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HomeMy WebLinkAboutBasketball & Tennis Courts ELIZABETH A. NEVILLE TOWN CLERK REGISTP,.AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOIhMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 10, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Paul Corazzini Jr. & Sons 3120 Albertson Lane Greenport, NY 11944 Dear Mr Corazzini: The Southold Town Department of Public Works has advised this office that work has been completed on the Orient - East Marion Park. Retumed herewith is the certified check you submitted with this bid. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk Eno. JAMES C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMO .ECE VE0 SEP - 9 2904 To: Lynda Bohn From: Jim McMahon $outhokl Town Clerk Subject: Bids Date: September 9, 2004 The following jobs have been completed and the deposit checks can be returned to the contractors: West Road Bulkhead Project, South Shore Docks Orient/East Marion Park, Paul Corazzini & Sons Scavenger Waste Removal, Earth Care AGREEMENT THIS AGREEMENT made this 27th day of May 2003 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 11971 hereinafter called the "Town" and Paul Corazzini & Sons, 3120 Albertson Lane, Greenport, NY 11944, herein after called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a bid proposal from the Contractor for the construction of a basketball and tennis court in accordance with the plans and specifications prepared by Araiys Design and James Richter, R.A, dated April 17, 2003 and attached hereto, in the amount of Fifty Two Thousand dollars ($52,000) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 20th day of May 2003. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the tasks outlined in the "Invitation to Bid for the Orient/East Marion Park- Basketball & Tennis Court Construction", dated April 17, 2003 and annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of Fifty Two Thousand dollars ($52,000). 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 written. Town of~puthold shua Y. Horton, Supervisor ELIZABETH A. NEV~J ~E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 297 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2003: RESOLVED that the Town Board of the Town of Southold hereby acceots the bid of Paul Corazzini & Sons, in the amount of $52,000, to construct a tennis court and basketball court at the Ovsteroonds Plawround, in accordance with the plans and specifications prepared by Araiys Design and James Richter, R.A. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.novthfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD MAY 8, 2003 BID OPENING RESULTS ORIENT/EAST MARION PARK Corazzini, Paul Jr. & Sons 3120 AIbertson Lane Greenport, NY 11944 631 765-2012 Contract gl $52,000. Contract #2 no bid Hirani Engineering&Land Surveying,P.C. 47 Mineola Blvd., 2na Floor Mineola, NY 11501 516 248-1010 $99,450. $23,850. KJB Industries, Inc. 14 Center Drive Riverhead, NY 11901 631 72%5600 $79,797. $7,979. Owen Brothers Landscape Design 2090 Sound Avenue Baiting Hollow, NY 11933 631 369-5752 $93,300. $11,900. MAY 8 2003 PROPOSAL FORM 'Date: '~'/7/// 7 Southold Town Clerk NAME of BIDDER: Telephone: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 TO: 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York '11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT Cf 1: CONTRACT # I SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, TVVO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ri (written in numbers) Basketball & Tennis court Project: D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TWO CHAIN LINK FENCE GATES TO PROVIDE 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) And he fudher agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the cedified 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 {his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Basketball & Tennis court Project: D-2 t CASHIER'S CHECK 8938 DATE PAY TO THE ORDER OF )BRIDGEHAMPTON NATIONAL DOLLARS NOTIC~ TO PUBEHRRER THe PUREHRBE OF RN INDeMNff? 80ND LUILL REQUIRBD BEFORE RN~ OFJ:ICIRL r~CK OF THIS BANK WILL BE REPLACED R RE BED IN THE E~NT iT IS LOST, MISPLACE OR LEN. 0 SO00OO 30 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signatu ntative of Bidder) Basketball & Tennis court Project: E-1 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 per[ormances of this contract. If such a labor union or union representative fails 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 fodh 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. 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. Basketball & Tennis court Project: F-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 otherwise 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 paymeni, s 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 OwnedContracting 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold; shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each path/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 pdces with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this cedification, 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 at[ached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signato~/) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 1'1939 be and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-d, as amended & effective on September t, 1965. gnature Basketball & Tennis court Project: G-1 Invitation to Bid ORIENT EAST MARION PARK BASKETBALL & TENNIS COURT CONSTRUCTION STATE ROUTE 25 OYSTERPONDS SCHOOL DISTRICT EAST MARION, NEW YORK 11939 Date: April 17, 2003 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD INVITATION TO BID PROJECT: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball & Tennis court Project in accordance with the Drawings & Specifications prepared by ARAIYS Design and James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 8 th May 20 03 Day Month Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. 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 right 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: July30, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Basketball & Tennis court Project: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name, No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. 13. 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, for each item 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. 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 contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". 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 and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent ('100%) of the contract price for each item of the work as specified on the Proposal Form. Basketball & Tennis court Project: B-1 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 cedified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. END OF SECTION Basketball & Tennis court Project: 13-2 INDEX TO SPECIFICATIONS COVERSHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form N.Y.S. Affirmative Action Certification Non-Discrimination Clause Statement of Non-Collusion A-lthrough A-1 B-lthrough B-2 C-lthrough C-1 D-lthrough D-2 E-lthrough E-1 F-lthrough F-2 G-lthrough G-1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Payroll Certification forms Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H - 2 ][ - 1 through ][ - 2 J - 1 (page 1 through 10) M - 1 through M ~8 CONSTRUCTION SPECIFICATIONS Summary Summary of Multiple Contracts Alternates References Site Clearing Earthwork Hot-Mix Asphalt Paving Chain-Link Fences and Gates Cast-in-Place Concrete (Limited Applications) Section 01100 Section 01125 Section 01230 Section 01420 Section 02230 Section 02300 Section 02741 Section 02821 Section 03301 CONSTRUCTION DRAWINGS DM-1 L-1 D-1 DEMOLITION AND MOBILIZATION PLAN COURT LAYOUT PLAN DETAILS & SPECIFICATIONS Basketball & Tennis Court Project: C-1 PROPOSALFORM 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York 11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FORTHE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) Basketball & Tennis court Project: D-1 CONTRACT Cf 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TWO CHAIN LINK FENCE GATES TO PROVIDE 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) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within 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 {his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Basketball & Tennis court Project: D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Basketball & Tennis court Project: E-1 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 oppodunities 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 fails 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. 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. Basketball & Tennis court Project: F-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 otherwise provided by law. G. 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, o~ 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. H. 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a 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 by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penally 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 prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the troth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 1'1939 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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, 1965 Ch. 751, Sec. 103-(I, as amended & effective on September '1, 1965. Signature Basketball & Tennis court Project: G-1 T ~H E A ~ E R ! N 1N S E O F A R C H I T E C T S T I T U T AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION 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 CONTII~CTORS 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 Associated General Contractors of An~erica. Copyright 1911, 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, © 1987 by The American Institutc of Architects, 1735 New York Avenue, N.W., Washington, D.C, 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyrigh~ laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW., WASItlNGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright la~ and is subject to legal prosecution. A201-1987 I INDEX Acceptance of Nonconformiog WoN( ......... 9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 A~'~es$ to Work ........................... 3.t6, 6.2.1, 12.1 Accident Prevention ............................. 4.2.3, 10 ActsandOmissions ... 3.2.1,3.2.2,3,3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6,4.3,7,4,3.9,6.1.1, 10.3 Additionallnspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3,9, 8.3,2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ..................... 1.1.1 Aesthetic Effect ............................... 4,2.13,4.5,1 Allowances ........................................ 3.8 A~l-risk Insurance ................................. 11,3.1.1 AppllcationsforPayment ,. 4.2.5,7.3.7,9.2,9.3,9.4,9,5.1,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3,12,4 through 3.12.8, 3.18.3, Arbitration .................... 4.1.4,4.3.2,4.3.4,4.4.4,4,5, Architect ...................................... 4.1 Architect, Definition o f ..............................4.1.1 Architect, Extent of Authority ........ 2.4,3.12.6,4.2,4.3.2,4.3.6, Architect, Limitations of Authority and ResponsibilSy . 3,3.3,3.12.8, 42.13, 4.32, 5.21,74,9.42,96.4,9.6.6 Architect's Additional Services and Expenses 2.4,9.82, ArchRect'a Administration of the Contract ..... 4.2, 4.3.o, 43.7, 4.4, 9.4, 9.5 Architect's Authority to Reject Work . . 3.51,4.2.6,121.2,12.21 Architect's Copyright ............................... 1.3 Architect's Decisions ......... 4.26,427,4.2.11,4212,4.2.13, 4.3.2, 4.3,6, 44.1, 44.4, 4.5,63, 73.6, 738, 813, 83.1, Architect's lnspectio:ls ...... 4,22, 42.9, 4.36, 9.42, 9.8.2, Architect's lnterpret ations ............. 4.2.11,4.2.12,4.3.7 Architect's On-Site Observa0ons 422,4.2.5,4.3.6,9.4.2, Architect's Project Representative 4.210 Architect's Relationship with Contractor 1.1.2~ 3.21, 3.22, Architect's Rela0onship with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, 4.2.6. 96.3, 9.6.4, 11.37 A rchit ecFs Represent ations ......... 9.4.2, 9.5.1,9.10.l Architect's Site Visits .... 42.2, 4.2.5, 42.9, 4,36, 9.4.2, 9.5.1, Asbestos 10.1 Award o f Separate Contracts .................. 6. lA Award o! Subcontracts and Other Contracts for Portions of the Work .................. 5.2 Basic Oeflntiions ................... 1.1 Bidding Reqnirements .......... 1 l l, 11.7, 52.1, 11.4.1 Boiler and Machinery insurance 11.3.2 Bonds, Lien 910.2 Bonds, Performance and Paymen~ 73(, q, 9.103, I 139, 11 .,t BuSding Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate o f Substantial Completion .................... 9.8.2 Cedfficates for Payment ....... 4.2.5, 4.2,9, 9,3.3, 9.4, 9,5, 9.6.1, Certificates o f Inspection, Testing or Approval .... 3.12.11, 13.5.4 Change Orders ...... 1.1.1, 2.4.1,3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, Change Orders, Definition o f ......................... 7.2.1 Changes ........................................... 7,1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9,3.1.1, 10.1,3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3,4.4,4.5,6.2.5,8.3.2, Claims and Timely Asaeffioo of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.6,4.3.7,4.3.9,6,1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.$, 4.3.9, 8.3.2 Ctalms for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6.1 .l, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbit ration ................ 4.3.2,4.4.4,4.5.1 Cleaning Up ................................ 3.15,6.3 Commencement of Statuto~ Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ..... 2.1.2, Commencement of the Work, Definition of ............... 8.L2 Communications Facilitating Contract Administration .................. 3.91,4.2.4, 5.2. I Completion, Conditions Relating to 311,315, 42.2,42.9, COMPLETION, PAYMENTS AND 9 Completion, Substantial ...... 42.9,4352,8.1.1,8.1.3,8.2.3, Concealed or Unknown Conditions 4.3.6 Consent, Written ................ 1.3.1,3.12.8,3.14.2,4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Const ruction Change Directive, Definition o f ........ 7.31 Construction Schedules, Contractor's ...... 310,6.1.3 Contingant As.Mgnment of Subcontracts ........... $.4 Oontinuln~ Contract Performanca ......... 4.3.4 Contract, Definition of ..................... 112 CONTRACT, TERMINATION OR SUSPENSION OF THE ............... 4 ~.7, 5.4.1.1, 14 Contract Administration .......... 3,33, 4, 94, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, Contract Documents, The ............... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of . . 13, 2.2.5, 53 Contract Documents, Definition of ............. 11.1 Contract Performance During Arbitration ......... 4.3.4, 45.3 Contract Sum ........... 38, 436, 4.3.7, 4.44, 5.2.3, Contract Sum, Definition of 9.1 Contract Time 4.3.6, 438, 44.4, 7.213, 7.3, 2 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · L~_ I qg? q'HE AMERICAN INSTITUTE OF ARCHITECTS, ] 735 NEW YORK A\rENUE, N.\V,WASHINGTON, D'C 2OO06 WARNING: Unlicensed photocopying violates U.S. copyright law~ and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition o f ........... ~ .............. 3.1,6.1.2 Cof~tractotes Con$troction Schedules ............. 3.10,6.].3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18, 4.2.3, Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship 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 Archit ecl .... 1.1.2,3.2.1,3.2.2, Conu-actor's Responsibility for Those Performing the Work ................ 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Pdght to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10, 3.11, 312, 4.2.7, 5.2.1, 5.2.3, Contractor's Superintendent ................... 3.9, 10.2,6 Contractor's Supervision and Constru.ction Procedures .... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 82.3, 10 Contractual Liability insurance ................ 11.1.1.7,11.2.1 Copies Furnished of Drawings and Specifications . 1.3, 2.2.5, 3.1 l Correction o f ~'ork 2.3,2.4,42.1,98,2, 99 I, 1212, 122, 13713 Cost, Definition of .................. 73.0, 14.3.5 Cutting and Patching ................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damages for Delay ................... 0.1.1,8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Defini0on of ......... 8.1.2 Date of Substantial Completion, Definition of ............ 8.1.3 Day, Definition of ...................... 8.1.4 43.2, 4.30, 4.41, 44.4, 4.5, 63, 7.3.6, 7.3.8, 8.1.3, 8.31, 92, D~ci$1ons to Withhold Cerlificetion ...... 9.5,9.7, 1,1.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ........ 2.3, 2.4, 3.5.1,4.2.1, 4.26. 4.3.5, 9.52, 9.82, 90.1, 10.2.5, 12, 13.713 Defective Work, DeFinition of ............... 3.51 Delay8 end Extensions of Time ...... 4.3.1,4.38.1,4.3.82, Documents and Samples at the Site ............ 3. ] I Drawings, Definition of I.i 5 Drawings and Specifications, Use and Ownership of .... 1.11,1.3, 225,3.11,5.3 Emergencies ................................. 4.3,7, 10.3 Employees, Co~tracror'$ .......... 3.3.2, 3.4.2~ 3.g.1, 3.9, 3.18.1, Equipment, Labor, Materials:md .......... 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, Execution, Correlation arid Intent of the Co~tract Docurnel~ts .......................... 1.2,3.7.1 Extensions of Time ............. 4.3.1,4.3.8,7.2.1,3,8,3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ............... 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and FIna~ Paymerit ....... 4.2.1,4.2.9, 4.3.2, Financial Arrangements, Owner's ...................... 2.2.1 Fire and Extended Coverage Insurance ................. 11.3 GENERAL PROVISIONS ........................... 1 Governing Law .............................. 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ..................... IO 1, 10.2.4 Identification of Contract Documents .......... 1.2.1 Identification of Subcontractors and Suppliers ........... 5.2.1 Informatiori end Services Requirod of the Owner ..... 2.1.2,2.2, 4.3.4, 6.13, 6.1.4+ 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, Injury or Damage to Person or Property 4.3.9 Inspections .... 3 ~3,334,371,4.2.2, Instructions to Bidders I 11 Instructions to thc Contractor 381,4.2,8, 521,7, 12/, 13.5.2 Insurance ...... 4.3,9.6.1.1, 7.3.6.4, 9.32> 98.2, 99.1,910.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor'sUability 11.1 Insurance, Effective Date of 8.2.2, 1112 Insurance, Los.~ of Use ................ 11.3.3 Insurance, Owner's Liability 11.2 Insurance, property I0.Z.5, 11.3 Insurance, Stored Mat erials .............. 9.3.2, II 3.1.4 INSURANCE AND BONDS ..................... 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1, 1 1.3.11 Insurance Companies, Settlement with 113.10 Intent oftheContract Documents 123,312.4, 4.2.0. 42.7, 4212, 4.2.13, 74 Interest 13.6 Interpretations, Written 4.2.11,4.2.12, 43.7 Joinder and Consolidation of Claims Required 4.5.6 Judgment on Final Award ......... 4.5 l, 4.5.4.1,4.5.? Labor Disputes 8.31 Liens 212,43.2,4.351,8.22,9.33,9.10.2 Limitation on Consolidation or Jolnder ........ 4.5.5 LimitationsofAt~thurity 331,41.2,421, 423, 4.27, 4.210, 5.22, 524, 7.4, 11.310 A201-1987 3 WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. Limitations of Time, General ........... 2.2,1, 2.2.4, 3.2.1, 3.7.3, Loss of Ues Insurance ............................. 11.3.3 Materials, Hazardous ........................... 10.1,10.2.4 Materials, Labor, Equipment and ..... 1.1,3,1.1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences ~tnd Procedures o f Const ruction ......... 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changes in the Wod~ ....... 1.1.1,4.2.8,4.3.7,7.1,?.4 MISCELLANEOUS PROVISIONS ..................... 13 Mutual Responsibility ............................... 6,2 Nonconforming Work, Acc~otenca of .................. 12.3 Noncon£orming Work, Rejection and Correction of 2.3.1, Notice 2.5,24,321,322,:~ 73,374,30,3128, Notice, Written 23,2,4,3.9,3.128,312.9,43, Notice of Testing and Inspections ............ 13.5.1,135.2 Notice to Proceed 822 Notices, Permits, Fees and 2.2.3,3.7, 313, 75.64, 10.22 Observations, Contractor's .............. 1.2.2, 3,22 Occupancy ............. 9.6.6,98.1,9.9, 11.3.11 On-Site Inspeclions by the Architect ..... 422, 4.29, 4.3.6, 9.4.2, 5).8.2.9,9.2, 9.101 On Site Observations by the Architect ...... 4.22, 4.25,436, Orders, Written ....... 2.3, 39, 4.3.7, 7, 8.2.2, 113.9, 12.1, OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the ..... 2.1.2, Owner's Authority ..... 3.81,4.1.3, 4.2.9, 52. I, 52.4, 5,41, Owner's Liability Insurance ................ 11.2 Owner's Loss of Use Insurance 1 t .3,3 Owner's Relationship with Subcontractors ....... 1.1.2, Owner's Right to Carry Out the Work 2~4, 12.24, 14.2.22 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6,1 Ownsr's Right to Stop the Wod< ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Pdght to Terminate the Cont tact ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ............... 1.1.1,1.3,2.2.5,5.3 Ps,Iai Occupancy or Use ................ 9.6.6, 9.9, 11.3.11 Patching, Cutting and ......................... 3.14,6.2.6 patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5,9.2,9.3,9.4, payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, Payment, F$11ura of ......................... 4.3.7, 9,5.1.3, Payment Bond, Perlormanca Bond and .............. 7.3.6.4, Payments, Progress ....................... 4.3.4, 9.3, 9.6, 9,8.3, 910,3, 13.6, 14.23 PAYMENTS AND COMPLETION ............... 9, 14 Payments to Subcontractors ............... 5.4.2, 9.5.1.3, PCB ..................................... 10.1 Performance Bond and Payment Bond .......... 736.4, Pel'l/ifte, Fee~ snd Notices ....... 2.2.3,3.7',3.13,7.3.64, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF tO Polychlorinated Biphenyl 10.1 Product Data, Definition of '~ 122 product Date and Samples, Shop Drawings 311,3.12, 4,Z7 progress and Completion 422, 4.34,lt.2 ProGress Payments ............. 434, 9.3, 9.6, 9.8~R 9.10.3, 13.6. 14.23 Pro{~:t, Definition 011he ............. 1.t .4 Project Manual, Definition o f the 1.1.7 Project Manuals 225 Project Represent atives 42.10 Property Insurance lO.2%11.3 PROTECTION OF PERSONS AND PROPERTY ...... 10 Re}action of Work 3.5.1,42.6, 12.2 Releases of Walvers and Liens 9.10.2 Representations 1.2.2, ~,51,312.7, Representatives 21.1,3.1.1,39, Resolution of Claims and Disputes ........... 4.4,4.5 Responsibility for Those Performing the Work .... 3.3,2, Review of Contract Documents and Field Conditions by Contractor ....... 122,3.2,373~3 ]27 Review of Contractor's Submittals by 4.2.7,42,9,52.1, 5.23, 92, 98.2 Review of Shop Drawings, Product Data and Samples by Contractor ............. 312 5 Royalties and Patents 3.17 4 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTR'.CT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · to) 1987 THE AMERICAN [NSTITI rTE OF ^ RUHITECTS, I '~ NEW YORK AVENUE, N W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subjeCt to legal prosecution. Rules and Notices for A~bltratlon ..................... 4,5.2 Safety of per,on* and property ....................... 10.2 Safety Precautions and Programs .......... 4.2.3, 4.2.?~ 10.1 Sampics, Dctinition of ............................. 3.12.3 Samples, ShopOrawlngs, productDataand ... 3.11,3.12,4.2.'/ Samples at the Site, Documents and ................... 3.11 Schedule of Values ........................... 9.2,9.3.1 Schedule~, Const ruction ............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, :5.14.2, 4.2.4) Shop Drawings, Definition o f ......................... 3.12.1 Shop DrawMgs, product Data and Samples .... 3.11,3.12,4.2.7 Site, Useof ............................ 3.13, 6. L1,6.2.1 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 Sit e Visits, Architect's ................. 4.2.2,4.25,4.2.9,4.3.6, Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Specifications, Definition o f t he ....................... 1.1.6 Statutes of Limitations .................. 4.5.4.2, 12.2.6, 13.7 Stopping the Work .......... 2.3, 4.3.7.9.7, 10.1.2, 10.3, 14.1 Stored Materials ......... 62.1,9.3.2, 10.2.1.2, 11.3.1,4, 12.2.4 Subcontractor, Definition of ................... 5.11 SUBCONTRACTORS 5 Subcont factors, Work by .......... 1.2.4,3.3.2,3.12.1, 42.3, 5.3, 5.4 Subcontractua[ Relations .......... 5.3, 5.4, 9.3.1.2, 9.6.2, Submittals .... 13,3.23,310,311,3.12,4.2.7,5.2.1,5.2.3, 73.6,92,931,9.82,991,9102.910.3, 1012, 11.13 Subrogation, Waivers of 6.11, 113.5.11.3.7 Substantial Combletion, D¢fitlition of 9.81 Successom and Assigns 13.2 Superintendent 3.9, ]0.26 Supervision and Construction Procedures ..... 12.4,3.3,3.4, Surcty ...... 44.1,4.44,5.412,9.10.2,910.3,14.22 Surety, Consent o1 ......... 9.91,9102,9103 Surveys 222,3183 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.5.7,5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.6, 7.3.6.4 Termination by the Contractor ........................ 14,1 Termination by the Owner for Cause ............. 5.4.1.1,14.2 Termination o f t he Architect ........................ 41.3 Termination o f the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 1z~.1,13,5 TIME .............................................. 8 Time, Del&ys and Extensions of ............. 4.3.8,7.2.1,8.3 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, 9.5.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.311, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Llmlts on Claims ........ 4.3.2,4.3.3,4.3.6,4.3.9,4.4,45 Title to Work ................................. 9.3.2,9.33 UNCOVERING AND CORRECTION OF WORK ........... 12 Uncovering of Work .......................... 12.1 Unforeseen Conditions ................ 4.3.6, 83.1, 10,1 Unit Prices 7.1.4, 7.3.:5.2 UseofDocuments .......... 1.11,1.3,2.2.5,3.127,5.5 Use o~ Site ........................ 3.13,6.1.1,621 Values, Scb~ule of ..................... 3.2,9.:51 Waiver of Claims: Final Payment ...... 4.3.5, 4.5.1,9103 Waiver of Claims by the Architect .................. 13.4.2 Waiver of Claims by the Contractor ....... 9.104, I 1.37, 134.2 Waiver o f Claims by the Owner ........ 4.35,4.51,9.93, Waiver of Liens 9102 When Arbitration May Be Demanded 4.5.4 WrittenNotlce ..... 23,24,59,3128,3129,43,44.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 94.1, 9.5.1.9.7, 9.10, 10.12, WARNING: Unlicensed photocopying violates U.S. copyright laWS and is subject to legal prosecution. 4201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreemen0, Conditions of the Contract (General, Supplementary and other Conditions), Dray/rags, Spec/fications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modili- 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 invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1ol.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind ( 1 ) between the Architect and Con~ tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect 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 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors, 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents. wherever located and whenever issued, showing the design, location and dimensions of the Work, generaUy including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS Thc Specifications are that portion of the Contract Documcuts consisting of the written requircment.s 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 is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 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 s~gn all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. l,i}.~ Execution of the Contract 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 require- ments of the Contract 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- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work aruong Subcomractors or in establishing the extent of Work to be performed by any trade. l.~.S Unless otherwise stated in the Contract Documents, words which have well-known technical or constraetion indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECtFICATIONS AND OTHER DOCUMENTS 1,3.1 Thc Drawings, Specifications and other documents prepared by the Architect are instruments 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 nor any Subcontractor, Sub- subcontractor or material or equipnrent supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common lam', statutory and other reserved rights, itl 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 f~rnished to the Contrac- roi, 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 otltside tile scope of tile 6 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTN EDITION AIA® · © ] 987 THE AM ERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, i'I W, WASNINGTON~ D C 20006 WARNING: Unlicensed photocopyin~ violates U.S. copyright lawS and is subiect to legal prosecution. Work without the specific written consent of the OwGer and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use /n the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official 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 cAPrrAEIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses 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- quently omit modifying words such as "all" and "any" and arfi- ARTICLE 2 OWNER 2.1 DERNITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Docnmcms as if singular in number The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable ,x, ritten request shall 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 correct statement of the record legal title to the property on which the Project is located, usually referred to as tile 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 aBd promptly from time to rime thereafier, furnish to the Contractor reasonable evidence that financial arrangemems have been made to fulfill the OwGer's obligations under the Contract. [Note: Unless such reasonable et,ideate were furnt~hed on request prior to the execution of the Agreeme~lt, the prospectiee contractor would not he required to execute the Agreement or to commertce the Work.] 2.2.2 The Owner sball furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of tile site. 2.2.3 Except for permits and lees which art: the responsibility ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, ~.2.~. Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid deNNy in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, 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 1 1 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the 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 carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically 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 the Contractor defaults 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 the Owner to commence and continue correction of such default ct neglect with diligence m~d prompmess, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period If the Contractor within such second seven day period after receipt of sucb second notice fails to corn mence and continue to correct an},, deficiencies, the Owner may, without prejudice to other remedies the Owner may have. correct such deficiencies In sucb case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor tile COSt of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Sucb action by the Owner and amounts charged to tile Contractor are both subject to prior approval of thc Archi- tect. If payrnents theu or thereafter due the Cootractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 Thc Contractor is thc person or emity identified as such in tile Agreemem and is referred to throughout the Contract Documents as if singular ill number. The term "Contractor" WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 3,2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner purstmnt to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions 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 construction activity knowing 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, :3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefxllly compare such field mea- surements mhd 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. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3,1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construe 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. 3.3.~' The Contractor shall be responsible to the owner for act~ and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor 3.3.3 The Contractor sball not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's adminkstration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor, 3.3.$` 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 3.4.1 Unless otherwise provided in the Comract Documents, the Contractor shall provide and pay for labor, materials, equip. ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, rated or to be incorporated in the Work, 3.$`.