfill This Bid submitted to: Town of Southold Southold Town Hall Main Road Southold, New York 11791 Additional Specifications and Alternates 1. Outside Ramps and retaining walls figured in base bid at a length of 100 if each. At a 12% pitch starting at a finish floor elevation to a depth of 121. Bid Price $15,600.00 2. P.V.C. Strip curtains are refrigeration type with 16" strip and single overlap Alternate #1 Bid Price $2,000.00 each 16" Strip with full overlap Bid Price $2,500.00 each 3. Methane Test Wells if needed Price $35.00 per l.f. 4. Cuckler's Roof System has a U.L.90 rating for wind uplift. -4- Stony Brook Construction Corp. 460A Granny Rd. P.O. Box 678 Medford, New York 11763 (516) 698-1700 ,Project Identification,- Town of Southold. -Collection Center for Landfill A Joint Venture By: Stony Brook Construction Corp. CName ) P.O. Box 678, 460A Granny .Road, Medford, New York 11763 (address) New York (_state of incorporation) Katherine Stebbins CLZft;C�t:� XML; 1 (name of A thorized person to sign) President (Titlel Joint Venture With: By: James Monroe Construction Corp. (.Name) P.O. Box 679, 460 Granny Road, Medford, New York 1176' (.Address). New York (state of incorporation) J. Monroe Stebbins President (Title), Corporate Seal: Corporate Seal: Attest_ Stony Brook Construction Corp. James Monroe Construction Corp. P.O. Box 678, 460 Granny Road, Medford, New York 11763 _ (516) 698^3333 Phone No. -5- ,24w- � 372 Islip Avenue '— Islip, New York 11751 (516) 581-1775 PROJECT INDENTIFICATION: Town of Southold - Collection Center for Landfill THIS BID IS SUBMITTED TO: Town of Southold Southold Town Hall Main Road Southold, New York 11791 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Docu- ments to complete all Work as specificed or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for forty-five (45) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award, 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date �--C_ Number (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or perfor- mance of the Work and has made such independent investigations as BIDDER deems necessary; (c) The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corpora- tion; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and (d) (Any other representation required by local law.) Page 1 of 5 1] 4. BIDDER will complete the Work for the following price: (a) BASE/BID LUMP SUM CONTRACT PRICE: 1616 S/%&Q� 11416-7 �. /1©ce s Aid 72;j�') /X'o &d . use words /4') 64e— (s�. f i gures (b) Alternates to the Base Bid scope of Work will be made for the following prices: 1) Add concrete in place with a minimum compressive strength of 3,000 psi after 28 days per c.y. 2) Add intermed_M to gauge reinforcing steel in place conforming to ASTM Grade 60 0 _ per pound. 3) Delete slab on grade in the refuse area 443 (1 -Lump Sum. 4) Delete slab on grade in the storage shed area 0� 1 5 0,Lump Sum. 5) Delete office & lavatory interior partitions 6 90 Lump Sum. � 6) Delete two (2) concrete aprons to shop area 1(f J Lump Sum. 7) Delete bollard �rga . each. 8) Add epoxy paint to all exposed structural frame, roof and wall surfaces /Q O 0 () Lump Sum. 9) Delete two (2) PVC strip doors Gd Lump Sum. 10) Delete all plumbing work a �' Lump Sum. 11) Delete all electrical work., �,C Lump Sum. 5. BIDDER agrees that the Work will be substantially completed within 90 ca endar days after the date when the Contract Time commences to run, and completed within 120 calendar days after the date when the Contract Time com- mences to run. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of (b) A tabulation of Subcontractors and other persons and organizations required to be indentified in this Bid. (c) Required Bidders Qualification Statement with supporting data. (d) (Add other documents as pertinent) BID FORM Page 2 of 5 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. To the following address: 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. a SUBMITTED ON 19 R; BID FORM Page 3 of 5 If BIDDER is: An Individual By (SEAL) Individual's Name doing business as Business address: Phone No.: A Partnership By (SEAL) Firm Name Business address: Phone No.: A Corporation By 461121 By general partner (Corporation Name /?6x Z� on to sign (Corporate Seal) Attest— Secretary_ Business address: "d -i Phone No.: Y&16) �vC-5 Page 4 of 5 A Joint Venture By Name Address By Name (Aaaress) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). BID FORM Page 5 of 5 v Un �.; -7 Town Hall, 53095 Main Road �r P.O. Box 728 °, Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK ra (516) 765-1801 REGISTRAR OP VITAL ST.ATIS HCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 7, 1983 Victor Gracie, Treasurer Bufar Associates, Inc. 41 John Street, P. 0. Box 308 Babylon, New York 11702 Dear Mr. Gracie: Now that the Town of Southold has executed an agreement with Stony Brook Construction Corporation for the building at the Landfill site, I am return- ing herewith your bid bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure A❑ FIREMAN'S FUND INSURANCE COMPANY ❑ THE AMERICAN INSURANCE COMPANY D NATIONAL SURETY CORPORATION BID OR PROPOSAL BOND sa 1EMM'S M ❑ ASSOCIATED INDEMNITY CORPORATION OrmnuumcomjIjm ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That We, BU6an Aadocia-tu Inc. 41 John Stneett Baby.2on, NY 11 702 (hereinafter called the principal), as principal, and Fi)Leman,6 Fund I n,6 . ized and doing business under and by virtue of the laws of the State of 6CO. a corporation organf making, guaranteeing or becoming sole surety upon bonds or undertakings requir d or authorized by he laws! of he State of icensed for the purpose of New YohEz as Surety, are held and firmly bound unto Town o4 SOuthhotd (hereinafter called the Obligee in the just and full sum of 2% 06 Three Hundred Fi6ty ThouAand Dottau 00/100 Dollars ($ 2 % 0! i lawful money of the United States of America, for the t3 � 3 5 0 0 0 0 � Y payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the -bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 16th day of Sepxemben Is 83 360277-4.81 BU AR ASSOCIATES, INC. By --T C�✓V (,_,fIREMANS FUND INSURANCE C6PANY 7 By Denn,i.b J. Fitzharr., ',sAttorney-in-Fact U U F A Il A S S 0 C I t� 1 E S, BID FORM 1 n ryco an Inland Steel comErji.v PROJECT INDENTIFICATION: Town of Southold - Collection Center for Landfill THIS BID IS SUBMITTED TO: Town of Southold Southold Town Hall Main Road Southold, New York 11791 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Docu- ments to complete all Work as specificed or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for forty-five (45) days after the Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth :in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the follow- ing addenda: Date none Number none (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regu- lations) and the conditions affecting cost, progress or performance of -the Work and has made such independent investigations as BIDDER deems necessary; (c) The Bid is genuine and not made in the interest of or on behalf of any un- disclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corp- oration to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and (d) (Any other representation required by local law). P. 0. BOX 308 • BABYLON • NEW YORK 11702 • (516) 661-9244 Page 1 of 5 4. BIDDER will complete the Work for the following price: (a) BASE/BID LUMP SUM CONTRACT PRICE: T d Thi -nine Thousand Five Hundred doll ($ 3 9 00. 0 ) use wor s figures (b) Alternates to the Base Bid scope of Work will be made for the following prices: 1) Add concrete in place with a minimum compressive strength of 3,000 psi after 28 days 175 per c.y. 2) Add intermediate gauge reinforcing steel in place conforming to ASTM Grade 60 1 Asn per pound. /4Q��0.. 3) Delete slab on grade in the refuse area Lump Sum. 4) Delete slab on grade in the storage shed area �' Lump Sum. 5) Delete office & lavatory interior partitions 3000 Lump Sum. 6) Delete two (2) concrete aprons to shop area 1000 Lump Sum. 7) Delete bollards 7n each. 8) Add epoxy paint to all exposed structural frame, roof and wall surfaces 9,gnn Lump Sum. 9) Delete two (2) PVC strip doors ?goo Lump Sum. 10) Delete all plumbing work g10n Lump Sum. 11) Delete all electrical work soon Lump Sum. 5. BIDDER agrees that the Work will be substantially completed within 90 ca endar days after the date when the Contract Time commences to run, and completed within 120 calendar days after the date when the Contract Time com- mences to run. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of (b) A tabulation of Subcontractors and other persons and organizations required to be indentified in this Bid. (c) Required Bidders Qualification Statement with supporting data. (d) (Add other documents as pertinent) BID FORM Page 2 of 5 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. To the following address: 41 Sohn Street Babylon, New York 11702 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON SPptamhpr 19 , lg &3 BID FORM Page 3 of 5 If BIDDER is: An Individual By (SEAL) Individual's Name doing business as Business address: Phone No.: A Partnership By (SEAL) Firm Name general partner Business address: Phone No.: A Corporation By BUFAg ASSOCIATES, INC. Corporation Name state otn ncorporation I i A _ By VICTOR GRACIE (12:1 � L ) LIZ Q name o au ho ed person to sign TREASURE Title (Corporate Seal) ;.test BERGETH KEVICK Secretary 41 JOHN ST. BABYLON, NEW YORK Business address: Phone No.: 661-9244 Page 4 of 5 A Joint Venture By Name Address By Name Address (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). BID FORM Page 5 of 5 JUDITH T. TERRY TOWN CLERK REGISTRAR OP VITAL STA OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 1 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516)765-1801 October 7, 1983 Charles R. Chapman, Jr., President Chapman -Apex Associates, Inc. 50 Park Avenue Bay Shore, New York 11706 Dear Mr. Chapman: Now that the Town of Southold has executed an agreement with Stony Brook Construction Corporation for the building at the Landfill site, I am return- ing herewith your bid deposit check in the amount of $6,000.00. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure __ __ __-----T,cc,aurezroubTe-aniexpense to vou. Fs — _ . - , 50-720 x uw wv¢i-•uicw..c.. 214 - N -1U Rev. 11/80 Chapman -Apex Associates, Inc. 4093 50 ARK AVE. JIM BAY SHORE, PNEW YORK 11706 i .— t� — PAY �'VG ?- $ 6, o00 f; Dollars 1 m•wr.� i ' TO THE ORDER OF t7. • BANK OF LONadk D^ N�4'W 540 MONTAUK H'WAY WESt.11SLfyE Y RK 0�11(Ai95w �. iy .a 1ri0 r 7 2001:` 0 3 a Q }s� iA t' , OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 1 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516)765-1801 October 7, 1983 Charles R. Chapman, Jr., President Chapman -Apex Associates, Inc. 50 Park Avenue Bay Shore, New York 11706 Dear Mr. Chapman: Now that the Town of Southold has executed an agreement with Stony Brook Construction Corporation for the building at the Landfill site, I am return- ing herewith your bid deposit check in the amount of $6,000.00. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure __ __ __-----T,cc,aurezroubTe-aniexpense to vou. Fs — _ . - , 50-720 x uw wv¢i-•uicw..c.. 214 - N -1U Rev. 11/80 Chapman -Apex Associates, Inc. 4093 50 ARK AVE. JIM BAY SHORE, PNEW YORK 11706 i .— t� — PAY �'VG ?- $ 6, o00 f; Dollars 1 m•wr.� i ' TO THE ORDER OF t7. • BANK OF LONadk D^ N�4'W 540 MONTAUK H'WAY WESt.11SLfyE Y RK 0�11(Ai95w �. iy .a 1ri0 r 7 2001:` 0 3 V CHAPMAN-APEX ASSOCIATES, INC. Town of Southold - Collection Center for Landfill • TELEPHONE: 516-666-5550 GENERAL CONTRACTORS • Industrial Building • Commercial Building • Land Development • Alterations • Construction Management authorized builder at antic A huilding ..-kms, inc. 50 Park Avenue Bay Shore, New York 11706 THIS BID IS SUBMITTED TO: Town of Southold Southold Town Hall September 19, 1983 Main Road Southold, New York 11791 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER -in the form included in the Contract Docu- ments to complete all Work as specificed or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for forty-five (45) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number /Yvy� (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or perfor-, ---" mance of the Work and has made such independent investigations as BIDDER deems------' necessary; (c) The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corpora- tion; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and (d) (Any other representation required by local law.) x • 4. BIDDER will complete the Work for the following price: (a) BASE/BID LUMP SUM CONTRACT PRICE: Cleo �lirz� gu e w s f i gures r"7' ; (b) Alternates to the Base Bid scope of Work will be made for the following prices: 1) Add concrete in place with a minimum compressive strength of 3,000 psi after 28 days 4`/8/� per c.y. 2) Add intermediate gauge reinforcing steel in place conforming to ASTM Grade 60 6V¢ per pound. 3) Delete slab on grade in the refuse area -P�i2,7ao�'Lump Sum. 4) Delete slab on grade in the storage shed area 411'44,'/oo �o Lump Sum. 5) Delete office & lavatory interior partitions Lump Sum. 6) Delete two (2) concrete aprons to shop area :20o Lump Sum. 7) Delete bollards each. 8) Add epoxy paint to all exposed structural frame, roof and wall surfaces 0 1gyp I Lump Sum. 9) Delete two (2) PVC strip doors ;3,oya o" Lump Sum. 10) Delete all plumbing work V2560e" Lump Sum. 11) Delete all electrical work V�35oe P9 Lump Sum. 5. BIDDER agrees that the Work will be substantially completed within 90 ca endar days after the date when the Contract Time commences to run, and completed within 120 calendar days after the date when the Contract Time com- mences to run. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of Certified ClZeck (b) A tabulation of Subcontractors and other persons and organizations required to be indentified in this Bid. (c) Required Bidders Qualification Statement with supporting data. (d) (Add other documents as pertinent) BID FORM Page 2 of 5 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. To the following address: 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON Sentemher 1.9y , 19_ BID FORM Page 3 of 5 If BIDDER is: An Individual By (SEAL) Individual's Name doing business as Business address: Phone No.: A Partnership By (SEAL) Firm Name general partner Business address: Phone No.: A Corporation By '(CorporationName) (Corporate Seal) Attest state of incorporation name of au person to s itle) President ecretary Business address: 50 Park Avenue Ra�L Shnrp, Npw Ynrlk 117n6 Phone No.: 016)_-666-SSSO Page 4 of 5 A Joint Venture By Name Address By Name Address (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). BID FORM Page 5 of 5 IMPORTANT PLE S� L_a-M PURPOSE OF THE SECTION 3 PLAN This plan exists in order to insure that to the greatest extent feasible a good faith effort will be made to: •1 - Provide an opportunity for training. and employment to low -moderate income residents of the project area. 2 - Provide businesses located in the project area with the opportunity - to become subcontractors and/or vendors.. In order to accomplish the above all potential contractors must.sign the Contractor's Compliance Form contained in this section. In addition all the Contactor's Section 3 Plan. This potential contractors must complete plan indicates That actions, it any, are proposed for hiring project area residents and for subcontracting .with project area businesses. A list of project area businesses and a list of organizations concerned with the employment of project area residents is included in this Section in order to assist you %•;hen filling out thZ Contractor's Section 3 Plan. Also included in this Section is a Trainee Utilization Plan and a Skilled Employee Utilization Plan. The successful bidder would be required to submit these 2 forms monthly with the t^onthly Employment Utili- zation Report (SF 257). ' PLEASE NOTE: The successful bidder is the one with the lowest bid. Each bidder however crust Sign the Contractor's Compliance Form and comPlE�tC the Contrlictor's Section 3 Plan. 0 • Date:-- SP,c, /9; /9ev3 • Project 1%;0• _ • , Location: Trani.^..c, =:-^ion—oct ,_ � Co -;t -pct --c �•s__��u�:_�f _ for 3us_nesses A. The project ass_ste_ l:^.aa LL• require -.eats of ncct`on 3 0.0 t ube - _ U.S.C. 1+_7.0_11_1. _rercti -cn`_.: extent feasible . O the grCatS-. a, _c aerC;^ Income resid taOf the 7ro'oC_ area `.c cc---o^cs :or o-'- i with the prO'ect .^n a t.-`. o� a Ca i . � tI CC: :CCt: .a _ �. - _O S_,'1eSS CC. Cer ;S :: ic.1 �r� GC t - 2n Cr Owned in subst::.:t_ L tri � ^ -SC S reS` - J area of tae zrcject. B. Nott ithsI.anr_..7 .:_7:j G'he_ '7O•.is_dn O� s (Contract)(agreement); L{ e (aFP ic= - :7 _r_ ) -h- Carry Cllt t z C ^''G`JiS?C^S : Sc4:_ end the r :1at;c:s _ssued _oL: u :c end as1 cOO _r_o1� 7'_1_S .cC^ �-- _ t t t0 (^ etc_ r _z; e Vhe ex•ecu ion G: V.. -J rJ.' V� -••f \a.. J-=C•"'�:: ..} • :'.e` rei• -n., j^G_ .•.� G^ • z'eCl:1c�.�C^.5 _::C�.�.,.n CUL are .'_'J-.. �?-._�..C'^, to "�1 -n _ 7r_• or ns r=s.__ _ r a c_rL_ a�. _-..y•. tri ?.::1n�, e.-~�O•%.Cn- c_''= ....__n..:.. - _ •� .__._ .. , •.. __ .. _�_ 1nCOr.dra:C -he ,sect- ,_ cY Sact4 the re„ 11a _ccs :.^. c_u--'_cts .c_ ..=n_-_.• 'n`ccr� ect,yGa7-he (a_ - t : �_ _._; ac cerr---=s ardagrees is _ traC.a- Or Cer isab*i wO-_ _Yea it .. Cdr—,y- these C M,::-1 - . --?d ►JJ�� •+^� CCC _i.�v•• C. Ccnp: n f ?: ��Q • _ �i�yov��,.� _ /y Ear r �� ,�,v� It'Y:.*III -E0:III 5..,Vr cs 6-14--14 Z- - •• "O'i�Si.^..., Of te''.�C.^.S S?T. :C:_,.. _ 24 C.'^."1 p-_ r t c::_rSl_eS C:1C Cr't�rS O� ..:.0 .c.�Cr-+.._ r _ _•• .�.� 'O_ _ vd _... d•� . N1. `_•. =Y. _.� :.. Or• tom= � (aG:ee.==^t• "=;-c:ac'�� s==-- c' = ?•- � - - _ a�'p_i`=_ic^ _.-Cr -z 82.CA PrO'Jp'4v•,O r.. r,o • successors =.4 css; ^.s. :a_1�� e to^, •",1 t:- �e (GY1._.... Z.iC�}(reCi✓]?r-i, .fie ..^:...?. ,�.G=:. -, _..L.---�• __.. __ _ _`r and C.SS, --J to the ..- �V _- .• - V•4 JV\.. •• �•-••, •NJ S,.►...r:..Jv_ v S�.ilr �rrJ r_nr�(�•\•'.• H �_.. �1a,-��O•�:'.'.:.V }`CCS V-r.r V)2 .'.�J ._ b SI:Ch Ja:�n �•:C:.S {iJ i:. a ap r^. .i CONTRACTOR'S SECTION 3 PLAN i - Name of Firm Chapman -Apex Associates, Inc. Address SP park Avenue, Ra;T Shnre, Naw Ynrk 11706 Phone 7 Csi6) fi66-sssn 2 - Project Name/Description Tn= of SnhthnId-Collection Center for --Landfill Project Location Southold, New York 11791 .- Please use additional sheets if needed. 3 - Employment a - Co you expect to hire any project area residents? Yes NO b - If yes how many? Trainees 2 Skilled Employees 8 Total in c - What organizations, if any, from the attached list do you intend to notify? Carpenters union T orerS Un i nt Iron Workers Union d - What publications will you use for employment notices? T.nril TTninnc 4 - Subcontractors a - Do you expect to use project area businesses as subcontractors or vendors? _AYES NO b - If yes how many? c'= What businesses, if any, from the project area will you request bids from? RCCA F.l ertric %Qi4%5l �7ID,//eJJC &e7,voeeZE awl ,dd,VplELG /'L!/�l�Oiy� Plan prepared by Charles R. Chapm". Jr. President Name Position September 19,. 1983 Date i Section 3 Plan All bid packages must contain the following information: 1 - Purpose of the Section 3 Plan 2 - Contractor's Compliance Form 3 - Contractor' -s Section 3 Plan _4 - Trainee Utilization Plan 5 - Skilled Employee Utilization Plan 6- List of organizations concerned with the employment of lo;i-modera- income persons. i- List of project area businesses. VW c s Town Hall, 53095 Main Road `�- P.O. Box 728 Southold, New York 11971 JUDITH T. TERRY , TELEPHONE TOWN CLERKTELEPHONE 765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 7, 1983 Mr. Alvin Levine, President Tenalp Construction Corp. 11 Grace Avenue Great Neck, New York 11921 Dear Mr. Levine: Now that the Town of Southold has executed an agreement with Stony Brook Construction Corporation for the building at the Landfill site, I am return- ing herewith your bid bond.. Very truly' yours, Judith T. Terry Southold Town Clerk Enclosure C BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) UNION KNOW ALL MEN BY THESE PRESENTS, that we Tenalp Construction Corp. 11 Grace Avenue, Great Neck, New York 11021 as Principal, hereinafter called the Principal, and Union Indemnity Insurance Company of New York 260 Madison Avenue, New York, New York 10016 a corporation duly organized under the laws of the State of New York as Surety_, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold, New York as Obligee, hereinafter called the Obligee, in the sum of 2% of Amount Bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our JX%, executors, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Collection Center for Landfill Pre engineered Metal Building NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in 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 + 15th day of September 1983 t Tenalp Construction Corp. I / 0 1 \ (Principal) (Seal) (Witness) .l 1 / /C. 4_sl©C^J (Title) (Witness) Revised to February, 1970 .n " .- ---;-CA Union Indemnity Insurance Company of New York A (Surety) (Seal) V t� itle) William D. Surre - Attorney -in -Fact i TENALP CONSTRUCTION CORPORATION CONTRACTORS AND ENGINEERS 11 GRACE AVENUE GREAT NECK, NEW YORK 11021 TELEPHONE (516) 829.9777 PROJECT INDENTIFICATION: Town of Southold - Collection Center for Landfill THIS BID IS SUBMITTED TO Town of Southold Southold Town Hall Main Road Southold, New York 11791 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Docu- ments to complete all Work as specificed or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for forty-five (45) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: A' J AJ&:_ Date Number (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or perfor- mance of the Work and has made such independent investigations as BIDDER deems necessary; (c) The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association,Morganization or corpora- tion; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and (d) (Any other representation required by local law.) Page 1 of 5 4. BIDDER will complete the Work for the following price: (a) BASE/BID LUMP SUM CONTRACT PRICE: 7"1066 WiJNDkCo F-e,erY N7i1i--- 'r19rV0SWA.)d AvA)C- MO—A2,01,64) 'ra)&Av rY FV6- A L 4 #k1 ($ use words figures (b) Alternates to the Base Bid scope of Work will be made for the following prices: 1) Add concrete in place with a minimum compressive strength of 3,000 psi after 28 days 02.2 ,o,00 per c.y. 2) Add intermediate gauge reinforcing steel in place conforming to ASTM Grade 60 0, 6"S per pound. 3) Delete slab on grade in the refuse area *A? 9d0. Lump Sum. 4) Delete slab on grade in the storage shed area Zj'c?,— Lump Sum. 5) Delete office & lavatory interior partitions # A, A24" � Lump Sum. 6) Delete two (2) concrete aprons to shop area Jr3 oo.— Lump Sum. 7) Delete bollards .fAco. — each. 8) Add epoxy paint to all exposed structural frame, roof and wall surfaces JAzoD. Lump Sum. 9) Delete two (2) PVC strip doors 4V Zoo,— Lump Sum. 10) Delete all plumbing work * 6COod. Lump Sum. 11) Delete all electrical work"-�aed.--Lump Sum. /S0 4.6 5. BIDDER agrees that the Work will be substantially completed within'96' ca endar days after the date when the Contract Time commences to run, and completed within,12T calendar days after the date when the Contract Time com- mences to run. ikon L 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of 610 e3°n)v F"2 a e� OF *X40"Il r /3,//J, (b) A tabulation of Subcontractors and other persons and organizations required to be indentified in this Bid. (c) Required Bidders Qualification Statement with supporting data. (d) (Add other documents as pertinent) BID FORM Page 2 of 5 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. To the following address: Tc,oJAcP ccNsTRt�c cion/ Co��. G'.f'E/Sr T /✓ECA(' A/- 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON 5C--,)T6-AiBC=ie /J? , 19,6F3 BID FORM Page 3 of 5 • M If BIDDER is: An Individual By (SEAL) Individual's Name doing business as Business address: Phone No.: A Partnership By (SEAL) Firm Name Business address: Phone No.: A Corporation By Tom, general partner ' QC 6/OA, orporation 49,ep- A/� w YO'eK state of incorporate By L 1// A) C1// name of authorized person to sig Title ti (Corporate Seal) 4 Attest Secretary Business address: Gxxec- G461fT AICCK /.Y. 1102--1 Phone No.: 7-% Page 4 of 5 A Joint Venture Im (Name) Address By Name (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). BID FORM Page 5 of 5 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the -Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read. aloud for the Design, Detailing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, General Conditions, Supplemental General Condi- tions, Addenda, Form of Proposal, Specifications and Plans may be examined at the office of the engineers, Sidney B. Browne & Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accompanied by a bid bond or a certified check made payable to the order of the TSuthold, in the o amount u4ess than two (2%) percen of the base bid, conditioned the if the bid is accepted, the` successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pursuant -to the requirements. of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. If the successful bidder enters into a contract pursuant to the requirements of the Town, then said check or bid bond shall be returned to said bidder. No bidder shall withdraw his bid within forty-five (45)' days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signea ana enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, 1 SS: New York 11971. , Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK 3 Ori 1TS1-4330 of Greenport, in _ g aury sworn, says that ))she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week forone weeks successively, commencing on the 1 St day of September 19 83 HELEN K. DE VOE 101AR,/ PUBLIC, State of New York e No. 4707878. 3uttelk Count Term Expires March 30, 1915^ Principal Clerk Sworn to before me this 1st day of -S-eptember 19$_3�_ �aC- STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Joan W, Gustayson of Greenport, in said County, being duly sworn, says that Mahe is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week forgne weeks successively, commencing on the 1 st day of Septemher 19_03 HELEN K. DE VOE 0NOTARY PUBLIC, State ofNew YorkICIA-Iowalrt No. 4101818, 3uffelk Count principal Clerk Term Expires March 30, 191 Sworn to before me this at day of PIA OIL*19$ At - AP LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York_ until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detailing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, General Conditions, Supplemental General Condi- tions, Addenda, Form of Proposal, Specifications and Plans may be examined at the office of the engineers, Sidney B. Browne & Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and' copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accompanied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from .the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pursuant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. If the successful bidder enters into a contract pursuant to the requirements of the Town, then said check or bid bond shall be returned to said bidder. No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope piainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1TS1-4330 ► SS: son of Greenport, in ...,u , being duly sworn, says that XWshe is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for One weeks successively, commencing on8the 1 St day of September 19 HELEN K. 9E VOE kRY PUWLIC, State of New York la 4707878. Suffolk Count 61 Principal Clerk !r+n Expues March 30, 1X5 Sworn to before me this 1st dayof September 19$3-- STATE OF NEW YORK 1 SS: COUNTY OF SUFFOLK Joan w• Gustayson of Greenport, in said County, being duly sworn, says that JWshe is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one. weeks successively, commencing onh e 1 st dayof September ° 19 HELEN K. BE VOE ' NOTARY PUBLIC, State of New York No. 4707878, Suffoik Count Principal Clerk Term Expires March 30,19W Sworn to before me this 1St dayof Se]DtemheT 1923- LEGAL NOTICE NOTICE, TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detailing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, General Conditions, Supplemental General Condi- tions, Addenda, Form of Proposal, Specifications and Plans may be examined at the office of the engineers, Sidney B. Browne & Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($550.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accompanied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pursuant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. If the successful bidder enters into a contract pursuant to the requirements of the Town, then said check or bid bond shall be returned„ to said bidder. No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T: Terry, Southold Town Clerk, Southold Town ;K ► Hall, Main Road, Southold, 1 SS: New York 11971. Dated: September 1, 1983 LK 1 JUDITH T. TERRY SOUTHOLD TOWN CLERK iV S on 1TS1-4330 of Greenport, in uum i.vunty, being duly sworn, says that /she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 1 St dayof September 1983 HELEN K. DE VOE IDTARY PUBLIC, State of Ne# York No. 41044 Suffolk County Principal Clerk Term ExpnPs March 30, 19L-�_ Sworn to before me this 1St dayof September 1983 �L UO -L STATE OF NEW YORK 1 SS: COUNTY OF SUFFOLK 1 Joan W.. Gustayson of Greenport, in said County, being duly sworn, says that Wshe is f Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New r - York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 1 St s day of September 19 3 HELEN V — ins NOTARY PUBLIC, State off New York No. 4707476, SuffNk County Principal Clerk Term Expires March 30,19i.