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HomeMy WebLinkAboutGatz Landscaping ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town ]~lall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 7fi5-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 353 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Soutllold and Gatz Landscaping Inc. in ,the amount of $46~300, for the grading and seeding of the new sports playing fields at Strawberry Field Fairgrounds, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk AGREEMENT THIS AGREEMENT made this 8th day of June 2005 between the Town of Southold, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 1197l hereinafter called the "Town" and Gatz Landscaping Inc., PO Box 45, Mattituck, NY 11952, herein after called the "Contractor". WHEREAS, the Town of Southold desires to engage the contractor to render certain professional services herein described in connection with an undertaking. NOW, therefore, the parties hereto mutually agree as follows: 1. The Contractor does hereby agree to perform all the work outlined in the "Invitation to Bid - Grading and Seeding ora New Sports Playing Field at Strawberry Fields Fairgrounds, dated May 4, 2005 and annexed hereto and made part of this contract. (Exhibit A) 2. The Town does hereby agree to pay the Contractor for the work, the total sum of forth six thousand, three hundred dollars ($46,300). The total sum Is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 3. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage that may arise from the performance of his/her services under this Agreement, in limits of $1,000,000. and $2,000,000. aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above xvritten. Town of Southold Joshua Y. Horton, ~upervisor ?~tz, President Exhibit A 2005 Strawberry Fields Grading and Seeding Invitation to Bid Grading and seeding of a New $perts Playing Field at Strawbe Fields Fairgrounds Date: Town of Southold SOUTHOLD, NEW YORK 11971 May 4, 2005 INVITATION TO BID PROJECT: The clearing, grubbing, grading, seeding and field renovations for the construction of a new 250' x 650' sports playing field in the Northwesterly corner of Strawberry Fields Fairgrounds in Mattituck. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the construction of a new, sports playing field in accordarice with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00AM, 2nd , June 2005. Day Mon[h Year All specifications are provided herein: drawings to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Grading & Seeding - Sports Playing Field A-I INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all Labor, materials, plant, equipment, tools or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated in these specifications. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, and made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. Grading & Seeding - Sports Playing Field B-1 E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work on or after August Ist, 2005, orthe date stipulated in the notice to proceed given to him bythe Town of Southold. The Contractor shall complete the clearing, grading, related soil work and shall commence seeding operations by the middle of September. The seeding operations shall be completed by October Ist, 2005. Grading & Seeding - Sports Playing Field B-2 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: May 4, 2005, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Grading & Seeding of New 250' x 650' Sports Playing Field @ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) Grading & Seeding - Sports Playing Field D-1 And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Grading & Seeding - Sports Playing Field D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section f 03-d General Municipal Law, effective September t, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof orto a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as true under the penalties of perjury; non-collusive bidding certification. A. Bysubmleelon of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a Joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the pHc, es which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting oompetltlon. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In Its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certlflcata by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Grading & Seeding of New 250' x 650' Sports Playing Field @ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 and to Include In such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103~J) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. 103-d, as amended & effective on September 1, t965. Signature Grading & Seeding - Sports Playing Field E-1 ~ E A bi E R I C A N I N S T I T U T £ 0 F ^ R C HIT E C T AIA Document .4201 General Conditions of the Contract .for Construction THIS DOCUMEArF HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Assoclat~l General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or $ubs~ntil[ quotation of its provisions without written pen'PAsslofi of the AIA violates the copyright laws of the United State$ and will be subject t6 legal prosecutions, CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes wilt not be obscured aa may occur when documents are reproduced. WARHING: Unllcen$ed I~ng vloiste~ U.S, ¢opyHght ~ and Is A201-1~7 I INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9. I0.1,9.10.3 Accident Prevention .............................. 4.2.3, 10 ActsandOrnisMons ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims f~r ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspection~ and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Tlrae, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMIN~TRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Ae$thetic I~ ffcct ............................... 4.2.13,4.5.1 AIIowan~e~ ....................................... 3.8 Apptlcatlm~ for Payment .. 4.2.5,7.3.7,9.2,5-3,9.4,9.5.1,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Architect .......................................... 4.1 ,Mchit ect, Deflnlt ion o f ............................... 4.1.1 Architect, Ex-tent of Authority ........ 2.4, 3.12.6, 4.2; 4.3.2, 4.3.6, Architect, Limitations ofAuthorit7 and Responsibility. 3.3.3, 3.12.8, 11.3.1.1, 12.2.1, 12.2.4, 13.5-2, 13.5.3, 14.2.4' Ar~hlt~xl' I Admlnl~i~ ,ilon o f the Co,riel .......... 4,~, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approx~lls 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6, 12. 1.2, 12.2.1 Architect's Copyright ............. · .................... 1.3 Architect's Decisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Architect's Inspections ........... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, Al~hitect'$ instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2 Architect '$ Iht e~p~etatiorm ................. 4.2.11,4.2.12,4.3.7 Arc. hit ect's On-Site Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 ~rchitect's RelationMlip with Contractor ....... I.I.2,3.2.1,3.2.2, ArchRect'$ Relationship with Subcont factors .... 1.1.2,4.2.3,4.2.4, Architect's Representations ................. 9.4.2, 9.5.1,9.10.1 Architect's Site VIsits ........ 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, Attorneys' Fees ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Cont facts ........................... 6.1.1 Award of $ulx=ontracta and Other Contracts for Pofllons of the Work .............................. 5.2 Blmlc Doflnltlons .................................... 1.1 Boiler and Maohlne~y Irmuranoe ..................... 11.3.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 Building Permit .................................... 3.7.1 Capltldizltion ....................................... 1.4 Certificate o f Substantial Complction .................... 9.8.2 Ce~ffl~at~ for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Ce~tfficate$ of h~pection, Te~ting or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.3.2, 9.10.2, 11.1.3 ~llnge OIx~r~ ...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 C~ IN THE WORK .... 3.11,4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Defl~tloll of ................................. 4.3,1 Clalm~ Ind Di~pute~ ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 CIMml and Tlnleb/Aasa~lon of Claims ................ 4.3.6 Cl'4ms for AddltlonM Cost ........ 4.3.6, 4-3.7, 4.3.9, 6.1.1, 10.3 CIMms for Add[tlonM 11me ............ 4.3.6,4.3.5,4.3.9,8.3.2 CIMms for ConceMed or Unknown Condltk)n$ ........... 4.3.5 Claims for Damages...3.18, 4.3-9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claim8 Subject to Azbltration ................. 4.3.2, 4.4.4, 4.5.1 CINIgng Up ................................... 3.15, 6.3 Commencement of 8tMutory Umltatlon Period .......... 13.7 Commencement of thc Work, Condinons Relating to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commeflcement of the Work, Definition o f ............... 8.1.2 COMPLETION, PAYMENT8 AND ......................... 9 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTI~CTOR~ .............................. 1.1.4,6 Oo~ltmotlon Change Olre~tlve~ .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Gor, tJngent A&~gnmem of Sffbcofltracts ................ $,4 Continuing Conlmct PMfotmance .................... 4-3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.?,5-4.1.1,14 Controct Sum, D~flrfldon o f ............................ 9.1 8.2.1, 8.3.1, 9.7, 12.l.l Contract Time, Coflnltlorl of_ .......................... 5.'I,1 2 A201-1987 WARNING: UnHoonsed phoMoopyJng vlobite~ U.S. copyffgM laws and le subject to legal pfoMcutlon. CONTRACTOR ....................................... 3 Contractor, Definition o f ........... , .............. 3.1,6,1.2 Contractor's Bid .................................... 1.1.1 ~ont motoee ~on$t ruotion 8oh~lul~ ............. 3.10,6.1.3 Cont factor's Employees ....... 3.32., 3.42., 3.8.1, 3.9, 3.18, 4.2.3, Contractoe a L.h~llt,/Inourance ....................... 11.1 Contractor's Rehtionship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... .1.2.4, 3.3.2, Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.5 Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Doo~nents ...... 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Work ....................... 9.7 Conwactor's Right to Terminate the Contract .............. 14.1 contractor's Submittals ....... 3.10, 3.11,3.12, 4.2.7, 5.2.1, 5.2.3, Contract or's Superintendent ...................... 3.9, 10.2.6 contractor's Supervision and Construction Procedures ...... 1.2.4, 3.5, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 contractual Uablllty Insurance ................. 11.1. 1.7, 11.2.1 CoordinaOon and Co~rehtion ............... 1.2.2, 1.2.4, 5.3.1, coplesFumishedofDrawingsandSpedflcatlon$ ... 1.3,2.2.5,3.11 correcOon of Work ..................... 2.3,2.4,4.2.1,9,8.2, Cost, Definition of ............................ 7.3.6, 14.3.5 Outllng lind P~hlng ........................... $.14,6.2.6 Damage to Consm~cOon of Owner or Separate contractors 3.142, Damage to thc Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Da~nage$ for l)elay .......... · .......... 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definit fort o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 D~OiMOn$ to WRhhokl O~Fttfle~tlon .......... g,$, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and correction of ............ 2.3,2.4,3.5.!,4.2.1, Defective Work, Definition of ......................... 3.5.1 Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents and Samples at the Site ...................... 3.11 Drawings, DefiniUon of .............................. 1.1.5 Drawtngs and Specifications, Uae and Ownership~f ..... 1.1.1,.1.3, Duty to Review contract Documents and Field Conditions ..... 3.2 Effective Date of Insurance ...................... 8.2.2, 11.1.2 Em~rg~nol~$ ................................. 4.3.7,10.$ Employees, Comractor's .......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, Equipment, Labor, Material~ and .......... 1.1.3, 1.1.6, 3.4, 3.5.1, Execution and progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, ExecuUon, Correlation and Intent of the Contract Documenta .......................... 1,2,3.7.1 Failure o f Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure o f payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconfom~lng Work) Final Compl~Oon and Final Palm--n! ........ 4.2. l, 4.2.9, 4.3.2, Fire and Extended Cgverage hlsumnce .................. 11.3 GENERAl. PROVISIONS ................................ 1 Governing I.~w .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials.: .......................... IO.I, 10.2.4 lden~tion o f Contract Documents ................... 1.2.1 ldcntllicaOon of Subcontractor~ and Suppliers ............. 5.2.1 Infommllon and 8ewlce~ Required of the Owner ..... 2.1.2,2,2, Inlu~/or DIm~ to P~'~on or Prop~ ................ Jnspectio~s ...... . ................... 3.3.3, 3.3.4, 3.7.1, 4.2.2, Lnstructions to Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, 4.2.8, 5.2.1,7, 12.1, 13.5.2 In.umnoe, Bo#er ~nd Machinery .................... 11.3.2 In~uranoe, ContmotoCa Liability ...................... 11.1 Insurance, Effective Date of ..................... 8.2.2, 11.1.2 Insurance, Owr, e¢. Liability .......................... 11.2 In.umnoe, Property ........................... IO.2.5,11.3 I n.~cancc, Stored Mate~als .................... 9.3.2, 11.3.1.4 INSURANCE AND BONDS ............................. 11 Imumnce Comi~nles, Consent to Partial Occupancy.. 9.9.1, 113.11 In.~xance Companies, Set tlement with ................. 11.3.10 Intent of thc contract Documents ................ 1.2.3, 3.12.4, Interpretations, Written .................. 4.2.11, 4.2.12, 4.3.7 Joinder and Comolidation of Claims Required ............. 4.5.6 Judgment on FInM Award ................ 4.5.1,4.5.4.1,4.5.7 Labor and MaterlM., I~qulpmcnt .... 1.1.3, 1.1.6,$.4, 3.5.1; 3:82., Labor Disputes ..................................... 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, Limitation on Consolidation or Joinder ................ 4.5.8 IAmltations, $tatutesof ................... 4.5.4.2, 122..6, 13.7 Limkations of Authority .................... 3.3.1,4.1.2,4.2.1, WARNING: Unlicensed photacopylng violates U.8. oo pyn~ht I~m ~ Is ~mbJeot to legal pfo~eoutlon. A201-1987 S Linaitatinns o f Llabilh ~' ..... 