~' The Contractor shall enforce strict discipline and good order m~ong the Contractor's empk)yees and other persons 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 authorized, may be considered defective. The Contractor's warranty excludes 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 f~rnish 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 sin~ilar 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 NOTICES 3.7.1 Unless 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 concluded, 3.7.2 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 Contractor's responsibility to ascertain tbat the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, m~d rules and regula- tions. However, if 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 toy appropriate Modification 3.7.$, 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 assume 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. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but tire Contractor shall not be required to employ persons or entities against whictl the Contractor makes reasonable objection 3.g.'~ 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; 8 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sub}ect to legal prosecution. .3 Contractor's costs for unloadiRg and hat~dling 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; .4 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. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shaft be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- lng. Other communications shall be similarly confirmed on written request in each case, 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 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 related to the entire Project to the extent required by the Con tract Documems, and shall provide (or expeditinus and practi- cable execution of the Work. 3.10.2 The Contracu)r shall prepare ~and keep current, for the Architect's approval, a schedule of submittals which is coordi hated with the Contractor's construction schedule and allows 3.10.3 The Contractor shall conlorm ti> the most recruit schedules 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall n~aintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change 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 required submittals. These shall be available to the Architect and shall be delivered to the Archi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or distributor to illustrate some portion of tire Work, 3.12.2 Product Data are illustrations, standard schedules, per- fimnance charts, instructions, brochures, diagrams and other inlormatinn furnished by the Contractor to illustrate materials a.12.3 Samples arc physical examples which illustrate materials, equipment or workmanship and estal~lish standar&s by which the Work will be iudged 3.12.4 Shop Drawings, Prodnct Data, Samples and similar sub 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 Subparagraph 4,2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors, Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 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- tat has been approved by the Architect, Such Work shall be in accordance with approved submittals. 3.12.7 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 submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless thc Contractor has specifically 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 Comractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi tect's approval thereof, 3.12.9 The Contractor shall direct specific auention, in writing or on resubmitted Shop Drawings, Product Data, San~ples ~r similar submittals, to revisinns other than those requested by the Architect on previous submittals 3.12.10 Informational submittals upon which thc Architect is not expected to take responsive action may be so identified in 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract accuracy and completeness of sucb calculations and certifi- 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to 3.14 CUTTING AND PATCHING 3,14.1 The Contractor shall be responsible fi)r cutting, fitting or patching required to cc, replete the Work or to make its parts 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 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution A201-1987 9 Owner or a separate contractor except with wdtten consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld, The 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- lng area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, nJbbish, 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 thereof 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 royalties and license fees. The Contractor shall defend suits or claims for infringement of patent dghts 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 particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rca- 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 Architect 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 employees of any of them from and against claims, damages, losses and expenses, includ- ing but not Iin~ited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense 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 indirecfiy employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, dan~age, loss or expense is caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or reduce otber rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified 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, tile indemnifica tion obligation under this Paragraph 3.18 shall not 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 workmen's compensatk)n 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 consultants, and agents and employees of any of them arising out of(1 ) the preparation or approval of maps, dray/rags, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instractions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure 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 idea- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative 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 against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagtaphs 4.1.2 and 4.1.3 shall be subject to arbitration, 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract :Ls described in the Contract DOcuments, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12,2. The Architect will advise and consult with the Owner. Tile 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 at 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 ',X'ork, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required 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 against defects and deficiencies in tile Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and progranls in conuecdon with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Arcbitect will not be responsible for the Contractor's failure to carry out the Work in accordance with tbe Contract Documents. The Architect will not bare control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® * © 1987 THE AMERtCAN INSTITUTE DE ARCt HTECTS, 1735 NEW YORK AVENUE, N W, WASttlNGTON. D C 2000() WARNtNG: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. tractor, Subcontractors, or theJ~ agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Admlnlstra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially antho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. 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. 4.2.5 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. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- 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 or 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 responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work 4.2.7 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 purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments, The Architect's action will be raken with such reason able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submitrais is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents The Architect's review of the Contractor's submit- tats shall not relieve the Contractor of the obligations under paragraphs 33, 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, 4.2.8 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. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review 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, tile Architect will pro- 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 exhibit to be incorpo- 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 prompmess 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 falinre by the Architect to fur- nish such interpretations until 15 days after 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 Contractor, 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 decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS 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, extension of time or other relief with respect to the terms of the ConmacL The term "Claim" also includes other disputes and matters in qnes~ tion between the Owner and Contractor arising out of or relat lng to tile Contract. Claims nlust be made by wfitten notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 D~gi$1on o! A~hll~:t. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph z: 4. A deci- sion by the Architect, as provided in Snbparagraph ,i.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matrers arising prior to the date final payment is due, regardless of (1) 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 failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph ,l 44 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (S) the Claim relates to a mechanic's lien 4.3.3 Tim~ Limlt~ on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after thc claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by wdtten notice An additional Claim made after tile initial Claim has been implemented by Change Order will not be considered unless submincd in a timely manner WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. A201~1987 11 4.3.4 Continuing Contract Periotmance. Pending final reso- lution 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 Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .l liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .~' failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ mated 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, if they differ materially 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 adjgstment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents arid 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 sucb determination must be made within 21 days after the A~chitect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustmem in the Contract Sum o{ Contract Time, the adjustment shall he referred to the Architecl for initial deter- ruination, subject to further proceedings pursuant to Paragraph 4.4 4.3.7 Claims for Additional Cost, If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. if the Contractor believes additional cost ~s involved for reasons including but not limited to (1) a wntten interpretation from the Architect,/2) an order by the Owner to stop the Work where the Contractor was not at ~ault, (3) a wnl 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 hy the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance widi thc procedure established berein. 4.3.8 Claims for Additional Time 4.3.8.1 If tbe Cootractor wishes to make Claim for an increase in the Contract Time, wrinen notice as provided herein shall bc given The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work, In thc c,mse of a continuing delay only one Claim is necessary 4.3.8.2 fi adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documenn'd by data 12 A201-1967 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, 4.3.9 Injury or Damage to Pemon or Property. 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 first 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 tried as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Clain~ shaft, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4,4.4 If a Claim has not been resolved after consideration of tile foregoing and of further evideace presented by the parties or [equested by the Architect, the Architect will notify the parties in writing that the M:chitect's decision will be made within seven days, which decision shall be Baal and binding on thc parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and tbere 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 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. ~y controversy or Claim arising out nf or related to the Cuntract, or the breach thereof, shall be settled by arbitralion in accor dance with the Construction Industry Arbitration Rules of tile Pdnerican Arbitration Association, and judgment upon tbc award rendered hy the arbitrator or arbitrators may be entered in any court having 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 nnfice and rendered a decision as provided in Subparagraph 4 4.4 shall he subject to arbitration npon written demand of either party. Arbitratkm may be cnmmenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, 4.5.2 Rules aRd Notices for Al~bltration. 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- rently in effect, unless the parties 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 During Arbitration. During athi- trarion proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to 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 five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision 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 party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor If the Architect renders a decision after arbitration proceedings 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 arbitration shall be made within the time limits specified in Subparagraphs 45.l and 4.5.a and Clause 4541 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 limitatious as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Jolnder. No arbitration arising out of or relating to the Contracl 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 sought to be joined. NO arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or ennty 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 m~ arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additinnal person or entity shall not constitute conscm to arbitration of a dispute not described therein or with a person or entity not named or described therein, Thc fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any COLirl having jurisdiction thereof 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Fl{sat Award. 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 means 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.].~ 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 if singular in number a~d means a Sub-subcontractor or an authorized representative of the Sub-subcontractor, 5,2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5,2.1 Unless otherwise stated in th~- Comract Documents or the bidding requirements, the Contractor, as soon as prac ticable after award of the Contract, shall I~arnish in writing to the Owner through the Architect the names of persons or end ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con tractor itl writing stating whether ,~r not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity Failure of thc Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.~.2 The Contractor shall not contract with a proposed pet- son or entity to whom the Owner or Architect has made rea- sonable and timely objection Thc Coumactor shal[ not be required to contract with anyone to whom the Conmactor has made reasonable objection 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned hy such change and an appropriate Change Order sh;tll be issued However, no increase in the Contract Sum shMl be allowed for such change unless the Contractor has acted pron~ptly and respousively in submitting names as required. or entity previously selected if the Owner or Architect makes A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent 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 5hese Docu- ments, assumes toward the Owner and Architect. 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 rights, and shall a2dow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of 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 agreements 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 Subconh"actor 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 their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 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 l 4.2 and only for those subcontract agreements whicb the Owner accepts by notif3'ing the Subcon tractor in wrinng; and .2 asslgnmem is subject to the prior rigbts o! the surety, if ~qy, obligated under bond relating to the Contract 5.4.2 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 RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the rigbt to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connectiou with other pot tions 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 claims that delay or additional cost is involved because 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 pot tions of tile Project or other construction or operations on the site, the term "Contractor" in the Contract Doculnems in each case shall mean th[, Contractor who executes each separate Owner-Contractor Agrecmem. 14 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construct/on sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary ares 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 related 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, including, without excluding others, those stated in Artide 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILIT~ 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- struction and operations with theirs as required by the Contract Documents. 6,2.2 If part of the Contractor's Work depends for proper execution or results upon coustmcdon 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 construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive 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 construction or to property of the Owner or separate contractors as provided 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 Tbe Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- t~-actors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround ing area free 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 io be just, AIA DOCUMENT A201 * GENEP. AL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A201-1987 AIA® "~) IqS7 THE AMERICAN INSTITUTE OF ARCHITECTS. 173q NEW YORK AVENUE, N W, WASHINGTON, D.C 2OOOO WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be basecl 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 Documents or subsequently agreed upon, and if quantities originally con- templated 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. 7.2 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 Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by tile Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustmeRt, if any, in the Contract Sum or Contract Time, or both The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract gum and Con tract Time being adjusted accordingly. 7.3.2 A Constpaction Change Directive shall be used in thc absence of total agreement on the terms of a Change Order, T.3.3 If the Construction Change Directive provides for an adjustmem to the Contract Sum, the adjustment shall be based on one nf the following methods: .1 mutual acceptance of a inmp sum properly itemized and supported by sufficient substantiating data to per .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.~ A Constroction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment 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.~ 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, in£1ud lng, 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: .l costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ~ lng cost of transportation, whether incorporated or .3 rental costs of machineD, and equipment, exclusive of hand tools, whether rented from the Contractor or .4 costs of premiums for all bonds and insurance, permit Work; and .$ additional costs of supervision 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 credit 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 he actual net cost as con- firmed 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 figured 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 adjustmera or tbe method shall be [eferred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- ruination made by the Architecl concerning the adjustments in meat upon the adjustmems, such agreement shall be effective immediately and shall be recorded by preparation and execu- AIA DOCUMENT A~01 · GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTtt EDITION AIA ® · ~Ii987TIIEAMEP[CANINSTITUTEOFA}iCH[TECTS, 1735NEW YORK AVENUE. N.W.WASH[NGTON. DC 2(FOOt: WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR 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 with 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 such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided. Contract Tkne is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work, 8,1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mearl calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract IN:~cuments are of the essence of the Contract. By executing .the Agreement the Con tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Arficle 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 writing 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. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 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 o[ 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 deliveries, unavoidable casualties or other causes beyond the Contractor's comrol, or hy delay authorized by the Owner pending arbitratk)n, or by other causes which the Architect determines may justify delay, then Ihe Contract Time shall be extended by Change Order for st*ch reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall he made in accordance with applicable provisinns of Paragraph 4.3. 8.3.3 This Paragraph 83 docs not preclude recovery of dam- ages h)r delay by eithc~ party under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is 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 of 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 objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPUCATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, 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 Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents, 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives 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 9.3.2 Llnless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site tot subsequent incor potation in the Work. If 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. shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's Owner's interest, and shall include applicable insurance, equipment stored off the site. 9.3.3 The Contractor warrants that title to all Wurk covered by an Applica~ion for Payment will pass to the Owner no later than upon subminal nf an Applicatk)n 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 C(m~ractor's knowledge, information and belief, be free and 9.4 CERTIFICATES FOR PAYMENT 9.4.1 Tl~e Architect will, within seven days alter receipt of the 16 A201-1987 WARNtNG: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 rea.sons for withholding certification in whole or in part as provided in Subparagraph 9.5A. 9.4.2 The issuance of a Certificate for Payment will constitute a representation 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 further constitute a representation that the Contractor is entitled to payment in the amount certified. 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, sequences 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 hss used money previously paid on account of the Contract Sum. 9.6 DECISIONS TO WITHHOLD CERTIFICATION 9.6.1 The Architect may decide not to certify 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 by Subparagraph 942 cannot be made. If the Architect is unable to certify payment in the amount of tile Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1 If tile Contractor and Architect cannot agree on a revised amount, tbe Architect will promptly issue a Certificate for Payment for the amount for wlfich the Architect is able to make sucb representations to the Owner. The Archi- tect may also decide not to certify payment or, because of may nullify the whole or a part of a Certificate for Payment Architect's ()pinion to protect the Owne~ from loss because of: .1 defective Work not remedied; ,2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of tile Contractor to make payments prop erly to Subcontractors or for labor, materials or .fl reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid liquidated damages for tile amicipated delay; or 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and wRhin the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor 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. 9.6.~ The Architect will, on request, furnish 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. 9.6.4 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, 9.6.8 Payment to material suppliers shall be treated in a manner shnilar to that provided in Subparagraphs 9,6.2, 9.6.5 and 9,6,4, 9.6.6 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 accordm~ce with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate t~r Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay tile Contracuor within seven days after the date established in the Contract Docmnents tile amount cer- tified by tile Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' wriNen notice to the Owner and Mchitect, stop the Work until paymem of the an:fount owing has been received The Contract Tmle shall be extended appropriately and tfie Contract Sum shall be increased by the amount of the ContPactor's reasonable Costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is tfi¢ stage in tfie progress nf the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended USe. 9.6,2 When tile Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accepl separately, is substantially complete, tile Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected, The Contractor sha]l proceed promptly to com- plete and correct items on tile list Failure to include an item on such list does not alter tile responsibility ct tfie Contractor to complete all Work in accordance with tile Contract Docu- A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal p~osecution. nated portion thereof is substantially complete. If the Architect'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 shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request 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- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall £mish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Complefion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion, The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate, 9.8,3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- ttally completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac tot, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3 1 I and authorized by public authorities having jurisdiction over the Work Such partial 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 if rely, secu- rity, maintenance, heat, utilities, damage to the Work and insur ance, and have agreed in wridng concerning the period for cor- rection of the Work and commencement of warranties requked by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.82. Consent of the Contractor to partial occu- pancy or use 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, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of tile Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use ora portion or portions of the Work shall not constitute accep- tance of Work not complying with the requiremems of the Contract Documents. 9,10 FINAL COMPLETION AND FINAL PAYMENT 9.10,1 Upon receipt of wrinen notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application fi)r Payment, lhe Architecl will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fitliy per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information 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 enfire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment 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 full'died, 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 Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a wdtten 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 fora1 as may be designated by the Owner. Ifa Subcon- tractor rehises to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner Inay bc compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final corn pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the A~chitect 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 corn pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to paymem 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 certification of such payment, Such payment shall be made tinder terms and conditions governing final payment, except that it shall not constitute a waiver of claims The making of final payment shall 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 unsettled at tile time of final Application for Payment. Such waivers shall De in addition to tile waiver described in Subparagraph 18 A201-1987 AIA DOCUMENT A20t · GENERAL CONDITIONS OF ThE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDIalON AIA® · O]987THEAMER[CANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiecl 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 initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in 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 polychlodnated bipbenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect'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' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable 1o bodil)r injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resuhing therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity whicb would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 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, injury or loss to: .1 employees on tile Work and other persons who may be affect¢-d thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control o1 the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations 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 carry on such activities under supervision of properly qualified personnel. 10.2.$ The Contractor shall promptly remedy danEage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in 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 tile fault or negligence of the Contractor, The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.~ 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 in writing to the Owner and Architect 10.2.7 Tile Contracn)r shall not load or permit an), part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safer y of persons or property, the Contractor shall act, at tile 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 ~m emergency shall be detem/ined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in thc jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether sucb operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 clainls under workers' or workmen's compensation, dLsability benefit and ()tiler similar employee benefit acts which ~uc app[ical)le to the Work in bc performed; AIA DOCUMENT AZ0t * (;ENEILAL CONDITIONS OF THE CONTRACT FOR CONSTRUCIION · FOURTEENTH EDITION AIA® · </It}87 THE AM ERICAN iNSTITUTE OF ARCHITECTS~ 1735 NEW YORK AVENUE. N W, WASHINGTON, D C 2000r~ A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. .'~ claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 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) 15y 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, including 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 Subparagraph 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 commencement of the Work until date of final payment and termination of any coverage required to be main rained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be Piled with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this paragraph 11.1 shall conrain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at lea.st 30 days' prior written notice has been given to the Owner If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing confinuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10,2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information m~d belief, 11.2 OWNER'S LIABILITy INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insuraoce. Optionally, the Owner may purchase and maintain other insurance for self- protection against clain~s which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully anthorized 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 :;ts subsequent modifications thereto lor tile entire Work at the site ou a replacement cost basis without vol- untary deductibles Such property insurante shall be main- rained, unless otherwise provided in the Cnntracl Documents or otherwise agreed in writing by all persons and entities who 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.