< Sworn to before me this 1 -St dayof September 1983 NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detail- ing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, Gen- eral Conditions, Supplemental General Conditions, Addenda, Form of Proposal, Specifica- tions and Plans may be exam- ined at the office of the engineers, Sidney B. Browne & Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accom- panied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pur- suant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. If the successful bidder enters into a contract pursuant to the re- quirements of the Town, then said check or bid bond shall be returned to said bidder. No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, N.Y. 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-9/1/83(3) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thct the notice of which the annexed is a printed copy, has been published in said Long Island Traveler -Watch- man once each week for .....................................weeks / 4 -91 - successively, commencing on the ..................................... day ... ..... �f fe��:;<�Y........... 19...... , / ,'-k-,'- Sworn to before me this ..........:..................... day of ......................�-19.... J� l . . Notarublic ...... NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, * Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detail- ing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, Gen- eral Conditions, Supplemental General Conditions, Addenda, Form of Proposal, Specifica- tions and Plans may be exam- ined at the office of the engineers, Sidney B. Browne & Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accom- panied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pur- suant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. If the successful bidder enters into a contract pursuant to the re- quirements of the Town, then said check or bid bond shall be returned to said bidder. No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, N.Y. 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-9/1/83(3) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler -Watch- man once each week for ...................... ................weeks successively, commencing on the ............/ � ............. I, • ................... Sworn / to before me this ................................ ...........1................ day of ......... .. ........ ... ..................... Notary blit All NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detail- ing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, Gen- eral Conditions, Supplemental General Conditions, Addenda, Form of Proposal, Specifica-, tions and Plans may be exam- ined at the office of the engineers, Sidney B. Browne & Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accom- panied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pur- suant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. If the successful bidder enters into a contract pursuant to the re- quirements of the Town, then said check or bid bond shall be returned to said bidder. No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, N.Y. 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-9/1/83(3) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thct the notice of which the annexed is a printed copy, has been published in said Long Island Traveler -Watch- man once each week for ...................................... weeks successively, commencing on the..........d'......................... dayo ...... ....� ....................... C,,_A ..... CA- ..... . ....:....:...... Swor/n to before me this ............... ............... day of ..`.................. 19.. fn , STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 29th day of August 1983 , 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 Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 NOTICE TO BIDDERS: Design, detailing, fabrication and erection of a pre-engineered metal building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. - Bid Opening: 10:00 A.M., September 19, 1983, Southold Town Hall. 61 Judi T. Terry (57 Southold Town Clerk Sworn to be before me this 29th day of August 19 83 No ary Pub ELIZABETH ANN NE I NOTARY PUBLIC, State of New York No. 52.8125850, Suffolk County. Term Expires March 30, 19� • NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detailing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, General Conditions, Supplemental General Conditions, Addenda, Form of Proposal, Specifications and Plans may be examined at the office of the engineers, Sidney B. B)(owne E Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accompanied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2$) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pursuant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. if the successful bidder enters into a contract pursuant to the requirements of the Town, then said check or bid bond shall be returned to said bidder. No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, SEPTEMBER 1, 1983, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on 8/29/83: The Suffolk Times The Long Island Traveler -Watchman Town Board Members Superintendent of Highways Dean James C. McMahon Town Clerk's Bulletin Board -2- Ll ROBERT W.TASKER Town Attorney C RNEY RECY-T76:D 425 MAIN ST. AUG 2,211 I0 GREENPORT, L.I., NEW YORK 11944 August 28, 1983 Tcwn Cleric Southold Hon. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Re: Notice to Bidders for Building at Landfill TELEPHONE (516) 477-1400 Dear Judy: Enclosed herewith is the form of Notice to Bidders for the design and construction of a Metal pre-engineered building at the Cutchogue Landfill site. This notice must be published once in the town newspaper on September 1, 1983. Sidney B. Browne S Son, consulting engineers will be preparing the plans and specifications and other bid documents for this project. As you will see from the Notice to Bidders, the bidding documents will be available for interested bidders at the office of the engineers. However, bids will be received at your office and will be opened at 10:00 A.M. on Monday, September 19, 1983. A copy of the enclosed Notice to Bidders is being sent by me to Sidney B. Browne & Son to the attention of Thomas Lindtvit of that office. Yours very truly, ROBERT W. TASKER enc. cc.Sidney B. Browne 8 Son 7_--��`- %J NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M. , prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detailing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, General Conditions, Supplemental General Conditions, Addenda, Form of Proposal, Specifications and Plans may be examined at the office of the engineers, Sidney B. Browne E Son, at 235 East Jericho Tpke., Mineola, New York,. (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accompanied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pursuant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages, if the successful bidder enters into a contract pursuant to the requirements of the Town, then said check or bid bond shall be returned to said bidder. • No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Metal Building" and addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERIC PLEASE PUBLISH ONCE, SEPTEMBER 1, 1983, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD,.NEW YORK 11971. Copies to the following on 8/29/83: The Suffolk Times The Long Island Traveler -Watchman Town Board Members Superintendent of Highways Dean James C. McMahon Town Clerk's Bulletin Board -2- \ TICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Board of the Town of Southold, Suffolk County, New York until 10:00 A.M., prevailing time, on September 19, 1983 at the Southold Town Hall, Main Road, Southold, New York, at which time they will be publicly opened and read aloud for the Design, Detailing, Fabrication and Erection of a Pre-engineered Metal Building approximately 100 feet long and 100 feet wide at the Southold Town Landfill site at Cutchogue, New York. Instruction to Bidders, General Conditions, Supplemental General Conditions, Addenda, Form of Proposal, Specifications and Plans may be examined at the office of the engineers, Sidney B. Browne E Son, at 235 East Jericho Tpke., Mineola, New York, (516-746-2350) and copies thereof may be obtained at the office of said engineers upon the payment of a deposit of fifty ($50.) dollars, which will be refunded to any bidder who returns the same in good condition within thirty (30) days following the award of the contract or the rejection of the bids. Each bid must be accompanied by a bid bond or a certified check made payable to the order of the Town of Southold, in the amount of not less than two (2%) percent of the base bid, conditioned that if the bid is accepted, the successful bidder will enter into contract for the work within ten (10) days from the date of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into contract pursuant to the requirements of the Town, then said check or bid bond shall be forfeited to the Town of Southold as liquidated damages. if the successful bidder enters into a contract pursuant to the requirements of the Town, then said check or bid bond shall be returned to said bidder. I No bidder shall withdraw his bid within forty-five (45) days after the opening thereof. Thereafter, a bidder may withdraw his bid only in writing, and in advance of the -actual award. The Southold Town Board reserves the right to reject any or all bids, and to advertise for new bids, and to waive any informality in the bids, and to accept or reject any or all Alternates or unit prices if, in its opinion, the best interest of the Town of Southold will thereby be promoted. All bids must be , signed and enclosed in a sealed envelope plainly marked "Bid . for. Metal Building". and, addressed to Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Dated: September 1, 1983 JUDITH T. TERRY SOUTHOLD TOWN CLERK. PLEASE PUBLISH ONCE, SEPTEMBER 1, 1983, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on 8/29/83: The Suffolk Times The Long Island Traveler -Watchman Town Board Members Superintendent of Highways Dean James C. McMahon Town Clerk's Bulletin Board -2- 1% TOWN OF SOUTHOLD COLLECTION CENTER FOR LANDFILL INSTRUCTION TO BIDDERS September 2, 1983 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, NSPE-ACEC Document 1910-8, CSI 56465 (1978 editions) have the meanings assigned to them in the General Conditions. 2. COPIES OF BIDDING DOCUMENTS 1. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evi- dence of the type set forth in the Supplementary Conditions, such as financial data, previous experience and evidence oif authority to con- duct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualifiction to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION IF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a Bid, each Bidder must (a) examine the Con- tract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any man- ner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observation with the Contract Docu- ments. 4.2 Before submitting his Bid each Bidder will, at his own expense, make such investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.3 On request Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Requests are to be made to Mr. Ray Dean, Superintendent of Highways, (516) 765-3140. 4.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every require- ment of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. INTERPRETATIONS All quetions about the meaning of intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY 6.1 Bid Security shall be made payable to Owner, in an amount of two percent of the Bidder's maximum Bid price and in the form of a certi- fied or bank check or a Bid Bond issued by a Surety meeting the requirements of paragraph 5.1 of the General Conditions. 6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Biddder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) by Owner to Contrator and the required Contract Security is furnished or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. 7. CONTRACT TIME The number of days be completed (the will be included in within which, or the date by which, the Work is to Contract Time) is set forth in the Bid Form and the Agreement. 8. SUBCONTRACTORS, ETC. 9.1 The apparent Successful Bidder, and any other Bidder so request- ed, will within seven days after the day of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar pro- jects and other evidence of qualification for each such Subcontractor, person and organization if requestd by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Sub- contractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an incrase in Bid price. If the appa- rent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer. 9.2 No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objec- tion. 9. BID FORM 10.1 The Bid Form is attached hereto; additional copies may be ob- tained from Engineer. 10.2 Bid Forms must be prepared in ink or by typewriteron the bidders letterhead. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. 10.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accom- panied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 10.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 10.6 The Bid shall contain an acknowledgment of receipt of all Adden- da (the numbers of which shall be filled in on the Bid Form). 10.7 The address to which communications regarding the Bid are to be directed must be shown. 10. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompa- nied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 11. MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and deliver- ed to the place where Bids are to be submitted at any time prior to the opening of Bids. 12.2 If, within twenty-four hours after Bids are opened, any Biddder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, the Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work. 12. OPENING OF BIDS Bids will be opened publicly and they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. 13. BIDS TO REMAIN OPEN All Bids shall remain open for forty-five days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 14. AWARD OF CONTRACT 15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contrat terms with the Suc- cessful Bidder, and the right to disregrd all nonconforming, norespon- sive or conditional Bids. Disrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be re- solved in favor of the correct sum. 15.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed re- quirements, and alternates and unit prices requested in the Bid form. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination. 15.3 Owner may consider the qualifications and experience of Subcon- tractors and other persons and organizations (inclusing those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 15.4 Owner may conduct such investigations as he deems necessary to asist in the evaluation of any Bid and to establish the respons- ibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's statisfaction within the prescribed time. 15.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 15.6 If the contract is to be awrded it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 15. PERFORMANCE AND OTHER BONDS Paragraph 5.1 of the General Conditions and the Supplementary Condi- tions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required contract Security. 16. SUPPLEMENTARY CONDITIONS Supplementary conditions will be issued during the bidding period as an addendum. 17. AGREEMENT The form of Agreement will be issued during the bidding period as an addendum. 18. SPECIAL LEGAL REQUIREMENTS The following governmental forms, documents and regulations are a part of the contract and are attached: 1. Equal Employment Opportunity - Executive order 11246 2. Equal Opportunity Bid Conditions for Federal and Federally Assisted Construction. 3. Federal Wage Rates 4. Regulations regarding the filing of Payroll Sheets 5. Standard Form 257 -Monthly Employment Utilization Report 6. Contractor's Certification 7. Subcontractor's Certificatioin 8. Form WH -347 (Weekly Payroll) 9. Instruction for completing WH -347 10. Labor Standards Provisions 11. Sec. 109 and Sec. 110 of PL93-383 12. Statement of Compliance 13. Contractor's Responsibilities 14. Requirements for Contractors 15. Pre -Construction Checklist for Contractors 16. Attachment B of Setion 3 Plan 17. Contracting Opportunities for Minorities and Females BID FORM (BIDDER'S COMPANY LETTERHEAD) PROJECT INDENTIFICATION: Town of Southold - Collection Center for Landfill THIS BID IS SUBMITTED TO: Town of Southold Southold Town Hall Main Road Southold, New York 11791 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Docu- ments to complete all Work as specificed or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for forty-five (45) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award, 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or perfor- mance of the Work and has made such independent investigations as BIDDER deems necessary; (c) The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corpora- tion; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and (d) (Any other representation required by local law.) Page 1 of 5 "I R L� 4. BIDDER will complete the Work for the following price: (a) BASE/BID LUMP SUM CONTRACT PRICE: use words figures (b) Alternates to the Base Bid scope of Work will be made for the following prices: 1) Add concrete in place with a minimum compressive strength of 3,000 psi after 28 days per c.y. 2) Add intermediate gauge reinforcing steel in place conforming to ASTM Grade 60 per pound. 3) Delete slab on grade in the refuse area Lump Sum. 4) Delete slab on grade in the storage shed area Lump Sum. 5) Delete office & lavatory interior partitions Lump Sum. 6) Delete two (2) concrete aprons to shop area Lump Sum. 7) Delete bollards each. 8) Add epoxy paint to all exposed structural frame, roof and wall surfaces Lump Sum. 9) Delete two (2) PVC strip doors Lump Sum. 10) Delete all plumbing work Lump Sum. 11) Delete all electrical work Lump Sum. 5. BIDDER agrees that the Work will be substantially completed within 90 ca endar days after the date when the Contract Time commences to run, and completed within 120 calendar days after the date when the Contract Time com- mences to run. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of (b) A tabulation of Subcontractors and other persons and organizations required to be indentified in this Bid. (c) Required Bidders Qualification Statement with supporting data. (d) (Add other documents as pertinent) BID FORM Page 2 of 5 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. To the following address: 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON . 19 BID FORM Page 3 of 5 i If BIDDER is: An Individual By Individual's Name (SEAL) doing business as Business address: Phone No.: A Partnership By Firm Name (SEAL) genera partner Business address: Phone No.: A Corporation By Corporation Name state of incorporation By name of authorized person to sign Title (Corporate Seal) Attest ecretary Business address: Phone No.: Page 4 of 5 A Joint Venture By Name Address By Name Address (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). BID FORM Page 5 of 5 8020.1 Aa0end x 1 DEPARTMENT OF HOUSING AND URBAN YVELOPMENT Executive Order 11246, as amended EQUAL EMPLOYMENT OPPORTUNITY Executive Order 11247 X744" W4 COORDINATION BY ATTORNEY GENERAL EQUAL EMPLOYMENT OPPORTUNITY Executive Order 112461 DO F.R. 12319-251 Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: PART I—NoNDISCMUNATION IN GFOQ£.RNXENT EXPIAYMMXT Sic. 101. It is the policy of the Government of the United States to provide equal opportunity in. Federal employment for all qualified persons, to prohibit discrimination in employment because of race, color, religion, sea or national origin, and toprovide the full realiza- tion of equal employment opportunity through a positive, continuing program in each executive department and agency. The policy of eeqqual Opportunity applies to every aspect of Federal employment policy and practice. SEc. 102. The head of each executive department and agency shall establish and maintain a positive program of equal employment oppor- � ` tunity for all civilian employees and applicants for employment within his j,lrisdiction in accordance with the policy set forth 1n Sectoin 101. SEc. 103. The Civil Service Commission shall supervise and pmvlde leadership and guidance in the conduct of equal employment oppor- tunity programs for the civilian employees of and applications for em�lloymezlt within the executive departments and agencies and shall review agency program accomplishments periodicaIly. In order to facilitate the achievement of a model program for equal employment opportunity in the Federal service, the Commission may consult from time to time with such individuals, groups, or organizations as may be of assistance in improving the Federal program and realizing the ob'tives of this Part. ecrrc. 104. The Civil Service Commission shall provide for the prompt, fair, and impartial considerat;on of all complaints of dis- crimination in Federal employment on t:1 , basis of race, color, religion, sex or national origin. Procedures for the consideration of complaints shall include at least one impartiztii review within the executive aauar meat or agency and shall provide for appeal to the Civil Service Commission. SEc. 105. The Civil Service Commission shall issue such regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this Part, and�the head of each executive department and agency shall comply with the regulations, orders, and instructions issued by the Commission under this Part. r Amended by Executive Order 11375 of October 13. 1967, 92 Fed. Bet. 14303. to provide that the program of equal employment opportunity include prohibition asainat discrimina- tion on account of fez. Page 1 8020.1 Appendix; 1 PAT II-2N'OND1scPm INATiox nr EMPLOT'.aE- iT BT GovERNamwr CONTRACTORS AND SUBCONTRACTORS SUBPART A—DUTIES OF THE sECRETART Or LABOR Sec. 201. The Secretar7 of Labor shall be responsible for the admin- istration of Parts II and III of this Order and shall adopt such rules and regulations and issue such orders as he deems necessary and ap- propriate to achieve the purposes thereof. SUBPART B--CONTRACTORs' A(;REE3aNTs Sac. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following roisivhs PT "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sea, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruit- ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for am i6yinerit, notices to )a provided by the contracting officer setting forth the provisions of this nondiscrimation clause. "(2) The contractor will, in all solicitations or advertisements for em loyees placed by or on behalf of the contractor, state that all quali- R applicants will receive consideration for employment without rear to race, color, religion, sex, or national origin. `(3) The contractor will send to each labor union or representative of workers with which he has ,a collective bargaining agreement or other contract or understandir,-, s notice, to be provided by the agency contracting officer, advising th; labor union or workers' representative of the contractors' commitments under Section 20.2 of Executive Order No. 11246 of September 24, 1965, and .-,hall post copies of the notice in conspicuous places available to employees and applicants for employ- ment. "(4) The contractor will comply with allprovisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports re- quired by Executive Order No. 11246 of September 24 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and ordem Page 2 .� 8020.1 Appendiy. 1 11(6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with anZ of such rules, regu- lations, or orders, this contract may be cancelled, terminated or sus- . pended in whole or in part and the contractor may be declared ineli- gible for further Government contracts in accordance with procedures authorized in Executive Order 'No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order -No. 11246 of September 24, 1965, or by rule, regu- lation, or order of the Secretary of. Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section 204 of Executive Order -'No. 11246 of September 24, 1963, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however. That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." SEC. 203. (a) Each contractor having a contract containing the pro- visions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports ¢ shall be filed within such times arid shall contain such information as t0 the practices, Folk. s, pro -n-9 and emplovment policies, pro- grams, and employment statistics of the contractor &n- d each sub- contractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous con- tract subject to the provisions of this Order, or any preceding similar .Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contractor or subcontractor has a collective bar- garning agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising appenticeship or training for such workers, the Compliance Report shall include such information as to such labor unions or agency's practices and policies a$ecting compliance as the Secretary of L -_bur may prescribe: Pro t-ided, That to the extent such information is within the exclusive possession of a labor union or an agency referring work- ers_ or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certifv to the contracting agency as part of its Compliance Report and shall set forth what elforts he has made to obtain such information. Page 3 • 8020.1 AppendLx 1 (d) The contracting agency or the Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall sub- mit, as part of his GOInDliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providinz or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religgnnon, sea or national origin, and that the signer either will atnrma- tirely cooperate in the implementation of the polic} and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed con- tract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the (cmnliance Report shall so certify and set forth what efforts have been made to secure such a statement and such addi- tional factual material as the contracting agency or the Secretary of Labor may require. Sm. 204. The Secretary of Labor may, when he deems that special circumstances in the national interest so require, exempt a contracting n ency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. The Secretary of Labor may, by rule or regula. tion, also exempt certain classes of contracts, subcontracts, or pur- chase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial sup- plies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. The Secretary of Labor ma_v also provide, by rule, regulation, or order, for the exemption of facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract: Provided, That such an exemption will not interfere with or impede the effectuation of the purposes of this Order: And providedfurther, That in the absence of such an exemption all facili- ties shall be covered by the provisions of this Order. SUBPART O -POWERS AND DUTIES Or THE SECRETARY OF LABOR AND THE OONTRACTING AGE.YCM9 SEC. 205. Each contracting agency shall be primarily responsible for obtaining compliance with the rules, regulations, and orders of the Secretary of Labor v: ith respect to contracts entered into by such agency or its contractors. All contracting agencies shall comply with the rules of the Secretary of Labor in discharging their primary responsibility for securing compliance with the provisions of con- tracta and otherwise with the terms of this Order and of the rules, regulations, and orders of the Secretary of Labor issued pursuant to this Order. They are directed to cooperate with the Secretary of Labor and to furnish the Secretary of Labor such information and assistance as he may require in the performance of his functions under this Order. They are further directed to appoint or designate, from Page 4 • 8020.1 AD- , 1 among the agency's personnel, compliance officers. It shall be the duty of such otncers to seek compliance with the objectives of this Order by conference, conciliation. mecliation, or persuasion. SEC. 206. (a) The Secretar✓pf Labor may investigate the employ- ment practices of an.y Government contractor or subcontractor, or Ini- tiate such investigation by the appropriate contracting agency, to de- termine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secre- tary of Labor and the investigating agency shall report to the Secre- tary of Labor any action taken or recommended. (b) The Secretary of Labor may receive and investigate or cause to be investigated complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimina- tion contrary to the contractual provisions specified in Section 202 of this Order. If this investigation is conducted for the Secretary of Labor by a contracting agency, that agency shall report to the Secretary what action has%e n taken or is recommended with regard to such complaints. SEC. 207. The Secretary of Labor shall use his best efforts, directly and through contracting agencies, other interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor anion eno g°.,d in work under Government contracts or any agency referring workers or. providing or supervising appren- ticeship or training for or in the course of such work to cooperate in the implementation of the Purposes of this Order. The Secretary of • Labor shall, in appropriate cases, notify the Equal Employment v Yrvrt"n`ty Ccrnrn,- OP.. the De-,% t--nt of Just1C? Or other appro- priate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Fed - SEC.law. SEC. 208. (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or Private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection (a) of this Section- prior to imposing, ordering, or recommending the imposition ofpenalties and sanctiol,s under t1iis Order. -No order for debarment of any contractor from farther Government contracts under Section 209(a) (6) shall be ;Wade without affording the contractor an opportunity for a hearing. 