2.3, 3.2.1, 3.5.1,3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10~4, Limitations o f Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Limttatlorts of Tin~e, Spedfic .......... 2.1.2,2.2.i,2.4,3.10,3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, ~3.7, 14 toss of Use Irmuranoe ............................. 11.$,8 Matetial Suppliers .............. 1.3.1,3.1.2.1,4.2.4,4.2.6,5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... 10.1,10.2.4 Material$, Labor, Equipment and ..... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and P~ocedu~ of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 M klOr C}1~1~0 in th~ Work .......... 1.1.1, 4.2.8, 4.3.7, 7. I, 7.4 MISC~L.L.~NEOUS PROVISIONS ........................ 13 I~odiflcations to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.11, No~lng Wor~, AQc~noe Of ................. 12,3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3. Notice ............. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.7.4, 13.3, 13.5.1, 13.5.2, 14 NOfI~, Wh~ ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9., 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice o f Te$t~g and InspectiorLs ................ 13.5.1, 13.5.2 Notice to proceed ...................................8.2.2 Notlc~, Pemllt~, Fe.~ ~nd ...... 2.2.3, 3,7,.3.13, 7.3.6.4, 10.2.2 O bse~x, atiorLs, Architect's On-She ................. 4.2.2,4.2.5, Observa~ons, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 11.3.11 On-Site Inspections by the A~rchltect .......... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.l On-Sile Observations by the Architect ......... 4.2.2,4.2.5,4.3.6, Orders, Wcitten ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, [2.2, 13.5.2, 14.3.1 OWNER ............................................. 2 Owner, D~tnltlon of ................................. Owner, Information end Seetlce~ I~quired of the ........ 2.1.2, 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner's Financial Capability .................. 2.2.1, 14.1.1.5 Owner's L,l~llt~ In~u tahoe .......................... 11.2 Owner's Lo~s of Llae Insurance ........................ 11.3.3 Owner's Relationship with Subcontcactors ....... ~- ....... 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Right to Ca~ry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owne¢l Right to Cle~n Up ............................ 3.3 Owner'. Right to Perkarm Construc~on and to Award Separate Coofmets ................ : ........ 6.1 Owner'l Right to 8top the Wo~( ................... 2.3,4.3.7 Owner's Riilht [o SusDcnd thc Work'. .................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownerlhlp and Ule of Archlte~r$ Drawings, Spe~flc~tlmm and Other Document~ ................ 1.1.1,1.3,2.2.5,5.3 parlbll Oooupanoy or U~e ................. 9.6.6,9.3, 11.3.11 P~ohlng, Cutting amd .......................... 3.14, 6.2.6 Pat~of~, RoyaR~e~ and .............................. 3.17 Payment. AppNca,mm for ................ 4.2.5, 9.2, 3.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certiflcat~ for ...........4.2.5, 4.2.9, 9.3.3, 0.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 p~i}'ITt ~t, FBilur8 of .......................... 4.3.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ........... 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.l.3, 11.3.5, 12.3.1 pa~tm®nt Bond, P®~onnance Sold and .............. 7.3.6.4, 9.10.3, 11.3.9, 1'1,4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPL.ETION ...................... 9, 14 Payments to Sul~cont[actors .................... 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11 3.8, 14.2.1.2 PCB .............................................. 10.1 Per formance Bond and Payment Bond .................7.3.6.4, 9.10.3, 11.3.9, 11.4 P~rmlt~, [e~$ IIRd Notlos$ ....... 2.2.3,3,]', 3.1~, 7 3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ t0 Polychlorinatcd Blphcnyl ............................. 10.1 Product Data, Definition of ........................... 3,12.2 product D~t~ and S~, Shop Drawings .... 3r1 1,3.12, 4.2.7 program8 Ired Co~11p~tion ................... 4.2.2, 4.3.4,8,2 pro~ro~$ P$¥111~rlt~ ............................ 4.3.4,9.3, 9,3, 9.8.3.9.10.3, 13.6, 14.2.3 Project, Definition of the ............................. 1.1.4 Project ManuM, Definition of the ...................... 1.1.7 Project Manuals ....................................2.2.5 Project Repre~ntativea .............................4.2.10 Property Insumn~ ........................... 10.2.5,11.3 PROTECTION OP PERSONS AND PROPERTY ............. '10 Regulations and Laws ............ 1.3,3.6,3.7,3.13,4.1.1,4.5.5, 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejectinn of Work ......................... 3.5. I, 4.2.6, 12.2 Relea.se.s o f Walvess and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5. I, 3.12.7, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives. '. .......................... 2.1.1, 3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Reso{utlon o f Claims and Dl~oute$ .................. 4.4, 4.5 ResponsibiIRy for Those Performing the Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage ............... 9.3. l, 9.6.2, 9.8.3, 9.9.1,9.10.2, 9.10,3. Condlt Iorm by Coofr~ofor ............ 1,2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals b~ Owner and Axchitect ............. 3.10.1,3.10.2,3.11,3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, product Data and Samples by Contractor ........................ 3.12.5 Rights IIRd Rsm®dk~ ............. 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 15,4, 14 Royalthm ~nd P~teofa ............................... 3.17 4 A201-1987 WARNING: Unlicensed photocopying violat~ ULt. copyright lay4 and I~ ~ubJe~ to legal Rul~ and No~k~ for Arbitration ..................... 4.5.2 SMety of Pemon~ and Property ....................... 10.2 OafMy Pre~autlon~ ~nd Programs ........... 4.2,3, 4.2.7, 10.1 Samples, Deflditlon of .............................. 3.12.3 Sample~ ~t the Sl~, Do¢umen~ ~nd ...................3.11 S~hedule of Velue~ ............................. 9,2,9.3.1 Schedules, Const r~ction .............................. 3.10 Separate Conteacts and Contractors .......... 1.1.4,3.14.2,4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, De flllition o f ......................... 3.12.1 Shol} [}llnvlng$, Product DIll lind Slmlpl~ .... 3.11,3.12, 4.2.7 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9~ 4.3.6, 9.8.2, 9.10.1, 13.5 Site visits, Architect's ................. 4.2.2,4.2.5,4.2.9,4.3.6, Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Sp~a'f~lt[o~l~, Del*tuition o f the ....................... 1,1,6 Statutes of Umltations ....................4.5.4.2, 12.2.6, 13.7 Stopping thc Work ............. 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materials ........... 6.2.1,9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractors, Work by .................. 1,2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subco~trllcltml Relllllon$ .............. 5.3, 5.4,9.3.1.2,9.6.2, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 Subrogation, WaI~ of ................. 6. I. 1, I 1.3.5, 1 1,3,7 Substantial Completion, l)eflni0on o f .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3,5.2.4 Substitutfon of the Architect ........................... 4.1.3 Substitutions o f Mat erials ............................. 3.5.1 Sub-~ubconteacto£, Definition o f ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Supedftt~elR ............................... 3.g, 10.2.6 · ul~r'4~lon IIRd CO[~tRJC~OR p ro¢~dur~8 ...... 1.2.4,3.3, 3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, I0, 12, 14 Surety ............... 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 Surety, Consent of ....................... 9.9.1,9.10.2,9.10.3 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4,14.3 Sttspension or TerminaUon of the Contract ..... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.6, 7.3.6.4 Termination by the Contractor ........................ 14.1 T®nnlnatl~n by lhe Ownor for C~u,e ............ 5.4.1.1,14,2 Termination o f th~ Architect .......................... 4.1.3 Termirtation of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests ,md Inspeollon~ ..... 3.3,3,4,2.6,4.2.9,9.4.2, lZ,2,1,13.5 TIME .............................................. 8 Tim®, Dela~ and Extension. of .............. 4,3.8,7,2,1,8.3 Time Llmlt~ on Clalme ......... 4.3.2,4,3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work: ................................ 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10. l Unit Prices .................................. 7.1.4, 7~3.3.2 Use of Documents ................. IA.I, 1.3, 2.2.5, 3.12.7, 5.3 Waiver of Claln~: Flnal P~yment ........... 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect ..................... 13.4.2 Waiver of ~ by the Contractor ......... 9.10.4, 1 1.3.7, 13.4.2 Waiver of Clalm.s by the Owner .............. 4.3.5,4.5.1,9.9.3, Waiver of Uen~ .................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 Wllrl~Rl~ and Warranties ......................... 3.3, 4.2.9, Weather Delays ................................... 4.3.8.2 Work, Definition o[ ................................. 1.1.3 Written Consent .............. 1.3.1,3.12.8, 3.14.2, 4.1.2, 4.3.41 Writ ten Intcqorctatio ns ................... 4.2.11,4.2.12,4.3.7 WdttoR NO#CO .... . ...... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, Written Orders .............................. 2.3, 3.9, 4.3.7, WARNINQ: Unlicensed photooop~ng vlolatee {/.8. copyright ~ end Is ~ubJect to legal i~oaecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTIGLE 1 GENERAL PROVISIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the A~reement and Modifications issued after execution of the Contract. A Mothfl- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitatioo to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the p~Lrties hereto and supersedes prior negotiations, representations or agreements, either written or or-,al. The Con- tract may be amended or modified only by a Modification. The Contract Documents shah not be construed to c~ate a contrac- tual relationship of any kind (1) between the Architect and Con-. tractor, (2) between the Owner and a Subcontractor or Sub- subcomractor or (3) between any persons or entities other than the Owner and Contractor. The Architeet shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK required b7 thc Contract Documents, wherher completed or partiall7 completed, and includes all other labor, materials, equipment and services provided or to be provided by thc Contractor to fulfill the Contractor's obligations. Thc Work ma}, consdiutc thc whole or a part of thc Project. 1.1.4 THE PROJECT Thc Project is thc total construction of which thc Work per- formed under the Contract Docunaents may be thc whole or a part and which ma7 include constructiou by thc Owner or by separate contractors. 1.1.5 THE DRAWINGS Thc Drawings are thc graphic and pictorial portions ol~ thc Coo- tract Documents, wherever located and whenever issue([, showing thc design, location and dimensions of thc Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPEC~lCA11ON$ .~ Thc Specttlcations are that portion of thc Contract Documents consisting of thc written requirements for materials, equip- merit, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual Ls the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECLrrlON, {~aRRELATION AND INTEN~ 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Doctlments, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contrac{ by the Contractor is. a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with ~quire- me~ts of the Cocttract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentm'y, and what is required by one shah be as binding as ff iztqutred by all; performance by the Contractor shall be requL,~d only to the extem congmtent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.40rgaxdzation of the Spcdficarions into divisiotas, ,sections and articles, and arrangement of Drawings shall not conrxol the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any larade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- 1 .$ OWNERSHIP AND USE OF ARCHITECT'S 1.$.1 The Drawings, Specifications and other documents prepared by the Architect are insts'nsnents of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor t~or any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless other~,ise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1~7 WARNINQ: Unlloel~ photo~yJng vlolats~ U.S. cx)py~ght la~rs .nd Is ~ub~ect to I~[ Work without the specific written consent of the Owner and A~chitect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- logs, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. ~dl copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the A~chitect. Submittal or distribution to meet off~cial regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically der'meal, (2) the rifles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Chnses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 in the interest of brevity the Contract Documents fre* quentiy omit modifl/ing words such as "ali" and "any" and arti- cles suCh as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if sLn~,,ular in number. The term "Owner" me,ns the Owner or the Owner's authorized representative, 2.1.2 The Owner upon reasonable written request shaU furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a cor~%'t statement of the record legal tide to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafzer, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable eutdence were furnished on request ~Orior to the e~ecution of the Agreement,-~the prospective contractor would not be required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are~he responsibility of the Contractor under the Contract Documenrs, the Owner shall secure and pay for neeessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in e.Mstthg facilities, 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptne~ to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documerits, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If thc Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently falls to can-rout Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent speeiflcally .so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 if thc Contractor defanlts or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from thc Owner to commence and continue correction of such default or neglec~ with diligence and promptness, thc Owner may after such seven<lay period gi¥c thc Contractor a second written notice to correct such defidencies within u second seven<lay period, if the Contractor within such second seven- day period after receipt of such second notice fails to cum- mence and continue to correct any deficiencies, thc Owner may, without prejudice to other remedies thc Owner may hsvc, correct such deficiencies. In such case an appropriate Change Order shall be issued, deducting from payments then or thereafter duc thc Contractor thc cost of correcting such deft- ciendes, including compensation for thc Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by thc Owner and amounts charged to the Contractor are both subject to prior approval of' the A~chi* tect. if payments then or thcreaftc]' due thc Contractor are not sufficient to cover such amounts, thc Contractor shall pay thc difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 Thc Contractor is the person or e~tity identified as such in the Agreement and is referred to throughout thc ConUact Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. WARNING: Unlk:en~d photooop~lng violates U.S. o~alght ~ and Is au~ to legal p~n. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITION8 BY CONTRACTOR 3.2.1 The Contractor shall carefitily study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once ~port to the Architect errors, inconsisreneies or ontissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any constrt~ction activity k~owing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 8.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such lie. Id mea- snsements and conditions and other information known to the Contractor With the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. $.2.$ The Contractor shall perform the Work in accordance with the contract Documents and submittals approved pur- suant to Paragraph 3.12. $.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and d~ect the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over consrtuc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. $.3.2 The Contractor shall be responsible to the Owner for acts and on~sions of the Contractor's employees, Subcontractors and their agents and empioyces, and other persons performing portions of the Work under a contract with the Contractor. 3.3.'a The Contractor shall not be relieved of obligations to per- form ~he Work in accordance with the Conwact Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3,4 LABOR AND MATERIALS necessary for proper execution and d'ompletion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce stsict discipline and good order among the Contractor's employees and other persons carrying out the contract. The contractor si'fall not permit employment of unfit persons or persons not skilled in lasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and atlthorized, may be considered defective. The Contractor's warranty exclu0es remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICE8 3.7.1 Uuiess otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the contract and which are legally required when bids are received or nego- tiations coladuded. 3.?'.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.'/'.3 It is not the Contyactor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, ff the contractor observes that portions of the contract Documents are at variance therewith, the contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.?.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall a.~sume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The' contractor shall include in the Contract Sum all allowances stated in the Contract Documents. ltems covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonaDle ob[oction. 3,8.2 Unless otherwise provided in the contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 WARNING: Unlicensed photocopying violates U.S. ~pyrlght ~ and is ~ to legal ~n. .3 Contractor's costs for unloading and handilng at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .al whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 8.9..1 The Contractor shall employ a competent superinten- dent and necessary' assistants who shall be in attendance at the Prolect site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each ease, 2.10 OO~'RA~JI'Ofl'$ ~ONSTFIUCYION 8I~IEDULE8 111.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be zelated to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. :11.'10.2 The Contractor shall prepare ~tnd keep current, for the Architect's approval, a schedule of submittah which is coordi- nased with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 18.10.3 The Contractor shall conform to the most recent :8.1.1 DOCUMENT8 ~I~ID 8AMPI.~S AT TIlE ~ :~.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Cllallge Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar requRed submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 8.12 Sh'O~ DRAWI~O$, ~RODUCI DATA N~il} 8~MPL~ -'1..12,'1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Comractor to illustrate materials or equlpmem for some portion of the Work. 3,12.3Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work wili be judged. 8.'12.4 Shop Drawings, Product Data, SampI~s and similar sub- mittals are not Contract Document& The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subpa.mgraph 4.2.7. $..12.$ The Comractor shall review, approve and submit to the Arehitect Shop Drawings, Product Data, Samples and simllm' submittals required by the Contract Documents with reason- able prompmess and in such sequence as to cause no delay in the Work or in the actlvilies of the Owner or of separate con- tractors. Submittals made by' the Contractor which are not required by the Contract Documents may be returned without action. 3.12,8 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved subminals, 3..12.? By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittal~ with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviatlous from requirements of the Contract Documents by' the Architec~"s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specLfically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation~ The Contractor shall not be relieved of responsibility' for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- rect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect o1~ previous submittals. 3..12.10 Informational submittals upOn which the Architect is not expected to take responsive action may be so identified in the Contract Documents. $..12.'$1 ~ professional certification of performance ct'it~a of materials, systems or equlpmcot is required by the Contact Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- eatlous. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.'14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching ~:lU~ed to complete the Work or to make its pans fit together properly. 3.14.2 The Contractor shall not damage or endanger a pOrtion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tot shall not cut or otherwise alter such coustmction by the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT{ON ~' 'FOURTEENTH EDITION 1~Ig~TTHEAMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK A'v?~UE, N.W., WASHINGTON, D.C. 20006 WARNING: UnlhN~lsed photoco~ v~olato~ U.S. cop~lght laem and I~ mtoJect to legal Ima~4~utlon. Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. Thc Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 Ct. EANING UP 3.15,1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operatinns under the Contract. At completion of the Work the Contractor shall remove from and about the Pr(~ect waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.18.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost theceof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all m~d~ and license fees. The Contractor shall defend suits or ~ for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a ~ design, proee~s or prod- uct of a particular manufacturer or manufactm'ers is requkred by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and empfoy~e$ of any of them from and against claims, damages, fosses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expe_n~ is attributable to bodily' injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a pa~y indemnified hereunder, such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or per~on desctibed in this Paragraph 3.18. 3.18.2 In claims against any person or entity indenmified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnilica- tion obligation under this paragraph 3.18 shall uot be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or worlmaen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consuhar~ts, and agents and employees of any of them arising out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultmats, and agents and employees of any of them provided such giving or failnse to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture Iden- tified as such in the Agreement and is referred to throughout the Contract Documents as ff singxflar in number. The term "Architect" means the Architect or the Architect's authorized rep~sentatlve. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect a~oaiflst whom thc Con- tractor makes no reasonable objection and whose statns under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITEC'T'S ADMINISTRATION OF THE CONI'RACT 4.2.1 The Architect will provide administration of the Contract as desra'ibed in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and O) with the Owner's concurrence, from time to time during the correction period ~d in Para- graph 12.~. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the contract. 4.2.2 The Architect will visit the site ar intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work Is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be re(luRed to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner a4~nst defects and deficiencies in the Work, 4.2.3 The Architect will not have control over or cha~e of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety preeautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 WARNING: Unlk;en~ed photocopying vlohdes U.S. ~N:,~lght laws and I~ suJ~ect to legal pmmmuflon. tractor, Subcontractors, or their agents or employees, or of any other persons performLng portions of the Work. 4.2.4 Communlcatimm Facilitating Contract Administra- tion. Except as otherwise provided in thc Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architeet. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.9.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.0 The A~chitect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it n~ or advL<able for lmpiementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether 9r not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or reaponsibliity of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- lng portions of the Work. 4.2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited propose of checldng for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or i~ the activities of the Owner, Contractor or separate contractors, while allowing suhiclent time in the Architect's professional judgment to permit adequate review. Review of such submitta}~ is not conriucted for the purpose of determining the accuracy and completeness of other detal~ such as dimensions and quantities, or fur substantiating instructions for installation or performance of equipment or systec, ms, all of.which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- ta~ shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.0 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.0 The Architect will conduct io~spections to deten-nlne the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner fur the Owner's re¥iew and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in can'ying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibR to be incot~po- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days at~er written request is made for them. 4.2.12 interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Cont~ctor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's de~sions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the 4.3 CLaUMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extensinn of time or other relief with respect to the terms of the Contract. The term "Claim" ~ includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.a.2 Decisk)n of ArchI-act- Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigaUon of a Claim between the Contractor and Owner as to all such mattess arising prior to the date final payment is due, regardless of(l) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has ~alled to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates'to a. 4.3.3 Time Um#s on Claims, ch-ams by either party must be made within 21 days after occurrence of the event gi¥1ng rise to such Claim or within 21 days af~er the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. A201-1987 11 4.3.4 Conti~Jlng Contract Pe~nna. Pending ~ re~- lurion of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Chime: Final Payment. The making of flnat payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .8 terms of special warranties required by the Contract Documents. 4.a.$ Chlm$ for Camenal~l or Un,thorn Comlltlon~ ffcon- ditlons are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, ff they differ maserlalIy and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially dLfferent from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determlm~tion' must be made within 21 days after the Architect has given notice of the decision, ff the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.S.? Ch~gr~ ~ A~! ~ ff the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shaft be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering ~ or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved fx)r reasons including but not limited to (1) a written interpretation from the Axchltect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.8.8 Ch!ms tot A~klflio~! TIm~ 4.3.8.1 ff the Contractor wishes to make Claim for an increase in the Contract Time, written notice as proxqded herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. in the case of a continuing delay only one Claim is n~essao,. 4;$.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.$.9 Injury or Damage to Person or Properly. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after fa'st observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8, 4.4 RESOLUTION OF Ct. AIMS AND DISPUTES 4.4.1 The Arc~tect w~ renew Cl~Tms and r~¢ one or more Cia]m: (1) ~quest addibo~ sup~oz~; data from the cl.~nant, (2) submit a ~bedule ~o the p'.~ indiear~in; when the tec~ expects to uk¢ action, (3) rej~t the C~ in who!e or in part, sta~ reasous for rejec(ion, (4) recommend app~o~d the Cl~ru by the other pa~ or (~) suggest a comprom~. The Archite~ ma~ ~so, hut is nor oh~g~ted to, notify ~ surety, ob~ approp~t¢ documentation. 4.4.3 If; Cl~i~ h~ not ~ resdived, the p~ m~kin~ the respouse, ta.~e one or ruore of the t'o~o w~og actions: (1) submit addition;] suppo~g d~ta requested by the Arehit~, (2) mod~ the im~al Cl.~n or (3) notify the Architect r~z the in]ti~ 4.4.4 ;f a ClaLm h~ not ~ r~JYed ;~ter couside~r~io~ of the foz~oing and of further evidence presented b~ the ~ or in writir~ that the Architect's d~-~sion ~1 be made within ~en days, wh~h d~sion s~ be fin~ and hindi~ on the part~ but suhJec~ to arbitration. Opon ex~oL~tion of such thn¢ the Con~;Ict Sum or Contact Time or both. ]f there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.$.1 ~mtrovsnfl~ nnd Ch!rrm Sul~t to Aflfltmtl~n. Any controversy or Claim arising OUt of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court havin$ jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and tendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has bom rendered. 12 A201o1987 4.$.2 ~ and ~ for A~tdtrl~lon. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rcotiy In effect, unless the paxtles mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance Dudng Artdtration. During arhi- tration proceedings, thc Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 Wheel AYo~IliOll M~/B~ D~m&ltl~d, Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has re~dered a ltnal written deci- sion on the Claim, (2) the tenth day after the partfes have pre- sented evidence t~ the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the live events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the dec,ion is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the patty making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall ~sult in the Architect's decision becoming ~ and bindli!g upon the Owner and Contractor. If the Architect renders a decision after arbitration proceeding have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for ar~ltration shall be made within the time limits specified In Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and In other cases within a reasonable time after the Claim has arisen, and In no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to paragraph 13.7. 4.5.5 Limitation on Consolk~tlon or Joinder. No arbitration arising out of or relating to the Contract Documents shall Include, by consolidation or Joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity ~ought to be joined. No arbitration shall include, by consolidation or Jolnder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as descflbed in Article 6 and other persons substantially involved in a common question of fact or hw whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose Interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a pex~on or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbltra~ with an additional person or entity duly con.¢ented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having Jurisdiction thereof. 4.5.6 Cblms -,nd Timely ~ of C~lrns. A party who files a notice of demand for arbitration must assert in the demand all CLl~ns then known to that pa~y on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvetumce or excusable neglect, or when a Claim has matured or bom acquked suhsequeaatly, the arbitrator or arbitrators may permit amendment. 4.5.'/' Judgm~lt on FI~I Aw&rd. The award rendered by the arbitrator or arbitrators shall be final, and Judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and mearrs a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as ff singular in number and means a Sub-subcontractor or an anthnt~'.ed representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRAGTS FO~ POfTTIONS OF THE WORK 5.2.1 ~nless othcz'wLse stated in the Contract Documents the bidd~ requirements, the Contractor, as soon as prac- ticable ~r awed o~ thc Con~'~ct, shal~ ~u~ In wrl~ the Owner through the Arch]1¢ct the u~mes of persons or coti- ties (including those who ~c to ~ materials or equipment fab~¢ated to a sp~lal de~1~) propos~ for c~ch principal tion o~th¢ ~ork. 'Thc ~tect w~l pzomptiy re~;y to the Con- tractor in writin~ stating wbether or not the Owner or the Architect, :~ter riu¢ invesU~tion, h~ ~.sonabfe objecUon to any such proposed pe~on or entity. F~ure of the Owner or Architect tO reply promptly sh~ constitute notice of no te~sun- $.2.2 The Con~'actor shall not cofitract w~th; prupo~ per- son or erttity to whom the Ov~l~r or A£ch]tect ~ m2de re3- so;~bi¢ and Umeiy objecUon. The Contractor sh~l not be re~uli'ed to contract with anyone to whom thc Contractor h~ m~de re~om~bie objection. 5.2.3 I~ the Owner or Architect h~ ~r~onabie ohj¢ctio~ to a person or entity propo~d by the Contrsctor, thc Contractor shall ~ropose another Io whom the Owner or Architec~: ~ no reasonable objection. Thc Conu~et Sum s~ be Incz~secl or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum ~ be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. WARNING: Un~cens~ ~ vlobtes U.S. copyright ~ and I~ m~ect to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the ex~nt of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and A~hitect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such fights, and shall allow to the Subcontractor, unless specWlcally provided otherwise in the subcontract agreement, the benefit 6f all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreemeots with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available tO thcyll- I~ipe~tive proposed Sub-subcontractors. 6.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and ~. assignment is subject to the prior righL~ of the sutery, if any, obligated under bond relating to the Contract. 6.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted, ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S NIokfr TO I~FO~M (X~IS'fROCIK}N AND TO AWARD SEPARATE CONTRACT8 6.1.1 The Owner reserves the right to perform construction or operations rehted to the project with the Owner's own forces, and to award separate contracts tn connection with other por- tlor~ of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor cialms that delay or additional cost is involved becanse of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Prolect or other construction or operations on the site, the term "Contractor" in the Contract Docfftnents in each case shalLmean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.$ The Owner shall provide for coordination of thc activi- ties of the Owner's own fo£ce$ and of each separate contractor with the Work Of the Contractor, who shall cooperate with them. The Contractor shah participate with other separate con- tractors and the Owner in revlewtn~g their eonstructlon scbed- uies when directed to do so. The Contractor shall.make any revisions to the construction schedule and Contract Sum deemed necessary after a Joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations rehted to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, induding, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAl. RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con-. tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- stnsction and operations with theirs as required by the Contract 6.2.2 If part of the Contrantor'~ Work del)ends for proper execution or results upon construction or operations by the Owner or a separate contractor, the contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other constcuction that wouid render it unsuitable for such proper execution and results2 Failure of the contractor so to report shall constitute an acknowledgment that the Owner's or sopa- rate contractors' completed or partially completed construction is fit and proper to t~-~etve the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted constsuction or to property of the Owner or separate contractors as pfo~ided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions Of paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Parag~ph 3.14. 6.3 OWNER'S RIGHT TO Ct. EAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- lng area fsee from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOC~ ~201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1,1 Changes in the Work may be accomplished after execu- tion of tlfe Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the Ilmiratlons stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and'Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Doom~ents or subsequently agreed upon, and ff quantities originally con- teanplated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Comract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methoda used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3, 7.3 CONSTRUCTION CHANGE DIRECTIVF~ 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed blt the Owner and Architect, directing a change in the Work and stating a proposed basis for adjust~nent, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Dl~ctlve, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tious, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the J:erms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adlustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by suffident substantiating data to per- mit evaluation; ~' .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive fflgned by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustmen{ in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fi'inge benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplle~ and equipment, includ- ing cost of transportation, whether incorporated or .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .$ additional co,ts ofsupervisinn and field office person- nel directly attributable to the change. 7.3.7 pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of o~dit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- FLrmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be f'~md on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the methbd shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- merit upon the adiustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. WARNING: Unlioensed photooopylng ~ ILS. copln~ht ~ and b ~ to legal prosecution, A201-1987 15 7.4 MI.O. CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent v/tth the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out stlch written orders promptly. ARTICLE 8 TIME 9,1 OEYlNITK)~ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 9.1.2 The date of commencement of the Work is the date established in the Agreement. The date shaft not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is respousible. 8.1.$ The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 9.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwqse specifically defined. 8,2 P~OGRESS AHD COMPLEllON 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor conflrnts that the Contract Time is a reasonable period for performing the Work, 9.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or ek%~where prior to the effective date oflnsusance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writiog not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests, 8.2.8 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 9.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an ,employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveties, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Archlwct determines may justify delay, then the Contract Time shah be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 9.$.3 This Paragraph 8,3 does not preclude recovery of dam- ages for delay by 'either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9,1 CONTRACT SUM 9.1.1 The Contract Sum ks stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the. Contractor for performance of the Work under the Contract Documents. 9,2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule 6f values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require, This schedule, unless objeeted to by the Architect, shall be used as a basis for reviewing the Contractor's Applies- titus for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date establ/sbed for each progress payment, the Contractor shall submit to the Arcltitect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall Be notarized, ff required4 and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subeontmctors and material suplSliers, and reflecting retatnage if provided for elsca~rhere in the Contract Documents. 9.3.1.1 Such applicatio;rs may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Direetives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. ff approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored Off the site at a location agreed upOn in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon ~ompliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for PaYment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFIOATE8 FOR PAYMEHT 9.4.1 The Architect will, within seven days aRer receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 WARNING: Unlicensed pttot~lg vlotstos U.S. copydght lavm and Is m~ to legal pm~eutlon. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representarion by the Architect to th~ Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents, The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will farther constitute a representation that the Contractor is entitled to payment fa the amount ~ed. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequence~ or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9,9 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to cextify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able trr make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .51 Failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that 'the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .9 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 ~en the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 A~er the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect, 9.9.