nationalgrid

CONSTRUCTION SERVICES AGREEMENT

BETWEEN

KEYS PAN GAS EAST CORP - KEOLI HICKSVILLE, NEW YORK

AND

BANCKER CONSTRUCTION CORPORATION ISLANDIA, NEW YORK

FOR

SOUTHAMPTON GAS MAIN REINFORCEMENT PROJECT

SAP CONTRACT 10# 4400004745

OCTOBER 7,2014

COPY NO.2

-----------

CONSTRUCTION SERVICES AGREEMENT

This Construction Services Agreement, made and entered into on the date when signed by

the party signing last in time, by and between KEYSPAN Gas East Corp - KEDLI

("Owner" or "Company"), a New York corporation, with offices at 175 East Old Country

Road, Hicksville, New York, 11801; and Bancker Construction Corporation having its

office and principal place of business at 218 Blydenburgh Road, Islandia, New York,

11749.

ARTICLE 1 - SCOPE OF WORK

Contractor shall provide or perform the Work (as defined in Schedule A-1) or cause the

Work to be provided or performed, in accordance with the terms of this Agreement

including the Project Specification, Construction Standards, Construction Procedures,

Safety & Environmental Standards, drawings and all other Contract documents in the

Agreement to which reference is made, together with the Agreement, are intended to cover

all supervision, labor, materials, equipment and all else requisite and proper beyond what

is provided by National Grid, necessary for the successful completion of all work detailed

and described as the Southampton Gas Main Reinforcement Project. In any case where

this Specification may contradict referenced Specifications or Standards, this Specification

shall govern including all Project Drawings, Project Documents, Construction Standards,

Construction Procedures, Safety Standards and all other documents referenced therein).

Any changes to the Scope of Work which result in a change to the Contract Price must be

authorized in writing prior to performing the Work.

ARTICLE 2 - CONTRACT DOCUMENTS

The following documents, including all attached schedules, appendices, exhibits or other

attachments thereto, are incorporated by reference as if fully set forth herein, and are

hereinafter referred to collectively and individually as the "Contract Documents" that make

up the Agreement. The Agreement is comprised of the following:

• Schedule A-1: Signed Terms and Conditions 00700 as amended dated

August 26, 2014.

• Schedule A-2: Supplemental Conditions (if any)

• Schedule B: Bid Specifications and Drawings

• Schedule C: National Grid Safety Procedure - "Contractor Safety

Requirements", Document No. N-1402, Rev. 7 dated (09/11/2013) &

National Grid General Safety Requirements, SHE01001 Rev.1 (3-15-13)

• Schedule D: Contractor Environmental Requirements

• Schedule E: Contractor Employee Background Check Compliance

• Schedule F: SHW-101- Anti Drug & Alcohol Program

• Schedule G: Project Schedule

• Schedule H: Pricing Workbook

• Schedule I: Mutual Non-Disclosure Agreement

• Schedule J: Certificate of Insurance

• Schedule K: Subcontractor List

• Schedule L: Signed Supplier Code of Conduct

• Schedule M: Project Personnel List

ARTICLE 3 • AGREEMENT DURATION

The Agreement shall commence on or about October 13, 2014 and proceed to on or about

December 25,2014.

ARTICLE 4 - SCHEDULE

Any Work performed under this Agreement shall be completed in accordance with the

Project schedule (Schedule G). National Grid has issued to the Contractor a formal notice

to proceed on October 13, 2014 and the Contractor agrees to comply with the Project

Schedule as requested by National Grid in order to successfully complete all work by

December 25, 2014. The Owner reserves the right, at its sole option, to cancel this

Agreement at any time and for any reason.

ARTICLE 5 - CONTRACT PRICE

This Purchase Order is issued for a Fixed Firm Lump Sum Price of

(Schedule H) as set forth in Bancker's final proposal dated September 26, 2014 as noted

below. The Contract Price shall be the total price to be paid by the Owner to the

Contractor in accordance with the prices set forth in the proposal, unless otherwise agreed

to in writing by the Owner and the Contractor. Contractor will be responsible for all labor

productivity required to achieve their quoted price.