8UBPART D—SAVCTIONS AND PENALTIES SEC. 209. (a) In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary or the appropriate contracting agency may : (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to compiv with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. Page 5 8020.1 Appendix 1 (2) Recommend to the Departmer-t of Justice that in cases in which there is substantial or material viblation or the threat of sub- stantial or material violation of the contractualpprovisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, in^luaing the enjoining, within the limita- tions of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commis- sion or the Department of Justice that appropriate proceedings be instituted under Title VII of the Ci�-il Rights Act of 1964. (4) Recommend to the Department of Justice that criminal pro- ceedings be brought for the furnishing of false information to any con- tracting, agency or to the Secretary of Labor as the case may be. (5) Cancel, terminate, suspend, or cause to be canceled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with the non- discrimination provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the contracting ancy. (6) Pha rovide tt any contracting agency shall refrain from enter - into further contracts, or extensions or other modifications of eaistin2 contracts, with any noncomplyinz contractor, until such con- tractoryhas satisfied the Secretary of Labor that such contractor has established ed and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Under rules and regulations prescribed by the Secretary of Labor, each contracting agency shall make reasonabie efforts within a reasonable time iirnitxiivii w sr::uae w-,nplianc witu th- t,Qntra^_t provisions of this Order by methods of conference, conciliation, medi- ation, and ersuasion 1SAiore proceedings shall be instituted under Subsection ra) (2) of this Section, or before a contract shall be can- celed or terminated in whole or in part under Subsection (a) (5) of this Section for failure of a contractor or subcontractor to comply with the contract provisions of this Order. SEo. 210. Any contracting agency taking any action authorized by this Subpart, whether on its own motion, or as directed by the Secre- tary of Labor, or under the rules and regulations of the Secretary, shall pro;aptly notify the Secretary of such action. Whenever the Secretary of Labor makes a determination under this section, he shall promptly notify the appropriate contracting agency of the action recommended. The agency shall take such action and shall report the results thereof to the Secretary of Labor within such time as the Secretary shall specify. SEc. 211. If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of I sbor or, if the Secretary so authorizes, to the contracting agency. SEo. 212. Whenever a contracting agency cancels or terminates a contract, or whenever a contractor has been debarred from further Page 6 8020.1 Anpendzx 1 Government contracts, under Section 209(a) (6) because of noncom- pliance with the contract provisions with regard to nondiscrimination the Secretary of Labor, or the contracth'iK agency involved, shal� promptly notify the Comptroller General of the United States. Any such debarment may be rescinded by the secretary of Labor or by the contracting agency which imposed the sanction. SUBPA tT E --- CERTIFICATE8 OF MERIT Sec. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafterbe en a ed in work under Government contracts, if the Secretary is satisfied that the personnel and employment Practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and �p- resentation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. SEC. 214. Any Certificate of Merit may at any time be suspended or revoked by the Secretary of La:,ur if the holder thereof, in tha judgment of the Secretary, has failed to comply with the provisions of this Order. Src. 215. The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such em- ployer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. sg PART III—NOYDISC1:I311:iATION PaovlsIo-Na uf FEDERALLY AS81sTED CiONMUCTIOY CO'-n?ACTs SEC. 301. Each executive department and agency which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or -guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to ircorpo- rate1 or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Govern- ment or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken Pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 203 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as :nay be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and pro- tect the interest of the United States in the enforcement of those obli- gations. Each such appiicart shall also undertake and agree (1) to assist and cooperate actively with the administering department or agency and the Secretary of Labor in obtaining the compliance of con- tractors and subcontractors with those contract provisions and with the rules, regulations, and relevant orders of the Secretary, (2) to obtain and to furnish to the administering department or agency and Page 7 8020.1 Appendix 1 to the Secretary of Labor such information as they may require for the supervision of such compliance, (3y to carry out sanctions and penalties for violation of such obligations imposed upon contradtors and subcontractors by the Secretary of Labor or the administering department or agency pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts unde Part II, Sub- part D, of this Order. SEc. 302. (a) "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conver- sion, extension, or repair of buildings, highways, or other improve- ments to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the ad- ministering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he becomes a recipient of such Federal assistance. SEc. 303. (a) Each administering department and agency shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering depart- ment and a¢enev is directed to cooperate with the Secretary of Labor, and to furnish the Secretary such information and assistance as he may require in the performance of his functions under this Order. (b) In the event an applicant fails and refuses to comply with his undertakings, the administering department or agency may take any or all of the following actions: (1) cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with such applicant with respect to which the failure and refusal occurred; (2) refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and (3) refer the case to the Depart- ment of Justice for appropriate legal proceedings. (c) Any action with respect to an applicant pursuant to Subsection (b) shall be taken in conformity with Section 602 of the Civil Rights Act of 1964 �a nd �:te regulations of the administering department, or agency issued thereunder), to the extent. applicable. In no case shall action be taken with respect to an applicant pursuant to Clause (1) or (2) of Subsection (b) without notice and opportunity for hearing before the administering department or agency. SEc. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in em- ployment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor b agreement such responsibili- ties with respect to compliance standards, reports, and procedures as KUZJ-Wash.. D. G 8020.1 Appendix would tend to bring the administration of such requirements into con- formity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. PART IV—MISCELLANEOUS Sec. 401. The Secretary of Labor may delegate to any•oflicer, agency, or employee in the Executive branch•of the Government, anyy function or duty of the Secretary under Parts II and III of this Order, except authority to promulgate rules and regulations of a general nature. Sic. 4-02. The Secretary of Labor shall provide administrative sup- port for the execution of the program known as the "Plans for Progress." SEc.403. (a) Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment Opportunity established by Ex- ecutive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Civil Service Commission and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Execu- tive Order superseded by this Order. 311 rules, regulations, orders, instructions, designations, and other directives issued by the Presi- �r • dent's Committee on Equal Employment Opportunity and those issued by the heads of various departir,ei,ts or a" neicz under or purruart ±o any of the Executive orders superseded Vv this Order, snail, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the super- seded orders shall be deemed to be references to the comparable provi- sions of this Order. SEa 404. The General Services Administration shall take appropri- ate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEc. 405. This Order shall become effective thirty days after the date of this Order. LYNDON B. JOHNSO'7. THE ` urrE loft sE. September x ,1,1965. Page 9 D. C. 8020.1 Appendix 1 COORDINATION BY ATTORNEY GEI'.E:;AL Executive Order 11247 .130 F.R. 123271 PROVIDItiG FOR THE 00011DI;7A7IO2-1 BY TIm ATTORN-my GENERAL OF ENFORCEMENT OF TITLE VI OF nM CIVIL RIGHTS ACT of 1964 Whereas the DeDa ;nients and agencies of the Federal Government have adopted unifor:)1 and consistent regulations implementing Title VI of the Civil R.,, hts Act of 1964 and, in coop -oration with the President's Council on Eval Opportunit, have embarked on a coordinated pprogram of enforcement of the' provisions of that Title; Whereas the issues hereafter arising in connection with coordi- nation of the activities of the departments and a?encies under that Title will be predominantly legal in character and in many cases will be related to judicial enforeen;ent: and Whereas the Attornev General is the chief law officer of the Federal Government and is charged :t: i{'i the duty of enforcing the laws of the United States: Now, therefore, by virtue of the authority vested in me as President of the United States by the Constitution and laws of the United States, it is ordered as follows: SE=oN 1. The Attorney General shall assist Federal departments and agencies to coordinate their prom --rams and activities and adopt consistent and uniform policies, practices, and procedures with respect to the enforcement of Title VI of the Civil Rights Act of 1964. He may promulgate such rules and regulations as lie shall deem neces- sary to carry out his functions under this Order. , Fc. 2. Each Federal department and ag7 cy sl:r,,II cooperate with the Attorney General in the performance of his functions under this Order and shall furnish him such reports and information as he may re uest. 6Ec. 3. Effective 30 days from the date of this Order, Executive Order No. 11197 of February 5, 1965, is revoked. Such records of the President's Council on Equal Opportunity as may pertain to the enforcement of Title VI of the Civil Rights Act of 1964 shall be trans- ferred to the Attorney General. SEc. 4. All rules, re •ulations, orders, instructions, designations and other directives issued by the President's Council on Equal Oppor- tunity relating to the implementation of Title VI of the Civil Rights Act of 1964 shall remain in full force and effect unless and until revoked or superseded by directives of the Attorney General. LYNDOY B. JoHNsox. THE WHITE HorsE, September 24, 1965. Q. S. GOVER\MEVT PRC.TCIG OFFICE : 1570 O - 795-913 (el) 662.655 '-a Page 10 • • 15. PAIROLIZ A= l' -!.2 -IC P-`.=OLI, LCCRS 01 CCS ---2.,.0 0,R UM ST-10.:?CTC23 The Contrc'ctoc and each mabcant=ctor slImzll hio pay -=ells on foxrm satisfactory to and in a.oco;.Yzc.co with in.tractions to lac, t?•:0 Izac-- Da Ife ::, i ('" Contr�Ctor ft1711.1 ;l by - - - -- - �::Cy or Yu ,1 c Body. lv _ Miall mubmit treekl-., to the Local Public I&cncy or i'iiolic B:)d{ two eeri•ified copieu of ;.11 payrcl13 of the Contractor and of the miecon- tractors, it bein7 11: clo=otood that Lha Co.-.t.ractor -.1-all b0 ra ,;:oi.�lLle for it:8 sub— ssicn of co-oieo of J I lC of all su]D ^. tactors. L ch uuoii -payrxoll e??:11 contaLn the 11- ee::ly State:^cnt of Co=liancc" Set forth L -i Ss•cticn 3.3 of 'i'itlo 29, Code of ?:;deral Rc j :lotions. Tho pa,; �ro11u and basic payroll recoris of this Co::•ractor `rd each su'-con- tracto= co Jeri i,; a+l laborar., a:d mz!c'`>^ Iico 0=1Cyeo. Upon —he co: Cred by this Co -,tract- sha-1 1 be iG' COl1= e CI the �•' ^_r' p £3;..,e.; ori r --- t:o ._ �_._ ; re �. .or a p� o:� o� 3 yc r -n t b,-Zic mz. :sll :nCcord3 ti -.3 :r=a f_:d �:C;—`—Gs i'f ea,:,h Su''h tr ployea, his co oc c1._csii c�i•ioz. :a':e Of 1'.ay r�nclt'� ~ateo of CQn. -r'u.:Bono or cost -3 a_ -1•t -i CJ:Ltad of t 4,. .:: 'J',^Jo,^_ do ?^_riL•ad ^ Jecli ion 1(b)(2) ofthe L`avic-Bacon Act), daily i-nd. weu : y of : cues .:or -:ed, doduCtio ns r de, and actl7_-1 vac 's p^1 In r-UY-• ion. Seci�3ts37)r of Labor ?:_-.s fol.:.^d under Sec,�ton 5-5(a)(1)(iv) of `:'itle 29, Code of Federal i:eo--Dations, ho verges of any '-,e •a=. iicluele the amot:.lt of cry costs reascnably =nticip?tcd _.'7 rxrid{ :I i " benefi-ca Under a por •oro�,_r,. d.,scrDei��d in 1•(b)(2; (B) 0z the Davio-bacon Act, the Contractor -or su';cont=actor shall mai-stain records vrhich chow that the cossi.tWcn to provide such benefits is enforceable, th,:t the plcn or arov_r a is f-ina lcially rooponsible, a :d t?' --t tha pla._ or pro - ---z hiss been co=��.icated in vrit.-n to the laborers or meciic-nits afrectcd, and reco=d3 which chow the costs anticipated or the actu-1 Coot Lnc: trod i.'1 pxrovidizL3 such banefito. The Contract -or and 0aC 1 cubconiructor• sl:=' l =a: -,e hio record3 with :aspect to pa=oons emplo,-od by hi= u_ on the vmi-I: co orc-d b,,r thio Contract availablo for inanection by authori::ed ^eanoeent ativoo of the COCr3ta-y of i:oush^ rZa Urban Bave].0;:^ .^.t, the Local Public AG,:;ncy or pI✓lic Boe , and the United Stateu Dana: tncnt of Labor. "h'.0,- chili be per=ittod to interview cm-ployaes of the Contractor oz of any subcontractor dur-=,; :or::irk hcuro on the job. DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs NEW FORMAT FOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CO N STRUCT 10 N NOTICE OnApril 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a notice and opportunity for comment concerning the intention of the Department oF'Labor toacbpt New Model Federal EEO Bid Conditions for inclusion in Federal and federally assisted construction contracts and subcontracts in selected areas. The following Model Federal EEO Bid Conditions are issued to carry out the purposes of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect changes which were made as a result of comments received on the proposed Model Federal EEO Bid Conditions. The comments received were equally distributed between those favorable and unfavorable. In general those favorable felt that deletion of the Bidders' Certification will eliminate undue and costly delays resulting from contractors and subcon- tractors being declared nonresponsive because of their failure to fill in a form correctly. Those opposed to elimination of the Bidders' Certification felt that a pre-oward certifi- cation is essential in establishing the contractors' and subcontractors' commitment to offir- motive action. The Department has carefully considered all the comments and has determined that the format developed in the new Model Federal EEO Bid Conditions adequately apprises pro- specitve contractors and subcontractors, prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible with procurement principles. Under Comptroller General opinions and the decisions in Northeast Construction Company v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Company v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the failure of a bidder to specify its goals for minority employment as required by imposed plans or the failure of a bidder to complete and submit a Bidder' Certification form as required by the Bid Conditions in hometown plan areas requires the contracting agency to declare the bid non-responsive. This has caused the loss of hundreds of thousands of dollars because defective low bids were discarded in favor of the new low bid. I The original reason For requiring the submission of a properly executed Bidders' Certifi- cation was that it was thought to be helpful in informing contractors of their obligations and eliminated inattentive bidders. However, it is now on opinion that contractors are rea- sonably aware of their EEO obligations so as to obviate the need for certification. Therefore, the amendment of the Bid Conditions would climinate the signature and Fill -in-the -blank requirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidden that they will be committed to the goals contained therein by submitting a properly signed bid. This amendment does not diminish the goverment's enforcement ability or applicable EEO requirements yet permits contracting agencies to award contracts to the lowest responsive and responsible bidder. ` It is for this reason that the new Model Federal EEO Bid Conditions make the af- firmative action requirements binding on all bidders who submit signed bids. Accordingly, effective September 1, 1976, all contracting and administering agencies are directed to adopt the new Model. Federal EEO Bid Conditions for inclusion in all future invitations for bids on all non-exempt Federal and federally assisted construction contracts and subcontracts awarded in areas covered by hometown plans (Part n and Part It EEO requirements. Further, ail other Forms of Federal EEO Bid Conditions containing hometown plans and Part If EEO Bid Condition requirements now in use for such areas are not to be in- cluded in Invitations For Bid after adoption of the new Model Federal EEO Bid Con- ditions. This new format has been coordinated through the Office of Federal Procurement Policy of the Office of Management and Budget in accordance with P.L. 93-400, the Office of Federal Procurement Policy Act. Set forth below are the new Model Federal EEO Bid Conditions: BID CONDITIONS AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY For all Non -Exempt Federal and Federally - Assisted Construction Contracts to be Awarded in (NASSAU AND SUFFOLK COUNTIES, NEW YORK) NOTICE EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON- TRACTOR) MUST FULLY COMPLY WITH EITHER PART 1 OR PART 11, AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN EITHER PART I OR PART 11, AS APPLICABLE, AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO- PERLY SIGNED BID. THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Part I: The provisions of this Part I apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK Plan) for equal opportunity and have jointly made a commitment to specific goals of minority and, where applicable, female utilization. The NASSAU - SUFFOLK Plan is c tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES). The NASSAU -SUFFOLK Plan, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, are incorporated herein by reference. Any contractor using one or more trades of construction employees must comply with either Part I or Part 11 of these Bid Conditions as to each such trade. A contractor may therefore be in compliance with Part I of these Bid Conditions by its participation with the labor organization which represent its employees in the NASSAU -SUFFOLK Plan as to one trade provided there is set Forth in the NASSAU -SUFFOLK Plan a specific com- mitment by both the contractor and the labor organization to a goal of minority utili- zation for that trade. Contractors using trades which are not covered by Part I (See Part II, Section A) must comply with the commitments contained in Part 11 including goals for minorities and female utilization set forth in Part 11. If a contractor does not comply with the requirements of these Bid Conditions, it shall be subject to the provisions of Part 11. Part II : A. Coverage. The provisions of this Part II shall be applicable to those contractors who: 1 . Are not or hereafter cease to be signatories to the NASSAU -SUFFOLK Plan incorporated by reference in Part I hereof; 2. Are signatories to the NASSAU -SUFFOLK Plan but are parties to collective bargaining agreements; 3. Are signatories to the NASSAU -SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which are not or hereafter cease to be signatories to the NASSAU -SUFFOLK Plan 4. Are signatories to the NASSAU -SUFFOLK Plan and are parties to collective bargaining agreements with labor organizations but the two have not jointly executed a specific commitment to goals For minority utilization and incorporated the commit- ment in the NASSAU -SUFFOLK Plan;. or 5. Are participating in a affirmative action plan which is no longer acceptable to the Director, OFCCP, including the NASSAU -SUFFOLK Plan. 6. Are signatories to the NASSAU -SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which together have failed to make a good faith effort to comply with their obligations under the NASSAU -SUFFOLK Plan and, as a result, have been placed under Port II of the Bid Conditions by the Office of Federal Contract Compliance Programs. 8. Requirement -- An Affirmative Action Plan. Contractors described in para- graphs 1 through 6 above shall be subject to the provisions and requirement of Part 11 of these Bid Conditions including the goals and timetables for minorityI� utiliza- tion, and specific affirmative action steps set forth in Sections B.1 and 2 of this Part 11. The contractor's commitment to the goals for minority utilization as required by this Part Il constitutes a commitment that it will make every good foith effort to meet such goals. 1. Goals and Timetables. The goals of minority utilization required of the con- tractor are app ica a to each trade used by the contractor in the NASSAU -SUFFOLK Plan area and which is not otherwise bound by the provisions of Part 1. For all such trades the following goals and timetables shall be applicable. Goals for Minority Utilization Until (1/1/14) (6.0°'o - From ( ) to ) From ( ) to ( ) ( } From ( ) to ( ) ( ) From ( ) to The goals of minority and female utilization above are expressed in terms of hours of training and employment as a proportion of the total number of hours to be worked by the contractor's aggregate work force, which includes all supervisory personnel, in each trade on oil projects (both Federal and non -Federal) in the NASSAU -SUFFOLK Plan area during the performance of its contract (i.e., the period beginning with the first day of work on the Federal or federcily assisted construction contract and ending with the lost day of work) . The hours of minority employment and training must be substantially uniform throughout the length of the contract in each trade and minorities must be employed evenly on each of the contractor's projects. Therefore, the transfer of minority employees or trainees 1/ "Minority" is defined as including Blacks, Spanish Surnamed Americans, Orientals and American Indians, and includes both minority men and minority women. 2_/ In the event that any work which is subject to these Bid Conditions is per- formed in a year later than the latest year for which goals of minority utilization have been established, the goals for the last yecr of the Bid Conditions will be applicable to such work. from contractor to contractor or from project -to -project for the purpose of meeting the contractor's goals shall be a violation of Part If of these Bid Conditions. If the contractor counts the nonworking hours of trainees and apprentices in meeting the contractor's goals, such trainees and apprentices must be employed by the contractor during the training period; the contractor must have make a commitment to employ the trainees and apprentices at the completion of their training subject to the availability of employment opportunities; and the trainees must be trained pursuant to training pro- grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or approved as supplementing the NASSAU -SUFFOLK Plan. 2. Specific Affirmative Action _Steps. No contractor shall be found to be in noncompliance with Executive Order 11246, as amended, solely on account of its failure to meet its goals, but shall be given an opportunity to demonstrate that the contractor has instituted all the specific affirmative action steps specified in this Part 11 and has made every good faith effort to make these steps work to.vard the attainment of its goals within the timetables, all to the purpose of expanding minority utilization in its ag- gregate work force in the NASSAU -SUFFOLK Plan area. A contractor subject to Part I which fails to comply with its obligations under the Equal Opportunity clause of its contract ( including failure to meet its fair share obligation if provided in the NASSAU - SUFFOLK Plan) or subject to Part II which fails to achieve its commitments to the goals for minority utilization has the burden of proving that it has engaged in a affirmative action program directed at increasing minority utilization and that such efforts were ct least as extensive and as specific as the following: a. The contractor should have notified minority organizations when employ- ment opportunities were available and should have maintained records of the orgcnizations' response. b. The contractor should have maintained a file of the names and addresses of ecch minority referred to it by any individual or organization and what action was taken with respect to each such referred individual, and if the individual was not employed by the contractor the reasons therefor. If such individual was sent to the union hiring hall for referral and not referred back by the union or if referred, not employed by the contractor, the file should have documented this and the reasons therefor. C. The contractor should have promptly notified the contracting or cdmin- istering agency and the Office of Federal Contract Compliance Programs when the union or unions with which the contractor has collective bargaining agreements did not refer to the contractor a minority sent by the contractor or when the contractor hod other infor- mation that the union referral process has impeded efforts to meet its goals. d. The contractor should have disseminated its EEO policy within its organization by including it in any employee handbook or policy manual; by publicizing it in com- pany newspapers and annual reports, and by advertising such policy of reasonable intervals in union publications. The EEO policy should be further disseminated by conducting staff meetings to explain and discuss the policy; by posting of the policy; and by review of the policy with minority employees. e. The contractor should have disseminated its EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifi- cally including minority news media and by notifying and discussing it with all subcon- tractors. f. The contractor should have made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority organ- izations, rganizations, schools with substantial minority enrollment, and minority recruitment and training organizations within the contractor's recruitment area. g. The contractor should have evidence available for inspection that all tests and other selection techniques used to select from among candiates for hire, transfer, promo- tion, training or retention are being used in a manner that does not violate the OFCCP Testing Guidelines in 41 CFR Part 60-3. h. The contractor where reasonable opportunities and participated and assisted approved training programs relevant to the its obligations under this Part 11. should have developed on-the-job training in all Department of labor funded and/or contractor's employee needs consistent with i. The contractor should have made sure that seniority practices and job class- ifications do not have a discriminatory effect. j. The contractor should have made tertian that all facilities were not segregated by race . k. The contractor should have continually monitored all personnel activities to ensure that its EEO policy was being carried out including the evaluation of minority employees for promotional opportunities on quarterly basis and the encouragement of such employees to seek those opportunities. 