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Cont~ctor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.9.51 The Architect wtil, on request, famish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor, 9.9.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.9.9 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.9.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.? F&lI.Ol~i OF 9.?.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days afxer receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tiffed by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount offlae Contractor's reasonable costs of shut<lown, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Subscmt~d Completion ~s thc stsgc in the progress of thc Work wben thc Work or des~ted pomon thereof is sum- c~enti¥ complete in aceorda~ce with thc Con~'act Dcx.*-amcnts so thc Owner ~ occupy or utitizc thc Work for its intended 9.9.2 When the Comractor considers that thc Work, or~ por- tion thereof which thc Owner ~ to ~ccept scpa~tely, is substantlaUy complete, thc Con~'actor sh~U prei~rc and sub~t to thc Architect a comprehc~sivc Us;. of items to be completed or corrected. Thc Con~ractor sb;d] proceecl promptly to como p]cte and correct item, s on the Ust. P~Jute to include an i£ec~ on such list does not aker thc responsihU~ty of thc Conb*~ctor to complete ;dj Work in accorcL~mcc wkh thc Contract ments. Upon receipt of thc Contractor's list, thc .~rChitect wi]i m;kc an inspection to determine whether thc Work or des~- AI~ DOCU~g=NT A~01 · GENERAL CONDITI~)NS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON', D.C 20006 WARNING: Unllce~ed photocopyhtg vlolate~ U.S, =o~fHght ~ and Is subject to tegal prosecution. A201-1987 17 hated portion thereof is substantially complete. If the Ai'chitect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shaH, before issuance of the Certificate of Substantlai Com- pletion, complete or cor~ct such item upon notification by the Architect. The Contractor shall then submit a ~quest for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantlal'Complerion, shall establish responsibilities of the Owner and Contractor for secmiry, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or desi~,nated portion thereof unless otherwise provided in the Certificate of Substantial Comple- than. The Certificate of Substantial Completion shall be sub- mired to the Owner and Contractor for their written accel> tance of responsibilities assigned to them in such Certificate. 9.8.$ Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certLfieation by the Architect, the Owner shall make payment, reflecting adjustment in retainage, tf any, for such Work or por- tion thereof as provided in the Contract Doom~ents. 9.9 PARTIAL OCCUPANCY OR USE daJl¥ completed portion of the Work at any sta~ when such tot, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such ~ occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage ff any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties reqnl~d by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a ~t to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or u~e shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, ffno agreement is reached, by dec,ion of the Architect. 9.9.2 Immediately pdor to such partial occupancy or use, the Owner, Contractor and Architect shall Jointly inspect the area t~ be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9,9.3 Unless otherwise ag~ed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accel> tance of Work not complying with the ~quirements of the Contract Documents. 9.10 FINN. (X)MPt. ETIOH AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work Ls ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, infotmarion and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the enrire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Pa)anent will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Cot~tract Documents to remain in force after final payment is currently in effect and wli] not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4} consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may fumlah a bond satisfactory to the Owner to indemnify the Owner against such lien. ffsuch lien remains unsatisfied after payments are made, the Contcactor shall refund to the Owner al~ money that the Owner may be cornpelied to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is mateda/ly delayed through no fault of the Contractor or by issuance of Change Orders ~ final completion, and the Archin.-ct so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retatnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certillcatlon of such payment. Such payment shall be made under terms and conditions governing llnal payment, except that It shall not constitute a waiver of claims. The nmking of final payment shaft . constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or matedal supplier shall constitute a waiver of claims by that payee except those previously made in writing and Identified by that payee as un~ttied at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 WARNING: Unllceneed photocopying vIolate~ U.$, copydght lewe and I$ ~ublect to legal prosecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY pRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for Lqitlating, main- tain~g and supervising all safety precautions and progran~ Lq connection with the performance of the Contract. 10.1.2 In the ever~t the Contractor encounters on the site material re~onably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work Lq the area affected and report the condition to the Owner and Architect Lq writing. The Work in the affected area shall not thereafter be resumed except by wtitten agreement of the Owner and Contractor if in fact the material is asbestos or polychlotinated biphenyl (PCB) and has not been rendered harmless. The Work Lq the affected area shall be resumed Lq the absence of asbestos or polychiori- hated biphenyl (PCB), or when it has been rendered harmless, by written al~eemeot of the Owner and Contractor, or Lq accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To tile fullest extent permitted by law, the Owner shall Lqdenlnify and hold harmless the Contractor, Architect, Archi- rect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fee~, arising out of or re~ulting from performance of the Work in the affected area ii Lq fact the matetial is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, daruage, Inss or eJrpense is attributable to bodily injury, sickness, disease or death, or to injury' to or destruction of tangible property (other than the Work itsei0 including loss of use resulting therefrom, but only to the extent caused in whole or Lq part by negligent acts or omissions of the Ownec, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardie~ of whether or not such claim, damage, loss or expense is caused Lq part by a party indemnified hereunder. Such obligation shall not be construed to negate, abddge, or reduce oti~r rights or obligations of Lqdemnlty which would otherwise exist as to a party or person descrt~ed Lq this Subparagraph 10.1.4. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, reg01ations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and car~ on such activities under supervision of properly qualified personnel, 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured utlder property insurance required by the Contract Documents) to property referred to Lq Clauses 10.2.1.2 and 10.2. 1.3 caused Lq whole or Lq part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or ne~lio-gence of the Contractor. The foregoing obligations of thc Contractor are in addition to the Contractor's obligations under Paragraph 3.1 8. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor Lq writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10,3 EMERGEHCIES 10.3.1 in an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determLqed as provided in Paragraph 4.3 and Article 7. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, inlury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether Lq storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- .3 other property at the site or adlacent thereto, such as trees, shrubs, lawns, walks, pavementS, roadways, structures and utiilti~ not designated for removal, relo- cation or mplaeen-,ent Lq the course of construction. INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall pucchase from and maintain Lq a company or corupanies lawfully authorized to do business Lq the jurisdiction Lq which the Project is located st]ch insurance as will protect the Contractor from claims set forth below Wl31ch may arise out of or result fi-om the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directiy or Lqdirecdy employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensalion, dissbliity benefit and other sirnllar employee benefit act5 which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .$ claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .$ claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, induding loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability .insurance appli- cable to the Contractor's obligations under Paragraph 3,18, 11.1.2 The insurance required by Subl:raragraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencernent of the Work until date of final payment and termination of any coverage required to be main- tained after final payment, 11.1.$ Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph ILl shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to main in force after final payment ~nd are reason- ably availahle, an additional certificate evidencing continuation of such cover-age shall be submitted with the final Application for Payment as required by Subparagraph 9.10,2. Information concerning reduction of coverage shall be fomlshed by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S L.IABIUTY INSURAHCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for .self- protection ~i~st c[ah~s which may arise from operations under the Contract. 'l:he Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract 11.3 PROPERTY INSURANCE 11.3.1 Lin]ess otherwise provided, the Owner shall purchase and maintain, in a company or comparlies hwfully authorized to do busIness in the jurisdiction In which the project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untmy deductibles. Such property insurance shall be main- mined, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons ami entitles who are beneficiaries of such insurance, until Final payment has been made as provided in paragraph 9.10 or until no person or entity other than the Owner has an insurable Interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk p~ilcy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other periis shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 if the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coYerages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the ~ontractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner, If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified In the Contract Docu- ments, the Contractor $hall pay costs not covered because of such deductibles. If the Owner or insurer increases the t~luired minimum deductibles above the amounts so identified or if the Owner elects to purchase th~ insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit., 11.$.2 Boiler .and Machlneqf Insog~lce. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specLelcaily cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include Interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.:$ Lo~s of Uso Insurar~ce. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused, The Owner waives all rights pf action aLZ'~lnst the Contractor for loss of us~ of the Owner's property, including consequential losses due to fi. re or other hazards however caused. 11.3.4 ffthe Contractor requests in writing that insurance for risks other than those described herein or for other special haz- arch be included in the property insurance policy, the Owner shall, ff possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order, ~0 A201-1987 AIA DO~J~ENT A201 · GENF2~AL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NliWYORKAVENUE, N.W.. WASHINGTON, D.C. 20006 WARNING: Unlk:ensed photocopying vlolste. U.S. ~opyrlght 11.8.5 If during the Project construction pedod the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by .property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by lire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.$.6 Before an exposure to loss may o~cur, the Owner shall file with the Contractor a copy of each policy that includes Insurance coverages required by this paragraph 11.3. Each policy shall contain all generally applicable conditions, defafi- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Walvem of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contrac~rs described in Artide 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property Insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties en,.a-n- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clanse and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their Just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11,3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence' of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds ~o received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award ..in which case the procedure shall be as provided in Paragraph 4.5. If aier such foss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 Thc Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in wdting within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. Tl~ Owner as fKiuciary shall, fo that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will ~t such distribution. 11.$.11 partial occupancy or use in accordance with Paragnph 9.9 shall not commence until the insurance company or corn- parties providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AHD PAYMENT BOND 11.4.1 Thc Ovmer shall have the fight to require the Contrac- rot to ~undsh bonds coveting ~aithfui pcrfom~mce of the Con- w~et and payment of obligations arising thereunder as stipu- lated in bidding requirements or specfficaliy required in the Conb~act Documents on the date of execution of the Con~. 11.4.2 Upon the requc~ of any person or entity apl:~uing to be a potentiai bcncr"~ia~ of bonds covering payment of obUga- tions arising under the Conu-act, the Conwactor shail promprJ¥ forrdsh a copy of the bonds or shall pemdt a copy- to be ma~e. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contntry to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovet~l for the Architect's observation and be replaced at the Contractor's expense without change in th~ Contract Time. 12.1.2 ff a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall prompfly correct Work reich:ted by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabflcated, Installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year aRer the date of Substantial Comple- tion of the Work or designated portion thereof, or aRer the d~te WARNING: Unllce~md p~ violates U.S. cop~tght law~ end Is m~ Io legal pr0~eoufla~. for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly alter receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portiotxs of Work first performed after Substantial Completion by the period of time between Substan- [rial Completion and the actttal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such noti6e promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither cor£ected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct R in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expem~. If the Contractor does not pay costs of such removal and storage within ten days lifter written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and ext:Rmses made necessary thereby. If such proceeds of sale do not cover co, ts which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency, ff payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or dallmged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- stmed to establish a period of limitation with respeet to other obligations which the Contractor ml4ght have under the Con- tract Documents. Establishment of the time period of one year as deso-ibed in Subparagraph 12.2.2 relates only to the specific obligatfon of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, not to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specLqcally to correct the Work. 12.3 ACCEPTANC~ OF NONCONFORMING WORK 12.3.1 If the Owner pre.rs to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its re~tuoval and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected wbether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by thc law of the place where the Project is located. 13.2 SUCCESSORS AND AgSIGNS 13.2.1 The Owner and Contractor respectively bind them- seNes, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an a~signment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTENNOT~E 13.3.1 Written notice shall be deemed to have been duly served ff delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or ff delivered at or sent by registered or certified mail to the last business address known to the party giving notiee~ 13.4 RIGHTS AND REMEDIES. 13,4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under, the Contract, nor shall such action or failure to act constitute approval of or acquiescence kl a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Testa, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or ordea$ of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- in4g laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notlce of when and where tests and inspec- tions are to be made so the Architect may observe such proee- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until al~er bids are received or negotiations concluded. .. 13.5.2 If the Architect, Owner or public authorities having Jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5. I, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arran4~ements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 WARNING: Unlh:en.ed photocopy?rig vlobte~ LL~. cop~ ~ and b ~ to legal Szo~udon. The Ortner shall bear such costs except as provided in Sub- paragraph 13.5,3. 18.6.8 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall b~r all costs made necessary- by such f~ilure including those of repeated procedures and compensation for the Aschitect's services and expenses. 13.6.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Doom~ents, be secured by the Contractor and promptly delivered to the Architect, 13.6.6 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTERES'T 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the patties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the phce where the project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 AS betwc'~ the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall ~ to run and may alleged cau~;e of acUon shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; cafe lot Plyment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Ce~fi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accsued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Cerllflemte for Payment. As to acts or failures to act ocom-tng after the relevant date of issu- ance of thc final CertLficatc for PaTment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not lates than the date of any act or failure to act by the Contractor pursuant to any warrant,/provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any offset act or failure to perform any duty or obligation b7 the Contractor or Owl~er, whichever OCo. lr$ last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of nationsl emergency, making material unas'ailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than I O0 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day peflod, whichever is less; or .6 the Owner has failed to furnish to the Contractor prompdy, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above rea.sons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, temdnate the Contract and recover from the Owner payment for Wonk executed and for proven loss with respect to materials, equipment, tools, and consrtuction equipment and machinery, including reasonable overhead, profit and 14.1.3 If the Work is stopped for a period of 60 days through - no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Ownes has pemistentiy failed to fulfill the Owner's obligations under the Contract Documents with respect to matters Impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner anti the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2, 14,2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations Or ordc'~ of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Doounents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to ins- WARNING: Urdleen~ed photooopylng vlolate~ U.S. coplntght ~ and I$ ~ to legal peo~cutlon. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, ff any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of.subcontracts pursuant to Para- graph 5.4; and .$ finish the Work by what. vet reasonable method the Owner may deem expedient. 14.2.8 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work ~s fiftished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made t~ecessary thereby, such excess shall be paid to the Contractor.-ff such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Comractor or Owner, as the case ma:,, be, shall be certified by the Architect, upon applL cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUS~ENSIOR BY ~ OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine, 14.$.2 An adjustment shall be made for increases in the cost of per.finance of the Contract, including profit on the increased cost of performance, caus65 by suspension, delay or interrup- tion. NO adjustment shall be made to the emenf: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor i~ responsible; or .2 that an equitable adjustment is made or denied under another provision of rios Contract. 14.$.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 ~ DOCi~ENT J~l * GI~IIRAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION MAe · © 1987 TH£ AMERICAN IN~ i i i uTE OF ARCHITECTS, 1735 NEW YORK AV~HLfE, N.W.. WASHINGTON, D.C. 20006 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $ t00,000. Grading & Seeding - Sports Playing Field F-I .2 .3 Comprehensive General Liability (Including Premises . Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Grading & Seeding - Sports Playing Field F-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from an~ and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents flsing out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Grading & Seeding - Sports Playing Field G-I NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non.discrimination clauses", and requesting such labor union or representative to agree in writing, whether In such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to Insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-Job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such 'labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative falls or refuses so to agree In writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and. keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. do The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Grading & Seeding - Sports Playing Field J-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended In whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be Imposed and remedies othenvise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order In such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action In enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved In or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's reepresentstivesl counsel, request him to Intervene and protect the Interests of the Owner (Contracting Agency's jurisdictional area). Grading & Seeding - Sports Playing Field J-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Grading & Seedin.q - Sports Playing Field at STRAWBERRY FIELDS FAIRGROUNDS COUNTY ROUTE 48 MATTITUCK, New York 11952 Grading & Seeding - Sports Playing Field L-1 NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC NORK STAT~,.~...~,,E CAMPUS, BLDG. 12 ALbAnY, NY 122~0 SCHEDULE 200q Date 05/0q/05 TOHN OF SOUTHOLD JAMES MCMAHON. DIR. OF~P.H. 55095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 PRC 0505702 ORANGE COUNTY Location and. Ty~e of Project PROJECT ID #. NONE CLEARING.GRADING AND SEEDING.STRAHBERRYFIELDS FAIRGROUNDS. ROUTE q8 SOUTHOLD, NY 01 In response to your request, enclosed is the schedule of the prevailing hourly Hage rates and the prevailing hourly supplements for the above proJect~ ~ogether High copies of the Notice of Contract Let (PH-i6) for your use, THE SCHEDULE MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS, These schedules have been prepared and forHarded in accordance Hith Article 8 of the NYS Labor LaH, Hhich provides that it shall be the du~y of ~he fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be ~aid ~o workers~ laborers and mechanics en~oloyed on public wore projects, and ~o flle such schedules with the Department having jurisdiction. This schedule is effective from Jul~ 1, 200q through June 50, 2005. All upda~es~ corrections and futura cop~es of the annual determination era available on the Department's Hebsi~e (www.labor.sta~e.n~.us). The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Hark. Care should be taken to rev[eH the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to'use the proper rate. If there is a question on the proper classification to be used, please call the district office ~ocated nearest the pro~ect. NOTICE TO CONTRACTING AGENCIES: Upon cancellation or compleX/on of this project~ enter the necessary informa~ion and return this page to= New York State Department of Labor Bureau of Public Hark State Office Campus, Bldg. 12 Albany, NY 122fi0 PROJECT HAS BEEN COMPLETED/CANCELLED= Signature Title For additional information, con*act our local District Offices= Albany (518) ~57-27q~ Syracuse (515) ~28-q056 Binghamton (607) 721-8005 Rochester (716) 258-~505 Buffalo (716) 8fi7-7159 U, ica (515) 795-251~ Garden City (516) 228-5915 Hhite Plains (91~) 997-9507 New York C~ty (212) 552-6088 PH-200 (6-03) STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public Work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed ~art of the public work contract. Upon the signing of the contract, the Department of urisdiction MUST advise the Bureau of Public Work on a form supplied ,b.y the Bureau as to the name of the contractor to whom the contract was awarded, the date an~l the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Section~ 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction th.at awarded the public work contract. Such. officer MUST then withhold or cause to be w~thheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as s.uf~..icient to satisfy the unpaid wages and suppl.ements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. STATE OF NEW YORK DEPARTMENT OF LABOR Bureau of Public Work Room 130, Building 12 Harriman State Office Building Campus Alb~y, New York 12240 IMPORTANT NOTICE REGARDING PREVAIl,lNG RATE UPDATES The Department of Labor's Bureau of Public Work is no longer provjdlng individually printed copies of the updated prevailing wage schedule. Instead, the schedule is available to you on our web site: www. labor, state.n¥.us. All the other requirea~ents concerning the schedule remain in place. Contracting agencies are still required to request a schedule from the Burenu prior to issuing a bid for a public work project, and the schedule must be annexed to the bid document. In addition, the Bureau must be notified who the contract hn.~ been awnrded to. Contractors are still required to post the schedule on the jobsite and provide copies of the schedule to all their contractors. The requirement thnt contractors obtain affidavits from the subcontractors that such schedules have been pwvided is also in effect. In the event that y~u do not have web access or are unable to accas~ the Department's website, please fax a written request for a printed copy of the schedule to the Central Office of the Bureau of Public Work at (518) 485-1870. This change allows the Department to provide this important information on a timelier basis and makethe information contained in R more widely available. If you have any questions about thi~ change, please contact the Bureau of Public Work at (518) 457-5589. 