Firm Lump Sum Price

Option IIA - Office Trailer

Option liB - Caliper Pig Contractor

Option liE - Installation of gas line Service Stubs for Residential Connections - Short Run

Option IIF - Installation of gas line Service Stubs for Residential Connections - Long Run -

Total Lump Sum

"Unit Pricing" which, if utilized, will be at the amount indicated in Schedule H and added or

deleted from the Lump Sum price via a formal change order. All units listed are applicable

as additions or deletions only when changes occur from the base work scope as identified

in the specifications and drawings. The Not-To-Exceed (NTE) value of this Contract,

including the Lump Sum portion and the Unit Price estimate, equals NTE

(Note: The NTE amount is an estimate only and does not constitute a commitment to

pay the Contractor that amount. The Contract Price shall be all inclusive for the Work

required by this Agreement in accordance with all the Contract Documents

including. but not limited to. the Terms and Conditions).

The Contract Price shall be all inclusive for the Work required by this Agreement in

accordance with all the Contract Documents including, but not limited to, the Terms and

Conditions.

ARTICLE 6 - SAFETY

1. The Contractor assumes complete responsibility for the safe performance of the

Work and shall comply fully with:

a. National Grid Safety Procedure N-1402 dated 9/11/13 (Schedule C)

b. National Grid General Safety Requirements (SHE01 001 Rev. 1)

ARTICLE 7 - LIMITATION

The Contractor shall not revise the scope of work or deliverable products contained therein

or incur costs to National Grid's account in excess of the Contract Price without National

Grid's prior written approval; such approval to be incorporated by formal amendment to this

Agreement.

ARTICLE 8 - UNAUTHORIZED DISCLOSURE

The Owner considers any information provided to the Contractor in the course of business

to be privileged and confidential between the Contractor and the Owner. This includes, but

is not limited to, written data of any kind , business information, request for proposals,

specifications, engineering data and any and all technologies and data either obtained or

observed while supplying the commodity/service required by the Agreement. Unauthorized

disclosure of information to third parties by you may lead to cancellation of the Agreement,

loss of future business opportunities and/or the effects of any other remedies that may be

available to the Owner.

ARTICLE 9 - NOTICES

Where written notice is required by this Agreement, such notice shall be deemed to be

given when delivered personally, mailed by certified mail, postage prepaid and return

receipt requested, or by facsimile or electronic mail, as follows:

To: National Grid:

Attn: Ronald S. Micho Global Procurement 300 Erie Blvd. W., Bldg. C-2 Syracuse, NY 13202

To: Bancker Construction Corporation:

Attn: Mr. Stephen M. Beyer 218 Blydenburgh Road Islandia, NY 11749

ARTICLE 10 -ACKNOWLEDGEMENT

The Contractor agrees that it will not be entitled to payment until this Agreement is signed

and returned to the National Grid Procurement Department. In the absence of The

Contractor's written acceptance, performance of any part of the Work provided for by this

Agreement shall constitute acceptance of all provisions of this Agreement.

ARTICLE 11 - MISCELLANEOUS

This Agreement cannot be changed, altered, modified, amended, waived or discharged

orally. Any such changes, alterations, modifications, amendments, waivers, or discharges

can only be made effective when embodied in a written change order signed by an

authorized representative or officer of the Owner and the Contractor.

The Agreement, as the same may be amended from time to time in writing by a change

order, sets forth the full and complete understanding of the parties regarding the services

to be performed by the Contractor for the Owner and supersedes any and all prior and

contemporaneous agreements, commitments, understandings, and discussions, whether

written or oral, which may have existed relating to the services to be performed by the

Contractor. This Agreement shall not merge with or be terminated or superseded by any

future agreement between the Parties that does not specifically so provide and without an

Agreement Change to that effect.