1. The contractor should have solicited bids for subcontractors from available minority subcontracts engaged in the trades covered by these Bid Conditions, including circulation of minority contractor associations. NOTE: The Assistant Regional Administrator of the Office of Federal Contract Compliance Programs cnd the complicnce agency staff will provide technical assistance on questions pertaining to minority recruitment sources, minority community organizations and minority news media upon receipt of a request for assistance from a contractor. 3. Subsequent Signatory to the NASSAU -SUFFOLK Plan. Contractors that are subject to the requirements of Part II at the time of the su mission of their bids which, together with labor organizations with which they have collective bargaining agreements, subsequently become signatory to the NASSAU -SUFFOLK Plan, either individually or through an association, will be deemed bound to their commitments to the NASSAU - SUFFOLK Plan from that time until and unless they once again become subject to the requirements of Part 11 pursuant to Section A. 1-6. 4, Non-discrimination. In no event may a contractor utilize the goals and affirmative action steps required by this Part 11 in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national origin. Part III : Compliance and Enforcement. In all cases, the compliance of a contractor will be determined in accordance with its obligations under the terms of these Bid Conditions. Therefore, contractors who are governed by the provisions of either Part I or Part 11 shall be subject to the requirements of that Part regardless of the obligations of its prime contractor or lower tier subcontractors. All contractors performing or to perform work on projects subject to these Bid Con- ditions hereby agree to inform their subcontractors in writing of their respective obliga- tions under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority employment and training. A. Contractors Subject to Part I. 1. A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part I, provided the contractor together with the labor organization or organizations with which it has a collective bargaining agreement meet the goals for minority utiliza- tion to which they committed themselves solely responsible for any final determination of that question and the consequences thereof. 3. Where OFCCP finds that a contractor has failed to comply with the requirements of the NASSAU -SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it shall take such action and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds with such formal action it has the burden of proving that the contractor has not met requirements of these Bid Conditions. The failure of the contractor to comply with its obligations under the Equal Opportunity clause shall shift to it the requirement to come for -yard with evidence to show that it has met the good faith requirements of these Bid Conditions by instituting at least the specific affirmative action steps listed in Part II, Section 2. The contractor must also provide evidence of its steps toward the attainment of its trade's goals within the timetables set forth in the NASSAU -SUFFOLK Plan. The pendency of such formal proceedings shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the requirements of Executive Order 11246, as amended, as is therefore a "responsible prospective contractor" within the meaning of basic principles of Fede al procurement law. B. Contractors Subject to Part II . In regard to Part 11 of these Bid Conditions, if the contractor meets the goals_ in the NASSAU -SUFFOLK Plan, or can demonstrate that every good faith effort has been make to meet the goal. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the Office of Federal Contract Compliance Programs determines that the contractor has violated a substantial requirement in the NASSAU -SUFFOLK Plan or Executive Order 11246, as amended, and its implementing regulations, including the failure of such contractor to make a good faith effort to meet its fair share obligation if provided in the NASSAU - SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be deemed to be noncompliance with the Equal Opportunity clause of the contract, and shall be grounds for opposition of the scantions and penalties for in Executive Order 11246, as amended. 2. The OFCCP shall review Part I contractors' employment practices during the performance of the contract. Further, OFCCP. shall be solely responsible for any final determination that the NASSAU -SUFFOLK Plan is no longer an acceptable of - K firmative action program and the consequences thereof. The OFCCP may, upon re- view and notice to the contractor and any affected labor organization, determine that the NASSAU -SUFFOLK Plan no longer represents effective affirmative action. In that event it shall be set forth therein or can demonstrate that it has made every good faith effort to meet these goals, the contractor shall be presumed to be in com- pliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part 11 of these Bid Conditions. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the contracting or administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. Where the agency finds that the contractor failed to comply Nvith the require- ments of Executive Order 11246, as amendedithe implementing regulations and the obligations under Part 11 of these Bid Conditions, the agency shall take such action and impose such sanctions, which include suspension, termination, cancellation, and debarment, as may be appropriate under the Executive Order and its regulations. When the agency proceeds with such formal action it has the burden of proving that the contractor has not met the goals contained in Part 11 -of these Bid Conditions. The contractor's failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good Faith requirements of these Bid Conditions by instituting at least the specific affirmative action steps listed in Part Il, Section 2. The pendency of such proceeding shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "Respon- sible prospective contractor" within the meaning of the basic principles of Federal procurement law. r 0 C. Obligations Aoolicoble to ContractorsSubject to Either Part I or Part 11. It shall be no excuse that the union with wnic t e act contror has a co ectivebar- gaining agreement providing for exclusive referral failed to refer minority employees. Discrimination in referral for employment, even if pursuant to provisions of a collective bargaining agreement, is prohibited by the National Labor Relations Act, as amended, and Title V11 of the Civil Rights Act of 1964, as amended . It is the policy of the Office of Federal Contract Compliance Programs that contractors have a responsibility to provide equal employment opportunity if they wish to participate in federally in- volved contracts. To the extent they have delegated the responsibility for some of their employment practices to a labor organization and, as a result, are prevented from meeting their obligations pursuant to Executive Order 11246, as amended, such contractors cannot be considered to be in compliance with Executive Order 11246, as amended, its implementing rules and regulations. Part IV: General Requirements. Contractors are responsible for informing their subcontractors in writing, regardless of tier, as to their respective obligations under Parts I and II hereof, as applicable. Whenever a contractor subcontracts a portion of work in any trade covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the full extent as if it were the prime contractor. The contractor shall not, however, be held accountable for the failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, the prime contractor shall give notice to the Assistant Regional Administrator of the Office of Federal Contract Compliance Programs of the Department of Labor and to the contracting or administering agency of any refusal or failure of any subcontractor to fulfill its obligations under these Bid Conditions. A subcontractor's failure to comply will be treated in the some manner as such failure by a prime contractor. 2. Contractors hereby agree to refrain from entering into any contract or con- tract modification subject to Executive Order 11246, as amended, with a contractor debarred from, or who is determined not to be a "responsible" bidder for Government contracts and federally -assisted construction contracts pursuant to. the Executive Order. 3. The contractor shall carry out such sanctions and penalties for violation of these Bid Conditions and the Equal Opportunity clause including suspension, termination and cancellation of existing subcontracts and department from future contracts as may be imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing regulations by the contracting or administering agency and the Office of Federal Contract Compliance Programs. Any contractor who Fails to carry out such sanctions and penalites shall also be deemed to be in noncomplicare with these Bid Conditions and Executive Order 11246, as amended. 4. Nothing herein is intended to relieve any contractor during the term of its contract From compliance with Executive Order 11246, as amended, and the Equal Opportunity clause of its contract with respect to matters not covered in the NASSAU - SUFFOLK Plan or in Part 11 of these Bid Conditions. 4i' M The procedures set forth in these Bid Conditions shall not apply to any contract which the head of the contracting or administering agency determines is essential to the national security and its award without Following such procedures I s necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contract Compliance Programs within thirty days. 6. Requests for exemptions From these Bid Conditions must be made , in writing, with justification, to the Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington, D.C. 20210, and shall be forwarded through and with the endorsement of the head of the contracting or administering agency. 7. Contractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or admin- istering agency or the Office of Federal Contract Compliance Programs. ■ El 0 SUPERSEDEAS DECISION STATES NEW YORK COUNTIES, NASSAU 6 SUFFOLK DECISION NO. MY63-3027 DATE DATE OF PUBLICATION SUPERSEDES DECISON N0. Myst-3019 dated July 17, 1981 in 46 FR 3719) DESCRIPTION OF WORKS Building, Residentl.tt (includes single family homes and apartments up to and includlnp 4 stories), Heavy 6, Highway Construction Projects ASBESTOS WORKERS 16.14 BOILERMAKERS 19.09 BRICKLAYERS 17.22 CARPENTERS Nassau Countv ('except that part South of the Southern State Parkway ' West of Seaford Creek, also, Smithtown Islip line on the East, Long' island Sound on.the Nort and Middle Island RR track on the South - Carpenters, Millwrights a Piladriversr Soft Floor' -Layers. Acoatical, DryL wall Residential funder twb' etories) 12.65 Building 17.31 Heavy t Highway 17.6! Remainder of Nassau Count Building, Residential, Heavy 6 Highway 17.35 Suffolk County Residential (2 stories t under) 16.1! Building 16.1! Heavy t Highway 16.20 CEMENT MASONS 11.1! DIVERS 15.65 ELFC'I'R7CIANS Building 18.5! Wlring of single or mull iple (A-lly dwellings s apartnr,nts up to and In- cluding 2 stories 12.2( lnatallation of lolovis- fon receivers, radio to- colv,n'., record players, and asnocintod spparatus and n1AeotiA Avid home appllnnrr•n And rin.ed circuit TV nod nnAtlpin outlet dlatrlbutlolt Sys- tems, sound still loter- 7.03+cnrmunicntlou Systeme 321..Oy 61,1 Co Worcl.'l 6.17 01 •:t-c�,:.i..rnrla! dcvlce4 r' T is :t c. :a, elect- rical cc,:tract { ELEVATOP ,CONSTRUCTORS ELEVATOR CONSTRUCTORS' HELPERS ELEVATOR CONSTRUCTORS' i HELPER (PROBATIONARY) OERNIZATION t REPAIR ELEVATORCONSTRUCTORS DBpNItAT ION 6 REPAIR ELEVATORS CONSTRUCTORS' 2.3S HELPERS 6.01 6.01 MODERNI6ATION i REPAIR ELEVATOR OONSTRUCTORS' N F.'PERS (PROBATIONARY) 4.63 GLAZIERS IRONWORKERS Structural ' 2 1 S Ornamental Finisher 5,44 LABORERS (BUILDING) 5.44 3.71 LABORERS (HEAVY t HIGH - 4.735 WAY), Concrete t Curb form set - 3714.70 ters, asphalt rakers Asphalt workers t roller buys, nrphAlt top shovel 341+.70era t sSneothere asphalt tnmpare• Jnekhn~r4,t 110-1)1 vote, hoprnrmen, carpenlern' t.endorn, pipe jointere t nettern, connrnlc lnbnre Introoturon), .1...., spreadinq laborer., tracl man, gradinq t exr•A vatin� Inbor..rn, Yard labr.reto, 9,57 14.99 11.21; 7. S61 P. 1T.4j x.12( S.61S 16.75'. 15. SO' IS:50' 12.74 s 2. 33•`- +c 2.33•t +c 2.33+ +F 2.33+6 4e �I S.70 11.59 11.59 4.S7 i 11.39 231- .75+, ; 11.11 314.71_ d { j ) I bEC17foH 110. NYII-1027 puddler* on concrete pave went, asphalt plant (bat - cher J hopper seen{, all other unskilled laborers MARBLE SETTERS Cutters t Setters Carvers Polishers Creno operator*( derrkck- men Marble Finishers MILLWRIGHTS PAINTERS Suffolk Countys Basic Scaffold work, rolling scaffold 18 ft, and over, spraying Structural steel efland- blasting' Nassau County (Inwood, Lawrence, Cedarhurst, Woodmere, Newlett, Htvlett Say, Hewlett Neck, Hewlett Park, Soft Rockaway, part of Oceanside, Part 0f Lyn brook, part of Rockville Center, Atlantic Beach, Long Beach, Lido Beach, Point Lookout, Olbson and part of Valley Streast)t Painters Spray Fire Escaper' Nassau County (Remainder of County)1 Painters Spray, Open Steel, Swin! jog Scaffold, Rolling Scaffold 16 ft. or over Sandblasting PAPERHANGERS PLASTF.NERS PLUMIIERBI ' Nsnsnu County BuilAinq. Ile Avy 6 Nigh - way Construction Rosideollsl Jothin•1 lroralr eat pre- sent plumbing systems that. does not chnngn th, exlntln9 roughlily or an; minor .flet Alions jolt 10.67 16.21 16.16 IS.89 15.21 14.21 16.46 11.95 .75.23 +d 4.19+e 4.19+e 2.90+0 4.34+0 2.90+0 6.46 4.43 4.43 4.43 14.04.01+30 17.OS.01+30 16.05.01+30 13.45 4.07 1S. 17 4.07 17.2 4.07 13. 1• 311 15.40 4.22 16.1 4.97 IO.S 1.40 Page 2 where the change to the extating roughing does not have a labor cost In excess of S1,S00,000 Suffolk County POWER EQUIPnIFNT OPERATORS (BUILDING CONSTRUCTIONS Class 1 Class 2 Class 4 Class S Clan 6 Clan 7 Claes 6 Class 9 Class 30 - Class 11 Class 12 Class 13 I 1 Class 14-A 1 Class 14-B Class 14-C Class 14-D Class IS Class 16 Class 17 class 18 Class 19 Claes 20 r N..er ( sup 9.00 2.72 17.OS 6.04 17.060 2.:C' 61+! 17.3ss 2.4C• �17.25512.::- 15.905 !1-! 16.905 2.41- 17.10S 2.40- 16.65 17.480 2.40- 85+ 16.905 2.40.' : - 8t+_ 11.4SS 2.4c- e1+f 17.OSS 2.40` 16.135 2.4c+ et.. 11.73 2.30• 81+• 18.23 2.40+ 81+_ 16.48 91+! 19.71 2.;:- 20.21 2.. 16.65 2.40+ 17.23 2.40• e1.! 17.29 2.40+ 91w1 17.07 2.40w 8N! 16.68 7.40• 17.31 T.:'• 0 �J DECISION NO. NY81-3027 POWER EQUIPMENT OPERATORS (BUILDING CONSTRUCTION) (CONT'D) Claes 21 Class 22 Class 23 Class 24 i Claes 25 IClean 26 Claus 27 Class 28 Class 29 Class 30 Clsag 31 Class )2 Class 3) Class 34 Class 35 POIIER EQUIPMENT OPERATORS (HEAVY 6 HIGIIHAY) I. Class 1 Class 2 Class 3 Class 4 Clans 1 Class / Class 7 Class I Class 9 1 19.951 2.400 IS -SI 2-4nt ei 1e.33 2.4:0+t+ I 81. [ 16.67 2.40+ 8101 17.15 2.40+ 811[ 14.87 2.40+ Bt4t 15.18 2.400 stir 17.29 2.40+ 81+f 17.70 2.40+ et+r 17.08 2.40+ 8t+[ 15.095 2.40+ 8%#f17.30. 2 sl+f 17.70 2.40+ 81+f 14.87 2.404 aW 16.96 2.40+ Otte 17.08 17.45 17.30 14.63 16.51 17.02 16.27 46.00 14.so PAae 3 Class 10 Cl... 11 Clang 12 clams 1I '.:1.1-1 14 Class 16 Clang 17 Clans 18 Claus 19 Class 20 Class 24 Class 22 Claus 23 Clan 21 Claus 25 2.40+ ROOPERS 1149 $late 6 Tile 2.40+ Watarproofer et+g $HE6'f NETAL W0"zAS 2.104 SPRINKLER FITTERS 6 6:4g 5TEAMPITTERS 2.104 STONE DERRICKNEN 4 11+9 '9100ER$ 2.40+ 1TONE11ASPH4 11+9 TCRRAllO WORKERS 2.40+ TERRAllO FINjSIIER$ IS49 TILE SETTER$ 2.40+ TILE PINISHER$ 1149 TRUCK DRIVERS, 2,10+ building '••: et+9 Ready -mix concrete, 2.10+ send, 4rsvet$ asphalt Ist9 1 bulk 0$mant ',' Sucl14o 6 Turnapulls Heavy • suclld5 6 Turnopulle High rlao w�.ir I nut. 17.45 15.89 16.27 15.18 16.91 14.66 16.48 17.27 14. Be 16.62 14.87 16.44 15.12 16.54 17.70 14.6$ 11.07 12.33 12.35 16.07 14.11 17.76 13.)1 12.07 6.21 1.71 2.40+ 8149 81+g 2.40+ 81+q 2.40• 81+9 2.40+ 2.4)- 81•; 2.40- 81)9 2.40- 81+q 2.40+ 8119 2.400 814,1 2.404 St492 8k4y 2.40, 8149 2.40+ Bt+9 2.40+ B1+.7 2.40- 81+q 3.95 6.27 2.88+1!1 S.7S 5.25 5.75 2.82 2.71' 4.335 1.125 1.)7 1):064.19.2253064.1 ITS ].064-?` ].064+- DECISION NO. HY13-3027 Page 4 WELDERS - rsculva rata prescribed for craft to which welding is incidental. Untie tud classifications needed for work not Included within the scope of the clasglticrtlons Jlated stay be added attar award only as providud In th labO: ....,......,..ciause4 (4'9 urn 5.5 FOOTNOTES, PAID HOLIDAYS, A - New YeAr'a Day) 0 - Numurlal Day$ C - Indupunde lice Dry) D - Labor Day$ E - Thanksgiviny nays F - Chrlatmau Day a. Paid 11011day"1 A through F, Prealdunt'u Day, the annlvor"ary of 1114 employuu'0 data Of umployaunt, &1111 like ewployee's birthday. All umployw,u whose cpntlnlx.ua uerviau credit bogan prior to April 1 of the current year eball be entitled to a vacation of one weak, and the employee whoue continuous service credit started prior to October 1 of the precedil,q year shall be untitled to a vacation of two weeks. Eny,loyuus who un March 31 of the currant yuar have continuous service credit of six year" Or more with the Co"Pa"Y shall be outltled to a vacation In accutdgncu with the folluwiuy uclujaulut 6 years but loss than 7 years 2 week& and 1 day 7 years but lueu than a Yeats 2 wouka and 2 days 0 years but lube tha11 9 years 2 wuuks and 1 days 9 years but logs than 10 years 2 weeks and 4 days 10 Years but lung than 15 years 3 wuaka 15 years but less then 25 years 4 weeks 25 years slid over 5 wvuks An employee shall be paid for &buanov dua to personal llltaas, Personal Injury, or death in the lnun"diatu family at his basic rata for a pOrlod of five (5) days In any calendar year. b. Employer ountvibutuv 68/4ay. c. Pa1d Holidays) A through F Lincoln's birthday, Washington's Birthday, Colualbus pay,-Armltice Day, and Friday after Thanksgiving DAY. d. Paid 11olidayst A lhroucA r, COluebue Dsy, Lincoln's blrthdayr Washington's birthday, Veteran's Day, and E1&0tlon Day, provldad the amplOysi worked or shows up for work on the schedule day before and the schedule QQ day atter the holiday. a.' raid Holldsyst Otte half day's pay for Labor Day f. Paid 1141doyst A through Fl {1,.11190111'5 birthday, Washington's , birthday, 'Colynbuo Day, floction Day, and Veteran's Day. yyoPAi4 Olid&yat A through r1 LincolAlp birthday, Washin ton's work �6y$ gat Day And:Vlltsroals Day, provided employee ' works thm. day aftar too hoilday. h. ror 9#gji 1t 41&yo wof}'' sd with the Oontraoe year an emp)pyes will YaOeiV$ O11p; day'a YACAtion with pay,' maxigtum vaoatlon of ,1 weeks par. yaer.. ' Kmpior¢ ogntrlbuta 14.00.p*F'day to security rand. W T -P DECISION NO. MY81-3027 Page 7 DEASBIVICA7100 DESCRIPTIONS -PONER EQUIPMENT OPYRhWRfi (CON -T) BUILDING CONSTRUCTIONI Clue 178 Hol -t O drum), power winch (truck mounted, used for *tons or eteul), power winch (used for atone euttlnq 6 structural steel), trench machine Class 161 Mechanic Class 191 Mechanical compactors (muchino drawn), roller lover S tons) Class 201 Oiler, root cutter, stung chipper, to-ur crane(ullur, track tampor), (2 engineers, each) Class 211 Portable heaters Class 221 Power boom Class 111 Pump (concrete) Class 211 SOOop (carry -ell, scraper In tandem), tower crams (anginuur) •Class 251 Tractor (caterpillar or wheel) 0 BUPERSEDEA5 DECISION BTATt1 Texas COUNTIESI Statew(de DECISION NO., T103-1051 DATE, Date of Publication Supersedes Decision Mo. 7'X82-1052, dated October 29, 1982 In 17 PR 1921). DESCRIPTION Or NORRI See 'Area Covered by Various Sones' All Tool Man Asphalt 11eaterman Asphalt Paker Asphalt Shovel -9 Batching Plant Scaleman batterboard Setter Carpenter .Carpenter Helper Concret♦ Pini akar (Paving) concrete rinlaher Helper (Paving) Concrete Pinlsher (Structure Concrete rinisher Helper (structures) Concrete Rubber EleCtrlCian Electrician Helper Pure Builder (Structures) Porn Builder Helper (structures) rote Liner (Paving 6 Curb) form Setter (Paving 6 Curb) yorm Setter llelper (Paving a Curb) Porn Satter (6tcuctureal orw setter Helper (stcuctur ebo[et, Common s abor t, Utility Man ManhoI 0uilder, Brick MaChen P ' helper Sero Osman N nk•44 Iattuetgrea) ! eQrlvatmee . 1pp:111:yyy'�.N}fIpac JPni M., MOltarman . ►ovd6kla6n >teln(ptgihp stosl Better IPevi6y) he HOC49iny 'Steel NOW lislfllaturl0) IONS 1 CONE 2 ZONE ] ZONE ! 20WY 5 e«4 1..1. 6.1, 6.0, 6..1, H«dr N..J, N-1, M.wlr M-1, R.... R.1.. R.... m.I.. R.,,. a:o3- 5.70 S. In 5.15 5.00 - 6.;-. . 'A 5.15 S. J.dO 1.65 4. is 6.10 6.10 - - - ; 7.70 - - - 6.20 6.50 7.10 6.20 5.65 6.25 1 3.25 5.$0 5.10 1.70 5.05 7.75 7.25 7.50 7.05 6.25 6.50 - 5.60 - 1.00 7.10 7.25 5.90 5.10 6.26 1.60 6.00 5.00 1.00 5.05 1.50 7.75 1).50 11.)0 10.55 - 5.75 - 1.20 S.OS 6.75 7.70 5.15 6.00 3.35 - 1.95 1.10 $.00 7.75 - - - 5.20 7.05 7.15 6.25 - 6.05 1.00 - 1.75 5 1.510 7. 6./S SAS 6.25 I 1 S.95 6.25 5.50 1.75 1.95 1.90 1.65 1.60 1.10 1.15 5.50 9.55 6.00 1.90 1.75 6.00 6.75 7.60 7.20 6.50 7.05 6.55 - 6.60 - 5.25 6.15 5.30 SASS. 5 5.00 6./5 6.60 9.85 5.;0 S.6S I 6.00 - - 6.955.15 ' = - 6.90 7.10 1.70 0.50 6.75 6.00 6.75 6.20 -• 1.50 6.05 - 6.10 0.20 6.25 1� CA DECISION N0. HY91-1027 Page S CLASSIFICATION DESCRIPTIONS -POWER EQUIPMENT OPERATORS BUILDING CONSTRUCTIONt Class It Asphalt spreader Class 2t 0 cilhoe, dragline, gradall, piledriver, shovel Class 3t Batching plant (on site of job), power winch fused for stone or steel), power winch truck mounted (used for stone or steel), . pump (concrete) Class It Bending machine, generator Ismail), vibrator (l to S) dinky locomotive Clean $t Boiler, bulldozer, compressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, conveyor, gene- rator Intleworkl. loading ararhine (front end), melntenance engineer, mechanical compactere (machine drawn), powerhouse, power winch truck mounted fused for other than steel or stone), pulvi-mixer, power winch (used for other than steel), pump (double action diaphram), pump (gyp- -sum). pump (hydraulic), pump (jet), pump (single action - 1 to 31, pump (well point), welding and burning, welding machine (pllework) Class 61 Boom truck, crane (crawler or truck), conveyor -multi plant engineer, stone spreader (self-propelled) " Class 7t Compressor, compressor (2 or more In battery), geneiaior,' i( .i . mulch machine, pin puller, portable heaters, pump 41 inch or over), 1 tree tamper, welding machine " Class of Crane and boom truck (setting structural or stone Class 9t bulldozer (use for excavation), fireman, loading machine, powrboom, scoop (carry -all scraper) vac -all Class lot CMI or maxim spreader, concrete spreader, derrick, sldeboah' tractor - - Clans III Compressor (structural steel) ' Class 121 Concrots SAW or cutter, mixer (with skip), mixer (2 small, with or without skip), pump (up to 3 Inches), tractor Cate rpillst or wheel Claes Ili Crane With clam shell bucket Class 111 Crane, crawler or trucks e. Boom lengths of 100' (including jib) but loos than ISO, b. Boom lengths of 150' (including jib) but less than 2SO' c. Boom lengths of 250' (including jib) but less than 350' IS. Boom lengths of 350' Clens IS: Curb mrchine (asphalt or concrete), curing machine, ptvnp (subernibin), tower crann aiiinlenancn man Claes 161 Dredqe Clara 171 Elevator, forklift, hoist (Idrum) Class 191 Forklift (walk -behind, power Operated) Clens 191 (11 n0nr Clans 201 Holul (2 and drum) Clnnm 21, Ilnlet Imulilplo pintrorm) Clans 221 Machnnical cnml.icterm (hand operated)A trench nwchlno (hand) Chau 211 Ilulnl land(•) pini )rum Claus 241 Ilydrn-hnmuner, 1,10.1'. cutter Clava ?51 Luadluq 111ACIIII IwIth capacity of 10 ydmr or over) Clens 26, oiler, stump chipper to DF•CISIOR NO. NYII-1027 Page 6 CLASSIFICATION DESCRIPTIONS -POWER EQUIPMENT OPERATORS (coN'T) Class 279 Power buggies Class 2s9 Roller, trench sachlne Cine 299 Scoop, carry -all, scraper In tandem Class 30t Sideboom tractor (used In tank work) Claes 719 Stripping machine Class 329 Tank work Class ]3t Tower crane (engineer) Class 361 Tower crane (tiller► Class )$t Welding machine, structural steel HEAVY 6 HIGHWAY CONSTRUCTION Cities i{ Aapila'at spreader, --n truck,V- riga- post holes), CMI or maxim spreader, crane (crawler �or truck), con- veyor (multi), plant engineer, concrete spreader, sideboom tractor, stone spreader, (self-propelled), cherry picker 'Clan 29 Backhoe, crane (stone setting), crane (structural steel), dragline, gradall, piledriver, road paver, shovel Class 39 Batching plant Ion site of job), crane (on barge), derrick, sideboom tractor used in tank work), tank work { , Class It, Bending machine, emchanical commppactors (hand operated), 1, pump (centrifugal{•up to I inches), trencA machine(hand) Class St. boiler . ;•....Class �f• Boring machine (post holes) I ..Class. t Bulldozers, concrete finishing machine, conveyor, curb 1 machine, jasphalt or concrete), curing machine, dinky locomotive, fireman, forklift, hoist (1 drum), loading machine, maintenance engineer, pu101-mixer, pump (6 in. or over ), pump (hydraulic), pump (jet), pump (submersible), pump (well point), roller IS tons 6114 over scoop.(carry-all, scraper), maintenance man (tower crane), I' vac -all, weldLng 6 burning Clan h Compreasor (on crane), generator (pile work), welding machine (pile work), power winch (used for other than stone or structural steel)oser house, loading machine (front and), com- pressor (pile work, power winch (truck mounted, used for other than stone or steel), hoist 12 drum) Class 9t Compressor (2 or more In battery) Class 10( Compressor (stone setting), compressor (structural •tee ll, welding mach Ino (structural steel) Claes 119 Compressor, mulch machine, pin puller, pump (double action diaphragm), pump (gypsum), pump (single action 1 to 3), 11trlpiny machine, welding machine Class IIt Loading machine, with bucket capacity of 10 yards or over Class Its Concrete breaker, concrete saw or cutter, forklift (walk-hehind, poser operated), hyydra-hammer, mixer Iwith skip), mlxer (2 small wth or without skip), mixer (2 bap or over with or without skip), power buggies, power grinders, ridge cutter Class 111 Dredge Clea ISO Oonorntor (11"11) Clans 16s Orador N 'ATAO/FlIE0 it STANDARD FORM 257 (Aus. 1976) As prescr'_bed =y the nm. -Pt. o: Labor (OFCC?) LOY`VITYear) UTILIZATION R-Tn. w.T for LZ3`rucci=r3) ry (Month. Year ) This report is required by Executive Order 11246, Section 1:, i. railure to rcpzrt can result in sanctions which include suspension, te=iration, canceilatioas or debarment To: 0;=z and location cf C=;2—lance Aogenc;) 'Earle Fisher, Contract Co=liance Offic_r FUZZ Division Dept. of Housing & Urban revelopment 26 Federal Plaza, 34th Floor Nev York, N.Y. 10007 F:ca: 011a•=e and locat-tn o: contract..-) , Naar & Address of Project: . Conga: s Sa=e Work Hours of .._'1Cj--ent (Set footnote) ':' Classl 3. .. • S. i I -. I t. J/:2'Cf � total .- ^==atk ar ,_.a r •••-•Cer l.; a -e • " C.- Ao I Tr C I ' I ; t A:1 j C T- + lj 'r- I f ? I C i f i ; '• + �An Tt An C Ao Tr C A p T- .. I It I 1 ! d, C I I I 1 C I T- ' (include Ar -a Code) (* Males c, Females Yi:orities S. non -minorities) ?age of -,S rC,'t "TtiC •.-^?CN; The F-01c}rsent Utilization Re?art is to be cc^c?�t�d by escn sut�j�ct (both pri ` and subcontractors) and s• wed by � - -'s a res,,onsible of ici :l t' company. The reports are Co be filed on the day required, each nor.z_.,�duri^7 the teres of the contract, and they shall include tae total work -hours worked for each employee level in each designated trade for the entire reporting period. The prime contractor shall submit a report for its a_;;regate -:or. d ll k force an s:: collect and submit reports or each su'bcontractor's ag_resate .;ark =o:c_ to ,'re Federal Compliance Agency that is funding their coastrsction Project. Reporting Period . . . . . . . . . . Self-explanatory. Compliance Agency U. S. Coverrment contracting or tering agency respc:sible for equal employ- . _......: ._ Gent opportunity on the project. Contractor . . . . . . . . . . . . . Any contractor who has a construct' con- tract With the U. S. Coverr=enc or applicant .(See OFCCP Regs. 60-1.3). 1. Company's :same . . . . . . . . .. Any contractor or subcontractor .;no nas a federally involved contract. 2. Trade . . . . . . . . . . . Only those crafts Covered under ap !Lcable Federal E-70 bid conditions. 3. *cork -hours of Employment . . The total number of hours marked by all employees in each classification; the total number of hours worked by each inority group in each classification end the tot al work -hours for all worsen. Classification . . . . . . . . . The level of accomolishment or stavus c: the worker in the trade. (C = Craftworker - -Qualified, Ap - Apprentice, Tr = Trainee) • 4. Percent of minority work - hours of total work -hours The percentage of total Minority work -hours worked of a l l work -hours worked. (The sura of columns b, c, d and a divided by column a.) S. Total Number of minority employees . . . . . . . . . . . . b. Total Number of Employees Number of minority employees working in contractor's aggregate work force during reporting period. Number of all employees working in con- tractor's aggregate work force during reporting period. * Minority is defined. as including Blacks, Hispanics, American Indians and Asian and Pacific Islanders - both omen and wc'men. ano too. -all f --- 1W -- - (d) The nw::ies and addresses 1; (3l{ oth•: persons, 6c a to :i on"�'--- - ����••'•�j d Suh Sl Gita al interest in the UnGefsIgned, end ti,-, r.a;ure of the interest ere /?l «;,a r. ;o smr.