$.1.1 Property insurance shall be on an all risk policy form and shall insure against the perils of fire and extended coverage and physical toss or damage induding, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary bdildings 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 perils shall not be required unless otherwise provided in the Contract Documents, 11.3.1.~ If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages 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 Contractor, 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 shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or volumary deductibles If deductibles are nnt identified in the because of deductibles, 11,3.1.4 Unless otherwise provided in the Contract Docu meres, this property insurance shall cover pornous of the Work stored off the site after written approval of the Owner at the value established in the approval, and also purtious of the Work 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured obiects during installation and umJl final acceptance by the Owner; this insurance shall include shall be named insurers. 11.3.13 Loan ol Uae Insurance. The Owner, at the Owner's t)ptinn, may purchase and maintain such insurance as will insure the Owner against loss of use Of the Owner's property waives all rights of action against the Contractor for k)ss of use 11.3.4 If the Contractor requests in writing thai insurance for risks other than those described herein or for other special haz- ards be included in the property iusurance policy, the Owner shall, if possible, include such insurance, and the cost tbereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 WARNING: Unlicensed photocopying; violates U.S. cop/right laws and is subiect to legal prosecution. 11.3.5 If ducmg the Project construction period 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 insuffmg 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 fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a cop)' of each policy that includes insurance coverages required by this paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- 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 Waivers of Subrogation. The Owner and Contractor waive al{ rights against (I) 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 contractors described in Article 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 s~ch 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, arid the subcontrac toes, 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 enum- 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 direcdy 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 insurmlce shall be adjusted by tile 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 clause 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. Tile Owner shall deposit in a separate account pro. ceeds so received, which the Owner shall distribute in accor- dance wiin such agret'ment as the parties in interest may reach, or in accordance with an arbitration award itl which case the procedure sball be as provided in Paragraph 4.% If after suci~ loss no odmr special agreement is made, replacement of dam aged property shall he covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing 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. The Owner as fiduciary shall, in 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 direct such distribution. 11.3.11 partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies 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 AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of thc Work is covered ccmtrary to thc Architect's request or to requirements s?cifically expressed in the Contract Documents, it must, if requi~ed in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Thne. 12.1.2 If 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 1N)cumcuts, costs of uncover- ing and replacement sltall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordauce 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 pro[Bpdy correct Work rejected by the Architect or failing lc) conform to the requirements of the Contract Documents. whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for tile Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after tbe date of Substantial Comple- tion of the Work or designated p~,rtion thereof, or after the date A201-1987 21 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 after 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 portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actdal 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 notice 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 corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor falls 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 ti~e fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after 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 cotnpensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs whicb the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments Owner. 12.2.5 The Contractor shMl bear the cost of correcting destroyed or damaged 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- tract Documents. 12.2.$ Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations wbich the Contractor might have under the Con tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, a~d has no relationship to the time within which the obligation to comply witb the Contract Documents may be sought to be enforced, nor 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 specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owoer may do so instead of requiring its removal and cdr rection, in which case Ibc Contract Sum will be reduced as appropriate and equitable. Such adjusnnent sllall be efiectcd 22 A201-1987 ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal represent~ tires 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 assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if 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 if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 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 shMI constitute a waiver of a right or duty afforded them under the Contract, nor shall such actinn or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the \~;'ork required by tile Contract Documents or by laws, ordi nances, roles, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for st]ch tests, inspections and approvals with ad independent test- tog laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections axed approvals. The Contractor shall give the Architect timely notice of wben and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded, 1~.$.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or apprr)val not included under Sub- paragraph 13 5.1, the Architect will, upon written authorization from the Owner, instruct the Comractor to make arrangen~ents for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give tin,ely notice to the Architect of when and where tests and inspections AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.$.3 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 bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 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 he made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 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 parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from tinle ~o time at the place where the Project is located, 13.7 COMMENCEMENT OF STATUTORY LIMn'Al'ION PERIOD 13.7.1 As between 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 cotranence tO pan and any alleged cause of action shall be deemed to have accrued in any and all events not later tha~l such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate fo~ Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issua~lcc of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to mn and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commeuce to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date or all}' acl or failure tO act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work h~ the Coi~tractor under Paragraph 12.2, or tire date of actual commission of aoy other act or failure to pcrlorm any duty or obligatioi~ by the Contractor 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 pedod 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 followirtg reasons: .1 issuance of an order of a court or other public author- ity haY'rog jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .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.l, 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 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .$ the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2 2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including rea.sonablc overhead, profit and damages, 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of tile Contractor or a Subcomractor or their agents or employees or rely other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of tile Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from tile Owner as provided in Subparagraph 14. 1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14,2.1 The Owner may tem~inate tile Contract if tire Contractor: .1 persislently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 t~ails to make payment to Subcontractors for materials or labor in accordance with the respective agreements hetween the Contractor m~d the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulatioos or orders of a public authority having juris- .4 otherwise is guilt5' of substantial breach cfa provision of the Contract Documents 14.2.2 When any of the above reasons exist, thc Owner, upon WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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, if 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 ail 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 .3 fmlsh the Work by whatever reasonable method the Owner may deem expedienL 14.'~.$ 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 is finished. 14.'~.4 If the unpaid balance of the Contract Sum exceeds costs of £mishing the Work, including compensation for thc Archi- tect's services and expenses made necessary thereby, such excess shall bc paid to thc Contractor. If such costs exceed the unpaid baiance, thc Contractor shall pay the difference to thc Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE 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. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion, No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AIA DOCUMENT A2.01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THE AMERICAN INSTITUTE OFARCIUTECTS, 1735NEW YORK AVENUE, NW, X,VASHING ~ON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to !egal prosecution. 3/87 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 $100,000. Basketball & Tennis Court Project: H-1 .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: Basketball & Tennis Court Project: H-2 PAYROLL CERTIFICATION FORM I do hereby stat~: 1. That I pay or =upervise the payment of the persons employed by on the ; that during the peyroll period commencing on the day of , 20 . and ending the . day of , ~0 . all that no rebates have been or will be made either directly or indirectly to oron behalf ofsald contractor, from the full weekly wages earned by any person and that no deductions have been marie either directly or indirectly from the lull wages earned by any person other than permissible deductions as defined by RegulaUons issued by the New York State Depertment of Laber. If any wages are unpaid, as reported In Column t0 on the front of this form, explain below. (a). WHERE FRINGE BENEFIES ARE PAiD TO APPROVED PLANS, FUNDS OR PROGRAMS In addition to the basic hourly wage rates paid to each ~atxx~r, mechanic, Journeyman, skilled and semi-skilled laborer and [] apprentice listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employee, except as noted in Section 4 (c) below. (NOTARY & SEAL) Basketball & Tennis Court Project: I-1 ~ 0 ~ 0 ~0 ~ 0 Basketball & Tennis Court Project: ][-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for East Marion Park Basketball & Tennis Court Construction Oysterponds School District State Route 25 East Marion, New York 11939 Basketball & Tennis Cour~ Project: J-1 GENERAL DECISION NY020013 01/31/03 NY13 General Decision Number NY020013 Superseded General Decision No. NY010013 State: New York Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(ies): NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTI~J~ CONSTRUCTION PROJECTS (includin~ sinule family homes and apartments up to and includinG 4 stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 I 03/08/2002 2 03/22/2002 3 03/29/2002 4 05/03/2002 5 .' 06/07/2002 6 07/12/2002 7 08/23/2002 8 09/13/2002 9 10/04/2002 10 01/03/2003 11 01/31/2003 COUNTY(les): NASSAU SUFFOLK ASBE0012A 07/01/2002 ASBESTOS/INSULATOR WORKERS: SCOPE OF WORK: includes application of all insulatin9 materials, protective coverinGs,coatinGs and finishin9 to all types of mechanical systems. Rates FrinGes 36.86 20.89 EAZARDOUS MATERIAL ~/qDLER 23.00 6.20 BOIL0005A 09/01/2002 Rates Fringes BOILERFu~3tER $35.86 21.17+a FOOTNOTE: a. PAID HOLIDAYS: New Years'Day, ThanksgivinG Day, Memorial Day, Independence Day~ Labor Day and Good Friday, Friday after ThanksGiving, Christmas Eve Day and New Years Eve hl~,n'//clnvi~hncnn nti~ ~nv/search/current/nvl3.dvb 3/7/2003 * BRNY0001A 07/01/2002 Rates Fringes BRICK3~AYERS 36.57 17.21 STONEMASONS 30.69 17.90 CARP0007V 07/01/2002 Rates Fringes C~PENTERS Building 32.42 22.23 Heavy & Highway 32.42 22.23 Residential 24.00 14.41 * CARP0740A 01/01/2003 Rates Fringes MILLWRIGHTS 36.06 28.58 * 03kRP1456J 01/01/2003 Rates Fringes DIVERS 43.80 24.70 DIVERS TENDERS 32.40 24.70 DOCKBUILDERS 35.67 24.70 PILEDRI~fERMAN 35.67 24.70 SOFT FLOOR IJIYERS 37.36 24.70 PAPEP/~3%NGERS 23.88 10.48 CARP1536A 07/01/2001 Rates Fringes TIMBERMEN 30.59 23.64 ELEC0025B 05/04/2002 Rates Fringes ELECTRICIAi~S 39.00 20.97 ELEC0025C 09/28/2002 ELECTRICIANS: Rates Fringes Wiring or single or multiple family dwellings and apartments up to and including 2 stories 25.75 12.70 Maintenance Unit 30.76 35.5%+2.68 Telephone Unit 27.69 47.5%+.67 ELEC1049B 10/01/2001 LINE CONSTRUCTION: Substation and Switching structures pipe type cable installation and maintenance jobs or projects; Railroad Rates Fringes httn'//dnvishacon .ntis.eov/search/currenffn¥ 13 .dvb 3/7/2003 electrical distribution/ transmission systems maintenance (when work is not performed by railroad employees) Overhead and Underground transmission/distribution line work, Fiber optic, telephone cable and equipment; Lineman & Cable splicer ~eavy Equipment Operator Groundman 33.10 10.39 23.33 6.99 17.50 6.08 Tree Trimmer 20.85 6.98 ELEV0001B 07/01/1998 Rates ELEVATOR MECHANICS (New Construction) 34.415 Fringes 10.805+a ELEVATOR MECHANICS (Modernization and Repair) 28.576 10.655+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 5 years of service, and 6% for employees with less than 5 years of service ENOI0138A 06/01/2002 BUILDING CONSTRUCTION Rates Fringes GROUP 1 35.18 23.54+a GROUP 2 33.29 23.54+a GROUP 3 32.04 23.54+a GROUP 4 39.50 23.54+a GROUP 5 28.23 23.54+a NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday or President's Day (in lieu of Lincoln's or Washington's Birthday), Good Friday, Memorial Day, Indpendence Day, Labor Day, Veteran's Day, Thanksgivin~ Day, Christmas Day or days celebrated as such. Any holiday that falls on a Saturday will be ce~ebrated on Friday h.*,.//~t~,fi~ho~-an nti~ onvl~anreh/cnrrenffnvl3.dvb 3/7/2003 POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler), crane (crawler truck), crane (on barge), crane (stone setting), crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drum), loading machine (bucket) cap of 10 yds or over micro-trap, with compressor (negative air machine), milling machine, large pile driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi), dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn), mulch machine (machine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine), roller, (asphalt), scoop (carry-all scraper), tower crane (maintenance man), trenching machine GROUP 3: Comrpessor (structural steel), Compressor (2 or more in battery), concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing machine, fireman, hoist (1 drum), micro-trap, (self contained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump (well point), pulvi-mixer, ridge cutter, roller (dirt), stripin~ machine, vac-all, welding and burning, welding machine (pile work), welding machine (structural steel) GROUP 4: Compressor, co~ressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, concrete saw or cutter, forklift (walk behind, power operated), generator-pile work, generator, hydra hammer, mechanical compactors (hand operated), oiler (truck crane), pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm), pump (~[ypsum), trench machine (hand), welding machine GROUP 5: Batching plant (on site of job), generator (small), mixer (with skip), mixer (2 small with or without skip), mixer (2 bag or over, with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, stump chipper, tower crane (oiler), tractor (caterpillar or wheel vibrator) ENGI0138B 06/01/2001 POWER EQUIPMENT OPERATORS Rates Fringes HEAV~ AN~D HIGHWAY CONSTRUCTION GROUP 1 36.19 23.54+a GROUP 2 33.67 23.54+a GROUP 3 32.40 23.54+a '.,.-.,t.~,,,:o~ ...... ?~ .... ~/e~,'ohln,,vc~ntlnvl ~,.dvb 3/7/2003 GROUP 4 29.88 23.54+a GROUP 5 28.61 23.54+a GROUP 6 24.16 8.95+10% NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) 100-149 ft .50 boom ten~hts (includin9 jib) !50-249 fL .75 boom len~hts (including jib) 250-349 ft 1.00 boom lengths (including jib) 350 ft 1.50 Cranes using clamshell buckets .25 Front end loader 10 yds and above .25 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOEOTE: a. Paid Holidays: New Years Day, Lincoln's Birthday, Washington's Birthday or Presidents Day (in liew of Lincoln's or Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, christmas Day or days celebrated as such. Any holiday that falls on Saturday will be celebrated on Friday. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300), boiler (thermoplastic), boring machine (post hole), cgherry picker (over 56 ton}, CMl or maxi~ spreader, concrete pumpi with oiler, crane (crawler truck), crane (on barge), crane (stone setting) crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap (with compressor-negative air machine), milling machine (large}, piledriver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), power-house, road paver, scoop, carry all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self-propelled), tank work, tower crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi), Dinky Locomotive, Forklift, Hoist (2 drum), Loading Machine, Loading Machine (front end), Mechanical Compactor (machine drawn), Mulch Machine (machine- fed), Power Winch (other than stone/structural steel), Power Winch (truck mounted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, scraper), Tower Crane (maintenance man), Trenching Machine, Vermeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete), Maintenance Engineer (small equipment), Maintenance engineer (well-point) Mechanic (fieldman), Micro-Trap (self contained, negative air machine), Milling Machine (small), Pulvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well h~n://davisbacon.ntis, eov/searcb/current/ny 13.dvb 3/7/2003 point), Roller Dirt, Weldin9 and burning, Compressor (structural steel), Compressor (2 or more battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (pile work), Welding Machine (structural Steel). GROUP 4: Compressor, Compre. sso~ on crane, Compressor (pile work), Compressor (stone setting), Concrete Breaker,' Concrete Saw or Cutter, Fork Lift (walk behind, power operated), Generator- Pile Work, Generator, Hydra Hammer, Mechanical Compoactors (hand operated), Oiler (truck crane), Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (double action diaphragm), Pump gypsum, Pump (single action 1 to 3 inches), Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of job), Generator (small), Grinder, Mixer (with skip), Mixer (2 small with or without skip), Mixer (2 bag or over, with or without skip), Mulch Machine, Oiler, Pump (centrifugal, up to 3 inches), Root Cutter, Stump Chipper, Tower Crane (oiler), Track Tamper (2 engineers, each), Tractor (caterpillar or wheel), Vibrator, Work boat (deckhand), GROUP 6: Well drillers IRON0046C 07/01/2001 Rates Fringes IRONWORKERS (MET~-LLIC L~%~HERS) 36.50 21.42 IRON0197A 01/01/2003 Rates Fringes IRONWORKERS (STONE DERRICKPtAN) 35.76 27.75 * IRON0361A 01/01/2003 Rates Fringes IRONWORKERS (STRUCTURAL) 35.50 35.73 * IRON0580A 01/01/2003 Rates Fringes IRONWORKERS (OR/qAMENTAL) 35.15 27.40 LABO0066A 07/01/2001 Rates Fringes LABORERS: BUILDING Laborers 24.00 16.85 Plasterers tenders 24.00 16.85 LABO0078A 12/01/2002 ASBESTOS (Removal, Abatement, Encapsulation or Decontamination of asbestos); LEAD; & HAZARDOUS WASTE LABORERS (Hazardous Waste, Rates Fringes hi~'n'l/H~v{qhnann n tm.~ov/search/current/ny 13.dvb 3/7/2003 Hazardous Materials, Biochemical and Mold Remediation, HVAC, Duct Cleaning, Re-spray Fireproofing, etc, 23.85 6.35 LABO1298P 06/01/2002 LABORERS (t{EAVY & HIGHWAY): Rates ~ Fringes Asphalt Rakers; Formsetters 28.12 14.82+a Asphalt Shovelers, Roller Boys & Tampers Regular Laborers 27.50 14.82+a 25.23 14.82+a FOOTNOTES: Laborers working in a hazardous material hot zone shall receive an additional 20% premium, Where the contract provides for night work outside the regular hours of work, the employees shall be paid at straight time plus a 20% night work premium for the 8 hours worked during the night. Firewatch work performed after regular hous shall be paid an additional 10% premium..' Second and Third shift work will be paid at a 10% premium. PAIN0009C 05/01/2002 PAINTERS: Painters, Drywall Finishers 30.R5 Spray, Scaffold, Sandblasting 33.25 Structural Steel (over 20 ft), Sandblasting 33.25 Fringes · 15.42 15.42 15.42 GIeAZIERS 32.20 20.17 PAIN1974B 07/03/2002 Rates Fringes DRYWALL TAPERS/POINTERS 33.82 PLAS0260C 07/01/1999 Rates Fringes PLASTERERS 27.91 15.16 PI~S0780A 07/01/2002 Rates Fringes CEMENT MASONS 38.00 17.85 PLL~0200A 11/01/2002 BUILDING CONSTRUCTION: Rates Fringes ~.~. ~/~n,,~oho~,~ ~,~ onv/ee~reh/current/n¥13.dvb 3/7/2003 Page 8 of 10 PLUMBERS 38.28 18.93 RESIDENTIAL CONSTRUCTION: PLUMBERS 17.18 5.70 PLUM0638A 07/15/2002 Rates Fringes SPRINKLER FITTERS, STF~FITTERS 38.32 24.32 SERVICE FITTERS 26.30 2.55 Service Fitter work shall consist of all repair, service and maintenance work on domestic, commerical and industrial refrigeration, air conditioning and air cooling, stoker and oil burner apparatus and heating apparatus etc., including but not exclusively the charging, evacuation, leak testing and assembling for all machines for domestic, commercial and industrial refrigeration, air conditioning and heating apparatus. Also, .work shall include adjusting, including capacity adjustments, checking and repairing of replacement of all controls and start up of all machines and repairing all defects that may develop on any system for domestic, commercial and industrial refrigeration and all air conditioning, air cooling, stoker and oil burner apparatus and heatin9 apparatus regardless of size or type. ROOP0154A 10/01/2000 Rates Fringes ROOFERS 27.50 18.79 SHEE0028B 08/01/2002 Rates Fringes SHEET MET~LL WORK~RS 37.17 24.13 * TEAM0282I 07/01/2002 Rates Fringes TRUCK DRIVERS: Asphalt 29.085 21.1025+a+b High Rise 32.01 19.5525+a+b Euclids & turnapulls 29.65 21.1025+a+b FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day (Armistice Day], Thanksgiving Day and Christmas Day. Employees working two (2) days in the calendar week in which a holiday falls are to be paid for such holiday, provided that they shape each remaining workday during such calendar week. b.VACATION: For each 15 days worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the 3~7/2003 close of any contract year, shall be entitled to one day vacation; seven years before the close of any contract year, shall be entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra ~ay vactlon; ten years before the close of any contract year or over shall be entitled~to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay per year. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS I.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On surwey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) ff the answer to the question in 1.} is yes, then an interested party (those affected by the action) can request httn.ll~vi~hac, cm ntis. ~ov/searc.hJcurrent/ny 13,dvb 3/7/2003 review and reconsiderat: from the Wage and }{our Admi rator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are final. END OF GENERAL DECISION ht~,,-//a~v <haenn.n tis.2ov/search/current/ny 13.dvb 3/7/2003 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 Opportunity 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 dressing 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): Basketball & Tennis Court Project: 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: (1) 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. (2) 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. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or 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. (4) 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. (5) 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. (6) 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. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Basketball & Tennis Court Project: M-2 (?) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order un less 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 u pon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however., that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL 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; (ii) 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. Basketball & Tennis Court Project: 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: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated 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 contracts 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. Basketball & Tennis Court Project: 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 (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited 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. 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 determined 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. Basketball & Tennis Court Project: M-5 Gu Fy 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 Agency and 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. All 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. All 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 discriminate 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. Basketball & Tennis Court Project: 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 permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the 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 registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required 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 Discrimination 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; Basketball & Tennis Court Project: 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 six 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 t2, 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. Basketball & Tennis Court Project: M-8 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May28,2003 Paul Corazzini & Sons 3120 Albertson Lane Greenport, New York 11944 Dear Mr. Corazzni: Enclosed please find two (2) copies of your contract with the Town of Southold for the Basketball & Tennis Court Construction. Please sign both copies and return one original to me for the official file. A self addressed envelope is enclosed for your convenience. If you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (3) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southaid, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 298 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua Y. Horton to sign an Aereement with Paul Corazzini & Sons, to construct a tennis court and basketball court at the Ovsteroonds Plavoround, in accordance with the plans and specifications prepared by Araiys Design and James Richter, R.A., subject to the approval of thc Town Attorney. Elizabeth A. Neville Southold Town Clerk RESOLUTION MAY 20, 2003 V - 298 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suloervisor Joshua Y. Horton to sien an Aereement with Paul Corazzini & Sons, to construct a tennis court and basketball court at the Ovsterl~onds Plawround, in accordance with the plans and specifications prepared by Araiys Design and James Richter, R.A., subject to the approval of the Town Attorney. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 297 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2003: RESOLVED that the Town Board of the Town of Southold hereby acceots the bid of Paul Corazzini & Sons, in the amount of $52,000, to construct a tennis court and basketball court at the Ovsteroonds Play,round, in accordance with the plans and specifications prepared by Araiys Design and James Richter, R.A. Elizabeth A. Neville Southold Town Clerk RESOLUTION MAY 20, 2003 V - 297 RESOLVED that the Town Board of the Town of Southold hereby accel~ts the bid of Paul Corazzini & Sons, in the amount of $52,000, to construct a teunis court and basketball court at the Oysteroonds Plav~round, in accordance with the plans and specifications prepared by Araiys Design and James Richter, R.A. Page 1 of 2 Cooper, Linda From: McMahon, James Sent: Wednesday, July09, 2003 1:11 PM To: Cooper, Linda; Liguori, Joanne Oysterponds Playground Ground Breaking Date: July 22, 2003 Time: 10 AM Place: Oysterponds Park, Route 25, East Marion The Town of Southold and the Oysterponds School District will be breaking ground for the construction of a new tennis court and basketball court at this park 7/9/03 Page 2 of 2 facility. 7/9/03 Invitation to Bid ORIENT EAST MARION PARK BASKETBALL & TENNIS COURT CONSTRUCTION STATE ROUTE 25 OYSTERPONDS SCHOOL DISTRICT EAST MARION, NEW YORK 11939 Date: April 17, 2003 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD INVITATION TO BID PROJECT: ORIENT/EAST MARION PARK State Route 25, East Marion, New York 11939 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball & Tennis court Project in accordance with the Drawings & Specifications prepared by ARAIYS Design and James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 8 th May 20 03 Day Month Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. 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 right 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: July 30, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Basketball & Tennis court Project: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal 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, for each item 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. Alt 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 alt 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. 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 contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". 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 and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price for each item of the work as specified on the Proposal Form. Basketball & Tennis court Project: B-1 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. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. END OF SECTION Basketball & Tennis court Project: B-2 INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form N.Y.S. Affirmative Action Certification Non-Discrimination Clause Statement of Non-Collusion A-lthrough A-1 B-lthrough B-2 C-lthrough C-1 D-lthrough D-2 E-lthrough E-1 F-lthrough F-2 G-lthrough G-1 GENERALCONDITIONS AIA General Conditions Supplementary General Conditions Payroll Certification forms Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document Cf A201 H - 1 through H - 2 ! - 1 through ! - 2 J - 1 (page 1 through 10) M - 1 through M -8 CONSTRUCTION SPECIFICATIONS Summary Summary of Multiple Contracts Alternates References Site Clearing Earthwork Hot-Mix Asphalt Paving Chain-Link Fences and Gates Cast-in-Place Concrete (Limited Applications) Section 01100 Section 01125 Section 01230 Section 01420 Section 02230 Section 02300 Section 02741 Section 02821 Section 03301 CONSTRUCTION DRAWINGS DM-1 L-1 D-1 DEMOLITION AND MOBILIZATION PLAN COURT LAYOUT PLAN DETAILS & SPECIFICATIONS Basketball & Tennis Court Project: C-1 PROPOSALFORM 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: April 17, 2003, including bidding requirements, contract, general & 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 alt materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: ORIENT I EAST MARION PARK, State Route 25, East Marion, New York 1'1939 and ali other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING 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 werds) (written in numbers) Basketball & Tennis court Project: D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TWO CHAIN LINK FENCE GATES TO PROVIDE 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) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within 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 (his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Basketball & Tennis court Project: D~2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Basketball & Tennis court Project: E-1 NON-DISCRIMINATION Cl AUSE 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 fails 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. 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. Basketball & Tennis court Project: F-1 E. 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. F. 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 otherwise provided by law. G. 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. H. 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) in accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services pedormed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each pemon 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 pdces 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, partnemhip, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The pemon 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 autbedzing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 1'1939 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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, 1965 Ch. 761, Sec. 103-d, as amended & effective on September 1, 1965. Signature Basketball & Tennis court Project: G-1 A M E R I C A N I N S T I T U T E 0 F A R C H I ? E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO I~ 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 ,~ssociated 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 substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subiect to legal prosecutions. A{~ [X~"~M~NT ~01 * GENER^L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" FOURTEENTH EDITION AIA® "©1987 THE AMERICANINSTITUTE OFARCHITECTS, 1735 NEW YORKAVENUE, N.W. WASHINGTON, D.C.20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 I INDEX Acceptance of Nonconforming Wo¢~ ......... 9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6,9.8,2,9.9.3,9.10.1,9.10.3 Access to Wink .......................... 3.13,6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 Acts and Omissions ,.~ 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4,2.3,4,3.2, Additional lnspecfions and Testing ....... 4.2.6,9,8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13,4.5.1 AIIowanc~ ........................................ 3.8 App#cationafoePay~ent .. 4.2.5,7.3.7,9.2,9.3,9,4,9.5.1,9.6.3, Approvals .... 2.4, 3,3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Atbitmtion ................... 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Archlt~t ......................................... 4.1 Architect, Definition o f ............................. 4.1,1 Architect, Extent of Authority ....... 2.4,3.12.6,4.2,4.3.2,4,3.6, Architect, Limitations o f Aut horit y and Responsibility . 33.3,3.12.8, 4213, 4.3.2, 5.21, 7.4, 9.42, 9,6.4, 9.6.6 Archit eot's Additional Services and Expenses ........ 24,9.8.2, AmhR~ct'a Administration of the Contract ........ 4.2, 4.5.0, 4.3.7, 4.4, 9.4, 9.5 Architect'sAuthority to Reject Work 3.5.1,4.2.6, 12,1,2, 12.21 Architect's Copyright ............................... 1.3 43.2, 4.36, 441,4.44, 45, 63, 7.3.0, 73.8, 81.3, 8,3.1, Architect's Inspections 42.2, 42.9, 4.3.6, 9.4.2, 98.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13,5.2 Architect's Interpretations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Sit e Observations ....... 4.2.2,4.2.5,43.6,9.4.2, Architect's Project Represer~tative ............... 4.2.10 Architect's Relationship with Contractor .... 1,1.2, 3.2.1,3.2.2, Architect's Relationship wit h Subcont factors .... 1.1.2, 4.2.3, 4.2.4, Architect's Representations ................9.,1.2,9.5.1,9.10,1 Architect's Site Visits ....... 4.2.2, 4,2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, Asbestos ........................................ 10.1 Attorneys' Fees ....................... 3.181,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and {)thee Contracts for Portions of the Work .............................. 5.2 Basic O~tinltions .................................. 1.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, Lien .............................. 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 2 A201-1987 Building Permit .................................... 3.7.1 Capltallzatio~ ....................................... 1.4 Certificatc of Subst an fiai Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, Certificates o f Inspection, Testing or Approval ..... 3.12.11, 13.5,4 Certificates of Insurance .................. 9.3.2, 9.10.2, 11.1.3 Change Orders, Definition o f .......................... 7.2.1 Chromes ........................................... 7.1 CHANGES IN THE WORK .... 3.11, 4.2.8, 7, 8.3.l, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5, 6.2,5, 8.3.2, Claims and Timely AsserUon of Claims ................ 4.5.6 Cleln'm 1o r Addtilonal Co~t ........ 4.3.6, 4.3.?, 4.3.9, 6.1.1, 10.3 Claims fo~' Addltior~[ Tlfll~ ............ 4,3.6,4.3.3,4.3.9,8,3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 CLaims for Damages... 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbit radon ................. 4.3.2, 4.4.4, 4.5.1 Cleaning Up ................................... 3.15, 6.3 Commencement of Statutory Um~tation Period ......... 13.7 Commencement of the Work, Conditions Relating to ..... 2A.2, Commencement of the Work, Definition of ............. 8.1.2 Communications Facilitating Contract Administration ................... 3.9.1,4.2.4, 5,2.1 Completion, Conditions Relating to .... 3.1 I, 3.15, 42.2, 42.9, COMPLETION, PAYMENTS AND 9 Completion, Substantial ...... 4.2.9,4.35.2,8.11,8.1.3,8.2.3, Compliance with Laws ..... 1.3, 3.6, 3.7, 3.13, 41.1, 10.2.2, 11.1, Concealed or Unknown Conditions ............. 4.3.6 Consent, Written .................. 1.3.1, 3.12,8, 3.14.2, 4A.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ........................... 1.1.4,6 Const ruction Change Directive, De finition o f ............. 7.3.1 Construction Chenge Directives .... 1.1.1,4.2.8, 7.1, ?.3, 9.3.1,1 Construction Schedules. Contractor's ........... 3.10,6.13 Contingent AsMgnment of Subcontracts .............. 5.4 Continuing Contract peHormance ............... 4.3.4 Contract, De finition o f .............................. 1,1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7,5.4.1.1,14 Contract Administ ration ................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, Contr~'t Documents, The ..................... 1.1, 1.2,7 Contract Documents, Copies Furnished and Use of · · · 1.3,2.2.5,5.3 Contract Documents, Definition of ................... 1.1.1 Contract Per formance During Arbit raBon ............ 4.3,4,4.5.3 Contract Sum ................... 3.8,4.3.6,4.3.7,4,4.4,5.2.3, Contract Sum, De finition o f ........................... 9.1 Contract Tinge ............. 4.3.6,4.3.8.4.4.4,7.2.1.3,7.3, Cont tact Time, Definition o~ ................... 8.1.1 AIA I~MENT ~201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N-W..WASH1NGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition o~ ........... . .............. 3.1, 6.1.2 Contractor's Construction Schedulds ............. 9.10,6.1.3 Contractor's Employees ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, Contractor's Ll~lllty Irmumnc~ ....................... 11.1 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 Responsibility for Those Performing the Work ................ 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ..................... 9.7 Cont factor's Submit tals ....... 3.10,3.11,3.12,4.2,7,5.2,1,5.2.3, Coordination and CorreLation .............. 1.2.2,1.2.4,3,3.1, Cost, Definition of ...................... 7.36, 14.3.5 Costs 24,32 1,3.74,3.8.2,3.15.2,4.3.6,4.37,4381,52.3, Cuthn0 end Patching .......................... 3.14,6.2.6 Damages, Claims for . 3.18,4.39,6,1 1,O2.5,8.3.2,95.1.2. 1014 Date of Substantial Completion, Definition of ............. 8.1.3 Day, Definition of .................................. 8.1.4 Decisions to Withhold Oel~flClltion .......... 9.5, 9.7, 14.1.1.3 Rejection and Correction of ............ 2.3,2.4,3.5.1,4.2,1, Defec0ve Work, Definifion 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 Emergencies ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2,3.4.2,3.8.1,3.9,3.18.1, Equipment, Labor, Materials 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, Execution, Correlation and Intent of the Contract Documents .......................... t.2, 3.7.1 Extensions of Time ............. 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 Failure o f Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2,1,4.2.9, 4.3.2, Financial Arrangements, Owner's ..................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PRO¥1$1ON$ ............................... 1 Govamlng Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ..................... 101, 10.2.4 Identification of Contract Documents ................ 1.2.1 Identifica0on o f Subcontractors and Suppliers ............. 5.2.1 Info,marion and Servlces Required of the Owner ..... 2.1.2,2.2, Injury or Dmmage to Pereon or Property 4.3.9 inspections ~ 33,3.34, 3.7A.,4.22, 4.2 O, 429, 436, 942, 982, O 92. 9.101, 135 Instructions to Bidders 1.1 l Insurance, Boildr and Machinery 11.3.2 Insurance, Contractor's Liabl6ty ............... 11.1 Insurance, Effective Date of 8.2.2, 1112 Insurence, Owner's Liability 11.2 Insurance, Property 10.2.5.11.3 Insurance, Stored Materials .................... 9,3,2, 11,3.1.4 INSURANCE AND BONDS ........................... 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1, 11.3.11 Insurance Companies, Settlement with ........... I 1.3.10 Intent of the Contract Documents .......... 1.2.3, 3.12.4, 4.2.6, 4.27. 42.12, 4.2.13, 7.4 interest ...................................... 13.6 Interpretations, Writ ten ................ 4.2.11,4,2.12,4.3.7 Joinder and Consogdation o f Claims Required ............ 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1,4.6.? Lebor and M~tel'l~de, Equipment .... 1,1.3, 1.1.6,9.4, 3.5.1,3.8.2, Labor Disputes ................................ 8.31 Limitation on Consolidation or Jo|nder ............... 4.5,5 Limitations, Statutes of ................ 4.5.4.2, 12.2.6, 13.7 Limitations of Authority ................. 3.3 l, 4A.2,4.2.1, AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©Ig87THEAMERICANINSTITUTEOFARCItlTECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates O.~, copyright laws and is subject to legal prosecution. A201-1987 3 LimRations of Liability ..... 2.3,3.2.1,3.5,1,3.7.3,3.12.8,3.12.11, Limit ations O f Time, General ...........2.2.1,2.2.4,3.2.1,3.7.3, Loss of Use Ir~urence ............................. 11.3.3 Materials, Hazardous ........................... 10.1, 10.2.4 Means, Methods, Techniques, Sequences and Procedures of Construction ......... 3.31,4.23,4.2,7,9.4.2 Minor Chel~ge$ In the Wol'k ........ 1.1.1,4.2,8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS ................... 13 Modifications, Definition of ........... r ............. 1.11 Mutual Responsibility ........................... 6.2 No~co~formlng Work, Acceptance of .............. 12,3 Nonconforming Work, Reiection and Correction of .... 2.31, Notice, Written 2.3,24,3.9,3.128,3.129,4,3, Notice o f Testing and Inspections 135.1,135.2 Notice to Proceed 82.2 Notices, Permlt~, Fees and 2.2.3, 3.7, 3.13, 7.3.6.4, I022 Observations, Architect's On-Sit e ................ 4.2.2,4.2.5, Observations, 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 Architect ...... 4.22,4.29,4.3.6, 9.42, 98.2, 9.92, 9.10.1 On-Site Obse~wations by t he Architect ....... 4.22,4.2.5,4.3.6, Orders, Written .......... 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, OWNER .................................... 2 Owner, Definition of ................................ 2.1 Ownsr, Inlormation and Services Required of the ....... 2.1.2, Owner's Authority ......... 3.8.1,4.1.3.4.2.9,5.2.1,5.2.4,5.4.1, Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Owner' s Liebllti'/Insuranse .......................... 11.2 Owner's Loss of Use Insurance ....................... 1113.3 Owner's Relationship with Subcontractors ............... l.1.2, Owner's Right to Carry Out theWork ....... 2.4, 12.2.4, 14.2.2.2 Owner's Right to Clnsn Up ..................... 6.3 Owner's Right to Perfonm Construction and to Award Seflarate Contracts ........................ 6.1 Owner's Right fo Stop the Work ................... 2.3,4.3.7 Owner's Right to Suspend thc Work .................... 14.3 Ovcrlcr'$ Right to Terminate thc Contract ................. 14.2 Ownemhlp and U~e of AmNtecrs Drawings, Specifications ~ ~} }} ............... 111.1, 1.3, 2.2.5, 5.3 Pel~lal Occulmncy o~ Use ................. 9.6.6,9.8, 11.3.11 Pafohlng, Cutting and ......................... 3.14,6.2.6 Patents, Royelties and .............................. 3.17 Peyme~t, Applications for ................ 4.2.5,9.2,9.3,9,4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certiflnstss for ........... 4.2.5, 4.2.9, 9.3.3, 8.4, 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 Payment, Failure o! ........................ 4.37,9.5.1.3, 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, 11.1.3, 11.3.5, 12.3.1 Paymect Bond, Perfonnsnce Bond and ............ 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress .......................... 4.3.4,9.3,9.6, 98.3, 910,3, 13.6, 142.3 PAYMENTS AND COMPLETION ................ 3, 14 Payments to Subcontractors ................. 54.2, 9.51.3, 9.62, 963, 9.6.4, 11.3.8, 14.2.12 PCB ........................................ 101 Performance Bond and Payment Bond .......... 7.3.64, 9.10.3, 11.3.9, 11.4 Permita, ~ ~ Nonces ....... 2.23, 3.7, 3.13, 7.36.4, 102.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlo ritual ed Biphenyl 101 P~'oduct Data, Definition of t 12.2 Product Data and Samples, Shop Drawing~ 5. I 1,3.12, 4.2.7 progress and Completion ~22,434, 8.2 Progress Payments ........ 43.4, 9.3, 8.6, 9.83, 9.103, 13.6, 14.2.3 Pre}ecl, Definition o f the 1.1.4 Project Manual, Definition of the t .1.7 Project Manuals 225 Proiect Representatives 4210 Property Insurance ................. 1025,11.3 PROTECTION OF 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, I1.1, 11.3, 13.1, 13.4, 13.5.1, 13.52, 13.6, 14 Rejection of Work ..................... 3.5.1,4.2.6, 12.2 Releases o f Waivers and Liens ................ 9.10.2 Representations 12.2,3.5.1,3.127, 0.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.82, 9.10.1 Representatives ......................... 2.1.1, 3.1.1,39, 4.1.1, 4.2.1, 4,2.10, 5.lA, 51.2, 13.2.1 Re~olution of Cl8tms end Disputse .................. 4.4,4.5 Responsihilit y for Those Per forming t he Work ........ 3.3.2, 4.23, 6.1.3, 6.2, 10 Retainage .............. 9,3.1,9.6.2, 9.8~3, 9.9.1,9.10.2, 9.10.3 Review of Commct Documents and Field Conditions by Contractor ........... 1.2.2,3.2, 3.7.3.3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3,10.1,310.2,3.11,3,12, ~Z.7, 4.2.9, 5.2.1, 5.23, 9.2, 9,8.2 Review of Shop Drawings, Product Data and Samples by Contractor ...................... 3.12.5 Rights and Remedies ......... 1.12, 2.3, 2.4, 35.1,3.15.2, 4.2.6, 4.3.6, 45, 5.3, 6.1, 6.3, 7.3.1, 8.31, 9.5.1, 9,7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4~ 14 Royalties and Patents .................... 3.17 4 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Rules and Notices for ArbitraUon ..................... 4.5.2 Safety of Persons end Property ...................... 10.2 Safety Precautions and prograrns ........... 42.3,4.2.7,10.1 Samples, Definition of .............................. 3.12.3 Sample~,ShopDrawlngs, productDataend ... 3.11,3.12,4.2.7 Sarnples at the SIt~, Documents and ................... 3.11 Schedule o1 Values ............................ 9.2, 9.3.1 Schedules, Construction ............................. 3.10 Separate Cont facts and Contractors .......... 1.1,4,3.14,2,4.2.4, Shop Drawings, De finition o f ......................... 3.12.1 Shop Drawings, product Dots and Samples .... 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, Archkect's ................ 4,2.2,4.2,5,4,2.9,4.3.6, Special haspections and Testing ........... 4.2.6, 12,2.1, 13.5 Statutes of Limitations ................. 4.5.4.2, 12.2,6, 13.7 Stopping the Work ........... 2.3,4.3.7,9.7, 10.1.2, 103, 14.1 Stored Materials .......... 6.2.1,9,3.2, 10.2.1.2, ]1.3.1.4, 12.2.4 Subcontractor, Definition of ...................... 5.1 .I SUBCONTRAC,rOR$ ....................... Subcontractors, Work by ................ 12.4,33.2,3.12.1, 42.3, 5.3, 5.4 $ubcontra¢tual RelaUon$ ............. 5.3,5.4,93.1.2,9.6.2, Subrolletion, Waivers o1 611,11.35,11.3.7 Substanfia] Completion, Definition of 98 l Substitution of Subconlractors 52.3, ~24 Substitufion of the Architect 4.13 Substitutions of Materials ..................... 3.51 Sub subcontractor, Definition of .......... 512 Subsurface Condit k)ns 4.3b $ucces$ors and Aesiges ................. 13.2 Superintendent ............. 3.9, 102.6 Supervision and Coestrucfion Drocedu res ...... I 2.4,3.3, 3.4, Surety ........... 4.4.1,4.44, 54.1.2, 9.10.2, 9.10.3, 14.22 Surety, Consent of ................. 9.91,910.2,9.10.3 Surveys 2.2.2, 3 18.3 Suspension by the Owner for Convenience ............. 14.3 Suspension ortho Work ............. 43.7, ~.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5,4.1.1, 14 ,rexes ..................................... 3.6, 7.3.6,4 -r ermlnatlon by the C-ontractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1,14.2 Termination o f the Architect ........................ 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ..... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.l, 13.5 ,rIME ............................................... 6 Time, Delays end Extenalons of .............. 4.3.8,7.2.1,8.3 Time Limits on Claims ......... 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 Wo~ ............................ 12.1 Unforeseen Conditions ................... 4.3.6, 8.3.1, 10.1 Unit Prices ............................... 7.1.4,7.3.3.2 UseofDocurnents ............ 1.1 1, 13, 2.2.~, 3.12.7, 53 Ues of Site ...................... 3.13,6.1.1,6.2l Vehlee, $chadtile of .................... 6.2, 9.3.1 Waiver of Clalm~: Final Payment ....... 4.3.5, 4.5,1,9.10.3 Waiver of Claims by the Architect .................. 13,4.2 Waiver of Claims by the Contractor ....... 9.10.4, ] 13.7, 13.4.2 Waiver of Claims by the Owner ......... 435,4.5.1,9 93, Walver of Liens c~102 Waivers of Subrogation 6 I 1, 11.35, I 137 When Arbitration May Be Demanded ....... 4.5.4 Written Notice ........ 2.3, 2.4, 39, 3128, 3129, 43, 44.4, AIA DO~JMENT A201 * GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OF ARCNITECTS, 1735 NEW YORK AVENUE, N.Yq., xYffASHINGTON. D.C 20eR )6 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMEHTS The Contact Documents consist of thc Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specilications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contact signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written orOer 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 invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Architect sball, however, be entitled to performance and enforcement of obligations under the Contact intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means tile construction and services required by the Contact Documents, whether completed or pardally completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include constructinn by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documems, wherever located and whenever issued, showing the design, location and dinmnsions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contact and Specifications, 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contact Documents shall be signed by the Owner and Contractor as provided in the Agreement. ff either the Owner or Contractor or both do not s~gn all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contact 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 require- ments of the Contact 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- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establLshing the extent of Work to be performed by any trade, 1.2.8 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contact Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. Tile Contractor may retain one contract record set. Neither the Contractor nor 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 otherwise 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 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS 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: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other puqooses 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 defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses 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- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an ARTICLE 2 OwHER 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 Documems :ts if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall 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 correct statement of the record legal title 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 chaDge, 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 thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to f~lfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution 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 am Ihe responsibility of the Comractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and chaeges required for construction, nsc or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.~).S Unless otherwise provided in the Contract Documents, 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 A~ticle 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 t (Insurance and Bonds), 2,3 OWNER'S RIGHT TO STOP THE WORK 2,3.1 If the 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 carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the canse 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 tbe extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults 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 the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such anlounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Coruractor or the Contracn)r's authorized representative. AIA DOCUMENT/O.0,~ * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ,* FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASIcliNGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 3,2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefillly 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 report to the Architect errors, inconsistencies or omissions 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 construction activity knowing 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. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements 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. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construe tion nreans, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc lions concerning these matters. 3.3.2 The Contractor shall he responsible tt) the Owner lot acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons perle)truing portions of the Work under a contract with the Contractor 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documems either by activities or duties of the Archilect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contracn)r. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter nrine that such portions are in proper coudition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- merit, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether tecnporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enfurce strict discipline and good order among the Contractor's empk)yees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks 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 authorized, may be considered defective~ The Contractor's warranty excludes 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 f~rnish 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 NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Cootractor 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 executton of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.?.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on perfonmance of the Work. 3.7.8 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regula- tions. However, if 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 3.7.4 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 assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractnr shall include in the Contract Sum all allowances stated in the Contract Documents. Items 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 wbicb the Contractor makes reasonable objection. 3,8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner u) 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 AIA DOCUMENT Aao1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D C 20{)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance anaounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shMl 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. 3.9 SUPERINTEHDEKq' 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project 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 case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded thc 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 rime limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of die Work and Project, shall be related 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. 3.10.2 The Contractor shall prepare ired keep current, for the Architect's approval, a schedule of submittals which is coordi hated with the Contractor's construction schedule and allows the Architect regsonable time to review submittals. 3.10.3 The Contractor shali contorm to the most l'<ccnl schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specificatiol~s, addenda, Change 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 required 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. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcomractor, manufacturer, supplier or distributor to illustrate some portion of the 'x~'ork. 3.12.2 Product Data are illustratiuns, standard schedules, per- formance charts, instrucfions, brochures, diagrams and other informafion furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3~12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be iudged. 3,12.4 Shnp Drawings, Product Data, Samples and similar sub mittals are not Contract Documents. 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 Subparagraph 4.2.7. :$.12,$ The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.18 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- tat has been approved by the Architect. Such Work shall be in accordance with approved submittals. 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 submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically 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 omisskms in Shop Draw- ings, Product Data, Samples or similar submitrals by the Archi- tect's approval thereof, 3.12.9 The Contracn)r shall direct specific attention, in writing or t)n resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon whk'h the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations 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, tiding or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed constructk)n of the Owner or separate contractors by cutting, patching or other- wise altering such constmcfion, ct by excavafion. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTK)N · FOURTEENTH EDITION AIA® · ~) It)87 THE AM ERI¢.~.N INSTITUTE OF ARCHLY[ ECTS, 1755 NEW YORK AVENUE. NW.. WASHINGTON, D C 20{R}(3 WARNING: Unlicensed photocopying violates ILS. copyright laws and is subject to legal prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The 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 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material& 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof 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 royalties and license fees. The Contractor shall defend suits or claims for infringement of patent eights 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 particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process nr product is an infringement ora patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect, 3.18 INDEMNIFICATION 3.18.1 To thc- fullest extent pertained by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect'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' fees, arising out of or resulting from performance of the Work, provided that such clahn, dam- age, loss or expense 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 whnle 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 party 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 person described in this paragraph 3.18, 3.18.2 In claims against any person or entity indemnified 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 indemnifica- tion obligation under this Paragraph 3.18 shall not 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 workmen'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 consultants, and agents and employees of any of them arising out of (1) 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 Aroh~tect, the Architect's consultants, and agents and employees of any of them provided such giving or failure 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 thc 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 if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 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 against whom the Con- tractor makes no reasonable objection and whose status 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 N~tUTECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from tinge to time during the correction period described in Para- graph 12.2. 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 at 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 lng that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions 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 A~A DOCOMEHT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©1987THEAMERICANINSTITUTEOFARCHITECTS, 17)5NEWYORKAVENUE, NW,WASHINGTON, D C.20006 WARNING: Unlicensed photocopying violates U.S, copyright laws and is sublect to legnl prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons perfom'dng portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially antho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. 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. 4.2.5 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. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- 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 or 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 responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing 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 purpose of checking for conformance with information given and the design Concept expressed in the Contract Docu- ments. The A~chitect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review, Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of tile Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- rals 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. 4.2.3 The Architect will prepare Change Orders and Constrac- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review 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 carrying 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 exhibit to be incorpo- 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 prompmess and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to far- nish such interpretations until 15 days after 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 Contractor, 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 decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND OISPUTES 4.3.1 Detin~on, 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, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relar- log to the Contract. Claims must be made by written notice. Tile responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 D~cl$1On of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 44. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4,4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on CAaim$. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after 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. AIA DO~A}MENT Aa01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · (~31987 THEAMERICANINSTITUTEOI:ARCHITECTS, 1735 NEW YORK AVENUE, N.W,WASHINGTON. DC.~OOOG WARNING: Unlicensed photocopying violates U.S, copyright laws and is .~ulYlect to legal prosecution, A201-1987 11 4.3,4 Continuing Contrsct Performance. Pending final reso- lution 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 Claims: Final Payment. The making of final 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 .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Con~esled or Unknown Conditions. If con- ditions 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, if they differ materially 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 adjpst, rnent in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different 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 determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sun~ or Comract Time, the adjustment shall be referred to the Architect for initial deter- ruination, subject to further proceedings pursuant to Paragraph 4.3.7 Claims for Additional Cor~t. If the Contractor wishes to as provided herein shall be given before proceeding to execute stop the Work where the Contractor was not at fanlt, (3) a writ- lect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other 4.3.8 Claims for Additional Time 12 A201-1987 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. 4.3.9 In}uty or Oam~ 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 first 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 Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation, 4.4.3 If a Clail~ has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved alter consideration of the fnregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notif3' the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If 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 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. 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 having 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 tile Architect has given notice and rendered 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 :cs provided in Paragraph 4.3 and no decision has been rendered WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner ;md Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be d~'ided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties 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 During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to 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 five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand far arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in thc Architect's decision becoming £mal and binding upon the Owner ;md Contractor. If the Architect renders a decision after arbitration proceedings 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 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 'LS.* and Clauac 454.: as applicable, and in other cases within a reasonable rime 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 15.7. 4.5.5 Limitation on Consolidation or Jolnder. No arbitration arising out of or relating to the Contract Documems 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 sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law 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 person or entity not named or described therein, The fore going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction tbereoL 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of dcm;md for arbitration must assert in the dcm;md all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party falls to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, tile arbitrator or arbitrators may permit zmendment. 4.5.7 dud~ment on Final Award. The award rendered by the arbitrator or arbitrators shall be f'mal, and iudgment may be entered upon it in accordance with applicable law in ;my 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 means 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 if singular in number and means a Sub-subcontractor or an authorized representative of the Sub subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2,1 Unless otherwise stated in the Contract Documems or the bidding requirements, the Contractor, as soon as prac ticable after award of the Contract, shall furnisb in writing to thc Owner through the Architect the names of persons or enti ties (including those who are to furnish materials or equipment fabricated to a spec/al design) proposed for each principal pot tion of the Work. ]'he Architect wifl promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect. after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason able objection. 5.2.2 The Contractor shall not contract with a proposed per son or entity to whom the Owner or Architect has made rea- sonable and timely objection. Tbe Contractor shall not be required to contract with anyone to wbom the Contractor has made reasonable objection. 6.2.:3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased 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 shall be allowed lbr such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 Tbe Contractor shall not change a Subcontractor, person or entity previously selecied if the Owner or Architect makes reasonable objectkm to such change. AIA DOCUMENT A201 * GENERAL CONmTIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTIt EDITION Al^® · _(_c) [987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, O.C 2000() WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject 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 extent 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 Architect. 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 rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of 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 agreements 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 their respective proposed Sub-subcontractors. 6.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 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 noticing the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 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 RIGHT TO PERFOP. M CONSTRUCTION ANO TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions 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 claims that delay or additional cost is involved because 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 Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them, The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schednle 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 related 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 sane rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 5.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate coo- 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- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends 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 construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' Completed or partially completed construction is fit arid proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by in, properly timed activities or defective construction shall be borne by the party responsi ble therefor. 6.2.4 The Contractor sbail pronlptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided 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 Paragraph 3.14, 6.3 OWNER'S RIGHT TO CLEAN 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- ing area free 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 DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 TttE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W. WASttINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laWS and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in thc Work may be accomplished afZer execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations 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 Documents or subsequently agreed upon, and if quantities originally con- templated 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. 7.2 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 Contract Sum, if any: and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared hy the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, {f any, in the Contract Suru or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, 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 terms of a Change Order. ?.3.3 If the Construction Change Directive provides for an adjustment 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 sufficient 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 prompdy 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 Constpaction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.S A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Tinge or the method for determining them. Such agreement sha~ 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 ba3is 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. Udiess otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be {imited to the following: .1 costs of labor, inclnding social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .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 .5 additional costs of superx,ision 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 credit 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 firmed by the A~.chitect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured 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 method 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- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order A~A DOCUMENT ~201 ,, GEN£KAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ · ¢)1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735NEWYORRAVENUE, N.W., WASHINGTON. D,C Zoo0~ WARNING: Unlicensed photocopying violates U.S. copyright laws and is suiY~ect ~ legal prosecution. A201-1987 15 7.4 MINOR 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 with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. Tile Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 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. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 9.1.3 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 otherwise specifically defined, 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing .the Agreement the Con- tractor coni~rms that the Contract Time is a reasonable period for performing the Work, 3.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of thc Owner in writing, prematurely corn mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 I to be lhrnished 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 writing not less than flvc days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests, 8.2.3 Tile Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 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, nr by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, 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 Architect determines may jusfify delay, then the Contract Time sball be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating tu time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages fi)r delay by either party under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is 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 of 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 objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, 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 Subcontractors and material suppliers, and reflecting rerainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives 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 ora 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- poratk)n in the Work. If 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. shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or utherwise protect the Owner's interest, and shall include applicable insurance, cquipment stored off the site, 9.3.3 The Contractur warrants that title to all Wurk covered by an Application fnr Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that nptm 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 uther persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work, 9,4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven clays after receipt of the 16 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF TIlE CONTRACT FOR CONSTRUCTION · t'OURTEENTH EDITION AIA® * ©I987THE AMERICANINSTITUTEOFARCHITECTS. 1735NEW YORKAVENUE, NW.,WASHINGTON. DC 20OO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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.$,.2 The issuance ora Certificate for Payment will constitute a representation 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 flarther constitute a representation that the Contractor is entitled to payment in the amount certified. 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, sequences 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. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify 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 by Subparagraph 94.2 cannot he 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 remount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- may nullify the whole or a part of a Certificate for Payment .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot he com- pleted for the unpaid balance of tile Contract Sum; .5 damage to the Owner or another contractor; .8 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 .? persistent failure to carry out the ',X/ork in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification wiU be made for amounts previously withheld, 9,8 pROGRESS PAYMENTS 9.6.1 After 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. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor 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. {}.6.3 The Architect will, 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 Azchitect and Owner on account of por- tions of the Work done by such Subcontractor, 9.6.4 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. 9.6.5 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. 9.6.6 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. 9.7 FAILURE Of= PAYMENT 9.1.1 If the Architect does not issue a Certificate for Payment. through no fault of the Contractor, witbin seven days alter 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 an~ount cer- tified 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 of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9,8 SUBSTANTIAL COMPLETION 9.8,1 Substantial Completion is the stage in the progress Df the Work when the Work or designated Ix)rtion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended USC. 9.8.2 When thc Contractor considers that the Work, OF a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a compreheRsive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu meats. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * $)1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, DC 2(X}O6 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the Architect'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 shall, before issuance of the Certificate of SubstandaI Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request 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- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, 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 designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitred to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.9.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adlustment in retainage, if any, for such Work or por- tion thereof as provided in thc Contract Docmnents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par dally completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, 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 partial occupanc, 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, rerainage if 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 required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use 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, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupaqcy or use, the Owner, Contractor and Architect shall jointly inspect the area to 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 agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tm~ce of Work not complying with the requimmems of the Contract Documents. 9.10 FINAL COMPLETION AHD FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make 18 A201-1987 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, information 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 entire balance found to be due the Contrac- tor arid noted in said final Certificate is due and pay'able. The Architect's final Certificate for Payment 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 Contract Documents to remain in force after final payment is currently in effect and will 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 furnish a bond satisPactory to the Owner to indemnify the Owner against such lien. If such lien remafus unsatisfied after payments are made, tile Contractor shall refund to the Owner all money that thc Owner may be compelled 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 materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect 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 retainage 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 certification of such payment, Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall 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 material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A~O! * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W,WASHINGTON, D C.20OO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject 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 initiating, main- raining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlofmated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori~ nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in 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 the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect'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' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than thc Work itself) including loss of use resuliing therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party 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 person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 Thc Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury 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 in storage on or off the site, under care, custody or contrdl of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tnrs; and ,3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo cation or replacement in the course of constructk)n. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations 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, rea.son- 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 carry 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 under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in 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.l.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 negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 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 in writing to the Owner and Architect 10.2.7 The Comractor shall not load or pern~it :u~y part of the construction or site to be loaded so as to endanger/ts safety. 10.3 EMERGENCIES 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 lion or extension of time claimed by the Contractor on account of ~ emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from 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 directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other sin~ilar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 · GENERAL CONDITIONS OF ]HE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION AIA® · ©1987 ThE AMERICAN INSTITUTE OFARCHITECTS, 1735NEW YORKAVENUE. N.W, WASHINGTON, D.C. 20006 A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 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; .Ii claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including 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 Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Docoments 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 commencement of the Work until date of final payment and termination of any coverage required to be main- rained after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be fded with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 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 required to remain in force after final payment and are reason ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor's information and belief, 11,2 OWNER'S LIABILITY INSURANCE 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 against claims which may arise from operations under the Contract. The 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 Unless otherwise provided, the Owner shall purchase and maimaln, in a company or companies lawftdly anthorized to do business in the jurisdiction in which the Project is umary deductibles, Such property insurance shall be main- or otherwise agreed in writing by all persons and entities 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 ali-risk policy 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 perils 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 coverages 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 Contractor, 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 shall pay costs not covered because of such deductibIes. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with vohmtary 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 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 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance requited by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include shall be named insureds. 11.3.3 /o5s ot Use [llsuranc~. The Owner, at tile Owner's due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to 11.~.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cust thereof shall be cbarged to the Contractor by appropriate Change Order. 20 A201-1987 ArA DOCIJMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W, WASHINGT¢ )N, D.C 200{X~ WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period 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 fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall ftle 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, defini- 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 Waivers 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 contractors described in Article 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 s~ch insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shalI 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 enum crated herein. The policies shall provide such waivers of subro- gatinn 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 whetber or not the person or entity had an insurable interest in the property damaged. 11.3.3 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 clause 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-subcomractors in similar 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~ reeds so 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 after such los5 no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order, 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection he made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. ]f distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies 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 AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds coveri]lg payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in wrinng by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the 12.1.2 If 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 lng and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with 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 promptly correct Work rejected by the Architect or fa~ling to conform to the requirements of Substantial Completion and whether or not fabricated, installed such rejected Work, including additional testing and inspec- expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tinn of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ~:) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASI-UNGTON, D C 2DO06 A201-1987 21 WARNING: Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. 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 after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written aeeep- tance of such condition. This period of one yeax shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actdal perforce 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 notice prompdy 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 corrected 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 it 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 expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipmegt 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 expenses made necessary thereby, If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not 5uftlcielu 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 damaged 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- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation 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, nor 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 specifically to correct the Work, 12.3 ACCEPTANCE OF NONCONFORMING WORK 12,3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 22 A201-1987 ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, 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 assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract, 13.3 WRITTEN NOTICE 13.3,1 Written notice shall be deemed to have been duly served if 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 if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 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 lmfitation 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 in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi nances, roles, regulations or orders 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- ing 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 notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after 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 13.5.1, the Architect will, upon written authorization from the Owner, instruct thc Contractor to make arrangements 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. AIA DOCUMENT A201 · GENEP. AL CONDITIONS OF THE CONTRACT EOR CONSTRUCTION · FOURTEENTH EDITION Ai^® · ©I987THEAMERICANINSTITUTEOFARCHITECTS. 17~sNE'cc/YORKAvENUE,N'W,wAsHINGTON'D'C 20006 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 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 bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 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 INTEREST 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 parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.'/ COMMENO~MENT O~ STATUTORy LIMITATION P~RIO~ 13.7.1 As between 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 statnte of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur ring subsequent to the relevant date of Substantial Completion and prio~r to issuance of the final Carrie cate for Payment, any applicable statute of limitations shall commence to mn and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, 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 later than the date of any act or failure to act by the Contractor pursuant to any warranty 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 other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract ff 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 haxrmg jurisdiction; .2 an act of govemmem, such as a declaration of national emergency, making material unavailable; .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 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1, 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, a-nd construction equipment and machinery, including rca&)nable overhead, profit and damages, 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 Owner has persistently 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 and 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, ordinanees, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficiem cause exists to jus- AiA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIAe · © 1987 THE AMERICKN INSTITUTE OF ^RCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to !e~al prosecution. A201-1987 23 tify such action, may without prejudice to any other fights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if 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 ass~9~ment of subcontracts pursuant to para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.'~.3 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 is t'rnished. 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 necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE 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. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruly tion. No adiustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 &IA ~)(~U~E~ ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCIt ITECTS, 1735 NEW YORK AVENUE. N.W. WASHINGTON, D.C 20006 WARNING:. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions ofthe 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) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. 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 $100,000. Basketball & Tennis Court Project: H-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): do 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: Basketball & Tennis Court Project: H-2 PAYROLL CERTIFICATION FORM I do hereby state: 1. That I pay or supervise the payment of the persons employed by on the ; that during the payroll period commencing on the day of , 20 , and ending the , day of , 20 , all from the full weekly wages esmed by any pemon and that no deductions have been made either directly or indirecgy from the full wages earned by any person o~er than 4. That: (a). WHERE FRINGE BENEFIES ARE pAID TO APPROVED PLANS, FUNDS OR PROGRAMS (NOTARY & SEAL) Basketball & Tennis Court Project: I-1 Z ~ 0 ~ 0 ~ 0 o~ 0 o~ 0 ~ 0 ~ 0 ~ 00T. or ST. 0 '"lTl Basketball & Tennis Court Project: ]:-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for East Marion Park Basketball & Tennis Court Construction Oysterponds School Distdct State Route 25 East Marion, New York 11939 Basketball & Tennis Court Project: J-1 · . , Page 1 of 10 GENERAL DECISION NY020013 01/31/03 NY13 General Decision Number NY020013 Superseded General Decision No. NY0t0013 State: New York Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(les): NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Modification Number publication Date 0 03/01/2002 1 03/08/2002 2 03/22/2002 3 03/29/2002 4 05/03/2002 5 06/07/2002 6 07/12/2002 7 08/23/2002 8 09/13/2002 9 10/04/2002 10 01/03/2003 11 01/31/2003 COUNTY(ies): NASSAU SUFFOLK ASBE0012A 07/01/2002 ASBESTOS/INSULATOR WORKERS: SCOPE OF WORK: includes application of all insulating materials, protective coYerings,coatin~s and finishin9 to all types of mechanical systems. Rates Fringes 36.86 20.89 HAZARDOUS MATERIAL HANDLER 23.00 6.20 BOIL0005A 09/01/2002 Rates Fringes BOILEP34A/{ER $35.86 21.17+a FOOTNOTE: a. PAID HOLIDAYS: New Years~Day, Thanksgivin~ Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve h~Tn-//duvi~hacnn nli~ vov/search/current/nvl3.dvb 3/7/2003 Page 2 of 10 * BRNY0001A 07/01/2002 Rates Fringes BRICKLAYERS 36.57 17.21 STONEMASONS 30.69 17.90 CARP0007V 07/01/2002 Rates Fringes C~.RPENTERS Building 32.42 22.23 Heavy & Highway 32.42 22.23 Residential 24.00 14.41 * CARP0740A 01/01/2003 Rates Fringes MILLWRIGHTS 36.06 28.58 * C;LRP1456J 01/01/2003 Rates Fringes DIVERS 43.80 24.70 DIVERS TE~IDERS 32.40 24.70 DOCKBUILDERS 35.67 24.70 PILEDRIVERFO~N 35.67 24.70 SOFT FLOOR LAYERS 37.36 24.70 PAPER~GERS 23.88 10.48 C~-~P1536A 07/01/2001 Rates Fringes TIMBERMEN 30.59 23.64 ELEC0025B 05/04/2002 Rates Fringes ELECTRICI~NS 39.00 20.97 ELEC0025C 09/28/2002 ELECTRICI~S: Rates Fringes Wirin9 or single or multiple family dwellings and apartments up to and including 2 stories 25.75 12.70 Maintenance Unit 30.76 35.5%+2.68 Telephone Unit 27.69 47.5%+.67 ELEC1049B 10/01/2001 LINE CONSTRUCTION: Substation and Switching structures pipe type cable ' installation and maintenance jobs or projects; Railroad Rates Fringes hnn-//davishacon.ntis.