ARTICLE 12" ENTIRE AGREEMENT

This Agreement, including all Contract Documents, constitutes the entire Agreement

between the Owner and the Contractor, with respect to the Work. No modification of any

of the provisions of this Agreement shall be binding unless in writing and signed by a duly

authorized representative of each party hereto.

IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its duly authorized representative on the day and year set forth below. THE PARTIES HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

Contractor: Bancker Construction Corporation

By:

Name: ____ ~P~H~I=Ll='P~M=.~B=EY~ER~ ______ _

VICE PRESIDENT Title:

Date:

Owner: KEYSPAN Gas East Corp· KEDL!

By: By:

Name: Ronald S. Micho Name:

Title: Category Manager Title: Director Procurement

Date: ______________________ __ Date: ~7

SCHEDULE A-1

SIGNED TERMS AND CONDITIONS 00700

Band: .. T~ Acceptance-pdf

ACCEPTANCE OF CONDITIONS

The Conltaclor hereby aBrees Ihal any Work (os defined in Ihe Purchase Order) performed for Company in compliance wilh any order, wrinen or verbal, shall be governed by thc lerms and condilions ciled in the Purehase Order whelher or nol specific reference is made 10 the below nOled Tenns and Condilions by Ihe Purchase Order unless Ihe Pun:hasc Order specifically conlains lenns and condilions other lhan Ihose conllined in said Tenns and Conditions; then those lenns will apply 10 Ihe exlenllhilihey arc differenl.

Receipl of the below nOled Tenns Ind Condilions is hereby Icknowledaed on Ihe dale .. eculed below, and Ihe undersigned agrees 10 be bound 10 same and lIIe sisnalory reprcsenlS complele aulllorilY 10 siCn on behalf of Ihe Contractor.

Tille

STEPHE C.E.O.

Cily, SlIle, Zip Code

Rererence Terms and Conditions Documenl No. l!O1ll!!

SCHEDULE A·2

This Page is left intentionallv blank

SCHEDULE B

BID SPECIFICATIONS AND DRAWINGS

(Referenced in the Request for Proposal)

2014-G7-29-Sout...

APPENDIXA­Southampton fL

G-14-G4 -Southampton fL

SalTllle Change Control Form (07000]

SCHEDULE C

National Grid Safety Procedure - "Contractor Safety

Requirements", Document No. N-1402, Rev. 7 dated (09/11/2013) &

National Grid General Safety Requirements, SHE01001 Rev.1 (3-15-13)

~ Safety Hazards

Checklist (09-lS-08).,

SHED!OO1 Rev. ! (03-15-13).pcL

SCHEDULE D

CONTRACTOR ENVIRONMENTAL REQUIREMENTS

~ Bancket£P6_AppA - Environmenu_

SCHEDULE E

CONTRACTOR EMPLOYEE BACKGROUND CHECK COMPLIANCE

~ NGSP6-Attachrrent­

C-October-2013-Flna

BackgmundNGSP 06 Attachment _

BackgroundNGSP 06 Attachment _ .•

lanckerBackgroun, Check[1l.pdf •..

SCHEDULE F

SHW-1 01- ANTI DRUG & ALCOHOL PROGRAM

~ Drug & Alcohol

Contractor CorrpRanc

SHW·IOIOrug_ Alcohol Contrac_

SCHEDULE G

PROJECT SCHEDULE

Banck .. Vlorlc Plan .Project Sc...

SCHEDULE H

PROJECT SPEND DISTRIBUTION

(PRICING WORKBOOK)

~ Bancker

Southarrpton Original

(REVISED UNIT PRICE) Bancker _

I.

II.

LUMP SUM BID PRICING APPENDIX B-2 SOUTHAMPTON GAS MAIN REINFORCEMENT PROJECT

HOPE Plastic gas main Installation, all ne.Jns. Hydro' tltle and III Support and full restoration as described In section I.