•1• Date ----- -- ----•--+•••�....�,o v. w , v,ncr earning construction contractors in which the undersigned has a substantial interest are .•'?/ voje. ,o state): NAME AOCR Ess TRACE CLASSIFICATION (Co4 tra ctor) By WARNING U.S Criminal Code, Section 1010, Title 18, U.S.C., provides in part "Whoever, .... makes, passes, utters or publishes any statement, knowing the same to be false ..... shall be fined not more than S3,000 or Lnpnaonad not more than two years, or both," 0 as0 efa.aai i • us. oar..,-t,.��1 u: ncr:, ., . � - -�,r+ �_ - COMMUttITY OEVtLOPMCNT >LOCX GRANT FROGRAM COI:TRACTOR'S CER �!F!CAT!GN CONCERNING LACOR STANDARDS AI,D PFEVAILING v;ACE REQUIREMENTS +u (Ap!"opr+ute I DATE C/O 'ROJECT NUMBER ;(fan)') P PGJ=CT NnME 1. The undersigned, having executed a contract with for the construction of the above -identified project, acknowledges thatt (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tie: subcontractors, is his responsibility; 2. He certifies 'hat: (a) Neither he nor any firm, partnership or association in which !re has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR. Parr 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended NO V.S.C. 27613-2(a)), (b) No part of the aforementioned contract has been or will 1-� subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution ofany subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certifice-ion Conceming Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (*j The ie al nom* and the business address of the undersigned are: )ur ,ne unaers ianea Is: (1) A SINGLE PROPRIETORSHIP 171 A CORPORATION ORGANIZED IN THE STATE OR 12) A PARTNERSHIP OTHER ORGANIZATION !D (c) The name, title and address of the owner, partners or officers of the onJarsian&4 „r - MUD -1471 0 U.S. DEPAR fhAENT OF HOLSm',; '-'R F,'A N DL', E L LN T COMMUNITY DEVELOPMENT CLOCK CRA.,.'T PT%1_C,—,Af,% SUCCON 'TRACTOR— -_�-RTIPICATION CONCERNING LACOR STANDARDS ti;[: PREVAIIJWW-AnE REOUIVIM–INTS TO( 4j-p,c-prsa(,: OAT C PROiE.0 I 14U)-19Ln (if any) c/o PROJCZT NAME 1. The undersigned, having executed a contract with iLwMactor a, Nuocovactorl rat (Auture oi ujr;.) —in the amount of S in the construction of the above identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction ate included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest* is designated as an ineligible contractor by the Comptroller General of the United States pursuant toSectionS.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of i!,e Davis- Bacon Act, as amended (40 U.S.C. 276a-2(a)). (c) *No part of the aforementioned contract has been or will be subcontracted to any subcontractor if suz':I subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. lie agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Reqjire- menLs, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about Mate) 3. He certifies that: (a) The legal name and the business oiidreis of the undersigned are: (6) The undersigned is: 11) A SINGLE PROPRIETORSHIP: IM A CORPORATION ORGANIZED IN THE STATE OF. 0 12) A PARTNERSHIP: (4) OTHER ORGANIZATION (I)C$Crlbt) W The name, litle and address of the owner, partners or officer- -if the undersigned are: HUU-1422 1& -?5) o:.'. odd.esses of ell ot!rer person5, Lcl!i end corporate, f,uviny a au:;afooC,ol iateresl in the undersigned (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has (Su bean tm cto r) B (Signature) (Typed Nonc and Title) WARNING U.S. Criminal Code. Section 1010, Title 18. U.S.C.. provides in part: "Whoever..... makes, passes, utters. or publishes any statement, knowing the same to be false..... shall be fined not more than $5.000 or imprisoned not more than two years. or both." U.S. DIPARTA4114T OF IADOR WAGE AND 110UR DIVISION IYSTRUCTI011S TOR C013PLITING tPAYROLI !ORM, W11.347 floe. al: ii.r 1.r .J 11'11 JJ7, peyroil loon, Ia not -,"I .r Y. 'Ihr. I.nn has barn mode nvnslable far 1%, coos vrmenu e/ runvsewa..nd aubnmtsaoon raimral by their FNrr•d or F111.rsally aide) ..mtruallun type ,unease emf .•'scum,+su bl wLn.il -41Y 51-yt,41, PI.•pelly 1.11rd aur, thl. I...1. r1:1 .+b.ly IIs, a+)ulnvarul. ill lleg.n "'l.3 -J S (7.2 CI 14. Subodt A), ss f. payrulb out, lived In c.minhun with tints oats tuh).r1 lu the U+vu H-. ­J J rdmrd Act.. 'bu (arm ,'slats urr.H r. -,ult.'s, from thea rr.dmanl u1 the 111 v4 It -run Acl to In.lude Iringr benefits pruvl.lunr. !'null Ina ac.er Jt,l law, the a..nuucta.r is rryu ural b, p..y ....1 I.as %Ilan Irmdr bro..W. a. pravlrrrrmnavl by Iht Il:� •,fill e:.l ,rl I.+Lor, tet ad.lrti.n lu p.ymrr.i a.f 'sell his 111... the I.trdrtern•inrd fwlr.. Th. funll.tlu!'a ublir.li.n to ply !noel, Lr.Jn. rawly be mel alter by p.ynt •nl .J the M"It. 1. the varluu. plant, funds, ur prof loos or by 1.+:.-J Ibnr I : Yy ..nu 1st Ilse nnpinyere rs rIeh In It- .I fringes. :... p�yro!l pr+.illy. fur the rumn,lnr'. .h,,wmg un I1-1 (are u1 the payroll .11 ninnies. paid Ir. Ih1 empluyrta, �..id.or .. .lull. r.I1. at s. sails .n bis, aJ frb.ges .,.it pet a:r. fur 114. n•rilxaaor'a try n•.a•atu hon In ohs ttate� ry ..... p:: --on s:.e rear 1.1 Ilse pdyn,ll it,-$ hr It paying 1. ..ihen Ill's!; ll, nalulrN by Ilse e.nUe.l and nos +.,., is a.•,1r a• Ill..tf N.aj:.. 17n.dN rnstruaa.n. c.ru., ping the p(<p..utj.n u1 Il:t pwyrull !into.: C..nte.n fill ur %,.I I, Fill In your hills'. ..rise and shah approlirl.tt but. A 11r.rs 10 as y.,ur hrm'...tdrear. The .mpinys • fu 11'se en, moat Lr •h.. ..� mull ill.. be .L....y u.: Iht ),ay"'ll o.vcnnC 14r ft. .. • a. n ..... 1, u.; .,,, p:,.; er ...r$'r uu Jar ri .)"I The addro. need not be .huwn fin .0 bt.qurnt war$'ly p.ynd:a •..• . s. I... .i lei.. .h. g.. ,11J.s ,gh nut -A I by tl.ga.lul..n,, fall. 3 -J S• .pate Is aysd.blr In it.. name .uJ +dJrm .•. n+n ur thus tiu/111 S.rurrty number, may be Ijm.d. I ..buns W0.1 %h,. g F;, .npe.o'sa: This r.Iu,.. Is molly In.tma for the rmpl..yo'a ronv rnitntt and b nal hf Ilrga,l+hon., I all. 7 and S. C. damn _7_lt::.:_ ('filar;heuri.m: List .1+ .,bre U.n Jrscripdvr of will$' acn.ully 1.11 aelt by e1.pL.y.a.. Can. roll alu•...a ....,ns :. rel rn.n:.srum wag.• .'b"lult .r. f..rlh ,n rmssra.l •parib'....".. If .ddihun.l cl... lhe.l..n. sae slim ell n.+•sr..ry, to l'oo'ses ung (Ahcvr ur Alls, cy rq. naamairr. Employ,, may be ha.wn ria having w.r$'N sur milt rain su,. cI., :fi II.n p ...... did sar.nit brtalsda-. ill bun's ao w.tlsN j. malriumed and shown on auhm.wJ I.nyrullLy .... of .cp.,.I. liar enfr{c,. 1'0• rho _I!•.nr._ 1CnrkvA: (In all conb.rl. aubjrl to the I I...I Woe► Ilaun SlanAarJa Ae1 retire r• over, .ua. e'In, n• Al hour. wu.$'rd in ,.ens u1 A hu.ra per day xud 40 huun r wavM. Ct.i.s n S�Torah Srll rapt+naet•ry. 1'..hro . fa Ilatr ..f P.. y, uL.J;ng 1'rmge Itroch_tr. Ir. ao.i.ad lona• Lu.. III, wrwal hs.urly rarr p:u.l the .... pt.yat fur mr..�;nt wire ...rA rd, pill. ny ....h en lo-. of hmg.a field Ihr.uq.loy rt. When ret .... I of the str:ugm war ha,. sly r.. +,.y (.,h part it. 1- .1 /rmgrr may Lr ,hewn ,rpuralay Isom Ihr ba.lc r. u, Thur 1:1.75/Atli Thts a. •.f .•. ja.nsrmr..n.a dy •.imputing --War Sie 'Errs. ;c fle-41W bal.w. In -,I r her J.uw •wed..•: h...dy r.. • p.uA, fib..ny ...ah in his, u( fang,, find the tenpluyre. Ser 'Frjr.gr it :•oa a' Laiow. P.),nln. of n..1 last J:: a tr...r and ""Ll"ll .ht Lasts or ngnlu a -.r1 find a raa)ulrrvl lar, uvrn.me under the Cunt,+ai War$' Iloun Srur•J+nh A.1 .J 171:2. In ad.I.t. n 1st p.yu.g nil hat 1h.0 Ihr prrJ�haminN r.te fur kill, elntsdw.11.rn in wbi,h 1!.r c .;Jute ra sets k., fire runv.ewr .lull pay 1. approved p1.... funds, or prog"etrs at 1A.11 pry sa cash In lice I. Inners . ,.'sill•. preletermjned x11 /!self. brn.hb In the writ- daritiw, malt y.fl u/ J.. runts!. .,See'F{117.IA6 7 EK LFITS' br!.se. F'lll \I; F: 111:.'IFf17S - ('uMru.1•rra wh_n rnrrel r.v)rrire.t fling, hrnshe• A cunteed.y seho p11)t Innd. hrnrhts lu xiy.r.vrvl plan., fiend., or pu.grans. as wns..una not Ir.. fill's Isere .1...u,....so .n Ihr .rpla ebi, .a,r se loose S."'Istry of Lubar •hall i.n.tinur 1. show on it., 1ae1 of the payroll she b..uc ...h An.uiy rnr snit ..a r Ilene rule paid In Ili ""Ploy'. ).st sa he hes Ase.y. it.,., S..r 11 a runtea.iur shall ah -k pang uph 44.0 .d SM tlxlrmaa o's the uvrne at the pity".!! In Indicate Ilu.l he is .h.. p.yurg 10 spprnrN plans, h.n•b, ria pr.•gum• nus Its. than It., sft.unl yrnlrynnlnN ss (doer benefits for rash crisis Any ...,I ..ran. III -11 be seared set Snh.rn t(c). I ... so's w1... pay n.. (,Inc. benrfh.. A rnntrxrinr -hu -eye nu Idndr ben,hf..hall pay as Ihr n.,pbry n, and 111.16 In the .rra.ghl I;mr filially rarr column .1 Ilse pay.nll, set am.•....I nut I... than .he pr N.a......nrd r.nr !nr rhrh d:•.ahrnhuu plus the anuran4 ill fringe benefit. d•IondnN fur .,h da,rJn else's In it., •..yba+bit ..g♦ d'. 'sisal In.......1. xs 11 ils nol n.r.a..ry, I. pay It and • half un ..is petit In I.- ill Inngn. he as rrnn.r sell, .hall be n.I Ila. than IN, sum o11h, badr plr.in'nnlrir.l role, plus ft., hall Ihnr p,rm.u1. on be..r ar erg velar ray, p:us the njall,d Ca h In Ilse lift -6-9t, rs Ili, .!,sight Amt ell' In 11JJn;r.a, it., cn'sIrarbte shelf chw$' tell. gs�pA 4(L) .d the ,....ren cul op 'I" rrrerrr O1 rhe p.ya..11 ha In -6161e tiles he Is paying fling. bonefds an rah d.nny to site rrnpluyrrs. Any teetphona .hall be well hr Sealluw g(c). ll•e nl5«qon 11<), clic.pllorm Any n nil-11ur whn 11 m.hing pnymtnt to app,ar j plan,, tomb, or prngrom• In __s. In. 11 -ion the ..2s Jrynnloulion salol,,. 1. obliged b ply the ddlcirnry du .Iy to 111' .mptoye.. as e•h In Ileo .I boy r. A•sy '. uplioa ..r 5ralinn �Ia) nr 41(bl. wlua6e v -r Ilse lonae.wr mtY cbn$', shell be ens„ed In Sell- I(a) rnrm 111 11, F:xrrptlnn autumn Iht ereh, snit rote, In,',c Explanation rnl,smn Ilse Anurly a aa nt paid the e,npl u7 re earls In V-,( (-.j;_ .rid %I., hourly ,mots al 1 all 10 fill's., IunJ., or PI-41-all,a Inners. Thr tontr.cur sh.Il ply, .hull .Low that he b Silly area Io tach .urh '"Is"Y" lar alt L..n (a•nlrn .!fill wt., pruvlJeI by .1,10-14o d.Irrmh+.tlun) woe$'ell on Y.dc l nr Fellrally arststN prn)el an .,nnunl or Int then Il.. fired...... I_# r.I. pba tatb In Il.v of Irlrrgnr a. J.nwn In S,etl.n I(a). 7Tr re., paid and amnunt of cash p.IJ In It- of I,tnar btnrflts ,,, hour should Lt tnlered In rolunin B on Ilrt peYroll. Sri pareglaph an 'Conlra,son No pay ns hh.br brol(ies' I.,.omputalion of overllm- jets ('uhn s 7 _`•(.aur. Amuunl 1:xennP Enlrr gen•. ismune rimed on this prole -1 If part of the r,npluyers' sell%ly wage We. -lard on pt..j.•b ..Ihrr I)— Ilse prole.l Jncnb d ..n rho teat roll, .sur 1. r.lumn 7 hn1 .he aor oil's! wool! an the Feltrul W FMoaly se,1,1ed pfu)erl snit Ibex Iht gnus 111....1 .-rued dar.•.g the sen$' an all prnJn lt, Aloe I h:l.11ll/ 17111111• Cnlmm� tl UrJutliuns_ Fiver hl-ra air praridsys for sit - ­g d..I, ;.•n. m.Je 11 mmr .hen her t...slid he i'sv ulvN. nee first 4rulumm; rho, Ilse balance of dr.h•,i,n. under 'lllh a' cults ret n. .how as oral .,ill ..Air 'Total Onlil"an.. cahannend In Ihhnr : r a.I.rrnl the p-yruh dnn drs111b. the diurns a u n,nned •n,.he u b 't Mhrr' ruiurnn. All dadu.lh.na r all he In ara.r.l+ncr wish the yr... ebsn art m, ('opel.nd Air Rra.laa.n•, T9 r'F It. Part 9. It 11'. rmploy,c ..shad un other ).be in sd J.lurn Is, thio pr.)ral,+how .1w.1 d d.rh.n• from het weakly Croat wage• but la !wort Islas JNnahon. are based an his Coast sellers. C.dumo 9 Nm lVngst ,alit for Wart.: Sell rapla..Icry. Tot.la Spat, hat been IM as Ilse bmlunr al Ihr columna w .hal et11.h 1..y be the.wn J rhe tuna a, ...r n. drurrs SIa1.v'seol 11re1uhN by 1(rgutuuuns. ran, J and SWha, Ihla form rrn•d I be nouns N. she's'our's...n It., list ,.,gall h .re l.).al 1. the prn.la . pruvidN by IR IISC 111111, ne..dy, ps ..blr in.,....unmrn. I., S years ur I1"""111Il A .m both. Artnrdmely, she party siZ ad Illy telujred ......nano ,b..ld Last $'ou�lwgr ill the I-. reprnrns.d ss Irv. Space he. (sten pf. lded ba.+rcn demi 111 and 171 of Ilse statement for .Im<nblnd any dNuchune made 11 .11 ds,1 .1i.... 1..J, are ad.yunlrly Jr.. shelf In She '1)educa.rni ,ul.•an aD.vr....it 'fie' 17N.cn.n. tulumn .n shy peyr.U.' See parrgrrpfi baidtd 'F81NCt UENCFITS' .1 ave fur In.olinobt,ss coelt„nmg fdtmC -1 pa.gr.ph d d the eta lrmen4 ' ifon, AIl1�•pua ri r' Gt A1.,1 ,•;/.it Un:,fi,1 PAYPOLL i1,,,ltn v..w,. Ne 4! nIV97 (For Conlroclor's olinonnl use, $oe 11rlru(lion, Fonn %Vll. 347 Intl.) IJJ,• Cl C4..MAL101I I on S6DCUf/1DA(IOn u A11U111 SS ' PA` 4L h;o. lon WLEN UA:INC; MW) ff,l ANDLOC•A11ON I•r1o"C1 OII C6•.r"Cr NJ .r .. iu .2,u, 111 —.. 441 unY Alit)11A1(151 Iel 171 to fvl AA4�C r(H111ESi, Ann �' 1 _ -'ET O[nUr nO�i r,R s:c1A(st(u;,n+rn,Mutn fg wonl< „ IornL nAlf cnoss wA ti, CI ALLIfIUTION �' _�-,,, �.�, AMOUNT GrS „ CF t►d•LOYLE AFL c, IIOUIIS Of PAY EARNED rICA nn(olhq Orn[,1 uccalcncn.•. IOn wttlt 3,: 1101 1101114S V:n111(11) 1AC 11()Ar TAX 1 11 1 1 ' , t 11 • V ! 11 • r. • --tea_ � - — -- — — , i • 1 l 1) — -- I I I • i 1 IN i r �n ,.,_..,.�w+..c.e..,.'.. .r.awn.rvr•natxtemo:-ts'4�ermrrac>rre>tir-• .--:��. - ...-..:._:_........sem.-._.z_._:�:t::�._ :..art,._=,::_-_._._.___._..___:..:�._—,.-. _._. ...—•-----_,___. . J Dslr Its the contrert have been or will he mr.de to appropriate programs for tat benefit of ones employees, except as noted In Sec;lun d(c) below . , ! leant o: OV-1t,ry perry) t11Uq (b) WItI'll ` 1'RING21;F:NLl' 1TS Altt: PAID IN CASII � hereby Asir: i — Trach laborer or mtchanle 1!rle4 in the above referenced payroll has been I pal -I. as Indlrnied on the payroll, an amount not lees than Q.e sum of the s } . 11 ) Thal I pay or sopervlse the payment Of the persons employed by applicable bnele hcutly wage rate plus the amount of the requlced frligs �. benefits as Ilated In thaeontiact, except fa no;ed In Sect:on <(c) br:oer. on the ICunusrm of wbcnnV.dor) 1tIvUr Ina or work) (c) EXCEPTIONS that during flit payroll period commencing on the dry of 19_, and ending (he fitly of 19__. 1: Co {C:UIFtj EXPLANATION all person( esmploytd on ssld prolecl hat•e1,ton pnld Ise full weekly wngce earned, flint no Monte@ 1 have been or will be made either directly or Indlrodly to or on bthul( of ould I e from Iite full (l'ona.rur or wlwmdnaur) weekly wsges earned by any person And shut no deductions have been modo either directly or Indlle try from the full wugcs earned by any person, olbcr Il:un permissible dedutilnns as dhilned in Reg nations, Part 9 (29 CFR Subtle A), Issued by IIB Secretary of Luber under Ilia Copdund Act, as amended (/8 Eta,. 048,69 Slat. 108, 72 SML 997; 76 Slat. 967; 40 U.S.C. 27(e), and des, crib -d be:ow; (2) That any payrolls otherwise under Ihts contract rtrluired In he athhmlllty) for like above perinJ are correct and complete; diol (lie wage rase for laborers or n hunles cunluhrcd therein are nc! Itis than the applicable wage rates contained In any wage determination Incorportle. Info the tonlrt.rt; that the deeslncatluns act forth Ihereln for goods laborer or mechanic conform wlls the work lieperformel. (J) T)url any apprentcet naplt.yenl fit file above period, are duly reglulerrd In a horn fide eppren:%fsh:p procrom rrl;lstertd %.!tt% a State apprurtituhlp ugcn,y recognise.) by the Ilureau of Anprnitictldp and Trofidng. Unil:d 5lales Ucparbnent of Labor, or If no suds recognized aces dy rents In a Slalq are realttertd wills d,e Uurenu of Apprenticeship and Trandog. L)r.11ed slat's Department of Labor. (4) That: t' (a) WHERE FRINGE. 111MC ITS Alth PAID TO APPROVED PLANS, FUNDS, •- Ott PROG11Ah(S 0— In addition to the basic hourly wage rales paid to each laborer or mte hanle Ilalcd In Ilia above refertnced payroll, payments of (rings btncflla co he;cd IAnIE AND MLE I;q;;;A lU.i: I TIIE v111101. FAI.SIrICATIOe1 Or ANY or TIIC 190VC ST/TV-4 EDIT: MAY SUtI+.CT Mr. a^••.! -w. ren Off SIIar.ONi11A•' I Off TO C.':•l Oro CPlttra+. t. YmO :CSL'i{UH, LSE aCTIOfI ICO( Cr 1 LECIKIN Z31 OF 7I1LC.11 Or 711 U11140 L,AIc: (: C•C�, 0 Date: i Project Fo• Location: r STATS.^_ i 0: CO,•1CZ Tra.inin„c1c�—ent _^d Cont-_ for 3��s_-e-se a^2 Gbccr•Vutit{es T J A. . e Project assisted under '•�-' . req �;..s of section 3 cf � ^e u .. - =��) is subject to tie . as =e_.11A 1 7 J S Housing 2nd Urban Teti eic". . + . . .c. 170= sect. re^ n Act o� _,v3 extent feasible _ 'on ? :LIrdS that greatest eas-.,o_r_ ortur_itie S tra=�� -, inco=e residents of the ZZ -04 eC � `; e` "^ �5 a:_C e'�-P1cY;e ; t be IS:Ven �h 3:• with the zra;;ec„ be a:.z ded tot o ; a { in cc=ect_c:• _ OhIled 2a suDst2..^.+� �,..+ '"4-ness Cc-ce=ns w _c:I are located in -cr ` ,._al : ersc d^ by .ZS re51 _.9 —4: Ti.^.e 2.I'e3 C. t.^_eTiii. any other ✓row=s_ r y (a_L'�J11C'.�:)(reCi-lent) S�+ i Ca O� ��SiS (COntr_c`.)(2:ree.^-.e_'It) ts:e the '-� ca -_..T CLQ he or.- 1 ' r e: s _ o: said ec ,_ 3 and t z ;a -`ons iszue^. �i3.`$'�ani L.^.eget a,• OwJ S tiC•. in 24 .. -�5 _ t:bh s.:e_ i.g : _de_ al -'� t Se__ sec _ c_ �:, 11 , - _ reg-, s er. 29220 and a 2 � � � cable _a er _I c:-- to ..� -0 ) GC�vC �: to the exa^-, ion O. +t : S ( or� ei 10-- r.^.e .c.2Cre�c:� i5'lie� 7ww� % t • reb•'v_GNi�."�':J a:�Vl -.�.. ' '--�- .1 )��O r0^+1/1 ,n _=nom : f '^ u- C"at are rot _ i ton __ _ -..__ .__ vs of S2:C. O an ai �+ _ � moi• fa a. -' 1..7 w_•. elo__ =nv ••4 +A a_".',•... i` LV. 1r�C.2 �1 _- G.• a��i_�en V�V__.♦ �_r--__ �� •���: eSS concer::S •.__ Z, merzcns `"e3iC'n- t• _C_ •_..._.. O_ c: Qu r?�: e- _ «^ ..e are. Oc r.'.. erJ,`__ train ..�)-'J..'- e!lt f and CF.i e + _ 7',1a ?2iCC_".o,',L n _^. S C��or�.:�i�ieS re_' i.• J, _ .�iC:. C. ..:» ScCt:CC ? C1a� " r 1-. ed Gf SeCticn ectal t" .:_e sp_ciaie.'. ^•, Sect; the o a :ca _ all^ts for .on -.. _ The (a^clica.-.)(res: _ ::or LI cor•L ec-6 ;.ah the ect. cert zro t2+aCtl:al Or O -_e,• -)_ --"S a -lid agrees that it i5 r t• c - s i1_ Li:.aer O Cwn- these c;.•._re= e.^.: y _ •� .w."1�C w:7SiCa. Ci. -24•x• l;z-'^.Ce i:ith th:' �•!"O'J- '.'.i.S ^_+ .. C_�i rrrt 2-35, - section 3, the r e ati _ _ V_ al i , �•-'- c^s set ^^..,.�, the `'=c b e : les orders + e Secretary-.. _ L:: ^.er ✓r__. t,7 a -,7r0`: • a + ....- ( - _- -� ice CJ•rer -ent O: the ^l- - acre^tee^c)(co..,.ra^c) c,- shalla=_--cn `or _ -- a cn ance -Provided :O `t ' `� C C•- =Cn Ca ^.e Ceceral 81 de a crc ctU=cm Ss" successors and assigns h�..e to r l (2�gLcant i wec� e ), -cs �C�.it)(reCi��PT-.�� .^.E':�e re^L11rCme::-.S Si:�!sU* aC� and ?SS"-- t ai_ �� .Ya� •VQrJ said J::C --.aa" __�!• ' - V- _ -cr-S O .e S'nCt2C :3 57eC' "' Com. a •. 1vv 5�+_zazzc S such 'a_:cticns as -f` by is ('-gr'-e. eZc) (ccrtr ac are syeci::ed by 24 C.=:� Secc4en 137 1'- c)� e:... ;.o •+J%• AdtIr ess: IIIA:- : CS 6-!4-74 4 0111'fiC-7a.l .w ... nab. Law 93-383 - Ib • Augcst 22, 1974 t r J . rction 5ro9 of the Rcrised Statutes, it smended (31 ZS.C. '11), is intended by adding at the end the:•eof a nett' paragr as follows: "(i'_') For payments required from time to time under contracts entered into pursuant to section 109 of the Housin- and Community Ate• ?• ��• Development Art of 197 for payment of interest costs nn obligations guaranteed by the Secretary of IIousiing and Urban Development tinder that section.' 42 LSC sacs. (;) With respect to any obli .•ition issued by s unit of geseml•iocal government or designated, agency which such unit or a;ency has elected to issue as a taxable obli3.ttion pursuant to subsection (e) of this section, the interest paid on such obii-Iation shall be included in gross income for the purpose of chapter 1 of the lnte.-nal Revenue SSA Stat. 3. Code of W -L 26 UAC 1 NO.`tDtsCa23tL`r ►TSOSt it =- 42 MC x,.m. SM 100. (a) No person in the United State-- shall on the ground of race, color, national ori=n. or sea: be excluded from participat=ion ia, be denied the benefits of. or be subjected to discrminatwn under any program or activity funded in whole or in part with funds :Wade available under this title. (b) Whenever the Secretary deter -nines that a State or unit of general local Got•ernnnent which is a recipient of assistance under [itis title has failed to compiv with subsection (a) or an applicable res�ula- tion, he shall notify the Governor of such State or the chief executive officer of such unit of local-overnment of the noncompliance and sliml request the Gvyernor or tire' cltief executive odicer to secure compliance. If within a reasonable period of time, not to exceed maty days, tine Governor or the chief executive otlicer fails or feft»t to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and fnurctaons provided by title VI of the Civil Rights Act of 1901 (421 U -Sr— ; (3) exercise the powers anti functions provided for in section ill(a} of this Act; or (4) take such other sction as may be prorided by law. (c) When a matter is referred to the Attornev General pursuant to subsection (b), or whenever lie has reason to belieTe that a State government or unit of gencral local Government is cam -e -i in a pattern or practice in violation of the provisions of this section. file .Attorney General may bring a civil action in any alipropriate United Statei district court for such relief as may, be appropriate, including injunctive relief. • .I LABOR aTa:ta.aa6 42 USC 5310. See. 110..f111 laborers and mechanics employed by contractors or subcontractors in the performance of construction ioriC financed in whole or in part with ;rants received under this title snail be paid waves at razes not Ims than those prevailing on similarctmst:uction in the locality as determined by the Secretary of Labor in accordance with the Davis -Macon Act, as amended (i0 ii.S.G .:va—_T6a�) : Prm4eled, That chis section shall apply to the rehabilitation of residential prnperty only if such prnnrrty is designed for residential use for eight or marc fatnilies. The :�vcrctsry of Lrborshzli Laver, Kits respect to such !:ebur standards, fie aut!innty ani functions set forth in ltcort;anizatinn Nan \urnbereu 14 of 1900 (15 FJL ZITG; 64 SIAL S LSC app. 12GT) cull %Ttinn 2 of the Act of June 13, 1034, as arseutied (48 Stat. 40 v:C 275*. 148; 9C Li.S.C.276 (c)). CHAPTER IV CONTRACTORS RESPONSIBILITIES I. General Resnonisibilities of Contractors A. General Obligations Contractors bidding on non-exempt Federally involved construction contracts should carefully review the General requirements relative to affirmative action and non-discrimination stipulated in the Equal Employment Opportunity (EEO) Clause and the Federal EEO Bic Conditions, where applicable, which incorporate the voluntary minority utilization plan (Hometown Plan) and/or impose minimum minority untili- zation goals and timetables on contractors. Upon award of the Federally involved construction contract the contractor will be bound by the requirements of the EEO Clause and applicable Federal EEO Bid Conditions and must be able to demonstrate compliance with those requirements, including the designa- tion of a high level company official to assume the responsibility for the contractor's EEO Program. B. Notification of Specific Responsibilities Subsequent to award, but prior to the initiation of construction on a covered Federally funded or assisted contract, the prime contractor and all known subcontractors will be notified by the Federal Compliance agency, which awards or administers the contract, of the specific reporting and record keeping requirements under the EEO Clause (See 60-1 ) and Bid Conditions (See Appendix II). • -2- C. Notification of Subcontractor Each prime contractor and subcontractor shall include by reference the EEO Clause and applicable Bid Conditions in all advertisements or other solicitations for bids, and shall include the EEO Clause and applicable Bid Conditions in all contracts. Each prime contractor and subcontractor must provide written notice to each subcontractor of the specific reporting and record keeping requirements under the EEO Clause and applicable Bid Conditions. Upon award of a subcontract, each contractor shall immediately notify the Compliance Agency of the contract number, the subcontractor's name, dollar amount of contract, estimated start and completion dates, and the crafts which will perform work under the sub- contract. II. Obligations Under Federal EEO Bid Conditions. (See Attached Flow Chart on CONTRACTOR OVERVIEW) A. Hometown Plans Part I (Voluntary) Hometown Plans are Office of Federal Contract Compliance Programs (OFCCP) approved voluntary area -wide agreements between the construction industry and representatives of the minority community establishing craft goals and time- tables for minorities. The Plan and the signatory partici- pating parties in the Plan are incorporated in Part I of the Bid Conditions for the Plan area. - 3 - Contractors signatory to and participating in Depart- ment of Labor approved Hometown Plans and utilizing a local craft under Part I of the Bid Conditions are required to comply with the provisions of the Plan and the EEO Clause. Removal of contractors to Part II of the Bid Conditions and/or initiation of enforcement proceedings may be recommended to the OFCCP Regional Office by the Administrative Committee for a contractor's failure to meet Hometown Plan requirements. Such action may also be initiated directly by the OFCCP Regional Office for violation of the EEO Clause. B. Hometown Plan Part II. Appendix A (Imposed Plan) and Special Bid Conditions Contrators subject to Part II of the Bid Conditions (including contractors participating in the voluntary plan but utilizing craft(s) subject to Part II requirements) and those affected by Appendix A of an Imposed Plan, or Special Bid Condi- tions are required to: 1. Comply with the EEO Clause; 2. Meet the minimum goals and timetables for aggregate workforce utilization specified in the Bid Conditions and/or Appendix A in each covered craft on all covered work in the area under the Bid Conditions/Appendix A or provide DOCUMENTARY EVIDENCE of good faith efforts to implement the minimum acceptable affirmative action program; - 4 - 3. File monthly or as directed by the contracting or administering agency, beginning with the effective date of the contract, workforce utili - zation reports (Standard Form 257) reflecting the prime contractor's and each subcontractor's aggre- gate workforce in each covered craft within the area covered by the Bid Conditions (See Appendix II) and a one time listing of all Federally -funded or assisted contracts within the Bid Condition area by agency, contract number, location, dollar volume, percent completed, projected completion date, and .a listing of all covered non-federal work, subse- quent to the submittal of the first listing. Monthly reports, thereafter, should only include new contracts received and those contracts com- pleted; 4. Provide access to books, records, and accounts of all covered construction sites and documentary evidence of good faith efforts to the Compliance Agency and/or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose of conducting a review. When the Compliance Agency and the OFCCP have determined that the contractor has consistently met the minimum utilization goals i. a covered craft over an entire construction season, re- porting requirements will be changed from a monthly to a quarterly basis. However, if a contractor fails to meet the minimum - 5 - • utilization goals during any quarter, monthly reporting requirements will be reinstated. III. Enforcement (See Attached Flow Chart on CONTRACTORS OVERVIEW) A. Compliance Review Contractors failing to meet the minimum utilization goals specified in the Bid Conditions, or subject to outstanding allegations of discrimination in violation of the E.E.O. Clause will be subject to a thorough review of their implementation of the affirmative action program as specified in the Bid Conditions. and, where required, a thorough review of their compliance with the E.E.O. Clause. Contractors will be subject to general enforcement, as stipulated in Subpart B of CFR 60-1 at the discretion of the agency or the OFCCP. A compliance review conducted by the Compliance Agency will consist of the following (See Appendix III B): 1. A thorough review of the contractor's books, records and accounts and other relevant docu- ments. (If a contractor has met the specified minimum utilization goals for the aggregate workforce the contractor will be presumed to be in compliance with the requirements of the Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made.); - 6 - 2. Validation of the information presented will be made through on-site reviews of a sample of all of the contractors projects to determine whether the contractor has met its goals or has made a good faith effort to implement all of the affirm- ative action steps specified in the Bid Conditions, and has not violated the E.E.O.Clause. B. Remedial Commitments In the event that a contractor has failed to meet the minimum utilization goals and had failed to provide adequate docu- mentary evidence of good faith efforts to implement the minimum affirmative action program as specified in the Bid Conditions, the contractor will he given an opportunity at the conclusion of the compliance review to make specific written commitments, which will be signed by an officer of the company, to remedy all deficiencies identified during the review, provided that the contractor has not otherwise been found to have violated the