06/01/03 Telephone (518) 457-5589 nysdol~abor:g~e.ny~uB. Fax (518) 485-1~870 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification Is a violation of the Equal Opportunit~ clause in his contract. As used In this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or drasslng areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained Identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications In his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted Identical certifications for specific time periods): Grading & Seeding - Sports Playing Field M-1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (2) (3) (4) (S) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, 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, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment 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 employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice In conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required 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 the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or In part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized In Executive Order No. 11245 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided In Executive Order No. t 1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Grading & Seeding - Sports Playing Field M-2 (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 pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may dlract as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or Is threatened with, litigation with a subcontractor or vender 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." 3. FEDERAL PROCUREMENT REGULATIONS EC~UAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in Its place, If such prime contractor or subcontractor (I) Is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (11) has 50 or more employees; {iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which Is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements In subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually In accordance with subparagraph (1) of this paragraph, or at such other Intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such Information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and Is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Grading & Seeding - Sports Playing Field M-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state In the bid or at the outset of negotiations for the contract whether it has participated In any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, partlcipatad in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained In section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contrecta or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Grading & Seeding - Sports Playing Field M-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall Include a prevision for compliance with the Copeland "Anti-Kick Back" Act (t8 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohlbltad from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. au Where applicable, all Contracts awarded In excess of $ 2,000 for construction contracts and In excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall Include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week Is permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked In excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act Is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as detsrmlned under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of Intelligence. Grading & Seeding - Sports Playing Field M-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agencyand the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies In Instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. Ail contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded In excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not dlscrimlnata on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly Investigated. Grading & Seeding - Sports Playing Field M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that 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 permlttad 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 emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide 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 reglsterad 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 subcontractor will be raqulred to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who Is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, In any manner, discriminate against or Intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention Is directed to the provisions of the State law against Dlscrimlnatlon which also prohibits discrimination in employment because of age); (C) That there may be deducted from the amount payable to the contractor by the State or municipality under this 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; Grading & Seeding - Sports Playing Field M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least slx consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference In employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that If in the construction of the public work a harmful dust hazard Is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that If the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must Include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It Is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged In the public work described In this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder Is being conducted, the Notice of the State Commission for Human Rights Indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted In easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights In the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination In employment Including discrimination because of age, race, creed, color or national origin. Grading & Seeding - Sports Playing Field M-8 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part I - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. SITE CLEARING - 2230 2. EARTHWORK 2300 3. LAWNS & GRASSES - 2920 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION OF PROJECT CONDITIONS: A. Traffic: Minimize interference with adjoining Streets, roads, adjacent property and other works to remain during site clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold. B. Utility Locator Service: Notify utility mark out service prior to commencement of site clearing. C. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. 3.02 DISPOSAL: A. All Brush, Trees, Stumps and vegetation debris generated from Site Clearing activities shall be stockpiled in an approved location on site as designated by the Town. This material shall be removed by Town of Southold Personnel at no cost to the Contractor. B. Burning of material on the site will not be permitted. C. Removal of construction Debris: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. END OF SECTION Grading & Seeding - Sports Playing Field 2100-1 Section 2230 - SITE CLEARING Part 1 - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Temporary erosion and sedimentation control measures. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 2. EARTHWORK 2300 3. LAWNS & GRASSES - 2920 1.03 DEFINITIONS: A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than two inches in diameter; and free of sub-soil and weeds, roots, toxic materials, or other non-soil materials. B. Tree Protection Zone: Area surrounding adjacent woodland on the northerly side of the proposed field as indicated by "limits of clearing" as indicated on the drawings. Clearing limits will be designated bythe Town of Southold and flagged by the Contractor prior to construction. 1.04 MATERIAL OWNERSHIP: A. All Topsoil and satisfactory sub-soil generated by construction activity shall remain the property of the Town of Southold. B. Satisfactory sub-soil generated shall be used as fill for grading to achieve the final design elevations of the proposed playing field. C. Satisfactory sub-soil generated in excess of required fill shall be transported by the Contractor to a designated Town site within the immediate area of the project location. 1.05 QUALITY ASSURANCE: A. Preconstruction Conference: The Contractor shall be responsible for scheduling a preconstruction conference at the Project Site. Part 2 2.01 - PRODUCTS SOIL MATERIALS A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in section 2300 "EARTHWORK". Contractor shall obtain approval for all borrow materials that may be required when and if unsuitable subsoil conditions are encountered. Grading & Seeding - Sports Playing Field 2230-1 Part 3 - EXECUTION 3.01 PREPARATION: A. Protect and maintain benchmarks and survey control points from disturbance during construction. The Town of Southold shall establish two benchmark control points (A 0+00 & A 6+50) as shown on the drawings. Survey work, if needed or as required, shall be the responsibility of the Contractor. B. The Contractor shall be responsible for coordinating the Flagging of the Clearing Limits with the Town of Southold prior to construction. C. The Contractor shall protect all existing fields, access roads and site improvements to remain from damage during construction. 1. The Contractor shall be responsible for restoration of all site damage to its original condition or as acceptable to the Town. 3.02 TEMPORARY EROSION AND SEDIMANTATION CONTROL: A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent woodlands, properties, walkways and roads in accordance with EPA Phase II Storm-water Regulations. B. Inspect, Repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established. C. Contractor shall be responsible for the removal of erosion and sedimentation controls and shall restore and stabilize all areas disturbed during removal. 3.03 CLEARING AND GRUBBING: A. Remove all obstructions, trees, shrubs, grass and other vegetation within the limits of clearing as shown on the Site Grading Plan. B. All stumps, trees, brush and related vegetative debris shall be shaken free of soil and stockpiled in a designated area as selected by the Town of Southold. C. Remove and strip all topsoil, eight to ten (8"/10") inches in depth, from the proposed field and stockpile in an approved location for reuse. 3.04 DISPOSAL: A. Remove all surplus soil materials, unsuitable topsoil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off Owner's property. B. All stumps, trees, brush and related vegetative debris generated by the Clearing & Grubbing operation shall be removed from the designated stockpile area by the Town. END OF SECTION Grading & Seeding - Sports Playing Field 2230-2 Section 2300 - EARTHWORK Part 1 - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Preparation of sub-grades for lawns and sports playing fields. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 2. SITE CLEARING 2230 3. LAWNS & GRASSES - 2920 1.03 DEFINITIONS: A. Grading Materials: Sub-soil materials encountered below existing topsoil layer consisting of loam, sand and gravel. B. Excavation: Grading of materials encountered above sub-grade elevations of new sports playing fields. 1. Unauthorized Excavation: Excavation below sub-grade elevations or beyond indicated dimensions without direction by the Architect. Unauthorized excavation, as well as remedial work directed by the Architect, shall be without additional compensation. C. Borrow: Satisfactory soil imported from off-site for use as fill or grading material. D. Fill: Soil materials used to raise existing grades. E. Sub-grade: Surface or elevation remaining after completing excavation, or top surface of a fill immediately below topsoil materials. 1.04 QUALITY ASSURANCE: A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according to ASTME 329 to conduct soils material tests and verification of soil compaction rates. B. Pre-excavation Conference: Conduct a Project Site conference prior to commencement of work. 1.05 PROJECT CONDITIONS: A. Existing Utilities: It is assumed by the Town of Southold that utilities do not exist in the immediate area of the work. The Contractor shall be responsible for verification of same. B. Existing Roads and Site Access: Access roadways within the property limits are considered stable. The Contractor shall be responsible for maintenance of these roads and all restoration work required or made necessary by construction activities shall be the responsibility of the Contractor. Grading & Seeding - Sports Playing Field 2300-1 Part 2 - PRODUCTS 2.01 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Excess Soil Materials: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the Town of Southold, all excess fill materials shall be the property of the Town of Southold and shall be removed by the Contractor to an adjacent Town Site at the Contractors expense. C. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or a combination of these group symbols; free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. D. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or any combination of these group symbols. t. Unsatisfactory soils also include satisfactory soils not maintained within two (2%) percent of optimum moisture content at the time of compaction. E. Fill: Satisfactory soil materials. Part 3 - EXECUTION 3.01 PREPARATION: A. Protect structures, roads, adjacent playing fields, trees and other items from damage caused by construction activities & earthwork operations. B. Protect sub-grades and fill material against freezing temperatures or frost. Provide protective insulating materials as necessary. C. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil bearing water run-off or airborne dust to adjacent properties. Erosion control measures shall meet the minimum requirements of EPA Phase II Storm-water Pollutant Regulations. 3.02 EXCAVATION, GENERAL: A. Unclassified Excavation: Excavation to sub-grade elevations regardless of the character of surface and sub-surface conditions encountered, including rock, soil materials and obstructions. 1. If excavated materials intended for Fill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. 3.03 STORAGE OF SOIL MATERIALS: A. Stockpile Topsoil and satisfactory excavated soil materials without intermixing. Place, grade and shape stockpiles to drain surface water. Cover to prevent wind blown dust. 1. Stockpile soil materials in an approved location as designated by the Town of Southold. Grading & Seeding - Sports Playing Field 2300-2 3.04 Fill A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than one vertical to four horizontal so fill material will bond with existing material. C. Place satisfactory soil materials as required in maximum lifts of eight inches in thickness. 