I common ISo.n.",., Ave South Magee St. Bishop La, Center St. Corrigan and Moses

• all options apply to Sum Bid I

UOM

UOAI Est Qry

Worksheet in Z MICHO Southampton Reinforcement Project AGREEMENT SouthamptonBanckerAgreement44000a.J~Ii.4m1 3

LUMP SUM BID PRICING APPENDIX B-2

IOI'Ef<Al'IO',.. ThIs credit Is being requested for those tQntractOfS who National Grid Cooosion personnel to perform all Calhodl

on this project These duUoes will Include ALL functions of pipe, wrapping of all welds, elbows and valves as well as

anodes and lest slaUens as Indicated on the design drawings. this Item blClink or Inputting a dollar Yalue of uro Indicates that

do not choose to utilize National Grid Corrosion Technicians.

price Is requested for the placement of a 2- thick asphalt overlay on HUt Somerset Avenue. South Magee Streel. BishOp lane, Cenler Street.

Street and Moses lane In anticipation of more stringent requ!tements

I':,;~,:::'~: from the Vlnage of Southampton. TNs price win only Include la restoratlon costs above and beyond those that will be incurred to

the restoration In the lump sum

gas

1~::~~:,~~;:.~;c,~on::n;,~.:::ctJon5 -Short Run -In anUclpaUon of luture requests for If 1 for gas service on Some~el Avenue, South Magee.

CerlCer Street. Corrigan Sireel and Moses Lane, Contractor Is 10 stub from 6" HOPE or THOPE gas main using a mlsslle

Im."hcodo'ogy and Install a ' " HOPE servke conneetlon 10 the rlght of way terminate the pipe In accordance 'tI.Itth National Grid

l,ec,uin'''lO'nts, Assume horizontal distance of 15 to 25 linear feet.

Ic:,~:;~~::~n,::;g~:':~ Run - In anticipation of future requests for residential Ie service on Somerset Avenue, South Magee, Bishop Lane . . Corrigan Street and Moses Lane. Contractor is to provide a

6" HOPE or 2"HOPE gas main using a mlsslle type I""'lhcdology and Install a ,. HOPE service connecllon to the right of way

terminale the pipe in accordance with National Grid l'eo,u'IE,ments. Assume horizontal distance of 25 to 50 linear feet.

Worksheel in Z MICHO Southamplon Reinforcement Projecl AGREEMENT SoulhamplonBanckerAgreement440000R'~S.amf 3

LUMP SUM BID PRICING APPENDIX B-2 J SOUTHAMPTON GAS MAIN REINFORCEMENT PROJECT

Bancker

§ Description . Ext. $ Est QIy UOM UnitS (Multiplier S) (MuUIp/~r)

Lump Sum Bid I + All Optlions

~ ........ ~~~~~~~In~ho~u@se~~~~~~~~i:::~:::::: r---~ I

IUSlna Lump Sum Bid + Options (Excluding II-C) Perfonns Own Corrosion

IUSlna Lump Bid I + I(El(cllldirlg II-C and II-D) Contractor Perfonns IC(l,rr(l,sicm and Asphalt Overlay Not Included

I I I

I I

Worksheet in Z MICHO Southampton Reinforcement Project AGREEMENT SouthamptonBanckerAgreement440000IU~6.6m1 3

• BID APPENDIX B·9

SOUTHAMPTON GAS MAIN REINFORCEMENT PROJECT

appty to trench •• cavaUons when the National Grtd ... p ..... ntativ. detennl" •• th.t acceptabte backfill mat.rtal needa to be

apply 10 the InstallaUon 0' temporary paving above the scope of work IdenUfied In the lump sum bid. Allincluslve price to hot andlor cold patch.

appHcabie to complete at .. 1 Wlkla for the pipe diameters "'dlc:ated below, The .. units 10 be used for both the addlUon and original work .r;ope.

Bancker

50

are for Inc:rused work .cope connected wfth unknown obstructions nat shawn on prints or that cannot b. Reid Int.rfe,.nc: ••

cove,. 10 maintain

receive it credit in \he appropriate amoont stated above.