E.E.O. Clause. If such commitments are made by the contractor and approved by the Compliance Agency, the Agency will find the con- tractor in compliance and initiate monitoring of the specific commitments. C. Notice of Intent to Initiate Actions Leading to Sanctions If the contractor fails to make, or having made, fails to implement adequate remedial commitments, and/or has been found - 7 - to have otherwise violated the E.E.O. Clause, the Compliance Agency will issue a show cause notice to the contractor pro- viding 30 days for the contractor to come forward with addi- tional evidence of its efforts to comply or to make adequate remedial commitments, and, where required, to demonstrate that it has not violated the E.E.O. Clause. If the contractor makes such demonstration(s) and/or commitments, the Compliance Agency will withdraw the show cause notice and place the contractor in compliance, provided that any violation of the commitments will cause the contracting agency to proceed with actions leading to sanctions. D. Initiation of Actions Leading to Sanctions If, during the 30 day period provided, the contractor, (a) fails to document adequate good faith effort to implement the minimum required affirmative action steps or fails to make ade- quate commitments to correct all deficiencies, or (b) where re- quired, fails to demonstrate that the E.E.O. Clause has not been violated, the Compliance Agency will initiate actions leading to the imposition of sanctions against the contractor, pursuant to 41 CFR 60-1.26. Upon such action by the Compliance Agency and approval by the OFCCP, the contractor will be notified that actions leading to sanctions have been initiated. The notice will state the rea- sons for the action and provide 14 calendar days for the contractor to request a hearing regarding the imposition of sanctions. - 8 - If no request for hearing is received within the 14 day period, the Compliance Agency and/or OFCCP will impose such sanctions as are deemed appropriate provisions of 41 CFR 60-1 , including cancellation, termination, debarment or ineligibility for further federally funded or federally assisted contracts. Upon receipt of a request for hearing, the Compliance Agency and/or OFCCP will arrange for and conduct a hearing on the issues outlined in 41 DFR 60-1 and 41 CRF 60-30. During the pendency of any such request for hearing, a contractor's other federally involved contracts may be suspended in whole or in part, pursuant to the provisions of 41 CFR 60-1. However, no sanctions or penalties specified in 41 CFR 60-1 or Executive Order 11246, as amended, may be imposed without the approval of the Director, OFCCP. The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlement of the issued and the final decision on the imposition of sanctions must be approved by the Secretary of Labor or the Director, OFCCP. IV. Technical Assistanra The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementation of the requirements of the E.E.O. Clause, Federal Bid Conditions and/or Appendix A upon receipt of a request for assistance from a contractor. Requirements for Contractors (See Rules and Regulations, Title 24, Part 135, Federal Recister, October 23, 1973) PURPOSE In the administration of any HUD funded program, to the greatest extent feasible: (i) importunities for training and employment arising in connection with the planning and carrying out of any pro-Ject assisted under any such program be given to lower income persons residing in the area of such project; and contracts for work to be performed in connection with any such project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of such project. REQUIREMENTS I. Section 3 Affirmative Action Plan A. Identification of Affirmative Action Officer, by name. B. Identification of firm or contractor, contracting a enc and .contract total dollar amount, scope of work, contract number, project number, description of project area, etc.) C. Employment 1. Trainees a. A listing by work categories of (i) total number of trainees to be utilized; (ii) number of those already on permanent work force; and (iii) number of those to be recruited and employed from project area; b. A detailed description of specific means to be utilized TO recruit project area residents, including specific identification of area organizations, advertising media, sign placement, etc.; C. Statement explain that contractor will maintain a list of all project residents app ying and records indicatin status of action taken, with reasons for such. 2. Skilled Employees Same as a. , b. and c. above. N 0. Businesses, Subcontractors, Vendors, etc. I. Listing of each category of goods and services to be utilized on subject contract, along with estimated dollar amount value of each, 2. Listing of dollar value planned to be awarded to project area businesses, subcontractors, vendors, etc.; 3. Detailed description of specific means to be taken to publicize, advertise, notify, etc., area businesses, etc of opportunity to become subcontractors, etc.; indicate specific organizations contacted, advertisements placed, etc.; 4. Records of actions taken to implement above-described plan, and reasons for such; 5. Insertion in bid documents/negotiation documents of contractors affirmative action plan, project area description, etc. E. Statement that all reports, records, etc., relating to the implementation of this Section 3 Plan will be open and available for inspection to authorized representatives of the DPoartment of Housing and Urban Oevelooment, the contracting aaenc . F. Statement that the Rules and Regulations, Title 24, Part 135, will be Posted consp"cuously in offices and places frequented by employees, applicants, prospective subcontractors, vendors, etc. G. Statement that the contractor and the Affirmative Action Officer will cooperate with the Department of Housing and Urban Development in complying with the Section 3 Regulations. H. Statement that the contractor will submit whatever reports are required by the Department of Housing and Urban Development. SPECIAL NOTE The Assistant Secretary for Equal Opportunity has been delegated the functions of the Secretary of Housing and Urban Development in administering programs pursuant to Section 3. The Assistant Secretary for Equal Opportunity will issue such further regulations in connection with his/her responsibilities under Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. as amended, 1701_u., as he/she finds appropriate and may, as needed, amplify any reaulations issued pursuant to Section 3, through guidelines, handbooks, circulars or other means. (ii) Require, in consultation with the Administrator of the Small Business dministration, that to t e greatest extent feasi e contracts for work to be performed in connection with any such project be awarded to business concerns including but not limited to individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabili- tation, maintenance, or repair, which are located in or owned in substantial part by persons residina in the area of such project. -2- 0 ! - - (b) In the development of these regulations the Secretary has consulted with the Secretary of Labor and the Administrator of the Small Business Administration and mutual agreement has been reached with respect to the coordination of emoloyment and training efforts and contracts awards under these regulations by the Department of Housing and Urban Development, the Department of Labor, and the Small Business Administration. (c) The regulations as set forth in this part, particularly Subparts C and D of this part, shall serve to define"to the greatest extent feasible" as that term is applied in section 3 of the Housing an Urban Development Act of 1968. (d) The Secretary will issue such further regulations in connection with his responsibilities under section 3 of the Housing and Urban Development Act of 1968, as he finds appropriate and may, as needed, amplify any regulations issued pursuant to section 3, through guide- lines, handbooks, circulars or other means. s 135.5 Definitions. As used in this part -- (a) "Applicant" means any entity seeking assistance for a project including, but not limited to mort agors, developers, legal public bodies, nonprofit or limited dividend sponsors, builders, or property managers. (b) Business concerns located within the section 3 covered project area" means those individuals or firms located within the relevant section 3 covered project area as determined pursuant to s 135 15, listed on the Department's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. (c) "Business concerns owned in substantial part by persons residing in the section 3 covered project area" means those business concerns which are 51 percent or more owned by -persons residinq within the relevant section 3 covered project as determined pursuant to J 135.15, owned by persons considered by the Small Business Administration to be socially or economically disadvantaged, listed on the Department's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. (d) "Contracting party" means any entity which contracts with a contractor for the performance of work in connection with a section 3 covered project. (e) "Contractor" means any entity which performs work in connection with a section 3 covered project. -3- i (f) "Department" means the Department of Housing and Urban Development. (g) "Lower income resident of the area" means any individual who resides witnin the area of a section 3 covered project and whose family income does not exceed 90 percent of the median income in the Standard Metr000litan Statistical Area or the county if not within a SMSA) in which the section 3 covered project is located. (h) "Political jurisdiction" means a politically organized community with a governing body having general government powers. (i) "Recipient" means any entity who received assistance for a project including, but not limited to, mortgagors, developers, local public bodies, nonprofit or limited. (j) "Secretary" means the Secretary of Housing and Urban Development. (k) "Section 3" means section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. (1) "Section 3 clause" means the contract provisions set forth in s 135.20(b). (m) "Section 3 covered project" means any nonexempt project assisted by any program administered by the Secretary in which loans, grants, subsidies, or other financial assistance are provided in aid of housing, urban plannin , development, redevelo ment, or renewal, public or community facilities, and new community development except where the financial assistance avaTlable under such Proqram is solely in the form of insurance or guaranty). Projects, contracts and subcontracts, connected with programs administered by the secretary under sections 235 and 236 of the National Housing Act, as well as an Public Housing Program and which do not exceed $500,000 in estimated cost are exempted from the requirements of this part, as is any subcontract of $50,000 or under on such projects or contracts in excess of 0,000. (n) "Subcontractor" means any entity (other than a person who is an employee of the contractor) which has agreed or arranged with a con- tractor to undertake a portion of the contractor's obligation or the performance of work in connection with a section 3 covered project. s 135.10 Delegation to Assistant Secretary for Equal Opportunity. Except as otherwise provided in this part, the functions of the Secretary referred to in this part are delegated to the Assistant Secretary for Equal Opportunity. The Assistant Secretary is further authorized to redelegate functions and responsibilities delegated in this section to employees of the Department, provided, however, that the authority to issue rules and reaulations under s 135.1 d may not be redelegated. -4- s 135.15 Determination of the area of a section 3 covered project. (a) The area of a section 3 covered project shall be determined as follows: (1) The boundaries of a section 3 covered project located: (i) Within a geoQraohic area designated as an urban renewal area pursuant to the provisions of title I of the Housing Act or 1949, 42 U.S.C. 1450; or (ii) Within a geographic area designated as Model Cities areas or Metropolitan Development Plan areas pursuant to the provisions of title I ofthe Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. 3301; or (iii) Within a geographic area designated as an Indian reservation (to include all territory within reservation boundaries, including fee patented roads, waters, bridges and lands used for agency purposes), shall be coextensive with the boundaries of that geographic area. (2) The boundaries of a section 3 covered project not located within a geographic area designated pursuant to Title I of the Housing Act of 1949, or Title I or the Demonstration Cities and Metropolitan Develo meet Act of 1966 shall be coextensive with the boundaries of the smallest political jurisdiction in which the project is located. (3) To the extent that goals (established pursuant to Subparts B, C, and D of this part) cannot be met within a section 3 covered project area as determined pursuant to paragraph (a) (1) of this section, the boundaries of the smallest political jurisdiction in which the section 3 covered project is located shall be designated as the relevant section 3 project area. The determination to apply this subparagraph shall be made by the Assistant Secretary for Equal Opportunity or by the same official designated by the Assistant Secretary for Equal Opportunity to determine the section 3 covered project area pursuant to paragraph (a) (1) of this section. (b) The Department's Regional Administrator, Area Office Director, or FHA Insuring Office Director, as appropriate, shall determine the boundaries of each section 3 covered project. S 135.20 Assurance of compliance with regulations. (a) Every contract or agreement for a grant, loan, subsidy, or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities, and new community development, entered into by the Department of Housing and Urban Development with resoect to a section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions or section 3,75e regulations set Torn in this part, an any app icao e rules and orders of the Department issued thereunder prior to approval of its application for assistance for a section 3 covered project. -5- (b) Every aoolicant, recipient, contracting party, contractor, and subcontract -or shall incorocrate, or cause to be incorporated, in all contracts for work in connection with a section 3 coveredproject-, the following clause referred to as a section 3 clause). A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employ- ment be aiven lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. B. The parties to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder. am F-- 6500, - rxhiblt 1 ts�aacz PRF7:0N', UCTICY CIMCXLIST FCR COM: UCTOiL",: " :D13 LABOR STANDARDS CON1RACT FwC�7iR.�"tr:S I. TNTRODIIC^.IO`1. The following checklist has been prepared to assist contractors and subcontractors in meeting contractual labor standar.-ds responsibilities. All. major ad=inistrative and procedural activities have bee covered in tie sequence they will occur as the construction project proceeds. Careful attention to and use of the c2:acklist should reault in a nlni- n n•=ber of problems with respect to labor standards. II. may►- (,kTCj-f rC^.'F:l. The word "eaployer" as aced below refora to the project contractor, each aubcontrsotor, or each lower -tier subcontractor. Payrolls and other docurentary evidence of cohp'_ionce (=--rked with (asterisk) ;ro ^eoui^ed to `e ount to the recipient for :"view Atli to be er_b fitted t'L,c••: the ect c-trictor). rhs delivery procedure ie to follows: A. Lac: lover -tier eubcontrac:or, after ca-reful review, submits required documents to the respoctive subcontractor. B. Each sutcor`trae--or, after checking his own and those of each lower - tier subcontractor he asy have, submits requirod documents to the contractor. C. The contractor, aftor revieving all payrolls and othor documentation, including his own, and correcting violations where necessarf, submitr, all to the roeipiant. All e"lovero shou?l.c`^ck each of the follci-n.: states -pts ae beim true. If any ctatexnt is not trio, the contractor or hie _ rtes^_ntat:ve Ko.e..►. o.C. 9/75 page 1 of 14 2. should contact the recipient for speci+sl guidanoo. III. PT R COti ,�2r,CT:CY E'riPtS T,AC' LO YM FIS1 1. Not boea debarred or otheivise ride iaoligible to p&rtioi- pato in any Fodersl or Fedorslly-•assisted project. B. Received aapropriate ccntraot provisions covering labor standards requIremanto. C. Ae'vicved and u deyttn!m all labor otandards oontract provis icr.s . D. ROCeivad the vege doeiaion ae pert of the contra-ct. . E. Requested.through the recipient and received the =tzt= wage for each classification to bo vorked Ca the prOJeot vhich vas not inoluded on the wage deoision by the e?,—" tia'v±l clx�saifics'.ica procece and before cllaaiaC any csah trades) to vork on the ?roJeOt. • T. Requested and received certification of his appreatico pro- the Stato'a Bareas of ipp- atloeahip and R`zaln`--^o and sut._itted copy t�e:a0: to s recipient prior to tloy- Gent on the pproject. Likeviae, "trainee" proms=� �rtifi- cation fron II. o. B. A. T. if applicable. cost be rsA3itted. O.C. .� -- - - - - -- - — - - — Pago 2 of 14 9/75 - - - - -- - - - • �.I 6500.3 txlubit - 3• IV. AT COI=RUC^.ION START n: Z CC!;TRA(":CR HAS: • A. Notified recipient of construction start date in writing. B. Hue placed each of the following on a bulletin board prominently located on the project site which can be oeen easily by the workers (and replaced if loot or unreadable any time dv.ring ` construction): Page Docision -- Notice to E=ploy-ees (L:3 1321) Safety and Eea.lth Protection on the Job (AOL) r. Before assig i.ng each project worker to work, has obtained i worker's r.&=, best railing address, and Sccial Security Humber (for payroll pu.;.osoe). • D, Ess obtained a copy of each app.eaiice's certificato with the apprentice's registration-,-=bor and his year of apprentice- ship from t::= State ?:A;. E. Ras infor--ed each worker of: 1. his wor}: classification (jc*=ey--an or jub title) as it will appear on th& payroll. KJD-Y..A- D.C. 9�iS �� Page 3 of 14 :6500:3 • �. i DdLibit 1 � •sAxe�ae�9 i t 2, hie duties of work. 3. the U. S. NPartr-nt of lAbor'Y require=ent on this .project that he is either s journey --.an, apprentico, or laborer - It journoy=an, he is to be paid journeyman's mini=m vage tate or more; It apprentice, he is to bo pail not loos than the apprentice's rate for the trade based on his year of apprenticeship; or If laboror, he is to do laborer's work only - not use any tool or tools of the trade - and not perfora arty part of a journeyman's wo2k - and is to be paid the labor-or's mL -Ii• -um wage rate o: more. p. Vndcrstaade the re:,uira=.ente teat each laborer or aachanic who perforza worklon the project in more than one Classification within i s same work week shall be classified and pain at the hi4ghest wago rate applicable to any of the voric which he performs unless the following r•squirements are cat: 1. Accurate daily ti --s records eha11 be maintained. ';'hese records -.,at show,tho timo worked.in each claasificm- tion and the rate of pay for each claesificLtion, 2nd sn:st: be siped by tho 6!)00.3 f bit d 5• 2. The payroll sha11 show the hours worked in each classification and the wage rate paid :or each classiflcatiay. 3. The payroll shall be signed by the wori=an or a signed copy of the d%ily time iaoord shall be attached thereto. G. Has info=,ed each vorke,r of his hourly wazda (not leas than the +ini:.= wage rata for hie work which is stated in the Vage Dacision). 1. tine and a calf for all work over 8 hours &ny day or over 40 hours any work week (see Contract Work Hours Safety Standards lct). 2. frino-e benefits, if ary (see YeZe L)ccioion for ary required). 3. deductions from his pay. H. Hs.s inforaod each woicar trat he in subjoot to beim, interTiewed on the job by the recipient or a EM, Depar tent of Labor, or other B. S. Goveirsent inspector, to confirm that his employer is coapZ,vLng with all labor ' requirements. I. Bari infpr-,.d each and each apprentice that a jov=ey:r-n count be on the 'ob at all r tilos whoa an apprentice is working. • 1. Each R:?. loy-er; 1. has not selected, aceig od, paid different pay rates to, transferred, up�7radod, demoted, '_aid off, nor r.� 1R1D..V.J). D.C. -- -- - -- Page 3 of 14 6. 1R10-W..A. O.C. - 9n5 - — - - - page 6 of 14 dismissed any project worker boaauso of raco, color, religion, Box, or national origin. 2s has employed all r©gietered apprenticau ruferred to him through nor -mal channels up to the applicable ratio of apprentices to 4ourneyssan in each trade used by the e=ployer. 3. will maint.:in basic e:ployment records accessible to inspection by the recipient Or C. S. Wvozr ant representatives. 4. is complying with all hselth tnd eafoty standaxtiis. 5. has paid all workers weekly. ~ • 6. has submitted weekly payrolls, a. prepared on recommended FOr3 V3-310: Available from — SuPerirtendcnt of Docuzents Cover.L-aent PrintL-%g Cffice Washington, D. C. 20402 Contractors who wish to parc*ase the forms stall be urged to enter their orders procptly because the Superintendent of Documents takes eix weeks to fall orders. It ie permissible :or co t^4t-+o—s to reproduce the fossa if the-, wich. Some e--ployers place all project workers on Payroll Fora L3-347. The recipient does of review those project worke.a linted on the payroll who perform - work which is descriptive of any of the following _._job titles which are exerpt from labor requirements: 1R10-W..A. O.C. - 9n5 - — - - - page 6 of 14 • 6500.3 ✓ fah t 7. project cuperintondent project engineer tuporvieory foresee (lees than 20% of tinea an a working foreman) meaeonger clerical workers tinukeopers payroll olarks bookkoopsrs Any altez-.&te parmll fora used should be cleared with HO bofore eaployxr starts work on pro�aot. A project printout by cocputer, for exa=ple, is acceptable provided all data shown and required on the front and baric of Payroll Form WE -347 is on, or 1 included with, payroll submitted to recipient. b. front PaCe of Payroll (Pow L3-347) HPadirr_ (6 "blccks" of im2o.—ation) 1) Faze of ?--mlcyor. NarA of explo7or is stated, thowirg whether contractor o_ e•.:bcontractor. 2) lddrege. Street &'.dress or P. 0. Boz, City, State, and Zip Code of Ezployer is stated. 3) Payroll ?t,=ber. Each weekly ;e;f_oll is nu-mbered 1n toquenti" order (starting with ?ai-toll NO. If =plover's wor:.-ers perfo= no physic&I vork on the prosect durirZ vozk week, he ren -- - — eubaitted a "no wozic" lattor for that work week. ►UQ•e.J� D.C. Page 7 of 1.4 9115 I F I I I Mr �aUp...►. D.C. �r 9/75 Page 8 of 14" - Payroll of employor's final work week on the project (completion of his work) is . marked "Final". !a) For Week Fhdir._. ;he last date of the work week is stated in this "block". -- - - - - - 5� Protect and ho ntiea. Ya=a of projoct and city in which located is stated. 6) Column 1 - Worker's NP -.e, as it appears on his pay check, is stated. Yorkers'. best :ailing adW^ess and social security nuaber is stated on P3;rroll Ho. 1 or the payroll on which his name first appears. If woricer charges his res :dentia. address while working on .he prosect, his new addresu is stated on nett appli- cable payroll. It any two or =ore workers have the same name, their social security r..:-bers are included on the payroll to note separate idontificaticn. 7) Colin 2 - To,. o' W'.tYho!-Jir-; Zre^ :ions is for c-ployer's convenionoo - not required by HOD to ba coapleted. 8 C-olv---n i - :ork Class ifica:ion (job Mr �aUp...►. D.C. �r 9/75 Page 8 of 14" - • i - 6500.3 ndtillit L 2 title) for the worker is included in the 'dW Decision and denotes the work that Worker actually performed. Notes If the applicable classification ie not included in the Nage Decision, contractor should call the recipient imOdiately, and request clascifica- tion by Additional Classification. Apyrentice. If worker ie an apprentice, his State 81': :rgiatration nurbor and year Of apprenticeship is included in this Colum the firot time the apprentice's Rare appoarG on the payroll. S2111 Clecefficatior.. If wortier has per- forr"ed more than one class of work durLng tie Work week, such ne carpenter and laborer, the division of work will be clown on r separate linea of the payroll. Accurate dailj time records show the exact hours of work perfort5ed daily in each claw of work, Lad axe aignol by the affected worl=_zn. "/ ►Zp.e.a� D.t. . p-0 9 of 14 - 9/75 - s�oo. 3 j 10. Each class of work he performed is stated in Colin j. L^. soparate "blocks". $is name is repeated in correeponding "blocks" in Colin 1. The breakdotirn.of houra worked daily under each work classification is stated in Coluaa 4, and total for week in Coluaa 5. The applicable wage rate for each claasi- fication of work is stated in ColuW-•i 6. The payroll is signed by the wor'smaa in tho related "blocks" or a signed copy of tho daily ti --9 records a, -e attached to the payroll. If the above is not done, the worker is paid at least the hits:est cinis:m vage rate of all of the classes of work per- formed for all hours worked. Xotes• Averaoe Pav of 'fro C?ane22 of Y.rk `"ot Acce71tad. The employer shall not pay a "soml-+ou--ie;+an" or semi -skilled labors: the sversTe of join-noy--an's and laborer's rates. n.a actual hours each worker uses tools of trade (jou,-noy_an) s.:d each hour he does not =0 tools of ti.J trade (laborer) c•.0 t be KJD-Wd, O.C. Paga 10 of 14 6500, i t:�t� Mh ic 11. recorded in separate "blocks" in Column 3 of the payroll. Helper, The work ciaocin cation of "helper" isnot accepted by the Devmrtaent of EUD, un- less included in the Ware Decision issued by the Secretary of Labor for the project. Any employee listed as "helper" in absence of such classification in Wage Decision aunt be paid the jorrney�n's rate for hours ho uses tools of the trade. 9) Colu-•n 4 - Eours Worked, Fzch Dsv .and Date, for work week axe stated. Cverti= F'eure ("0"), if any, 3 -re stated separately eran strsie. t hours ("S") - over :8 hours arty day or over 40 hours ary v^rk Weak. 10) Col•,-*- i - Totvl Fours worked d•.iring the work week are stated (the sun of subcolu=ns in Colum 4) - straight and overti.ce hour -s recorded separately. 11) Coluyt 6 - ?ate of Fa•r, not less than the tiini== w&V rate for the work classification (coe W3.se Dacis=ou) is stated. __�j}R Ovtrtir_e Rata of Pav is not less than 1-1/2 Lues the vot9 or's basic (straight) Aourly late bf pay (Contract York hours •...,r.•ews-----'7--•r-r��.�"'...=: �.','"�"`-'t`�;r_-�+_-�--y^.,,-"-'_"'�..+-,--"'-^".'Tiae�T'"_�..�e�.---- cr, MO-v,A. O.C. 9/75 • � G�C0�7 i �ri , s 12. Safety Standardo ,tot). AUrentjceo. If a copy of the approntice's registration certificate from thn State BAT has not been aubmitted to rucipient by employer (throu&h contractor), apprentice list be paid jouanorx,n's rata. Piece Vorker. Piece work anuit be stated in Coll'— 6 at an hourly rte, the Grose pay for the work week (work on the project) d vided by ~ the total number of hours worked on the project during the work weer.. Colu= 7.- Groes rt F --med e:,:.;ls otraight hours shown in Coli: --n $ times strait roto of Pay shorn in Colt: 6, plus o•rorti.ae hc.ua (if WO Showa in COlur-1 $ ti=es ore: -ti --e rate of pay shown in Colum 6. 12) Cola -m 8 - :�-ducti^na. Faa h deduction nada is required by law, Toluntarily authorized by the worker in writing before the work week began, or provided :n a basga:ning agxvement to Do deducted from the respective voricer's pay. Yj) Col'—' -n 9 - `;et W -"t' stared are Coln._. -n 7 pinus total deductions al--wn in Colin 3. 14h?r,d� O.C. 9/75 Page 12 of 14 �•• t�chilait 1 13. , C. Rick of Payroll (Form V•d-347) 1) Such D.ployer hens Completed all blank al,aces and understands the penalties for falsification. eheckod Item 4 if fr se_ benefits aro in - eluded in the Wago Tociaion for any of his workers - 4(a) - if fringe benefits are paid to approved P nd(e), or 4(b) - paid directly to each affected worker - inclined in pay check for the work week - his paycheck repre- tenting at least the pay of the appli- cable m nl­ n wage rate plus the smount of required frinCt benefits. ranually signed tra payroll in the "block" marked sig atuxe, and stated his titlo. She person who siCned the payroll is the employer or az official of the employer who • legally is ruthorized to act for the erpioyer. • d. t'cckiv Payroll Rev_2v. Each e--ploy-or has prorptiya rovlewsd the weekly pa�rroll for c=pliance with all labor requireoents (using this check list) .�a..... .t /CJD-M..A. D.C. "d - -- — - Page 13 of 14 —. - - 9/75 14. and made nccocaa:7 corroctiono. Each Lower -tier nubcontractor has submitted his weekly payroll or "no work" letter to the respective oubcontractor for the sub- contractor to have received within 3 calendar days from the last date of the work week. Foch Subcontractor has received a payroll or "no work" letter frog each of his lower -tier subcontractors, reviewed each and his own ' payroll, required necessary corrections, and submitted all of such payrolls to the eon - tractor to have received within j calendar days from the last date of the work week. Contractor has received a payroll of "no work" lotter from each subcontractor and each lower -tier subcontractor, noaitorod each including his own payroll, required F` necessary corrections, and collectively rubmitt^d the= to the recipient within ' 7 work d yv of the last date of the ' respective work week. ii . 