3.05 APPROVALOF SUB-GRADE: A. Notify Architect when excavations have reached required sub-grade. B. If Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof roll sub-grade with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated Sub-grades. D. Reconstruct sub-grades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by the Architect. E. Side slope grades at the North Easterly perimeter of the new sports playing field shall not exceed slopes that are steeper than one vertical to four horizontal. 3.06 MOISTURE CONTROL: A. Uniformly moisten or aerate sub-grade and each subsequent fill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.07 COMPACTION OF FILLS: A. Place fill materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than four inches in loose depth for material compacted by hand- operated tampers. B. Place sub-grade fill materials evenly to obtain required elevations and compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 698: 1. Under the new sports playing field, scarify and re-compact top six (6") inches below sub-grade and compact each layer of fill material at 85 percent. Grading & Seeding - Sports Playing Field 2300-3 3.08 GRADING: A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Complywith compaction requirements and grade to contour lines and elevations indicated. 1. Provide a smooth transition between adjacent existing grades where indicated or required. 2. Cut out soft spots, fill Iow spots and trim high spots to comply with required surface tolerances. B. Site Grading: Slope grades to direct water in a northerly direction and prevent standing water. Finish sub-grades to required elevations within tolerances of plus or minus one (1") inch. 3.09 PROTECTION: A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, ruffed, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Architect; reshape and re-compact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to the greatest extent possible. 3.10 DISPOSAL OF SURPLUS AND WASTE MATERIALS: A. Disposal: Transport surplus satisfactory soil to designated storage areas on adjacent Town of Southold property. Stockpile or spread soil as directed by the Architect. 1. Remove waste material, including unsatisfactory soil, trash, miscellaneous debris, and legally dispose of it away from Town of Southold Property. END OF SECTION Grading & Seeding - Sports Playing Field 2300-4 Section 2920 - LAWNS AND GRASSES Part 1 - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Seeding. 2. Lawn Renovation. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 3. SITE CLEARING 2230 2. EARTHWORK 2300 1.03 DEFINITIONS: Finish Grade: Elevation of finished surface of planting soil. B.Planting Soil: Native topsoil. C. Sub-grade: Surface or elevation of sub-soil remaining after completing excavation or top surface of a fill immediately beneath the planting soil. 1.04 SUBMITTALS: A. Product Data: For each type of product indicated. B. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. 1. Certification of each seed mixture for turf-grass, identifying source, Including name and telephone number of supplier. C. Product Certificates: For soil amendments and fertilizers, signed by product manufacturer. D. Qualification Data: For Landscape Installer. E. Material Test Reports: For existing surface topsoil. F. Planting Schedule: Indicating anticipated planting dates for each type of planting. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of lawns during a calendar year. Submit before expiration of required maintenance periods. 1.05 QUALITY ASSURANCE: A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. t. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. Grading & Seeding - Sports Playing Field 2920-1 .06 .07 1.08 B. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; PH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil product. C. Pre-Installation Conference: Conduct a pre-application conference with Town of Southold before commencing seeding operations. DELIVERY, STORAGE AND HANDLING: A. Deliver seed in original; sealed, labeled and undamaged containers. SCHEDULING: A. Clearing, Grubbing, Excavation, Grading, Fill and related site work may begin on or after August Ist, 2005. Planting shall begin the middle of September and be completed by October tst, 2005. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. LAWN MAINTENANCE: A. Begin maintenance immediately after each area is planted and continue until acceptable lawn is established, but for not less than 60 days from a date of Substantial Completion. 1. When full maintenance period has not elapsed before end of planting season, or if lawn is not fully established, continue maintenance during next planting season. B. Maintain and establish lawn by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations as needed. Roll, re-grade, and replant bare or eroded areas and re-mulch to produce a uniformly smooth lawn. C. Watering: Provide and maintain temporary watering system consisting of piping, hoses, and lawn-watering equipment to convey water from sources and to keep lawn uniformly moist to a depth of 4 inches. 1. Schedule watering to prevent wilting, standing water, erosion arid displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. 2. Water lawn for 30 days with fine spray as necessary. D. Mow lawn as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cuffing more than 40 percent of grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowing. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowing to maintain a grass height between 3/4 to 2 inches high. Grading & Seeding - Sports Playing Field 2920-2 Lawn Post-fertilization: Apply fertilizer after initial mowing and when grass is dry. t. Use fertilizers that, when used, will provide actual nitrogen of at least I Lb./1000 sq. ft. to lawn area. P.art 2 - PRODUCTS 2.01 SEED: A. Grass Seed: Fresh, clean, dry, new-crop sees complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances. B. Seed Species: State-certified seed of grass species, as follows, tolerance for germination shall be those called official and tabulated by the U. S. Department of Agriculture: 1. Seed Mixture shall be L.I.C.A. Southold Town Blue/Rye Mix as follows: a. 30 percent Jasper II Fescue. b. 20 percent Blue Velent Blue Grass. c. 20 percent Fiesta 3 Perennial Ryegrass. d. 20 percent Cutter Perennial Ryegrass. e. 10 percent Touchdown Blue Grass. 2.02 TOPSOIL: A. 2.03 Topsoil: ASTM D 5268, pH range of 5 to 7, a minimum of 5 percent and maximum of 20 percent organic material conte.nt; free of stones 1/2 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on-site. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps and other extraneous materials harmful to plant growth. 2. Topsoil Source: Amend existing in-place surface soil to produce topsoil. Verify suitability of surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps and other extraneous materials harmful to plant growth. INORGANIC SOIL AMENDMENTS: A. Lime: ASTM C 602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent and as follows: 1. Class: Class T, with a minimum 99 percent passing through No. 8 sieve and a minimum 75 percent passing through No 60 sieve. 2. Class: Class O, with a minimum 95 percent passing through No. 8 sieve and a minimum 55 percent passing through No 60 sieve. 3. Provide lime in form of dolomitic limestone. B. Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through No. 6 sieve and a maximum 10 percent passing through No. 40 sieve. Grading & Seeding - Sports Playing Field 2920-3 2.04 2.05 C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. D. Aluminum Sulfate: Commercial grade, unadulterated. E. Perlite: Horticultural perlite, soil amendment grade. F. Agricultural Gypsum: Finely ground, containing a minimum of 90 percent calcium sulfate. G. Diatomaceous Earth: Calcined, diatomaceous earth, 90 percent silica, with approximately 140 percent water absorption capacity by weight. H. Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight. I. Sand: Clean, washed, natural, frae of toxic materials. ORGANIC SOIL AMENDMENTS: A. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8.5; moisture content 35 to 55 percent by weight; 100 percent passing through 1/4 inch sieve; soluble salt content of 5 to 10 decisiements/m; not exceeding 0,5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic matter Content: 40 to 50 percent of dry weight. 2. Feedstock: Agricultural, food, or industrial residuals; or yard trimmings. B. Pete: Sphagnum peat moss, partially decomposed, finely divided or granular texture, with a pH range of 3.4 to 4.8. C. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture, free of chops, stones, soil, or toxic materials. D. Manure: Well-rotted, unleached, stable or cattle manura containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth. FERTILIZER: A. Bone meal: Commercial, raw or steamed, finely ground; a minimum of t0 percent nitrogen and 20 percent phosphoric acid. B. Super-phosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. C. Commercial Fertilizer: Commercial-cjrade complete fertilizerofneutral character, consisting of fast and slow release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous and potassium in the following composition: 1. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil-testing agency. Grading & Seeding - Sports Playing Field 2920-4 2.06 2.07 D. Slow Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water insoluble nitrogen, phosphorus and potassium in the following composition: 1. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil.testing agency. MULCHES: A. Straw Mulch: Provide air-dry, clean, mildew and seed free, salt hay or threshed straw of wheat, rye, oats or barley. PLANTING SOIL MIX: A. Planting Soil Mix: Mix topsoil with the following soil amendments and fertilizers in the following quantities: 2. 3. 4. 5. 6. 7. Ratio of loose Compost to Topsoil by Volume: 1:3 Ratio of loose Peat to Topsoil by Volume: 1:4 Weight of Ume 11000 Sq. Ft.: As recommended. Weight of Bone meal / 1000 Sq. Ft.: As Recommended Weight of Superphosphate 11000 Sq. Ft.: As Recommended Weight of Commercial Fertilizer / 1000Sq. Ft.: As Recommended Weight of Slow Release Fertilizer/1000 Sq. Ft.: As Recommended Part 3 - EXECUTION 3.0t EXAMINATION: A. Examine all areas to receive lawns and grass for compliance with 3.02 SITE A~ 3.03 requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. PREPARATION: Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties. PREPARATION: Limit lawn sub-grade preparation to areas to be planted. Newly Graded Sub-grades: Loosen sub-grade to a minimum depth of 4 inches. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off site. 1. Thoroughly Blend planting soil mix before spreading topsoil and apply soil amendments and fertilizer on surface and thoroughly blend into planting soil mix. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Mix lime with dry soil before mixing fertilizer. LAWN A. B. Grading & Seeding - Sports Playing Field 2920-5 2. Spread planting soil mix to a minimum depth of 4 inches but not less than required to meet finish grades after light rolling and natural settlement. Do not spread if planting soil or sub-grade is frozen, muddy or excessively wet. a. Spread approximately one-half the thickness of planting soil mix over loosened sub-grade. Mix thoroughly into top 4 inches of sub-grade. Spread remainder of planting topsoil mix to achieve final grade. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove Hdges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate futura. Moisten prepared lawn areas-before plantin~if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. Restore areas if eroded or otherwise disturbed after finish grading and before planting. 3.04 SEEDING: A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in two directions at Hght angles to each other. 1. Do not use wet seed or seed that is moldy or otherwise damaged. B. Sow seed at the rate of 60 Lb. per 10,000 sq. ft. of area. Sow half the seed in one direction, then sow the other half in a direction at ninety degrees to the first sowing. C. Rake seed lightly into top 114 inch or topsoil, roll lightly, and water with fine spray. D. Protect seeded areas with slopes exceeding 1:4 with erosion control blankets installed and stapled according to manufacturer's written instructions. E. Protect seeded areas with slopes not exceeding 1:6 by spreading straw mulch. Spread uniformly at a minimum rate of 2 tons per acre to form a continuous blanket 1-1/2 inches in loose depth over seeded areas. Spread by hand, blower, or other suitable equipment. F. Protect seeded areas from hot, dry weather or drying winds by applying topsoil within 24 hours after completing seeding operations. Soak and scatter uniformly to a depth of 3116 inch and roll to a smooth surface. 3.05 LAWN RENOVATION: A. Renovate existing lawns where damaged by Contractors operations such as storage of materials or equipment and movement of vehicles. 1. Re-establish lawn where settlement or washouts occur or where minor regarding is required. Grading & Seeding - Sports Playing Field 2920-6 3.06 3.07 Remove sod and vegetation from diseased or unsatisfactory lawn areas; Do not bury in soil. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel and other construction materials, and replace with new topsoil. Remove weeds before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pre-emergence herbicides. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation & turf and legally dispose of them off Owner's Property. Mow, de.thatch, core aerate and rake existing lawn areas disturbed by construction operations. Apply soil amendments and initial fertilizers required for establishing new lawns and mix thoroughly into top 4 inches of existing soil. Provide new planting soil to fill Iow spots and meet finish grades. H. Apply seed and protect with straw mulch as required for new lawns. I. Water newly planted areas and keep moist until new lawn is established. SATISFACTORY LAWNS A. Satisfactory Seeded Lawn: At the end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any l0 sq. ft. of area and bare spots not exceeding 5 by 5 inches. CLEAN UP AND PROTECTION A. Promptly remove soil and debris created by construction operations from all site areas. Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period and remove after lawn is established. Remove erosion-control measures after grass establishment period. END OF SECTIION Grading & Seeding - Sports Playing Field 2920-7