Includes, but not limited to, costs for test ho .... excavation, pipe wekflng and

upon

~~;!i~~~~~~~th~'~'~th~I~.~It~"'~wI~'~1 cover only the addllionallest hoi •• NOT covered under the Lump Sum Bid. The lump sum price covers Ie.:, 1-------+----­for all mains. ducts. service., pipes, structures, etc. that al'1l shown on the drawlngs or can b. deduc.d.

I;:::~~~~~,~ Incluaw. unit price to excaV<1lt •• sheet and stHI plate an 8ft x 8 It tight sh •• ted wtlkI pit. to II maximum of 8 It In depth,

area. This unit price cov." pits not Included on dr.lwings. speclnc.dons or bid documents, and must Include pulling sheeUng. This un" pries CO" .... dewatering by means 0' mud sucke ... , maximum of 3 pumps.

period exceeding 60 days use at the U .. ln pits or misc. pits Instalfed.

below cover out of scope requirements for the removal of pavtng. "Includes markout, sawcut or "erm •• r cut, .....,oval and Idl ... ,o,oI of paving.

1.1.0

fumlah and Install OM Inch thkk aleel plate as protection over the gas main Installed al reduced cover when directed by Grid.

j't.;;;;;;;;:;;;~~~;;:::;;;~wtth.n Inefflc:lenc:tes and rwsultant delaya when out of scope offsets .reln&lalled. Does not Include which are covered under Unit 3. The application of this unilis limited 10 unplanned offsets only, nenultaled b.ob.~uc'IIo''' 1

•• cavaUon for main InstallaOon, wh.,. no prior markout, drawing, teal hare or other prior Infonnation could have been

paving and .... Ioration Items.

squall! yard price Ihat wiIIinctode 1. MiImg of 2" 01 ellsting paVemenl2. hutaI TTop Coat. 3. Seatnt of al seams,

for topsoil end seeding.

dewatertng c:ondlUons, Ihe conttactor I. lIab .. for the use of twa pumps per day for Un main Installatlona. This for dewatering abo .... the usa of the .. 2 pumps.

and cathodk: protection work.

~:,;;;;;;;~::;';!: and deleUons of dlrecUonal drilling ope mUons. Includes, but Is not IIIfted to, the • • t up and removal of drilling le'lullpmen'lo," complete Installation of gas main Including welds and wnapplng of Joints.

Im.leriall 'h ... '9' .... 'M)rk exceeding the scope of \o\'Ortt or directives from National Grid, the following daily rate shall be apprlCable.

environmental factors.

~"""r.;;::;;;;'::'!'~I.:'.~n~c~oncrete bedding over go beiliU •• as dlrKted by National Grid personnel. Mulmum ratJng of concrete not to •• ceed

the posslblitUty that Suffolk County DPW may require the drain basins on their rods to b. cleaned out during final are an acceptable method for cleaning.

SCHEDULE I

MUTUAL NON-DISCLOSURE AGREEMENT

:>u!hamptonMutu. NDA \OdSA eEl...

IN WITNESS WHEREOF, this Non-Disclosure Agreement has been executed by authorized representatives of the Parties as of the date first above written.

Keyspan Gas East Corp - KEDLI dbal Bancker Construction Corporation

N";OO~ BY: :W >d h~ Name: Ronald S. Micho

BY: __ Lrk~--,--=-.,~/"")---,-___ _

Name: _~_..:.P..:.H::..:IL=L::JII LM..:. • ...:B...:E_y_ER ____ _

Title: Category Manager Title: VICE PRESIDENT

NDA wllSA & CEIl 8 of II v03/0S120 13

SCHEDULEJ

INSURANCE

BanckBNationa' Grid COI- Bec

SCHEDULE K

SUBCONTRACTOR LIST

Sanck.r Subcontractor li._

SCHEDULE L

SIGNED SUPPLIER CODE OF CONDUCT

BanckerSuppfi~ Code of Conduc...

SCHEDULE M

PROJECT PERSONNEL

BanclcuKoy Project Per;ORR_