1=2 MC, T ^^: C•i ^ Each Erploye: will: keep all weekly ,^ayrolis on the ;roject for 3 yeara after the : contractor's pro.4ect cocpletion date. MA)M.,h. D.C. \.. - - ---- 9/75 - -- - - - - -- — ---Page. 14 of 14 Company Date Officia: Signature Printed dame 1'mP0RTA,K P! EASE- PURPOSE ASE PURPOSE OF THE SECTION 3 PLAN This plan exists in order to insure that to the greatest extent feasible a good faith effort will be made to: .•1 - Provide an opportunity for training and employment to low -moderate income residents of the project area. 2 - Provide businesses located in the project area with the opportunity- Provide become subcontractors and/or vendors. In order to accomplish the above all potential contractors must sign the Contractor's Compliance Form contained in this section. In addition all potential contractors must complete the Contractor's Section 3 Plan. This plan indicates what actions, it any, are proposed for hiring project area residents and for subcontracting .•iith project area businesses. A list of project area businesses and a list of organizations concerned with the employment of project area residents is included in this Section in order to assist you then filling out th:. Contractor's Section 3 Plan. Also included in this Section is a Trainee Utilization Plan and a Skilled Employee Utilization Plan. The successful bidder would be required to submit these 2 forms monthly with the Monthly Employment Utili- zation Report (SF 257). PLEASE NOTE: The successful bidder is the one with the lowest bid. Each bidder hoviever crust sign the Contractor's Compliance Form and comnl�tz! the Contr�!ctor's Section 3 Plan. 0 i 1 • j Bate: ! Project „o: - • Locatior•: ^;,--•= �j - for _ - - es Ae ne pro; ect iL Seq'1== e_:�s c:' sec= L- r .....s �.=---.;'"� =_'zt) is s_b,e=t to t!:e AS a.:.eAG7 r! •^ _:I:: Oi -,-e..ats_.3-and :J_r^_•^- Ze"'e;c-ZM=_;= rtC�- Of C^�' e_, V,Jr�• 1�V��i. :,-c-_CII j ^'"-25 thatyi0 =n4_�'yv, extent feasible c;._c t=- -;es .c= t --Z4 _ , inc--=e re is _n- - -n a:. a .:� _o;=•:en r e �_•:e,- s s c: t a arc;, ec- area and C=m -':-acts for frith the pr^;,_- ca oz,�e in subst:.. y -s' c ceras u_cZ are ?oC• is cr - (app? scant j (= - n -- en,:; s^-', o. s_oa o _ r::s l� - C ._ _ carry Cut t••e - :=visions of sG_ Sect—. In 24and -_ _ °_s _ss%,p_ .ant -_ _ �eand all apnl-.-a,ie rul-s and o�•de -�'. ``Gnr Jtp.� G���'C, C.". y.^. .. �_ G_�, �i^v• J aS:i of this vJ•' y - � = / ��: _-.,`p-. :nS 1 ^p. ...p r• r of • � 4�e •.. O1 y.� t ,__•_vim•.. b•J ��•'e� -� _.ly _.�r _ -_r... _.•._v_.. � _n �. _ _ r •• .• r _ v ••. n .+ y _ • Or O:•^e.^. _.- •I_rSVG t_-� _ _ �L••-_ •-� ver-.. 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C :1 "a.^� �„ ra l_ --eS1e Hs and Cr'Ierz o: se ret -C y::2 G:. • __•= ?-^ of _C'- (jLrares`nw--V_'-_r% 7 S'.111 Se ......_`.� : C� :: `_'- S1:Ce 7: J•'_1_=� to _SS=ry- successor s _._ ess_;ns =--'�= =^ •' -_ t: e _ - , , ^ _; - - two (a �'._c'.... � (_ dC �-• `"'- �• :2 `-^L" _ _ �en..5`S:._1_ L;_„ -,-y N ' v� ?t:- � •fie _ ..?• � _-_ _ - •• !•1•�� �JJ I .y c.: C: Jug _ "`e• �. _ to •�{ C•S d_�-J rJ the S, - a yV-•• .r_ _.. � ♦yJ v�,-C: .•JV_.� sStich$zrct_c: aCt_r-_..-erC.. a.: (=�=_�-,-_)SCC..:-)2 .o Adt:re s s ; 0:: ic_ L'2,.,,-rC.J:,..'//•�� �-t�-(Y - I Zit C"- /.•_••v-_ CONTRACTOR'S SECTION 3 PLAN 1 - flame of Firm Address Phone 2 - Project Name/Description Project Location Please use additional sheets if needed. 3 - Emoloyr^ent a - Co you ex;.ect to hire any project area residents? fes "+0 b - If yes ho -a many? Trainees Skilled Er;,pl oyees Total c - What organizations, if any, from the attached list do you intend to notify? d - 14hat publications .rill you use for employment notices? 4 - Subcontractors a - Do you expect to use project area businesses as subcontractors or vendors? YES NO b - If yes how many? c-= What businesses, if any, from the oroject area will you request bids from? Plan prepared by Name Date Position ATTACHMENT B - Section 3 Plan All bid packages must contain the follolaing information: 1 - Purpose of the Section 3 Plan t - Contractor's Compliance Form 3 - Contractor'•s Section 3 Plan _4 - Trainee Utilization Plan 5 - Skilled Employee Utilization Plan 6 - List of organizations concerned with the employment of lo;i-modera,.p income persons. i- List of project area businesses. F• . • TRJ1(LE • R This fors, is to be submitted with the Monthly Cmtployi, nt Utilization Report (SF 257). If more space is needed, please continue on other side of page. CONTRACTOR'S NIX, E: ADDRESS: TELEPHONE: PROJECT NAIME: ADDRESS: 1- Total number of trainees to be utilized on this project? Please list by work category. - -_ # OF TRAINEES WORK CATEGORY 2- Total nurber of trainees currently on your permanent work force? Please list by .,ork category. x OF TRAINE=S WORK CATEGORY 3- Total number of trainees currently to be recruited and hired from the project area? 4 OF TRAINEES t':ORf: CATEGORY DATE CO",ii-PANY OFFICIAL'S SICTUP, Z D T1TLE S LCD UMPLOYCC iii IL_i,_�11i)_'l _I_!� This form is to be submitted with the Mon(.hly Fmployment Utili,--a Lion Repor' (SF 257). If more space is needed please continue on Lhe►• side of Fuge. CONTRACTOR' S NIPWIE: ADDRESS: TELEPHONE: PROJECT iia••";E : ADDRESS: 1- Total Number of skilled employees to be utilized on this project? Please list by work category. OF SKILLED E!,!PLOYEES WORK CATEGORY 2- Total Number a, Lkilled employees currently on your permanent work force? Piea:e list by category. , T OF SKILLED E','PLGYEES 4;ORK CATEGORY 3- Total `;umber of skilled employees currently to be recruited and hired from the project area? OF SKILLED E"PLOYEES WORK CATEGORY DATE CO!IPANY OFF:C.T."V S SIGNATURE +D TITLE CONTP.ACTIiIC OPPORTUNITIES FOR ;MINORITIES AND FEMALES NA;'E OF PROJECT. PROJECT NWIBER: MUNICIPALITY: --------------- 00;•1PANY NAME: ADDRESS: TOW4, STATE, ZIP: SIGNATURE: TITLE: DATE: PERIOD OF CONSTRUCTION: FROM -.TO: month/yearmonth/year Is your company minority or female oarned? yes=1 no 1 Is your company subcontracting any part of this contract, to a minority or female o;•;ncd business? es F-1 y Y no �� If you answered yes to either question above, please check each box that applies to your company: Ma 1 e Q Female CT Black Hispanic C� Native American 0 other rl specify Amount of Contract Check each box that applies to your sub -contractor male female black Hispanic Native_American U other specify, a Amount of Subcontract j .Name of Subcontractor F* _.__. * This do,ument has important legal consequences; consultation wi respect to its completion or modification. wit E K an attorney is encouraged \+ith STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT rr® • SpECIFICAT1OryS `NGi Eh sOJd�� y \1�/� 0111 u N Jointly Issued by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS INSTITUTE © 1978 National Society of Professional Engineers 2029 K Street, N.W., Washington, D.C. 20006 American Consulting Engineers Council 1015 15th Street, N.W., Washington, D.C. 20005 Construction Specifications Institute 1150 17th Street, N.W., Washington, D.C. 20036 These General Conditions have been prepared for use with the Owner -Contractor Agreements (NSPE- ACEC Document 1910-8-A-1 or 1910-8-A-2; CSI 56467, 56468, 1978 editions). Their provisions are interre- lated and a change in one may necessitate a change in the others. Comments concerning their usage are con- tained in the Commentary to the Documents, NSPE-ACEC 1910-9, 1978 edition. 1910-8 NSPE/ACEC (1978 Edition) CSI 56465 Reprinted 7-80 5M 4 NAW 6 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title sage 1 DEFINITIONS ............................................. 8 2 PRELIMINARY MATTERS .................................. 9 3 CONTRACT DOCUMENTS: INTENT AND REUSE ....................................... 10 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS ....................................... 10 5 BONDS AND INSURANCE ....... :........................... 11 6 CONTRACTOR'S RESPONSIBILITIES ......................... 12 7 WORK BY OTHERS ........................................ 16 8 OWNER'S RESPONSIBILITIES ............................... 17 9 ENGINEER'S STATUS DURING CONSTRUCTION ............... 17 10 CHANGES IN THE WORK ................................... 18 11 CHANGE OF CONTRACT PRICE ............................. 18 12 CHANGE OF THE CONTRACT TIME ......................... 21 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................ 21 14 PAYMENTS TO CONTRACTOR AND COMPLETION............ 22 15 SUSPENSION OF WORK AND TERMINATION .................. 25 16 ARBITRATION ............................................ 26 17 MISCELLANEOUS ......................................... 27 3 k w INDEX TO GENERAL CONDITIONS Article or Paragraph Before Starting Construction Number Acceptance of Insurance 5.13 Access to the Work 13.2 Addenda -definition of (see definition of Specifications) 1 Agreement -definition of I All Risk Insurance 5.6 Application for Payment -definition of 1 Application for Payment, Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment -review of 14.4 thru 14.7 Arbitration 16 Availability of Lands 4.1 Award -Notice of -defined I Before Starting Construction 2.5 thru 2.7 Bid -definition of I Bonds and Insurance -in general 5 Bonds -definition of I Bonds, Delivery of 2.1, 5.1 Bonds, Performance and Other 5.1, 5.2 Cash Allowances 11.10 Change Order -Definition of 1 Changes in the Work 10 Claims, Waiver of -on Final Payment 14.16 Clarifications and Interpretations 9.3 Cleaning 6.17 Completion 14 Completion, Substantial 14.8, 14.9 Conference -Pre -Construction 2.8 Construction Machinery, Equipment, etc. 6.4 Continuing Work 6.29 Contract Documents -definition of I Contract Documents -intent and reuse 3 Contract Documents -reuse of 3.5 Contract Price, Change of I I Contract Price -definition I Contract Time, Change of 12 Contract Time -Commencement of 2.3 Contract Time -definition of I Contractor -definition of I Contractor May Stop Work or Terminate 15.5 Contractor's Continuing Obligation 14.15 Contractor's Duty to Report Discrepancy in Documents 2.5, 3.2 Contractor's Fee -Costs Plus 11.6 Contractor's Liability Insurance 5.3 Contractor's Responsibilities -in general 6 Contractor's Warranty of 1 itle 14.3 Contractual Liability Insurance 5,4 Copies of Documents 2.2 Correction or Removal of Defective Work 13.11 Correction Period, One Year 13,12 Correction, Removal or acceptance of Defective Work --in general 13.11 thru 13.14 Cost of Work l 1.4, 11.5 Costs, Supplemental 11,4.5 2 s 4 „ 5 Day -definition of 1 Defective Work, Acceptance of 13.13 Defective Work, Correction or Removal of 13.11 Defective -definition of 1 Defective Work-in general 13 Defective Work, Rejecting 9.4 Definitions 1 Delivery of Bonds 2.1 Disagreements, Decisions by Engineer 9.9, 9.10 Documents, Copies of 2.2 Documents, Record 6.19 _ Documents, Reuse 3.5 Drawings -definition of I Effective date of Agreement -definition of 1 Emergencies 6.22 Engineer-defintion of I Engineer's -Notice Work is Acceptable 14.3 Engineer's Responsibilities, Limitations on 9.11 thru 9.14 Engineer's Status During Construction -in general 9 Engineer's -Recommendation of Payment 14.4, 14.13 Equipment, Labor, Materials and 6.3 thru 6.6 Equivalent Materials and Equipment 6.7 Fee, Contractor's -Costs Plus 11.6 Field Order -definition of 1 Field Order -issued by Engineer 10.2 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment, Recommendation of 14.13, 14.14 Final Payment and Acceptance 14.13 General Requirements -definition of 1 General Provisions 17.3, 17.4 Giving Notice 17.1 Guarantee of Work -by Contractor 13.1 Indemnification 6.30 thru 6.32 Inspection, Final 14.11 Inspection, Tests and 13.3 thru 13.7 Insurance, Bonds and -in general 5 Insurance -Certificates of 2.7 and 5 Insurance, Contractor's Liability 5.3 Insurance, Contractual Liability 5.4 Insurance, Owner's Liability 5.5 Insurance, Property 5.6 thru 5.12 Intent of Contract Documents 3.1 thru 3.4, 9.12 Interpretations and Clarifications 9.3 Investigations of Physical Conditions 4.2 Labor, Materials and Equipment 6.3 thru 6.6 Laws and Regulations 6.14 Liability Insurance -Contractors 5.3 Liability Insurance -Owners 5.5 Limitations on Engineer's Responsibilities 9.11 Materials and Equipment -furnished by Contractor 6.3 Materials or Equipment -Equivalent 6.7 Miscellaneous Provisions 17 Modification --definition of 1 5 c Notice, Giving of 17.1 Notice of Award -definition of I Notice of Acceptability of Project 14.13 Notice to Proceed -definition of I Notice to Proceed -giving of 2.3 "Or -Equal" items 6.7 Other Contractors 7 Overtime Work -prohibition of 6.3 Owner -definition of I Owner May Correct Defective Work 13.14 Owner May Stop Work 13.10 Owner May Suspend Work, Terminate 15.1 thru 15.4 Owner's Duty to Execute Change Orders 11.8 Owner's Liability Insurance 5.5 Owner's Representative -Engineer to serve as 9.1 Owner's Responsibilities -in general g Owner's Separate Representative at Site 9.8 Partial Utilization 14.10 'Partial Utilization -Property Insurance 5.14 Patent Fees and Royalties 6.12 Payments to Contractor -in general 14 Payments, Recommendation of 14.4 thru 14.7.5 Pre -construction Conference 2.8 Performance, and other Bonds 5.1 thru 5.2 Permits 6.13 Physical Conditions -Investigations and Reports 4.2 Physical Conditions, Unforeseen 4.3 Preconstruction Conference 2.8 Preliminary Matters 2' Premises, Use of 6. l6, 6.17, 6.18 Price -Change of Contract 11 Price -Contract -definition of I Progress Payment, Applications for 14.2 Progress Schedule 2.6, 14.1 Project -definition of I Project Representative, Resident -definition of I Project Representation -Provision for 9.8 Project, Starting 2.4 Property Insurance 5.6 thru 5.12 Property Insurance -Receipt and Application of Proceeds 5.11, 5.12 Property Insurance -Partial Utilization 5.14 Protection, Safety and 6.20 thru 6.21 Recommendation of Payment 14.4, 14.13 Record Documents 6.19 Reference Points 4.4 Regulations, Laws and 6.14 Rejecting Defective Work 9.4 Remedies Not Exclusive 17.5 Removal or Correction of Defective Work 13.11 Resident Project Representative -definition of I Resident Project Representative -provision for 9.8 Responsibilities, Contractor's 6 Responsibilities, Owner's g Reuse of Documents 3.5 Royalties, Patent Fees and 6.13 6 Safety and Protection 6.20 thru 6.21 Samples 6.23 _4 Schedule of Shop Drawing Submissions 2.6, 14.1 Schedule of Values 2.6, 14.1 Shop Drawings and Samples 6.23 thru 6.29 Shop Drawings -definition of I Site, Visits to -by Engineer 9.2 Specifications -definition of I Starting Construction, Before 2.5 thru 2.9 Starting the Project 2.4 Stopping Work -by Contractor 15.5 Stopping Work -by Owner 13.10 Subcontractor -definition of I Subcontractors -in general 6.8 thru 6.11 Substantial Completion --certification of 14.8 Substantial Completion -definition of I Subsurface Conditions 4.2, 4.3 Supplemental Costs 11.4.5 Surety -consent to payment 14.12, 14.14 Surety -notice of changes 10.5 Surety -qualification of 5.1, 5.2 Suspending Work, by Owner 15.1 Suspension of Work and Termination -in general 15 Superintendent -Contractor's 6.2 Supervision and Superintendence 6.1, 6.2 Taxes -Payment by Contractor 6.15 Termination -by Contractor 15.5 Termination -by Owner 15.2 thru 15.4 Termination, Suspension of Work and -in general 15 Tests and Inspections 13.3 thru 13.7 Time, Change of Contract 12 Time, Computation of 17.2 Time, Contract -definition of I Uncovering Work 13.8, 13.9 Unit Prices 11.3.1 Unit Prices -Adjustment of 11.9 Use of Premises 6.16, 6.17, 6.18 Values, Schedule of 14.1 Visits to Site -by Engineer 9.2 Waiver of Claims -on Final Payment 14.16 Waiver of Rights by Insured Parties 5.10 Warranty and Guarantee -by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access to 13.2 Work by Others -in general 7 Work, Cost of 11.4, 11.5 Work Continuing During Disputes 6.29 Work-defintion of I Work, Neglected by Contractor 13.14 Work, Stopping by Contractor 15.5 Work, Stopping by Owner 15.1 thru 15.4 GENERAL CONDITIONS ARTICLE i—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement—The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment—The form accepted by ENGINEER which is to be used by CONTRACTOR in re- questing progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. Bid—The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds—Bid, performance and payment bonds and other in- struments of security. Change Order—A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. Contract Documents—The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Condi- tions, the Specifications, the Drawings as the same are more specifically identified in the Agreement, together with all ;Modifications issued after the execution of the Agreement. Contract Price—The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement. Contract Time—The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR—The person, firm or corporation with whom OWNER has entered into the Agreement. day --A calendar day of twenty-four hours measured from midnight to the next midnight. to defective—An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or defi- cient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment. Drawings—The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. effective date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER—The person, firm or corporation named as such in the Agreement. Field Order—A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 10.2 but which does not involve a change in the Con- tract Price or the Contract Time. General Requirements—Sections of Division I of the Specifi- cations. Modification—(a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement. Notice of Award—The written notice by OWNER to the ap- parent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed—A written notice given by OWNER to CONTRACTOR ( with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligation under the Contract Documents. OWNER—The public body or authority, corporation, associ- ation, partnership, or individual with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Project—The total construction of which the Work to be pro- vided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative— The authorized representa- tive of ENGINEER who is assigned to the site or any part thereof. C 0 Shop Drawings—All drawings, diagrams, illustrations, sched- ules and other data which are specifically prepared by CON- TRACTOR, a Subcontractor, manufacturer, fabricator, sup- plier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perform- ance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distrib- utor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and work- manship as applied to the Work and certain administrative details applicable thereto. Subcontractor—An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion—The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by his definitive certificate of Sub- stantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was in- tended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. Work—The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Aeree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the General Require- ments) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the effective date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Con- tract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CON- TRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof or should rea- sonably have known thereof. 2.6. Within ten days after the effective date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review and acceptance an estimated progress schedule in- dicating the starting and completion dates of the various stages of the Work, a preliminary schedule of Shop Drawing submissions, and a preliminary schedule of values of the Work. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in ac- cordance with paragraphs 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish proce- dures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT AND REUSE Intent: 3.1. The Contract Documents comprise the entire Agree- ment between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2_ The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, CONTRACTOR finds a con- flict, error or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once and before pro- ceeding with the Work affected thereby; however, CON- TRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.3. It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Draw- ings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with such meaning. Refer- ence to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard spec- ification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specifica- tion, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3. 3.4. The Contract Documents will be governed by the law of the place of the Project. Reuse of Documents: 3.5. Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the Draw- ings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. 0] ARTICLE 4—AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed, rights-of-way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Ease- ments for permanent structures or permanent changes in ex- isting facilities will be obtained and paid for by OWNER, un- less otherwise provided in the Contract Documents. If CON- TRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions—Investigations and Reports: 4.2. Reference is made to the Supplementary Conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by ENGINEER in prepa- ration of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Unforeseen Physical Conditions: 4.3. CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing mate- rially from those indicated or referred to in the Contract Documents. ENGINEER will promptly review those condi- tions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Docu- ments, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorpo- rating the necessary revisions. Reference Points: 4.4. OWNER shall provide engineering surveys for con- struction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Require- ments), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approsal of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replace - ment or relocation of such reference points by professionally result of an offense directly or indirectly related to the qualified personnel. employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; ARTICLE 5—BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise pro- vided by law. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by the bidding docu- ments or Supplementary Conditions and be executed by such Sureties as (i) are licensed to conduct business in the state where the Project is located, and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the Surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of clauses (i) and (ii) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to OWNER. Contractor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether such performance is by CON- TRACTOR, by any Subcontractor, by anyone directly or in- directly employed by any of them, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.3. Claims for damages insured by personal injury liability coverage «hich are sustained (i) by any person as a 5.3.5. Claims for damages, other than to the Work it- self, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; and 5.3.6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Condi- tions, or required by law, whichever is greater. The com- prehensive general liability insurance shall include completed operations insurance. All such insurance shall contain a provi- sion that the coverage afforded will not be cancelled, materially changed or renewal refused until at least- thirty days' prior written notice has been given to OWNER and ENGINEER. All such insurance shall remain in effect until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing or replacing defec- tive Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insur- ance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by law). This insurance shall include the interests of OWNER, CON- TRACTOR and Subcontractors in the Work, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, • architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such por- tions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 shall contain a provision that the coverage afforded will not be cancelled or materially changed until at least thirty days' prior written notice has been given to CONTRACTOR. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance as may be required by the Supplemen- tary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work. 5.8. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR or Subcontractors in the Work to the extent of any deductible amounts that are provided in the Supple- mentary Conditions. If CONTRACTOR wishes property insurance coverage within the limits of such amounts, CONTRACTOR may purchase and maintain it at his own expense. 5.9. If CONTRACTOR requests in writing that other spe- cial insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof shall be charged to CONTRACTOR by appropri- ate Change Order. Prior to commencement of the Work at the site, OWNER will in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.10. OWNER and CONTRACTOR waive all rights against each other and the Subcontractors and their agents and employees and against ENGINEER and separate contrac- tors (if any) and their subcontractors' agents and employees, for damages caused by fire or other perils to the extent cov- ered by insurance provided under paragraphs 5.6 and 5.7,in- clusive, or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. OWNER shall re- quire similar written waivers by ENGINEER and from each separate contractor, and CONTRACTOR shall require simi- lar written waivers from each Subcontractor (in accordance with paragraph 6.11 as applicable); each such waiver will be in favor of all other parties enumerated in this paragraph 5.10. Receipt and Application of Proceeds: 5.11. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 shall be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of para- graph 5.12. OWNER shall deposit in a separate account any 12 0 money so received, and he shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. 5.12. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make settle- ment with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall upon the occurrence of an insured loss, give bond for the proper performance of his duties. Acceptance of Insurance: 5.13. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accor- dance with paragraphs 5.3 and 5.4 on the basis of its not com- plying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR will notify OWNER in writing thereof with- in ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR will each provide to the other such addi- tional information in respect of insurance provided by him as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial UtiliZatlon—Property Insurance: 5.14. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work, such use or occupancy may be accom- plished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 --CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTR.-%CTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto 11 lJ and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Docu- mertts. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be solely respon- sible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Con- tract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Sup- plementary Conditions, all Work at the site shall be per- formed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. CONTRACTOR shall furnish all materials, equip- ment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, tele- phone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial oper- ation and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 6.6. All materials and equipment shall be applied, in- stalled, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufac- turer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. Equivalent Materials and Equipment: 6.7. Whenever materials or equipment are specified or de- scribed in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, 13 0 fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no sub- stitution is permitted, materials or equipment of other manu- facturers, fabricators, suppliers or distributors may be accepted by ENGINEER if sufficient information is submit- ted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER will be as set forth in paragraphs 6.7.1 and 6.7.2 below as supplemented in the General Requirements. 6.7.1. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certify- ing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the .Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorpora- tion or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available mainte- nance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from accept- ance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGI- NEER's prior written acceptance. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. 6.7.2. ENGINEER will record time required by ENGI- NEER and ENGINEER's consultants in evaluating substi- tutions proposed by CONTRACTOR and in making changes in the Drawings or Specifications occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reinburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating any proposed substitute. Concerning Subcontractors: 6.8. CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), I whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. If OWNER or ENGINEER after due investigation has reason- able objection to any Subcontractor, other person or organi- zation proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substi- tute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom CONTRACTOR has reasonable objection. 6.9. CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or orga- nization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which speci- fically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.10. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 through 5.8. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assurne all costs incident to the use in the performance of the Work or the incorporation in the Work of any inven- 14 0 tion, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGI- NEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the ex- istence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copy- rights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any inven- tion, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in con- nection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary - Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CON- TRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. Laws and Regulations: 6.14. CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. if CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any nec- essary changes shall be adjusted by an appropriate Modifica- tion. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such laws, ordi- nances, rules and regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by him in accor- dance with the law of the place of the Project. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract DOCUrnents, and shall not unreasonably encumber the premises with construc- tion equipment or other materials or equipment. 1) E • 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste ma- terials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the prem- ises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order and an- notated to show all changes made during the construction process. These shall be available to ENGINEER for exam- ination and shall be delivered to ENGINEER for OWNER upon completion of the Work. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall pro- vide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons who may be affected thereby, 6.20.2. all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and . 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordi- nances, rules, regulations and orders of any public body hav- ing jurisdiction for the safety of persons or property or to pro- tect them from damage, injury or loss; and shall erect and maintain all necessary safeguardsJor such safety and protec- tion. CONTRACTOR shall notify owners of adjacent prop- erty and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except darnage or loss attribut- 15 17J able to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable. 6.21. CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRAC- TOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent there- - to, CONTRACTOR, without special instruction or authoriza- tion from ENGINEER or OWNER, is obligated to act to pre- vent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Docu- ments caused thereby. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for review and approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8), five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Draw- ings will be complete with respect to dimensions, design cri- teria, materials of construction and like information to enable ENGINEER to review the information as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Docu- ments. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.25. At the time of each submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval shall be only for conformance with the de,ign concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or pro - • cedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that CONTRACTOR has re- viewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.27. Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed and approved by ENGINEER. 6.28. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from re- sponsibility for any deviations from the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and main- tain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by law, CON- TRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or ornission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 6.31. In any and all claims a.-ainst OWNER or ENGI- NEER or any of their agents or employees by any employee of CONTRACTOR, any Subcontractor, anyone directly or indi- rectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limita- tion on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcon- tractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7—WORK BY OTHERS 7.1. OWNER may perform additional work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefor which shall contain General Conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct con- tracts (or OWNER, if OWNER is performing the additional work with OWNER's employees) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordi- nate his Work with theirs. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility service company (or OWNER), CON- TRACTOR shall inspect and promptly report to ENGINEER in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure so to report shall con- stitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non -apparent defects and deficiencies in the other work. 7.3. CONTRACTOR shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.4. If the performance of additional work by other con- tractors or utility service companies or OWNER was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such addi- tional work. If CONTRACTOR believes that the perform- ance of such additional work by OWNER or others involves additional expense to CONTRACTOR or requires an ex- tension of the Contract Time, CONTRACTOR may make a claim therefor as pro%idcd in .-articles I 1 and 12. g n ARTICLE 8 --OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoinment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4 Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Draw- ings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.7. 8.6. In connection with OWNER's rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's respresentative dur- ing the construction period. The'duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the 17 0 progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater de- gree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on- site observations as an experienced and qualified design pro- fessional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Clarifications and Interpretations: 9.3. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as ENGI- NEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent_ of the Contract Documents. If CONTRACTOR believes that a writ- ten clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefor as provided in Article I 1 or Article 12. Rejecting Defective Work: 9.4. ENGINEER will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.5. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.6. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.7. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Project Representation: 9.8. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER des- ignates another agent to represent him at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Decisions on Disagreements: 9.9. ENGINEER will be the initial interpreter of the re- quirements of the Contract Documents and judge of the ac- ceptability of the Work thereunder. Claims, disputes and • other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work shall be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to ENGINEER and the other party to the Agreement within fifteen days of the occur- rence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. In his capacity as interpreter and judge ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.10. The rendering of a decision by ENGINEER pursu- ant to paragraph 9.9 with respect to any such claim, dispute or other matter (except any which have been waived by the mak- ing or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or at law in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.11. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any manufacturer, fabricator, supplier or dis- tributor, or any of their agents or employees or any other person performing any of the Work. 9.12. Whenever in the Contract Documents the terms "as ordered","as directed" "as required", "as allowed" or terms of like effect or import are used, or the adjectives "reasonable" "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used, to describe requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such require- ment, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGI- NEER shall have authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of paragraphs 9.13 or 9.14. 9.13. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be re- sponsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. [R] 0 9.14. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, or of the agents or employees of any CONTRACTOR or Subcon- tractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement, OWNER may, at anv time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or de- crease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2. ENGINEER may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or Contract Time, CON- TRACTOR may make a claim therefor as provided in Article I I or Article 12. 10.3. Additional Work performed without authorization of a Change Order will not entitle CONTRACTOR to an in- crease in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in para- graph 6.22 and except as provided in paragraphs 10.2 and 13.9. 10.4. OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work which are required by OWNER, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.9 or 11. 10, or because of any other claim of CONTRAC- TOR for a change in the Contract Time or the Contract Price which is recommended by ENGINEER. 10.5. If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be CONTRACTOR's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accord- ingly. CONTRACTOR shall furnish proof of such adjust- ment to OWNER. ARTICLE Il—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total cornpen,ation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, re - If and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. v 11.2. The Contract Price may only be changed by a Change Order. .Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an addi- tional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be deter- mined by ENGINEER if OWNER and CONTRACTOR can- not otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be in- corporated in a Change Order. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.9). 11.3.2. By mutual acceptance of a lump sum. I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for em- ployees not employed full time on the Work shall be appor- tioned on the basis of their time spent on the Work. Payroll costs shall include, but not be lim''ed to, salaries and wages plus the cost of fringe bet,etits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compen- sation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employ- ees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or teal holidays, shall be included in the above to the extent authorized by OWNER. Ie] 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transpor- tation and storage thereof, and manufacturers' field services required in connection therewith. All cash dis- counts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provi- sions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain com- petitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, sur- veyors, lawyers and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary trans- portation, travel and subsistence expenses of CON- TRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CON- TRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof—all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 0 11.4.5.5. Deposits lost for causes other than CON- TRACTOR's negligence, royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the execution of the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone di- rectly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and ex- penses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CON- TRACTOR shall be paid for services a fee proportion- ate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expedi- tors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.4.1—all of which are to be considered administrative costs covered by the Contractor's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital ex- penses, including interest on CONTRACTOR's capital employed for the Work and charges against CON- TRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all in- surance whether or not COM I RACTOR is required by the 20 Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required be- 1 cause of changes in the Work). , 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but riot limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. Contractor's Fee: 11.6. The Contractor's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: _ 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5. 11.7. The amount of credit to be allowed by CONTRAC- TOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. Adjustment of Unit Prices: 11.8. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.9. Where the quantity of Work with respect to any item that is covered by a unit price differs materially and sig- nificantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued on recommendation of ENGINFFR to adjust the unit price. A 1 0 0 Cash Allowances: 11.10. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers or distributors and for such sums within the limit of the allow- ances as may be acceptable to ENGINEER. Upon final pay- ment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CON- TRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12—CHANGE OF THE CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot other- wise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional Work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compen- sation for additional professional services) for delay by either party. ARTICLE 13—WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORREC TION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. 21 Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have ac- cess to the Work at reasonable times for their observation, in- spection and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's ac- ceptance of a manufacturer, fabricator, supplier or distrib- utor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for ap- proval prior to CONTRACTOR's purchase thereof for incor- poration in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5. All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by or- ganizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6. If any Work that is to be inspected, tested or ap- proved is covered without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRAC- TOR'S expense unless CONTRACTOR has given ENGI- NEER timely notice of CONTRACTOR's intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from his obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written re- quest of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER consider it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re - 1 quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may re- quire, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the ex- penses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including com- pensation for additional professional services, and an appro- priate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such un- covering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided in Articles I 1 and 12. Owner,Vlay Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRAC- TOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGI- NEER, either correct any defective Work, whether or not fab- ricated, installed or completed, or, if the Work has been re- jected by ENGINEER, remove it from the site and replace it with nondefective Work. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any spe- cific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINE:ER's recommendation of final payment, also ENGI- NE•FR) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINFFR's recommendation 22 is of final payment, a Change Order shall be issued incorporat- ing the necessary revisions in the Contract Documents, includ- ing appropriate reduction in the Contract Price; or, if the ac- ceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. OW. --VER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any re- quirements of the progress schedule), OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and sus- pend CONTRACTOR's services related thereto, take posses- sion of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a Change Order shall be issued incorporating the necessary revi- sions in the Contract Documents and a reduction in the Con- tract Price. Such direct and indirect costs shall include, in par- ticular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by cor- rection, removal or replacement of CONTRACTOR's defec- tive Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedules: 14.1 At least ten days prior to submitting the first Appli- cation for a progress payment, CONTRACTOR shall (except as otherwise specified in the General Requirements) submit to ENGINEER a progress schedule, a final schedule of Shop Drawing submission and where applicable a schedule of val- ues of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall in- clude quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of val- ues by ENGINES -R, it shall he incorporated into a form of Application for Payment acceptable to FNGINFI- R. 0 Application for Progress Payment: 14.2. At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents and also as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect OWNER's interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a rec- ommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of the Application for Payment with ENGINEER's recommenda- tion pay CONTRACTOR the amount recommended. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a rep- resentation by ENGINEER to OWNER, based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifica- tions Mated in the recommendation) and that CON"t'RAC TOR is entitled to payment of the amount recommended. 23 • However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work, or that the means, methods, techniques, sequences, and procedures of construc- tion have been reviewed or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER free and clear of any Liens. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incor- rect to make such representations to OWNER. He may also refuse to recommend any such payment, or, because of subse- quently discovered evidence or the results of subsequent in- spections or tests, nullify and such payment previously recom- mended to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. written claims have been made against OWNER or Liens have been filed in connection with the Work, 14.7.3. the Contract Price has been reduced because of Modifications, 14.7.4. OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 13.14, 14.7.5. of CONTRACTOR's unsatisfactory prosecu- tion of the Work in accordance with the Contract Documents, or 14.7.6. CONTRACTOR's failure to make payment to Subcontractors, or for labor, materials or equipment. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall, in writing to OWNER and ENGINEER, certify that the entire Work is substantially complete and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRAC- TOR in writing giving his reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Sub- stantial Completion which shall fix the date of Substantial Completion_ There shall be attached to the certificate a tenta- tive list of items to be completed or corrected before final pay- ment. OWNER shall have seven days after receipt of the ten- tative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGI- NEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work sub- stantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justi- fied after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CON- TRACTOR a written recommendation as to division of re- sponsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so in- form ENGINEER prior to his issuing the definitive certificate of Substantial Completion ENGINEER's aforesaid recom- mendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, EN- GINEER will notify OWNER and CONTRACTOR in writing giving his reasons therefor. If ENGINEER con- siders that part of the Work to be substantially complete, ENGINI'E:R will execute and deliver to OWNER and CONTRACI OR a certificate to that effect, fixing the date 24 of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certi- ficate of Substantial Completion as to part of the Work ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsi- bilities pending final payment between OWNER and CON- TRACTOR with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive cer- tificate of Substantial Completion as to that part of the Work unless OWNER and CONTRACTOR shall have otherwise agreed in writing and so informed ENGINEER. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certi- fied to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2. In lieu of the issuance of a certificate of Sub- stantial Completion as to part of the Work, OWNER may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately useable; provided that prior to any such takeover, OWNER and CONTRAC- TOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, oper- ation, safety, maintenance, correction period, heat, utili- ties and insurance with respect to such facility. 14.10.3. No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of paragraph 5.14 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspec- tion with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this in- spection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates of inspection, marked -up record documents and other documents—all as required by the Con- tract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final pay- ment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as ENGINEER may reasonably re- quire, together with complete and legally effective releases or T: waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the re- leases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all pay- rolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation—all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the Application to OWNER for payment. There- upon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final pay- ment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, OWNER shall, within thirty days after receipt thereof pay CONTRACTOR the amount recommended by ENGINEER. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed thereof and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recom- mendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5. 1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to EN- GINEER with the Application for such payment. Such pay- ment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Ohligution: 14.15. CONTRACTOR's obligation to perform and corn- plete the Work in accordance with the Contract Documents 25 shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certifi- cate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correc- tion of defective Work by OWNER shall constitute an accept- ance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. Waiver of Claims: 14.16. The making and acceptance of final payment shall constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRAC- TOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Articles 11 and 12. Owner May Term irate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR is adjudged a bankrupt or insolvent, 15.2.2. if CONTRACTOR makes a general assign- ment for the benefit of creditors, 15.2.3. if a trustee or receiver is appointed for CON- TRACTOR or for any of CONTRACTOR's property, 41 0 15.2.4. if CONTRACTOR files a petition to take ad- vantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, 15.2.5. if CONTRACTOR repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, 15.2.6. if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, 15.2.7. if CONTRACTOR disregards laws, ordi- nances, rules, regulations or orders of any public body having jurisdiction, 15.2.8. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CON- TRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CON- TRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to CONTRAC- TOR. If such costs exceed such unpaid balance, CONTRAC- TOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be verified by ENGINEER and incorpo- rated in a Change Order, but in finishing the Work OWNER shall not be required to obtain the lowest figure for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR byt OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CON- TRAC I OR shall be paid for all Work executed and any ex- pense sustained plus reasonable termination expenses. Contractor May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thiry days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until pay- ment of all amounts then due. The provisions of this para- graph shall not relieve CONTRACTOR of his obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes_ and disagreements with OWNER. ARTICLE 16—ARBITRATION 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or re- lating to the Contract Documents or the breach thereof except for claims which have been waived by the making or accept- ance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing arbitration law of any court having juris- diction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER ini- tially for decision in accordance with paragraph 9.9 shall be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written deci- sion has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter shall be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.9; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. 16.3. Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the 1 • I 9 American Arbitration Association, and a copy shall be sent to ENGINEER for information. The demand for arbitration shall be made within the thirty -day period specified in para- graph 16.2 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGI- NEER, his agents, employees or consultants) who is not a party to this Agreement unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CON- TRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or ap- peal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§10, 11). ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have 27 It been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2. When any period of time is referred to in the Con- tract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other par- ty's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations im- posed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.11, 13.14, 14.3 and 15.2 and all of the rights and remedies avail- able to OWNER and ENGINEER thereunder, shall be in ad- dition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Docu- ments shall survive final payment and termination or comple- tion of this Agreement. M E SSAG E DVIRKA AND BARTILUM 6800 JERICHO TURNPIKE SYOSSET, NEW YORK 11791 Phone 516 — 364-9892 Fax 516 — 364-9045 DATE I1 mw 09 so law mt bMII SIGNED,/1,4,���� SEND WHITE COPY RETAIN YELLOW COPY ' � •------------------1{'7.n,iL!! �LASry11.� W!' P'LtAT'vlrt� �+; r•l,M� 4. ,,•l0{(•IRG G►' Q,i�a� `� \ / '4 IZ4:24c- ve v es AP,17 4 , ILI IS "o -Vol I-L*,44 W7 I T �� l ;; I 7-7 --ALL A-1 Ky T T. J i -,,,fr onr o .►.. •• q.,`' � i � GOr�►�JG6I,..rdp lwt.f t r:.. W '----- � L r � . lf� (— ' I I! i � I ! I i I � (�� j' 1 1 I I 11 ' i- I I I 1 I �' 1! I '. I f 1 • _I ilfl I II i 'lil � II SII 1 1 � If !,� f 11 � :III 1t I I , _ ! 1' i � I � � 1� 1 � i I � I j I 1 I I �! , �� i ! I I I! � I i I II i i i I 1'; I I I I m OF F -16 -t, E - — -------- m :1, , 1.1 "I N i . ­" I- , v I I I I .X; . '� . I . . r }. 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