~ov/search/eurrent/n¥ 13.dvb 3/7/2003 , · Pag~ 3 of 10 electrical distribution/ transmission systems maintenance (when work is not performed by railroad employees) Overhead and Underground transmission/distribution line work. Fiber optic, telephone cable and equipment; Lineman & Cable Splicer Heavy Equipment Operator Groundman 33.10 10.39 23.33 6.99 17.50 6.08 Tree Trimmer 20.85 6.98 ELEV0001B 07/01/1998 Rates ELEVATOR MECHANICS (New Construction) 34.415 Fringes 10.805+a ELEVATOR MEC}L~NICS (Modernization and Repair) 28.576 10.655+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 5 years of service, and 6% for employees with less than 5 years of service ENGI0138A 06/01/2002 BUILDING CONSTRUCTION Rates Fringes GROUP 1 35.18 23.54+a GROUP 2 33.29 23.54+a GROUP 3 32.04 23.54+a GROUP 4 39.50 23.54+a GROUP 5 28.23 23.54+a NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday or President's Day (in lieu of Lincoln's or Washington's Birthday), Good Friday, Memorial Day, Indpendence Day, Labor Day, Veteran's Da~, Thanksgivin9 Day, Christmas Day or days celebrated as such. Any holiday that falls on a Saturday will be celebrated on Friday h~+,~.tl~t,w~eh~r,t~n ntiq onv/~aarch/cnrrenffnvl3.dvb 3/7/2003 Page 4 of 10 POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler), crane (crawler truck), crane (on barge), crane (stone setting), crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradatl, grader, hoist (3 drum), loading machine (bucket) cap of 10 yds or over micro-trap, with compressor (negative air machine}, milling machine, large pile driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi), dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn), mulch machine (machine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine), roller, (asphalt), scoop (carry-all scraper), tower crane (maintenance man), trenching machine GROUP 3: Comrpessor (s~ructurat steel), Compressor (2 or more in battery), concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing machine, fireman, hoist (1 drum), micro-trap, (self contained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump (well point), pulvi-mixer, ridge cutter, roller (dirt), striping machine, vac-all, welding and burning, welding machine (pile work), welding machine (structural steel) GROUP 4: Compressor, compressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, concrete saw or cutter, forklift (walk behind, power operated), generator-pile work, generator, hydra hammer, mechanical compactors (hand operated), oiler (truck crane), pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm), pump (gypsum), trench machine (hand), welding machine GROUP 5: Batching plant (on site of job), generator (small), mixer (with skip), mixer (2 small with or without skip), mixer (2 bag or over, 'with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, stump chipper, tower crane (oiler), tractor (caterpillar or wheel vibrator) ENGI0138B 06/01/2001 POWER EQUIPMENT OPERATORS Rates Fringes HEAVY ~ HIGHWAY CONSTRUCTION GROUP 1 36.19 23.54+a GROUP 2 33.67 23.54+a GROUP 3 32.40 23.54+a l*o~..ll,l,,,,l¢.l.. ..... f;e n,~xr/e,~areh/c,,rr~nt/nvl 3 dvh 3/7/2003 Page 5 GROUP 4 29.88 23.54+a GROUP 5 28.61 23.54+a GROUP 6 24.16 8.95+10% NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) 100-149 ft .50 boom lenghts (including j/b) 150-249 ft .75 boom lenghts (including j/b) 250-349 ft 1.00 boom lengths (including jib) 350 ft 1.50 Cranes using clamshell buckets .25 Front end loader 10 yds and above .25 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Years Day, Lincoln's Birthday, Washington's Birthday or Presidents Day (in liew of Lincoln's or Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, christmas Day or days celebrated as such. Any holiday that falls on Saturday will be celebrated on Friday. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300), boiler (thermoplastic), boring machine (post hole), cgherry picker (over 50 ton), CMI or maxim spreader, concrete pump; with oiler, crane (crawler truck), crane (on barge), crane (stone setting) crane (structural steel), crane (with clam shell), derrick, dragtine, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap (with con~pressor-negative air machine), mi¢ling machine (large), piledrlver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), power-house, road paver, scoop, carr~r all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self-propelled), tank work, tower crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi), Dinky Locomotive, Forklift, Hoist (2 drum), Loading Machine, Loading Machine (front end), Mechanical Compactor (machine drawn), Mulch Machine (machine- fed), Power Winch (other than stone/structural steel), Power Winch (truck mounted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, scraper), Tower Crane (maintenance man), Trenching Machine, Vermeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete), Maintenance Engineer (small equipment), Maintenance engineer (well-point) Mechanic (fieldman), Micro-Trap (self contained, negative air machine), Milling Machine (small), Pulvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well httn://davishacon.ntis.~ov/searcbdcurrenffnyl 3.dvb 3/7/2003 point), Roller Dirt, Vac-All, Welding and burning, Compressor (structural steel), Compressor (2 or more battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, welding Machine (pile work), Welding Machine (structural Steel). GROUP 4: Compressor, Compresso~ on crane, Compressor '(pile work), Compressor (stone setting), Concrete Breaker, Concrete Saw or Cutter, Pork Lift (walk behind, power operated), Generator- Pile Work, Generator, Hydra Hammer, Mechanical Compoactors (hand operated), Oiler (truck crane), Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (double action diaphragm), Pump gypsum, Pump (single action 1 to 3 inches), Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of job), Generator (small), Grinder, Mixer (with skip), Mixer (2 small with or without skip), Mixer (2 bag or over, with or without skip), Mulch Machine, Oiler, Pump (centrifugal, up to 3 inches), Root C~tter, Stump Chipper, Tower Crane (oiler), Track Tamper (2 engineers, each), Tractor (caterpillar or wheel), Vibrator, Work boat (deckhand), GROUP 6: Well drillers IRON0046C 07/01/2001 Rates Fringes IRON-WORKERS (METALLIC LATHERS) 36.50 21.42 IRON0197A 01/01/2003 Rates Fringes IRONWORKERS (STONE DERRICK~ig) 35.76 27.75 * IRON0361A 01/01/2003 Rates Fringes IRONWORKERS (STRUCTURAL) 35.50 35.73 * IRON0580A 01/01/2003 Rates Fringes IRONWORKERS (ORNAMENTAL) 35.15 27.40 I~00066A 07/01/2001 Rates Fringes I~ORERS: BUILDING Laborers 24.00 16.85 Plasterers tenders 24.00 16.85 I~00078A 12/01/2002 ASBESTOS (Removal, ~]Datement, Encapsulation or Decontamination Of asbestos); LEAD; & HAZARDOUS WASTE LABORERS (Hazardous Waste, Rates Fringes ~h~cnn.ntis.~ov/search/current]nyl 3.dvb 3/7/2003 Page / or lu Hazardous Materials, Biochemical and Mold Remediation, HVAC, Duct Cleaning, Re-spray Fireproofing, etc. 23.85 6.35 LABO1298P 06/01/2002 LABORERS (HEAVY & HIGHWAY): Rates Fringes Asphalt Rakers; Formsetters Asphalt Shovelers, Roller Boys & Tampers 28.12 14.82+a 27.50 14.82+a Regular Laborers 25.23 14.82+a FOOTNOTES: Laborers working in a hazardous material hot zone shall receive an additional 20% premium. Where the contract provides for night work outside the regular hours of work, the employees shall be paid at straight time plus a 20% night work premium for the 8 hours worked during the night. Firewatch work performed after regular hous shall be paid an additional 10% premium.' Second and Third Shift work will be paid at a 10% premium. PAIN0009C 05/01/2002 Rates PAINTERS: Painters, Drywall Finishers 30.25 Spray, Scaffold, Sandblasting 33.25 Structural Steel (over 20 ft}, Sandblasting 33.25 Fringes 15.42 15,42 15.42 GI~AZIERS 32.20 20.17 PAIN1974B 07/03/2002 Rates Fringes DRYWALL TAPERS/POINTERS 33.82 PLAS0260C 07/01/1999 Rates Fringes pLASTERERS 27.91 15.16 PLAS0780A 07/01/2002 Rates 'Fringes CEMENT MASONS 38.00 17.85 PLUM0200A 11/01/2002 BUILDING CONSTRUCTION: Rates Fringes ~.--.-. t~,~.~;oho,.~,, .*i ~ cmv/~earch/currenl/nvl 3.dvb 3/7/2003 Page 8 oflO PLUMBERS 38.28 18.93 RESIDENTIAL CONSTRUCTION: PLUMBERS 17.18 5.70 PLUM0638A 07/15/2002 Rates Fringes SPRINKLER FITTERS, STEAMFITTERS 38.32 24.32 SERVICE FITTERS 26.30 2.55 Sewvice Fitter work shall consist of all repair, service and maintenance work on domestic, commerical and industrial refrigeration, air conditioning and air cooling, stoker and oil burner apparatus and heating apparatus etc., including but not exclusively the charging, evacuation, leak testing and assembling for all machines for domestic, commercial and industrial refrigeration, air conditioning and heating apparatus. Also, work shall include adjusting, including capacity adjustments, checking and repairing of replacement of all controls and start up of all machines and repairing all defects that may develop on any system for domestic, commercial and industrial refrigeration and all air conditioning, air cooling, stoker and oil burner apparatus and heating apparatus regardless of size or type. ROOF0154A 10/01/2000 Rates Fringes ROOFERS 27.50 18.79 SHEE0028B 08/01/2002 Rates Fringes SHEET METAL WORKERS 37.17 24.13 * TEAM0282I 07/01/2002 Rates Fringes TRUCK DRIVERS: Asphalt 29.085 21.1025+a+b High Rise 32.01 19.5525+a+b Euclids & turnapulls 29.65 21.1025+a+b FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, columbus Day, Election Day, Veterans' Day (Armistice Day), Thanksgiving Day and Christmas Day. Employees working two (2) days in the calendar week in which a holiday falls are to be paid for such holiday, provided that they shape each remaining workday during such calendar week. b. VACATION: For each 15 days worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the 3/7/2003 P~¢9otlv close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall be entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vaction; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay per year. WELDERS - Receive rate prescribed for craft performinG operation to which weldinG is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listinG above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlyinG a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N~ W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request htt,,.//cl,vighacon.ntis.nov/search/current/ny 13.dvb 3/7/2003 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1~8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20~10 The re~est should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are final. END OF GENERAL DECISION ht~-//cl~vi~hac,~n.ntis.~ov/search/current/nyl 3.dvb 3/7/2003 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 Opportunity 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 dressing 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): Basketball & Tennis Court Project: 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: (1) (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. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Basketball & Tennis Court Project: 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 direct 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 vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL 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; (ii) 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. Basketball & Tennis Court Project: M-3 1-12.805.4 Rer)orts and Other Re¢luired 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, participated 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 contracts 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. Basketball & Tennis Court Project: 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 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited 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. 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 determined 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. Basketball & Tennis Court Project: 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. All 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 discriminate 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. Basketball & Tennis Court Project: 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 permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the 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 registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required 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 220oe, 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 Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor bytheState 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; Basketball & Tennis Court Project: 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 six 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. Basketball & Tennis Court Project: M-8 I I I I I I I I I EAST MARION PARK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK CONSTRUCTION SPECIFICATIONS TO FURTHER ENHANCE THE RECREATION OPPORTUNITIES FOR THE TOWN'S RESIDENTS. REMOVE THE EXISTING TENNIS AND BASKETBALL COURTS. THEN REPLACE WITH A NEW TENNIS COURT AND FENCING AND A NEW FULL SIZE BASKETBALL COURT AND HOOPS. Prepared by: Araiys Design, L.A., P.C. Landscape Architects 33 Main Street Southampton, NY 11968 April 17, 2003 I I i I I I I I I I I i ! ! ! I TABLE OF CONTENTS Summary Summary of Multiple Contracts Alternates References Site Clearing Earthwork Hot-Mix Asphalt Paving Chain-Link Fences and Gates Cast-In-Place Concrete (iLimited Applications) Construction Documents Enclosures: DM-1 L-1 D-1 DEMOLITION AND MOBILIZATION PLAN COURT LAYOUT PLAN DETAILS & SPECIFICATIONS Sec. OllO0 Sec. 01125 Sec. 01230 Sec. 01420 Sec. 02230 Sec. 02300 Sec. 0274! Sec. 02821 Sec. 03301 I i I I I i I I I I ! ! ! I ! ! ! i Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 01100 - SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: Project consists of the Town of Southold, One Basketball Court and One Tennis Court. 1. Project Location: East Marion Park, Southold, New York 2. Owner: Town of Southold B. Architect Identification: The Contract Documents, dated, February 7, 2003 were prepared for the project by Araiys Design, L.A., P. C. 33 Main Street Southampton, NY 11968. C. The Work consists of site improvement to East Marion Park, Southold, New York 1. The Work includes One Tennis Court construction and One Basketball Court construction. 1.3 CONTRACT A. Project will be constructed under multiple contracts. B. Multiple contracts are separate contracts, representing significant construction activities, between Owner and separate contractors. See Division 1 Section '~Summary of Multiple Contracts" for a description of work included under each separate contract. 1.4 A. USE OF PREMISES General: Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor's use of premises is limited only by Owner's right to perform work or to retain other contractors on portions of Project. 1.5 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using the 16-division format and CSI/CSC's "MasterFormat" numbering system. SUMMARY 01100 - I ! i I I I I i I I i I ! I i I Araiys Design L.A., P,C. Landscape Architects East Marion Park Southold, New York Section Identification: The Specifications use section numbers and titles to help cross- referencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete. Consult the table of contents at the beginning of the Project Manual to determine numbers and names of sections in the Contract Documents. Specification Content: The Specifications use certain conventions Ibr the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. END OF SECTION 01100 SUMMARY 01100- 2 I I i I I I I I 1 I i I t i i I Araiys Design L.A., P.C. Landscap,e Architects SECTION 01125 - SUMMARY OF MULTIPLE CONTRACTS East Marion Park Southold, New York PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes a summary of each contract, including responsibilities for coordination. B. Specific requirements of each contract are also indicated in individual Specification Sections and on Drawings. C. Related Sections include the following: 1. Division 1 Section "Summary" for the Work covered by the Contract Documents. restrictions on use of the premises, Owner-occupancy requirements, and work restrictions. 1.3 COORDiNATION A. Project Coordinator shall be responsible for coordination between Contract #1 and Contract #2. 1. Town of Southold shall act as Project Coordinator. 1.4 A. GENERAL REQUIREMENTS OF CONTRACTS Extent of Contract: Unless the Agreement contains a more specific description of the Work, names and terminology on Drawings and in Specification Sections determine ~vhich contract includes a specific element of Project. I. Unless other,vise indicated, the Work described in this Section for each contract shall be complete systems and assemblies, including products, components, accessories, and installation required by the Contract Documents. 2. Local custom and trade-union jurisdictional settlements do not control the scope of the Work of each contract. When a potential jurisdictional dispute or similar interruption of work is first identified or threatened, affected contractors shall negotiate a reasonable settlement to avoid or minimize interruption and delays. Substitutions: Each contractor shall cooperate with other contractors involved to coordinate approved substitutions with remainder of the Work. SUMMARY OF MULTIPLE CONTRACTS 01125- 1 ! I i I i i I I I i I I I i I I Araiys Design L.A., P.C. Landscape Architects 1. Project Coordinator shall coordinate substitutions. East Marion Park Southold, New York 1.5 A. CONTRACT #1: Work in Contract #1 includes, but is not limited to, the following: 1. Demolition of existing tennis court surface and fencing and existing basketball court surface and hoops. 2. Excavation of required material for new court surfacing system. 3. Grading of subgrade for new court surfacing system. 4. Installation of tennis court and basketball court surfacing systems. Including: 1. Tennis net and posts. 2. Two basketball pole, hoop, and backboard assemblies. 5. Topsoil, Grading, and Seeding of all adjacent areas surrounding the project within the Limits of Construction. 6. Contract #1 shall include all items necessary for the construction of a complete project excluding only the work specifically indicated in Contract #2. Any and all items deemed reasonable and/or necessary for a complete installation, although not specifically contained in these specifications, shall be incorporated into this contract as if included and thoroughly desmdbed by these Specifications. 1.6 A. CONTRACT #2 Work in Contract #2 includes, but is not limited to, the following: 1. Installation of chain-link fencing for the tennis court. 2. Installation of two gates. END OF SECTION 01125 SUMMARY OF MULTIPLE CONTRACTS 01125- 2 ! ! I 1 I I I I I I i 1 I I I i I I Araiys Design L,A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 01230 - ALTERNATES PART 1 - GENERAL 1. l RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. 7his Section includes administrative and procedural requirements for alternates. 1.3 A. DEFINITIONS Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the Base Bid amount if O~vner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.4 A. PROCEDURES Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates. Execute accepted alternates under the same conditions as other work of the Contract. Schedule: A Schedule of Alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. ALTERNATES 01230- 1 I I ! ! i t I I I I I I ! ! I I I I I Araiys Design L.A., P.C. Landscape Architects 1.5 SCHEDULE OF ALTERNATES A. Alternate No. TBD. END OF SECTION 01230 ALTERNATES East Marion Park Southold, New York 01230 - 2 ! I I I I I I I 1 ! ! I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 01420 - REFERENCES PART l - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 A. B. DEFINITIONS General: Basic Contract definitions are included in the Conditions of the Contract. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. "Directed": A command or instruction by Architect. Other temps including "requested," "authorized," "selected," "approved," "required," and "permitted" have the same meaning as "directed." "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. "Provide": Furnish and install, complete and ready for the intended use. "Installer": Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. Using a term such as "carpentry" does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter." I1 also does not imply that requirements specified apply exclusively to tradespeople of the corresponding generic name. REFERENCES 01420 - I ! ! Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York "Experienced": When used with an entity, "experienced" means having successftdly completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.3 INDUSTRY STANDARDS ! ! Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced, Such standards are made a part of the Contract Documents by reference. Publication Dates: Comp[y with standards in effect as of date of the Contract Documents, unless otherwise indicated. Conflicting Requirements: If compliance with t~vo or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. i I I I I i I I I Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. 'Fo comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. Copies of Standards: Each entity engaged in construction on Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source and make them available on request. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web-site addresses are subject to change and are believed to be accurate and up- to-date as of the date of the Contract Documents. PRIVATE tbl 1 ~dom 1 ADAAG Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities Available from Access Board www.access-board.gov (800) 872-2253 (202) 272-5434 CFR Code of Federal Regulations REFERENCES 01420- 2 I I t ! 1 I I i I I I I ! I ! I I I i Araiys Design L,A., P.C. Landscape Architects Available from Government Pnnting Office www.access.gpo.gov/nara/cfr CRD Handbook for Concrete and Cement Available from Army Corps of Engineers Waterways Experiment Station www.wes.army.mil East Marion Park Southold, New York (888) 293-6498 (202) 512-1530 (60I) 634-2355 1.4 A. ABBREVIATIONS AND ACRONYMS Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale Research's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S." Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web-site addresses are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. PRIVATE tbl2@dom 1 AAN American Association of Nurserymen (See ANLA) ACI American Concrete Institute/AC1 International www.aci-int.org AEIC Association of Edison Illuminating Companies, Inc. (The) www.aeic.org AGC Associated General Contractors of America (The) www.agc.org AI Asphalt Institute www.asphaltinstitute.org AIA American Institute of Architects (The) www.aia.org ALCA Associated Landscape Contractors of America v~vw.alca.org AMCA Air Movement and Control Association International, Inc. v~vw.amca.org ANLA American Nursery & Landscape Association (Formerly: AAN - American Association of Nurserymen) www.anla.org ANSI American National Standards Institute (248) 848-3700 (205) 257-2530 (703) 548-3118 (859) 288-4960 (800) 242-3837 (202) 626-7300 (800) 395-2522 (703) 736-9666 (847) 394-0150 (202) 78%2900 (202) 293-8020 REFERENCES 01420-3 ! I I 1 1 I I I I I I t I I ! I I I / Araiys Design L.A., P.C. Landscape Architects www.ansi.org AOSA Association of Official Seed Analysts www.aosaseed.com ASCE ASME American Society of Civil Engineers www.asce.org ASME International (The American Society of Mechanical Engineers International) www.asme.org ASTM ASTM International (American Society for Testing and Materials International) xvww.astm.org AWS American Welding Society www.aws.org CLFMI Chain Link Fence Manufacturers Institute www.c hainlinkin fo. org CPPA Corrugated Polyethylene Pipe Association www.cppa-info.org CRSI Concrete Reinforcing Steel Institute www.crsi.org CSA CSA International (Formerly: IAS - International Approval Services) v,~vw.csa-international.org CSI Construction Specifications Institute (The) www.csinet.org EIMA EIFS Industry Members Association www.eifsfacts.com EJMA Expansion Joint Manufacturers Association, Inc. www.ejma.org IEEE Institute of Elec~ical and Elec~onics Engineers, Inc.(The) www.ieee.org iESNA Illuminating Engineering Society of North America www.iesna.org LPI Lightning Protection Institute www.lightning.org NCMA National Concrete Masonry Association REFERENCES East Marion Park Southold, New York (505) 522-1437 (800) 548-2723 (703)295-6300 (800) 843-2763 (212) 591-7722 (610) 832-9585 (800)443-9353 (305) 443-9353 (301) 596-2583 (800) 510-2772 (202) 462-9607 (847) 517-1200 (800) 463-6727 (416) 747-4000 (800) 689-2900 (703) 684-0300 (800)294-3462 (770) 968-7945 (914) 332-0040 (212) 419-7900 (212) 248-5000 (800) 488-6864 (847)577-7200 (703) 713-1900 01420-4 I t I I I I i I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects www.ncma.org NECA National Electrical Contractors Association www.necanet.org NEMA National Electrical Manufacturers Association www.nema.org NETA InterNational Electrical Testing Association www.netaworld.org NRMCA National Ready Mixed Concrete Association www.nrmca.org SAE SAE International www.sae.org TPI Turfgrass Producers International www.turfgrasssod.org UL Unde~vriters Laboratories Inc. w~vw.uI.com UNI Uni-Bell PVC Pipe Association www.uni-bell.org END OF SECTION 01420 REFERENCES East Marion Park Southold, New York (301) 657-3 110 (703) 841-3200 (303) 697-8441 (888) 846-7622 (301) 587-1400 (724) 776-4841 (800) 405-8873 (847) 705-9898 (800) 704-4050 (847) 272-8800 (972) 243-3902 01420-5 I I I l I I I l I I I I I i Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02230 - SITE CLEARING PART 1 - GENE1LAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: I. Temporary erosion and sedimentation control measures. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for soil materials, excavating, backfilling, and site grading. 1.3 A. DEFINITIONS 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, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; and free of subsoil and weeds, roots, toxic materials, or other nonsoil materials. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. 1.4 MATERIAL OWNERSHIP A. Except for stripped topsoil or other materials indicated to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site. 1.5 A. SUBMITTALS Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing. Record drawings, identifying and accurately locating capped utilities and other subsurface structural, electrical, and mechanical conditions. SITE CLEARING 02230-1 I I I I I ! I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York 1.6 QUALITY ASSURANCE A. Preinstallation Conference: Conduct conference at Project site to go over requirements. 1.7 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. I. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission Ii'om Owner and authorities having jurisdiction. B. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing. C. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. PART2-PRODUCTS 2.1 A. SOIL MATERIALS Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 2 Section "Earthwork." 1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not available on-site. PART 3 - EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance construction. B. Locate and clearly flag trees and vegetation to remain or to be relocated. C. Protect existing site improvements to remain from damage during construction. I. during Restore damaged improvements to their original condition, as acceptable to Owner. 3.2 TEMPORARY EROSION ,aND SEDIMENTATION 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 properties and walkways. according to requirements of authorities having jurisdiction. SITE CLEARING 02230 - 2 I I I I I I ! I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold. New York Inspect, repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal, 3.3 A. CLEARING AND GRUBBING Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction, 3. Grind stumps and remove roots, obstructions, and debris extending to a depth of 18 inches (450 mm) below exposed subgrade. 4. Use only hand methods for grubbing within tree protection zone. 5. Chip removed tree branches and dispose of off-site. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. Place fill material in horizontal layers not exceeding a loose depth of 6 inches, and compact each layer to a density equal to adjacent original ground. 3.4 A. DISPOSAL Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property. Separate recyclable materials produced during site clearing from other nonrecyclable materials. Store or stockpile without intermixing with other materials and transport them to recycling facilities. END OF SECTION 02230 SITE CLEARING 02230-3 I I I I I I I I I i I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02300 - EARTHWORK PART 1 - GENERAL I. 1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: t. Preparing subgrades for pavements, lawns, and plantings. B. Related Sections include the following: Division 2 Section "Site Clearing" for site stripping, grubbing, removing topsoil, and protecting trees to remain. 1.3 DEFINITIONS A. Backfill: Soil materials used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Base Course: Layer placed between the subbase course and asphalt paving. C. Borrow: Satisfactory soil imported from off-site for use as fill or backfill. D. Excavation: Removal of material encountered above subgrade elevations. I. Additional Excavation: Excavation below subgrade elevations as directed by Architect. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. E. Fill: Soil materials used to raise existing grades. F. Rock: Rock material in beds, ledges, unstratified masses, and conglomerate deposits and boulders of rock material exceeding 1 cu. yd. (0.76 cu. m) for bulk excavation or 3/4 cu. yd. (0.57 cu. m) for footing, trench, and pit excavation that cannot be removed by rock excavating EARTHWORK 02300- 1 I I I I I ! I I ! i I I i I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York equipment equivalent to the following in size and perlbrmance ratings, without systematic drilling, ram hammering ripping, or blasting, when permitted: Rock: Rock material in beds, ledges, unstratified masses, and conglomerate deposits and boulders of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that when tested by an independent geotechnical testing agency, according to ASTMD 1586, exceeds a standard penelration resistance of 100 blows/2 inches (97 blows/50 mm). Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer placed between the subgrade and a concrete pavement or walk. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.4 SUBMITTALS A. Product Data: For the following: 1. Tennis court surfacing system. 2. Basketball court surfacing system. B. Samples: For the following: 1. Tennis court surfacing system. 2. Basketball court surfacing system. 1.5 QUALITY ASSURANCE A. Preexcavation Conference: Conduct conference at Project site to go over requirements. 1.6 A. PROJECT CONDITIONS Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Landscape Architect and then only after arranging to provide temporary utility services according to requirements indicated: Notify Landscape Architect not less than two days in advance of proposed utility interruptions. EARTHWORK 02300- 2 I I I I I I I I I t I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Do not proceed with utility interruptions without Landscape Architect's written permission. Contact utility-locator service for area where Project is located before excavating. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. PART 2 - PRODUCTS 2. I SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations B. 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 (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or a combination of these group symbols. D. Backfill and Fill: Satisfactory soil materials. E. Subbase: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940: with at least 90 percent passing a 1-1/2- inch (38- mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. F. Base: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch (38-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. G. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crashed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (38-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. H. Bedding: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. I. Drainage Fill: Washed, narrowly graded mixture of crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2- inch (38-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve. J. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a l- inch (25-mm) sieve and 0 to 5 percent passing a No. 4 (4.75-mm) sieve. K. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state. EARTHWORK 02300 - 3 I I I I I I I I I I I I I I I I ! I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York PART3 3.1 A. 3.2 A. 3.3 A. 3.4 - EXECUTION PREPARATION Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective insulating materials as necessary. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways EXCAVATION, GENERAL Unclassified Excavation: Excavation to subgrade elevations regardless of the character of surface and subsurface conditions encountered, including rock, soil materials, and obstructions. 1. If excavated materials intended for fill and backf/ll include unsatisfactory soil materials and rock, replace with satisfactory soil materials. Classified Excavation: Excavation to subgrade elevations classified as earth and rock. Rock excavation will be paid for by adjusting the Contract Sum according to unit prices included in the Contract Documents. 1. Earth excavation includes excavating pavements and obstructions visible on surface; underground structures, utilities, and other items indicated to be removed; together with soil, boulders, and other materials not classified as rock or unauthorized excavation. a. Intermittent drilling; blasting, if permitted; ram hammering; or ripping of material not classified as rock excavation is earth excavation. 2. Rock excavation includes removal and disposal of rock. a. Do not excavate rock until it has been classified and cross-sectioned by Architect. EXCAVATION FOR STRUCTURES Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25 mm). Extend excavations a sufficient distance from court areas for placing and installing base material. APPROVAL OF SUBGRADE EARTHWORK 02300 - 4 I I I I I I ! I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold. New York A. Notify Landscape Architect when excavations have reached required subgrade. B. If Landscape Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 1. Contractor shall be responsible for additional excavation and replacement material required to meet minimum specifications in contract documents. C. Proof roi1 subgrade with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated subgrades. D. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Landscape Architect. 3.5 A. STORAGE OF SOIL MATER/ALS Stockpile borrow materials and satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. I. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.6 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 3.7 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 1 vertical to 4 horizontal so fill material will bond with existing material. C. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under asphalt pavements, use satisfactory soil material. 3. Under stone blend base, use engineered filI. 3.8 COMPACTION OF BACKFILLS AND FILLS A. Place backfill and fill materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand-operated tampers. EARTHWORK 02300 - 5 I I I I I II I I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Place backfill and fill materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. Compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 698: 1. Under asphalt pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill material at 95 percent. 2. Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill material at 85 percent. 3.9 A. GRADING General: Uniformly grade areas to a smooth surface, free from irregular surthce changes. Comply with compaction requirements and grade to cross sections, lines, and elevations tndicated. I. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. Site Grading: Slope grades to direct water away from courts and to prevent ponding. Finish subgrades to required elevations within the following tolerances: l. Lawn or Unpaved Areas: Plus or minus 1 inch (25 mm). 2. Pavements: Plus or minus 1/2 inch (13 mm). 3.10 A. SUBBASE AND BASE COURSES Under asphalt pavements, place subbase course on prepared subgrade and as follows: 1. Place base course material over subbase. 2. Compact subbase and base courses at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. 3. Shape subbase and base to required crown elevations and cross-slope grades. 4. When thickness of compacted subbase or base course is 6 inches (l 50 mm) or less, place materials in a single layer. 5. When thickness of compacted subbase or base course exceeds 6 inches (150 mm), place materials in equal layers, with no layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick when compacted. 3.11 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. EARTHWORK 02300 - 6 I I I I I I I I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. Scarify or remove and replace soil material to depth as directed by Landscape Architect; reshape and recompact. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evider~ce of restoration to the greatest extent possible. 3.12 A. DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Transport surplus satisfactory soil to designated storage areas on Owner's property. Stockpile or spread soil as directed by Landscape Architect. 1. Remove waste material, including unsatisfactory sol1, trash, and debris, and legally dispose of it off Owner% property. END OF SECTION 02300 EARTHWORK 02300- 7 I I I I I I ! I I I I I I I I I i I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02741 - HOT-MIX ASPHALT PAVING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Hot-mix asphalt paving. 2. Asphalt surface treatments. 3. Pavement-marking paint. B. Related Sections include the lbllowing: 1. Division 2 Section "Earthwork" for aggregate subbase and base courses and for aggregate pavement shoulders. 1.3 DEFINITIONS A. Hot-Mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. B. DOT: Department of Transportation. 1.4 A. SYSTEM DESCRIPTION Provide hot-mix asphalt paving according to materials, workmanship, and other applicable requirements of standard specifications of state or local DOT. 1. Standard Specification: New York State Department of Transportation (NYSDOT). 2. Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section. 1,5 SUBMITTALS A. Product Data: For each type of product indicated. Include technical data and tested physical and performance properties. B. Job-Mix Designs: See Southold Town Highway Specifications. HOT-MIX ASPHALT PAVING 02741 - 1 I I I I I I I I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects C. Qualification Data: For manufacturer. East Marion Park Southold, New York 1.6 A. QUALITY ASSURANCE Manufacturer Qualifications: A qualified manufacturer. Manufacturer shall be a paving-mix manufacturer registered with and approved by authorities having jurisdiction or the DOT of the state in which Project is located. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated, as documented according to ASTM E 548. Regulatory Requirements: Comply with Standard Specifications of New York State Department of Transportation for asphalt paving work. Preinstallation Conference: Conduct conference at Project site to comply with requirements and review methods and procedures related to hot-mix asphalt paving including, but not limited to, the following: 2. 3. 4. Review proposed sources of paving materials, including capabilities and location of plant that will manufacture hot-mix asphalt. Review condition of subgrade and preparatory work. Review requirements for protecting paving work. including restriction of traffic during installation period and for remainder of construction period. Review and finalize construction schedule and verify ava/lability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver pavement-marking materials to Project site in original packages with seals unbroken and bearing manufacturer's labels containing brand name and type of material, date of manufacture, and directions for storage. B. Store pavement-marking materials in a clean, dry, protected location within temperature range required by manufacturer. Protect stored mater/als from direct sunlight. 1.8 A. PROJECT CONDITIONS Environmental Limitations: Do not apply asphalt mater/als if subgrade is wet or excessively damp or if the following conditions are not met: Prime and Tack Coats: Minimum surface temperature of 60 deg F (15.5 deg C). Asphalt Base Course: Minimum surface temperature of 40 deg F (4 deg C) and rising at time of placement. Asphalt Surface Course: Minimum surface temperature of 60 deg F (15.5 deg C) at time of placement. HOT-MIX ASPHALT PAVING 02741-2 Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 deg F (4 deg C) for oil-based materials, 50 deg F (10 deg C) for water-based materials, and not exceeding 95 deg F (35 deg C). PART2-PRODUCTS 2.1 AGGREGATES A. Bluestone aggregate base or state approved R.C.A. blend. 2.2 ASPHALT MATERIALS A. Asphalt Binder: AASHTO MP 1, New York State Department of Transportation Type 3. B. Asphalt Cement: ASTM D 946 for penetration-graded material. C. Tack Coat: ASTM D 977 or AASHTOM 140, emulsified asphalt or ASTM D 2397 or AASHTO M 208, cationic emulsified asphalt, slow setting, diluted in water, of suitable grade and consistency for application. D. Water: Potable. 2.3 A. B. C. AUXILIARY MATERIALS Herbicide: Commercial chemical for weed control, registered by the EPA. Provide in granular, liquid, or wettable powder fbrm. Joint Sealant: ASTM D 3405 or AASHTO M 301, hot-applied, single-component, polymer- modified bituminous sealant. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT-P-1952, with drying time of less than 45 minutes. 1. Color: White, Blue, or approved color. 2.4 A. MIXES Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixes approved by authorities having jurisdiction and complying with New York State DOT and the following requirements: i. Provide mixes with a history of satisfactory performance in geographical area where Project is located. 2. Binder Course: 1-1/2". 3. Top Course: 1". PART 3 - EXECUTION HOT-MIX ASPHALT PAVING 02741 - 3 Araiys Design, L.A., P.C. Landscape Architects 3.1 A. B. East Marion Park Southold, New York EXAMINATION Verily that subgrade is dry and in suitable condition to support paving and imposed loads. Proof-roi1 subbase using heaw, pneumatic-tired rollers to locate areas that are unstable or that require further compaction. Proceed with paving only after unsatisfactory conditions have been corrected. 3.2 SURFACE PREPARATION A. General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade is ready to receive paving. 1. Sweep loose granular particles from surface of unbound-aggregate base course. Do not dislodge or disturb aggregate embedded in compacted surface of base course. B. Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates and written application instructions. Apply to dry, prepared subgrade or surface of compacted- aggregate base before applying paving materials. C. Tack Coat: Apply uniformly to surfaces of existing pavement at a rate of 0.05 to 0.15 gal./sq. yd. (0.2 to 0.7 L/sq. m). 1. Allow tack coat to cure undisturbed before applying hot-mix asphalt paving. 2. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages and clean affected surfaces. 3.3 A. HOT-MIX ASPHALT PLACING Machine place hot-mix asphalt on prepared surface, spread uniformly, and strike off. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness when compacted. 1. Place hot-mix asphalt base course in number of lifts and thicknesses indicated. 2. Place hot-mix asphalt surface course in single lift. 3. Spread mix at minimum temperature of 250 deg F (121 deg C). 4. Begin applying mix along centerline of crown for crowned sections and on high side of one-way slopes, unless otherwise indicated. 5. Regulate paver machine speed to obtain smooth, continuous surface free of pulls and tears in asphalt-paving mat. Place paving in consecutive strips not less-than 10 feet (3 m) wide unless infilI edge strips of a lesser width are required. After first strip has teen placed and rolled, place succeeding strips and extend rolling to overlap previous strips. Complete a section of asphalt base course before placing asphalt surface course. HOT-MIX ASPHALT PAVING 02741 - 4 I I I ! I I ! I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York 3.4 A. 3.5 A. B. C. D. E. F. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material forming high spots. Fill depressions with hot-mix asphalt to prevent segregation of mix; use suitable hand tools to smooth surface. JOINTS Conslruct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of depressions with same texture and smoothness as other sections of hot-mix asphalt course. 2. 3. 4. Clean contact surfaces and apply tack coat to joints. Offset longitudinal joints, in successive courses, a minimum of 6 inches (150 mm). Offset transverse joints, in successive courses, a minimum of 24 inches (600 mm). Compact joints as soon as hot-mix asphalt will bear roller weight without excessive displacement. Compact asphalt at joints to a density within 2 percent of specified course density. COMPACTION General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers. 1. Complete compaction before mix temperature cools to 185 deg F (85 deg C). Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density: Average Density: 96 percent of reference laboratory density according to AASHTO T 245, but not less than 94 percent nor greater than 100 percent. Average Density: 92 percent of reference maximum theoretical density according to ASTM D 2041, but not less than 90 percent nor greater than 96 percent. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly. Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness. HOT-MIX ASPHALT PAVING 02741-5 I I I I I I ! I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.6 A. INSTALLATION TOLERANCES Thickness: Compact each course to produce the thickness indicated within the following tolerances: Base Course: Plus or minus 1/2 inch (13 mm). Surface Course: Plus 1/4 inch (6 mm) no minus. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as dete~Tnined by using a 10-foot (3-m) straightedge applied transversely or longitudinally to paved areas: 1. Base Course: 1/4 inch (6 mm). 2. Surface Course: 1/8 inch (3 mm). 3. Crowned Surfaces: Test with crowned template centered and at fight angle to crown. Maximum allowable variance from template is 1/4 inch (6 mm). 3.7 SURFACE TREATMENTS A. Decocolor Surfacing Systerns (Phone: (63 l)283-8244)or Equal. 3.8 PAVEMENT MARKING A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with Landscape Architect. B. Allow paving to age for 30 days before starting pavement marking. C. Sweep and clean surface to eliminate loose mater/al and dust. D. Apply paint with mechanical equipment to produce pavement markings, of dimensions indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils (0.4 mm). 3.9 A. FIELD QUALITY CONTROL Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections and to prepare test reports. 1. Testing agency will conduct and interpret tests and state in each report whether tested Work complies with or deviates from specified requirements. HOT-MIX ASPHALT PAVING 02741- 6 I I I I I I ! I I I I I I t I I I I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York All testing and inspecting required shall be at Contractor's expense and will be performed to determine compliance of replaced or additional work with specified requirements. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM D 3549. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for compliance with smoothness tolerances. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not cornply with specified requirements. 3.10 A. DISPOSAL Except for material indicated to be recycled, remove excavated materials from Project site and legally dispose of them in aa EPA-approved landfill. 1. Do not allow excavated materials to accumulate on-site. END OF SECTION 02741 HOT-MIX ASPHALT PAVING 02741-7 I I I I I I ! I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02821 - CHAiN-LINK FENCES AND GATES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Chain-Link Fences: Residential. 2. Gates: Swing. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for site excavation, fill, and backfill where chain-link fences and gates are located. 2. Division 3 Section "Cast-in-Place Concrete (Limited Applications)" for concrete post concrete fill. 1.3 A. PEREORMANCE REQUIILEMENTS Structural Performance: Provide chain-link fences and gates capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: 1. Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine based on mesh size and pattern specified, and on the following minimum design wind pressures and according to CLFMI WLG 2445: a. Top, bottom, and intermediate rail: 1-5/8" O.D. b. Corner and line posts: 3" O.D. c. Gate frame: 1..5/8" O.D. d. Wind Speed: 80 mph (129 km/h). e. Fence Height: 10 feet (3 m). f. Line Post Group: Schedule 40 steel pipe. Determine minimum post s~ze, group, and section according to ASTM F 1043 for framework up to 10 feet high, and post spacing not to exceed 10 feet o.c. CHAIN-LINK FENCES AND GATES 02821- 1 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York Lightning Protection System: Maximum grounding-resistance value of 25 ohms under normal dry conditions. 1.4 SUBMITTALS A. Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for chain-link fences and gates. 1. Fence and gate posts, rails, and fittings. 2. Chain-link fabric, reinforcements, and attachments. 3. Gates and hardware. B. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate materials, dimensions, sizes, and finishes of components. Include plans, gate elevations, sections, details of post anchorage, attachment, bracing, and other required installation and operational clearances. C. Samples for Initial Selection: Manufacturer's color charts or 6-inch (150-mm) lengths of actual units showing the full range of colors available for components with factory-applied color finishes. D. Samples for Verification: For each type of chain-link fence and gate indicated. E. Product Certificates: For each type of chain-link fence, and gate, signed by product manufacturer. F. Qualification Data: For Installer. G. Field quality-control test reports. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed chain-link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Emergency Access Requirements: Comply with requirements of authorities having jurisdiction for automatic gate operators serving as a required means of access. C. Preinstallation Conference: Conduct conference at Project site to comply with requirements. 1.6 A. PROJECT CONDITIONS Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements. CHAIN-LINK FENCES AND GATES 02821 - 2 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York PART 2 - PRODUCTS 2. l MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Chain-Link Fences, Gates, and all components (2 each): a. Provided by local manufacturer or contractor. 2.2 A. CHAIN-LINK FENCE FABRIC General: Height indicated on Drawings. Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below: 1. Steel Wire Fabric: Polymer-coated (black) wire with a diameter of 0.148 inch (3.76 mm). a. Mesh Size: 1-3/4 inches (44 mm). b. Polymer Coating: ASTM D 668, Class 2b over metallic-coated steel wire. I I Color: As selected by Landscape Architect from manufacturer's full range, complying with ASTM F 934. c. Coat selvage ends of fabric that is metallic coated before the weaving process with manufacturer's standard clear protective coating. 2. Selvage: Knuckled at both selvages. 2.3 A. RESIDENTIAL FENCE AND GATE FKAMING Posts and Rails: Round cold-formed, electric-resistance-welded, steel pipe or tubing, with minimum yield strength of 45,000 psi (310 MPa) and with outside dimension, minimum wall thickness, and weight complying with ASTM F 761 or ASTM F 654 for the following fence height and strength and stiffness requirements: 1. Fence Height: As indicated on drawings. 2. Duty Rating: Medium. 3. Tube or Pipe Diameter and Thickness: Per requirements for Medium-Duty Fence. 4. Gate: Comply with ASTM F 654 and the following: a. Type: II, double swing, galvanized steel frame tubing. CHAIN-LINK FENCES AND GATES 02821 - 3 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Hard~vare: Latches permitting operation from both sides of gate, hinges, center stops, and hold backs. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. All galvanized steel. Metallic-Coated Steel: Posts, rails, and frames protected with an external coating of not less than 0.6 oz. of zinc/sq, ft. (183 g of zinc/sq, m), hot-dip galvanizing, and a clear, verifiable polymer film; with an internal protective coating of not less than 0.6 oz. of zinc/sq, ft. (183 g of zinc/sq, m). 2.4 FITTINGS A. General: Comply with ASTM F 626. B. Post and Line Caps: Provide hot-dip galvanized pressed steel caps for each post. Provide weather tight closure cap for each post. C. Rail and Brace Ends: Hot-dip galvanized pressed steel. Attach rails securely to each gate, corner, pull, and end post. D. Rail Fittings: Provide the following: 1. Top Rail Sleeves: Hot-dip galvanized pressed-steel, not less than 6 inches (152 mm) long. 2. Rail Clamps: Hot-dip galvanized pressed-steel. Line and corner boulevard clamps for connecting intermediate and bottom rails in the fence line-to-line posts. E. Tension and Brace Bands: Hot-dip galvanized pressed-steel. F. Tension Bars: Hot-dip galvanized steel, length not less than 2 inches (50 mm) shorter than full height of chain-link fabric. Provide one bar for each gate and end post, and two for each comer and puli post, unless fabric is integrally woven into post. G. Truss Rod Assemblies: Hot-dip galvanized steel rod and turnbuckle or other means of adjustment. H. Tie Wires, Clips, and Fasteners: According to ASTM F 626. 1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, complying with the following: a. Hot-Dip Galvanized Steel: 0.148-inch- (3.76-mm-) diameter wire. I. Finish: 1. Metallic Coating for Pressed Steel: Not less than 1.2 oz./sq, ft. (366 g/sq. m) zinc. 2.5 CAST-IN-PLACE CONCRETE A. Materials: Portland cement complying with ASTM C 150, Type I aggregates complying with ASTM C 33, and potable water. For ready-mixed concrete complying with CHAIN-LINK FENCES AND GATES 02821 - ,1- Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York ASTMC 94/C94M. Measure, batch, and mix Project-site-mixed concrete according to ASTM C 94/C 94M. Concrete Mixes: Normal-weight concrete with not less than 3000-psi (20.7- MPa) compressive strength (28 days), 3-inch (75-mm) slump, and 1-inch (25-mm) maximum size aggregate. Materials: Dry-packaged concrete mix complying with ASTM C 387 for normal-weight concrete mixed with potable water according to manufacturer's written instructions. 2.6 FENCE GROUNDiNG A. Conductors: Bare, solid wire for No. 6 AWG and smaller; stranded wire for No. 4 AWG and larger. 1. Material above Finished Grade: Copper. 2. Material on or below Finished Grade: Copper. 3. Bonding Jumpers: Braided copper tape, I inch (25 mm) wide, woven of No. 30 AWG bare copper wire, terminated with copper ferrules. B. Connectors and Grounding Rods: Comply with UL 467. 1. Connectors for Below-Grade Use: Exothermic welded type. 2. Grounding Rods: Copper-clad steel. a. Size: 5/8 by 96 inches (16 by 2440 mm). PART 3 - EXECUTION 3.1 A. EXAMINATION Examine areas and conditions, with Installer present, for compliance with requirements for a verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work, and other conditions affecting performance. Do not begin installation before final grading is completed, unless otherwise permitted by Landscape Architect. 3.2 A. PREPARATION Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet (152.5 m) or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and properly monuments. CHAIN-LINK FENCES AND GATES 02821 - 5 Araiys Design L.A., P.C. Landscape Architects 3.3 East Marion Park Southold, New York INSTALLATION, GENERAL Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. 1. lnstall fencing on established boundary lines inside properly line. 3.4 A. CHAIN-LINK FENCE iNSTALLATION Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil. B. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. a. Concealed Concrete: Top 2 inches (50 mm) below grade to allow covering with surface material. Terminal Posts: Locate terminal end, comer, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of 15 degrees or more. Line Posts: Space line posts uniformly at 10 feet (3 m) o.c. maximum spacing. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Install braces at end and gate posts and at both sides of comer and pull posts. Locate horizontal braces at midheight of fabric 5 feet or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. Bottom Rails: Install, spanning between posts. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2 inches (50 mm) between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. Tension or Stretcher Bars: Thread through fabric and secure to end, comer, pull, and gate posts with tension bands spaced not more than 15 inches (380 mm) o.c. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other CHAIN-LINK FENCES AND GATES 02821 - 6 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. Maximum Spacing: Tie fabric to line posts at 12 inches (300 mm) o.c. and to braces at 24 inches (610 mm) o.c. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts. L. Tennis Court Fencing: Construct tennis court fence according to ASTM F 969. 3.5 A. GATE INSTALLATION Install gates according to n'tanufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper- resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. 3.6 GROUNDING AND BONDING A. Fence Grounding: Install at maximum intervals of 1500 feet (450 m) except as follows: 1. Fences within I00 Feet (30 m) of Buildings, Structures. Walkways, and Road~vays: Ground at maximum intervals of 750 feet (225 m). a. Gates and Other Fence Openings: Ground fence on each side of opening. 1) Bond metal gates to gate posts. 2) Bond across openings, with and without gates, except openings indicated as intentional fence discontinuities. Use No. 2 AWG wire and bury it at least 18 inches (460 mm) below finished grade. B. Protection at Crossings of Overhead Electrical Power Lines: Ground fence at location of crossing and at a maximum distance of 150 feet (45 m) on each side of crossing. C. Grounding Method: At each grounding location, drive a grounding rod vertically until the top is 6 inches (150 mm) below finished grade. Connect rod to fence with No. 6 AWG conductor. Connect conductor to each fence component at the grounding location. D. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame. E. Connections: Make connections so possibility of galvanic action or electrolysis is minimized. Select connectors, connection hardware, conductors, and connection methods so metals in direct contact will be galvanically compatible. CHAIN-LINK FENCES AND GATES 02821 - 7 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York 3.7 ADJUSTiNG Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding. B. Lubricate hardware and other moving parts. 3.8 DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's personnel to adjust, operate, and maintain gates. END OF SECTION 02821 CHAIN-LINK FENCES AND GATES 02821 - 8 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York SECTION 03301 - CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies cast-in-place concrete, including reinforcement, concrete materials, mix design, placement procedures, and finishes. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for drainage fill under slabs-on-grade. 1.3 SUBMITTALS A. General: In addition to the following, comply with submittal requirements in ACI 301. B. Product Data: For each type of manufactured material and product indicated. C. Design Mixes: For each concrete mix. 1,4 A. QUALITY ASSURANCE Installer Qualifications: An experienced installer who has completed concrete work similar in matcrial, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. Source Limitations: Obtain each type of cement of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. PART2-PRODUCTS 2.1 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Types I or II. CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301 - 1 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 1-1/2-inch (38-mm) nominal size. C. Water: Potable and complying with ASTM C 94. 2.2 A. ADMIXTURES General: Admixtures certified by manufacturer to contain not more than 0.1 percent water- soluble chloride ions by mass of cement and to be compatible ~vith other admixtures. Do not use admixtures containing calcium chloride. B. Air-Entraining Admixture: ASTM C 260. 2.3 CURING MATERIALS A. Moisture-Retaining Cover: sheet. B. Water: Potable. C. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: Type 1, Class A. ASTM C 171, polyethylene film or white burlap-polyethylene ASTMC 1315, 2.4 CONCRETE MIXES A. Comply with ACI 301 requirements for concrete mixtures. B. Prepare design mixes, proportioned according to ACI301, for nonmal-weight concrete determined by either laboratory trial mix or field test data bases, as follows: Compressive Strength (28 Days): 3000 psi (20.7 MPa), for fence footings. Slump: 4 inches (100 mm). Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 6.0 percent within a tolerance of plus 1.0 or minus 1.5 percent. Lightweight Structural Concrete Mix: ASTM C 330, proportioned to produce concrete with a minimum compressive strength of 3000 psi (20.7 MPa) at 28 days and a calculated equilibrium unit weight of 110 lb/cu, ft. (i762 kg/cu, m) plus or minus 3 lb/cu, ft. (48 kg/cu, m), as determined by ASTM C 567. Concrete slump at point of placement shall be the minimum necessary for efficient mixing, placing, and finishing. 2.5 CONCRETE MIXING A. Ready-Mixed Concrete: Comply with ASTM C 94 and ASTM C 1116. CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301 - 2 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York When air temperature is bet~veen 85 and 90 deg F (30 and 32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum-type batch machine mixer. For mixer capacity of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least one and one-half minutes, but not more than five minutes after ingredients are in mixer, before any part of batch is released. For mixer capacity larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15 seconds for each additional 1 cu. yd. (0.76 cu. m). Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, m~x time, quantity, and amount of water added. Record approximate location of final deposit in structure. PART 3 - EXECUTION 3.1 CONCRETE PLACEMENT A. Comply with recommendations in ACI 304R for measuring, mixing, transporting, and placing concrete. B. Do not add water to concrele during delivery, at Project site, or during placement. C. Consolidate concrete with mechanical vibrating equipment. 3.2 TOLERANCES A. Comply with ACIll7, Materials." "Specifications for Tolerances for Concrete Construction and 3.3 A. CONCRETE PROTECTION AND CURING General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection, and follow recommendations in ACI 305R for hot-weather protection during curing. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq, ft. x h (1 kg/sq, m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface. Curing Methods: Cure formed and unformed concrete for at least seven days by moisture curing, moisture-retaining-cover curing, curing compound, or a combination of these as follows: CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301 - 3 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm), and sealed 'by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3.4 A. FIELD QUALITY CONTROL Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. Perform tests according to ACI 301. 3.5 REPAIRS A. Remove and replace concrete that does not comply with requirements in this Section. END OF SECTION 03301 CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301 - 4 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21, 2003 Paul CorazziniJr & Sons 3120 Albertson Ln Greenpo~NY 11944 Dear Mr. Corazzini: Congratulations. The Southold Town Board, at its regular meeting of May 20, 2003, accepted the bid of Paul Corazzini Jr. & Sons for the construction of new tennis and basketball courts at the Orient/East Marion Park for the Town of Southold. A certified copy of the resolution is enclosed. Your bid check will be returned to you upon signing of the contract. Thank you. ljc Enclosure Very truly yours, Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK EEGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21, 2003 Hirani Construction Management 47 Mineola Blvd 2nd F1 Mincola NY 11501 Dear Sirs: The Southold Town Board, at its regular meeting of May 20, 2003, accepted the bid of Paul Corazzini & Sons for the construction of tennis and basketball courts for the Orient/East Marion Park for the Town of Southold. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosures Colonial Surety Company Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American institute of Architects A.I.A. Document No. A-310(Feb.1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we, Hiranl Engineering & Land Surveying, PC Mineola , NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto SOUTHOLD TOWN HALL SOUTHOLD , NY as Obligee, hereinafter called the Obligee, in the sum of 5 % of amount bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONSTRUCT BASKETBALL AND TENNIS COURT NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful pedormance of such Contract and for the prompt payment of labor and matedal furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force Signed and se~3Je~d~ of January 2003. Witness:_ ~-f Hiranl E rveylng, PC RITESH SHAH (Principal) (Seal) Witness: RITESH SHAH (Title) COLONIAL SURETY COMPANY Anthony J. Cimasko (Attorney-in-Fact) ELIZABETH A. NEVHJ,i~, TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21,2003 KJB Industries, Inc 14 Center Dr Riverhead NY 11901 Dear Sirs: The Southold Town Board, at its regular meeting of May 20, 2003, accepted the bid of Paul Corazzini & Sons for the construction of tennis and basketball courts for the Orient/East Marion Park for the Town of Southold. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ~c Enclosures Colonial Surety Company Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, KJB INDUSTRIES INC. Rlvarhsed NY as Principal, and the COLONIAL SURETY COMPANY, a corporation under the laws of the Commonwealth of Pennsylvania, as Surety, are held and firmly bound unto TOWN OF 8OUTHOLD SOUTHOLD NY as Obligee, in the sum of 5 % of amount bid for the payment, whereof In lawful money of the United States, we bind ourselves, our heirs, edmlnlst~"ators, executors or successors, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted the accompanying bid for ORIENT EAST MARION PARK BARKETBALL AND TENNIS COURT CONSTRUCTION NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shell, within such time as may be specified, enter Into the contract in writing, then this obligation shall be void: otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opanlng,/tJ=n~'~ond shall be void and of no force and effect, / (Title) Wltne~ COLONIAL SURETY COMPANY An~Asko (Attorney-In-Fact) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21, 2003 Owen Brothers Landscape Design 2090 Sound Ave Baiting Hollow NY 11933 Dear Sirs: The Southold Town Board, at its regular meeting of May 20, 2003, accepted the bid of Paul Corazzini & Sons for the construction of tennis and basketball courts for the Orient/East Marion Park for the Town of Southold. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitt(ng your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ~C Enclosures BID BOND Conforms with The American Institute of Amhltects, A.I,A. Document No. A-310 KNOW ALL BY THESE PRESENTs, That we, 2090 Sound Avenue, Bai in. tj.~q_Hollow' NY 11933 and the Nova Casualty Com_~Pany of 180 Oak Street, Buffalo_~Ny 14203 the laws of the State of Ne._~_~_w York Owen Brothers Landscal~e Desiqn, Ltd. as Principal, hereinafter called the Principal*, , a corporation duly organized under , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of amoun_~d .................................................................. Dollars ($ 5% of amount bicl ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our he~cutors, administtators, successors and assigns, jointly and severally, fh'mly by these presents. WHEREAS, the Principal has Submitted a bid for Site work, graping excavation fence, lawn & tennis court NOW, THEREFORE, it'the ~-'~ligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such~bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety fOr the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and Void, otherwise to remain in full force and effect. Signed and sealed this ~ 7th day of Witness May Owen Brothers Landscape Design, Ltd. 2090 Sound Avenue, Baiting Hollow, NY 2003 (Seal) Principal Title Witness Nova Casualty Company  Spina, At,:orae~'-in-Fact ~054/GEEF 12/00 FRP ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD MAY 8, 2003 BID OPENING RESULTS ORIENT/EAST MARION PARK 1. Corazzini, Paul Jr. & Sons 3120 Albertson Lane Greenport, NY 11944 631 765-2012 Contract 01 $52,000. Contract #2 no bid 2. Hirani Engineering&Land Surveying,P.C. 47 Mineola Blvd., 2nd Floor Mineola, NY 11501 516 248-1010 $99,450. $23,850. 3. KJB Industries, Inc. 14 Center Drive Riverhead, NY 11901 631 727-5600 $79,797. $7,979. 4. Owen Brothers Landscape Design 2090Sound Avenue Baiting Hollow, NY 11933 631 369-5752 $93~00. $11,900. ~IAY 8 2003 PROPOSAL FORM $outhold Town Cleri Date: ) NAMEof i/'~; Z ~_i ~'1~ ,-y J~. s z-~"/d 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York 11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FORTHE STIPULATED "LUMP SUM" OF: (written i~ words) (written in numbers) Basketball & Tennis court Project: D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TVVO CHAIN LINK FENCE GATES TO PROVIDE 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) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within 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 ihis time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Basketball & Tennis court Project: D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract ~y(')~ v',:~ ' ~'" ~J '~' ' '~J ;and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: / B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signat~urCf Au~°rized Representative of Bidder) Basketball & Tennis court Project: E-1 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 wdting, 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 fails 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. 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. Basketball & Tennis court Project: F-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 otherwise 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore disthct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces 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 prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certh3es 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 certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ~ , ~J, ~'/ ~, of the be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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 O ~ (SEAL OF THE CORPORATION) Laws of New york, 1965 Ch. 751, Sec. 103-d, as amended & effective on September t, 1965. Basketball & Tennis court Project: G-1 8 PROPOSAL FORM Date: oOjo7lo' Telephone: ,..~[6'.Z/~- iol O TO: c, evlhold T ,fl Cl rl BIDDER: 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York 11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & James A. Richter, R.A., Southold Town Engineering Department, Southold Town Halt, 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING 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) Basketball & Tennis court Project: (written in numbers) D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TWO CHAIN LINK FENCE GATES TO PROVIDE 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) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within 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 (his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: ,~/'6" .21f~-~o~'O Date: Basketball & Tennis court Project: D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ;and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ~T !:. ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ~S~gnature of Authorized Representative of Bidder) Basketball & Tennis court Project: E-1 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 '%" 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 fails 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 seeing 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. 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. Basketball & Tennis court Project: F-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 ascedain 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 OwnedContracting 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 ctauses. 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 otherwise 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 OwnedContracting 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis cour~ Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fare distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces 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 pdces with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and 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 certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolvedthat ~ITE,~.t.'( ~t ofthe H~P-~ F_~.,~tF~,~'d"- ~ ~o~.(.~£¥,~C-bP'eF' (Name of signato~) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred~ three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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 O ? Ct, day of [A/~g.,./ ,20 o J3 . (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Basketball & Tennis court Project: G~I ,, RECEIVED UAY 8 2OO3 PROPOSAL FORM ~bmJll~'ld iown I..lefJ, NAME of BIDDER: Telephone: ~ ]~/- ,~,~ 7 ° ~'<"-~" dg'd)' 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York 11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, 'rwo BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING 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 ill word,)~l~)~ ~"~' ~/~/ ~ ~f~' Basketball & Tennis court Project: (written in numbers) D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TWO CHAIN LINK FENCE GATES TO PROVIDE 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~ ~¢-~X,~ (~/ ~1 ~ (written ,ri numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within 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 (his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: ~'/.~//¢ Dated: Signature of Bidder: Bidders Address: /z,.,.// ~--~/,,/Z"f~/(" ~( /,/ '~. Telephone b~ /'7~' 7- ~0~ //rCO/ Number: Date: Basketball & Tennis court Project: D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION b o 5 $ ..7: , C (Bidder) It intends to use the following listed construction trades in the work under the contract ?.V~d'#u~r~;., ~.tr~l ~ , ~Sr__.q~ ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Basketball & Tennis court Project: E-1 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 odgin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. 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 fails 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. 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. Basketball & Tennis court Project: F-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 otherwise 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 OwnedContracting 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or ofticial thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as tree under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been ardved at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the troth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that f~)/"~7'"/~/ClJ~ ~l~/JC-/'~fthe J~'~-//'Jo '~-xo~U~7-/'~/(~'5"~-~ (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 be and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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 '7 day of ~ /~/ ,20 <P --~ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch, 75t, Sec. '103-d, as amended & effective on September t, 1965. Signature Basketball & Tennis court Project: G-1 PROPOSAL FORM 2003 SoutholdTown Clert Town Clerlr 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York 11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, TWO BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FORTHE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) Basketball & Tennis court Project: D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING I'VVO CHAIN LINK FENCE GATES TO PROVIDE 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) 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 {his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature ~ Bidders of Bidder: ~. Address: Telephone Number: ('~i - '~ 4~'c) ~ ~''7~''Z'-' Date: "~-'-- 7-c'..~ Basketball & Tennis court Project: D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract ~v,,~-- ,:::~rr,~-~.- ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: X,,~;~?~,-F~c-,~(r_. ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Sign ized Representative of Bidder) Basketball & Tennis court Project: E-1 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 odgin. 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 odgin. · 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 wdtten 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 fails 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. 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. Basketball & Tennis court Project: F-1 E. 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. F. 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 OwnedContracting 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 otherwise provided by law. G. 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. H. 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 OwnedContracting 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 notifl/the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis coud Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid 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 prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and 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 certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ..-...~~ Ov,~,~,/ ofthe C)~,,'~-kl ~!,~(c.~ L.jL~,~T-~-~.~?~"~j~,L~jL.~( be (Name of ~ignat(xy) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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 "r'7-r ~-~'- dayof F-~/'~ y ,200~_ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-d, as amended & effective on September t, t965. g~lg~t~re Basketball & Tennis court Project: G-1 · HIRANI CONSTRUCTION MANAGEMENT 47 Mineola Blvd 2"d Floor Mineola~ NY 11501 T (516) 248-I010 F (516) 248-9018 www.hiranigroup.com H I R A N I Wednesday, April 30, 2003 Town Of Southold 53095 Main Road Southold, NY 11971 (631)765-1800 Project: Construct Basketball & Tennis Court ~ Orient/East Mrion Park Location: East Marion Park, Suffolk Sir/Madam: Attached please find the money order of $100. Could you please overnight the spec and drawings ASAP. Attached also find and empty envelope and the airborne slip. If you have any questions please call at 516-790-0460. Thanks Ritesh Shah Project Manager 05/09/2003 License Type/Fee Type Bid Specifications & Fees (2003 Basketball & Tenms Court O/em) Bid Specifications & Fees (2003 Basketball & Tenms Court O/em) Bid Specifications & Fees (2003 Basketball & Tennis Court O/em) Bid Specifications & Fees (2003 Basketball & Tennis Court O/em) Bid Specifications & Fees (2003 Basketball & Tennis Court O/em) Bid Specifications & Fees (2003 Basketball & Tennis Court O/em) Bid Specifications & Fees (2003 Basketball & Tennis Court O/em) Issue Date/ Expiration Date 04/23/2003 04/24/2003 04/30/2003 05/01/2003 05/02/2003 05/02/2003 05~05~2003 Town Of Southold General Licensing Report For License Type: Bid Specifications & Fees Date Range: 04/21/2003 to 05/09/2003 License # Licensee 1 Town, Clerk's Office P.o. Box 1179 Southold, NY 11971 Ga~, Landscaping inc. (631) 298-8877 P.o. Box 45 MaEituck, NY 11952 Paul, Corazzini Jr & Sons (631) 765-2012 Albertson Lane Southold, NY 11971 Hirani, Construction 47 Mineola Blvd. 2nd Floor Mineola, NY 11501 #6 Total Notes $o.oo $25.00 Page: $25.00 Corazzini, Asphalt Inc $25,00 (631) 734-5600 Cox Lane Box 1281 Cuchchogue, NY 11935 Kjb, Industries lnc $25.00 (631) 727-5600 14 Center Drive Riverhead, NY 11901 Owen, Brothers Landscape (631) 369-5752 2090 Sound Avenue Baiting Hollow, NY 11933 $25,00 contact person RiteshShah $25.00 Quantity Sub Total: 7 Amount Sub Total: $150.00 Quantity Grand Total: 7 Amount Grand Total: $150.00 Invitation to Bid ORIENT EASTMABION PARK BASKETBALL & TENNIS COURT CONSTRUCTION STATE ROUTE 25 OYSTERPONDS SCHOOL DISTRICT EAST MARION, NEW YORK 11939 Date: April 17, 2003  SOUTHOLD TOWN SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD INVITATION TO BID PROJECT: ORIENT / EAST MARION PARK State Route 2§, East Marion, New York 11939 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball & Tennis court Project in accordance with the Drawings & Specifications prepared by ARAIYS Design and James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 8 th , May 20 03 Day Month Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. 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 right 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: July 30, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Basketball & Tennis court Project: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal 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, for each item 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 notif7 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. 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 contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". 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 and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price for each item of the work as specified on the Proposal Form. Basketball & Tennis court Project: B-1 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. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set fodh by him in his Proposal, but not more than sixty (60) working days. END OF SECTION Basketball & Tennis court Project: B-2 INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form N.Y.S. Afl'~rmative Action Certification Non-Discrimination Clause Statement of Non-Collusion A-lthrough A-1 B-lthrough B-2 C-lthrough C-1 D-lthrough D-2 E-lthrough E-1 F-lthrough F-2 G-lthrough G-1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Payroll Certification forms Prevailing Wage Rates Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H - 2 I - 1 through I - 2 J - 1 (page 1 through 10) M - 1 through M -8 CONSTRUCTION SPECIFICATIONS Summary Summary of Multiple Contracts Alternates References Site Clearing Earthwork Hot-Mix Asphalt Paving Chain-Link Fences and Gates Cast-in-Place Concrete (Limited Applications) Section 01100 Section 01125 Section 01230 Section 01420 Section 02230 Section 02300 Section 02741 Section 02821 Section 03301 CONSTRUCTION DRAWINGS DM-1 I -1 D-1 DEMOLITION AND MOBILIZATION PLAN COURT LAYOUT PLAN DETAILS & SPECIFICATIONS Basketball & Tennis Cour~ Project: C-1 PROPOSALFORM 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: April 17, 2003, including bidding requirements, contract, general & 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 at: ORIENT / EAST MARION PARK, State Route 25, East Marion, New York 11939 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by ARAIYS Design of Southampton & 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: CONTRACT # 1: CONTRACT # 1 SHALL INCLUDE THE DEMOLITION & REMOVAL OF THE EXISTING BASKETBALL COURT, TENNIS COURT AND ALL RELATED DEBRIS. THE CONTRACTOR SHALL INSTALL NEW BASKETBALL & TENNIS COURTS AS INDICATED BY THE PLANS AND SPECIFICATIONS AND SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO TENNIS COURT NETS & POSTS, 'rvvo BASKETBALL POLES WITH HOOPS AND BACKBOARD ASSEMBLIES INCLUDING ALL EXCAVATION, GRADING AND SEEDING 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) Basketball & Tennis court Project: (written in numbers) D-1 CONTRACT # 2: CONTRACT # 2 SHALL INCLUDE THE INSTALLATION OF CHAIN LINK FENCING SURROUNDING THE TENNIS COURT INCLUDING TVVO CHAIN LINK FENCE GATES TO PROVIDE 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) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within 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 ~his time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date; Basketball & Tennis court Project: D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) 1. It intends to use the following listed construction trades in the work under the contract ; and, A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Basketball & Tennis court Project: E-1 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 per[ormances of this contract. If such a labor union or union representative fails 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. 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. Basketball & Tennis court Project: F-1 E. 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. F. 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 effods 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 otherwise provided by law. G. 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, matedal 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. H. 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 OwnedContracting 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 representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Basketball & Tennis court Project: F-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restdcting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor 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, partnemhip, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and 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 certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred- three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or 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, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature Basketball & Tennis court Project: G-1 H E A M E R I C A I N S T I T U T E ARCH ITECTS AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO IIL~ 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 Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyrighl laws of the United States and will be subject to legal prosecutions. AIA DO~U~N~' A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION AIA® · ~)1987 THEAMERICANINSTITUTE OFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 I INDEX Acceptance of Noncordormlng Work ......... 9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Acces.~ to Work ........................... 3.16,6.2.1, 12.1 Accident Prevention ............................. 4.2.3, 10 Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,318,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Additional Inspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ...................... t. IA Aesthetic Effect .............................. 4.2.13,4.5.1 Allowances ........................................ 3.8 AU-risk Insurance ................................. 11.3.1.1 Applle~itonsforPaymant ,. 4.2.5,7.3.7,9.2,9.3,9.4,9.5,1,9,6.3, Approvals .... 2.4, 3.3.3, 3.5, 3,10.2, 3.12,4 through 3.12.8, 3.18.3, Arbitration .................... 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Architect ........................................ 4.1 Architect, Definition o f ............................. 4.1.l Architect, Extent of Authority ........ 2.4,3.12.6,4.2,4.3.2,4.3.6, Architect, Limitations of Authority and Responsibilfiy. 3.3.3,3.12.8, Architect's Additional Services and Expenses ....... 2.4, 9.8.2, Archltsct'$ Adminlatration of the Contract ........ 4.2, 4.3b, 437, 4.4, 9.4, 9.5 Architect's Approvals 2.4,351,3.102,3.12.0,3128,518.3,q27 Architect'sAuthority to Reject Work 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright ............................. 1,3 Architect's Decisions ......... 426,4.2.7,4.2.11.4.2.12,4.2.13, 43.2, 4.3.0, 4 4 [, 4 4 4, 4.5, 6.3, 7.36, 738,81.3,8.3l, Architect's Instructions, . 4.2.6,4.2.7.4.2.8,4.3.7,7.4.1, 12.1, 13,5,2 Architect's Iht erpret ations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Sit e Observations ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's Project Representative ................... 4.2.10 Architect's Rela0onship with Contractor ....... 1.1.2,3.2.1,3.2.2, Architect's Relationship wit h Subcont tact ors .... 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, Asbestos ....................................... 10. l Attorneys' Fees .................... 3.18.1,9.10.2, 10,1,4 Award of Separate Contraos ........................... 6.1.1 Award of Subcontracts end Other Contracts for Poritons of the Work .............................. 5.2 Basic Definitions ................................... 1.1 Bidding Requirements ................ ].I.I, 1.1.7, 5.2.1~ 1].4.1 Boilec and Mechinery Insurance .................... 11.3.2 Bonds, Lien .............................. 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4,9,10.3, 11.3.9, 11.4 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certiflcate o f Substantial Completion .................... 9.8.2 Ceritflc~tas for Dayment ....... 4.2.5,4.2.9,9.3,3,9.4,9.5,9.6.1, Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5,4 CettiBcates o f Insurance .................. 9.3.2,9.10.2, 11.1.3 Change Orders, Definition of .......................... 7.2.1 Changes ........................................... 7.1 CHANGES IN THE WORK .... 3.11,4.2.8,'/,8.3.1,9.3.1.1, 10.1.3 Claim, Deflnliton of ................................. 4.3.1 Claims end Disputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, Olalma ~nd ?lmely Asseriton of Olalrns ................ 4.$.6 Olalms for Additional Co~1 ........ 4.3.6,4.8.7,4.3.9,6.1.1, 10.3 Claims tot Additional ?lrne ............ 4.3.6,4.3.3,4.3.9,8.3.2 Claims for Co~tcasled or Unknown Conditlorm ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.i .2, 10.1.4 Claims Subject to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 Claanlng Up ................................... 3.15;,6.3 Commencernent of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ...... 2.1.2, Commencement of the Work, Definition of ............. 8.1,2 Communications Facilitating Contract Administration ....................... 3.91,4.2.4,5.2.1 Completion, Conditions Relating to 3.11,315, 4.2.2, 4.2.9, COMPLETION, PAYMENTS AND 9 Completion, Substantial ........ 42.9, 4.3.5.2, 8.1.1,8.1.3, 8,2.3, 9.8,991, 1222, 137 Concealed or Unknown Conditions ............... 4.3.6 ConditionsoflheContract IA.I, 1.17,611 Consent, Written ................. 1.3A, 3.12.8, 3.14.2, 4.1.2, 43.4,4.55,932,982,9.9.1,9.I02,9.103,101.2, 10.13, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ............................. 1.1.4,6 Construcfion Change Directive, Definifion of .............. 7.3.1 Con~tmction ChanGe Direcitvas .... l.l.l, 4.2.8, 7.1,'/.3, 9.3.1.1 Const ruction Schedules, Contractor's ............. 3.10, 6.1.3 Contingent Assignment of Subcontracts ............... 5.4 Conitnuiog Contract Performance ................... 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7,5.4.1.1,14 Contract Administration .................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7,1, Contract Documents, The ...................... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of · · · 1.3,2.2.5,5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Per formance During Arbit ration ............ 4.3,4,4.5.3 Contract hum ................... 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Centracl hum, Definition o f ............................ 9.1 Cont r act Time, Defi;lltJon o f ..................... 8.1.1 2 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N-W., WASHINGTON, D'C' 2OOO6 WARNING: Unlicensed photocopying violates U.S. copyright laws an~ is subject to legal prosec~fion. CONTRACTOR ....................................... 3 Contractor, Deffinltion o f ........... , .............. 3.1,6.1.2 Contractor's Construction Schedule~ ............. a.10, 6.1.3 Contractor's Employees ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, Cootracf~r's Lisblllty In~u mnce ....................... 11.1 Contractor's Relationship 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 ReIationship with the Architect .... 1.1.2,3,2.1,3,2.2, Contractor's Representations.. 1.2,2,3.5.1,3,12,7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right t o Terminate the Contract .............. 14.1 Contractor's Superintendent .................... 3,9, 10.2.6 Contractor's Supervision and Constru.ction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8,2.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1. 1.7, 11.2.1 Coordination and Correlation ............. 1.2,2, 1.2,4, 3.3.1, Copies Furnished of Drawings and Specifications . 1.3, 2.2.5, 3.11 Correction of Work 2.3, 2.4, 4.2.1,98.2, Or) l, ]212, 122, 1371=, Cost, DefiniOon of ....................... 73.6, 14.3.5 Costs .. 2.4, 3.21,3,7.4, 3.8.2, 3,15.2, 4.3.6, 4.37, 43.8.1.5.23, Cutting and Patching ......................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.142, Damages, Claims for 3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay .................... 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, Defirlition o f .............. 8.I.3 Day, Definition of .................................. 8.1.4 Decisions o f the Architect ...... 4.2.6,4,2,7,4.2.11,4.2.12,4.2.13, Decisions to Withhold Oertlflcaflon .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3,2.4,3.5.1,4.2.1, Defective Work, Definition of ......................... 3.5.1 Deisys and Extensions o1 Time .......... 4.3. l, 4.3.8.1,4.3.8.2, 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, Definition of .............................. 1.1.5 Drawings and Specificailons, Use and Ownership of ..... 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 Emergencies ................................. 4.3.7,10.3 Employees, Contractor's .......... 3.3.2, 3.4,2, 3.8.1,3,9, 3.18.1, Equipment, Labor, Materials and .......... 1.1.3,1,1.6,3.4,3,5.1, 3.8.2, 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, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... 1 .I,3, 1.2.3, 3,2, 3.4.1, 3.5.1, 4.2.2, 4~2.3, 4.3.4, 4.3.8, 6.2,2, 7.1.3, 7,3.9, 8.2, 8,3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2,3.7.1 Extensions of Tithe ............. 4,3,1,4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5,1,3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ....... 4.2.1,4.2.9,4.3.2, 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire arid Extended Coverage Insurance ................. 11.3 GENERAL PROVISIONS .............................. 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ......................... 10.1, 10.2.4 Identification of Contract Documents .............. l ~2.1 lden0fication of Subcontractors and Suppliers ............ 5.2.1 Informetlon and Services Required of the Owner ..... 2.1.2,2.2, 4.3.4, 613, 6.1.4, 6.2.6, 9.3.2, 9.61, 9.6.4, 9.8.3, 9.9.2, 9.103, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Inju~ or Damage to Person or Proflerty 4.3.9 Inspections ..... 3.3.3, 3 3 4.3 7.1,4.2.2, Inslructions to Bidders 1.1.1 Instructions to the Contractor 381,428, 5.21,7, 121, 13.5.2 Insurance, Boiisr and Mechlnery ............ 11.3.2 Insurance, Contractor's Liability ............. 11,1 Insurance, Effective Date of 8.22, 11.1 2 Insurance, Loss of Use ..................... 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property ............... 10.2.5.11.3 Insurance, Stored Materials ................... 9.3.2, 11.3.1.4 INSURANCE AND BONDS .......................... 11 Insurance Companies, Consent to Partial Occupancy .. 9.9. l, I 1.3.11 Insurance Companies, Settlement with ............ l 1.3.10 Intent of the Contract Documents .......... 1.2.3,3.124, 4.2.6, 4.27. 4.2,12, 4.2.13, 7.4 Intereat ........................................... 13.6 Interpretations, Written ................ 4.2,11,4.2.12,4.3.7 Joinder and Consolidation of Claims Required ............ 4.5.6 Judgment on Final Award ................ 4.5,1,4.5.4,1,4.5.? Labor and Materials, Equiprnent .... 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, Labor Disputes ............................... 8.31 Laws and Regulations ...... 1.3,36,3.7,3.13,4.1,1,4.5.5,4.5.7, 9.9.1, 10.2,2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Limitation on ConsolidaUon or Jolnder .............. 4.5.5 Limitations, Statutes of ................ 4.5.4.2, 12.2,6, 13.7 Limitations of Authority .................. 3.3.1,4.1.2,4.2.1, AIA DOCUMENT A201 · GENERAL CONDITIONS O1~ THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.,WASHINGTON, D.C 20006 A201-1987 3 WARNING: Ur~license~ photocopying violates U.S. copyright laws and Is subject to legal prosecution. Limit ations o f Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, Limitations o f Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, Loss of Use Ineumnce ............................ 11.3.3 Materials, Hazardous .......................... 10.1, 10.2.4 Means, Methods, Techniques, Sequences and Procedures o f Const ruc fion ........ 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changes |n the Woi~ ......... 1.1.1, 4.2.8, 4.3.7, 7A, 7.4 MISCELLANEOUS PROVISIONS ..................... 13 Modifications to the Cent ract ........... IA.i, 1.1.2,3.7.3,3.11, Mutual Responsibility ........................... 6.2 Noneonfoemlng Wo¢~, Acceptsnce of ................ 12.3 Nonconforming Work, Reiection and Correction of .... 2.31, Notice, Written ....... 2.3,24,3.9,3.12.8,3129,43, Nofice of Testing and Inspec0ons ........ 13.5.1,13.5.2 Notice to Proceed 82.2 Notlcss, Permits, Fees snd .... 2.2.3, 3.7, 3.13, 73.6.4, 10.22 Observations, Architect's On-Site ................. 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2.2, 3,2.2 Occupancy ................... 9.6.6,9.8.1,9.9, 11.3Al On Site Inspections by the Architect ........ 42.2,4.2.9,4.3.6, On Site Observations by the Architect ........ 4~22, 4.2.5, 4.3.6, Orders, Written .......... 2.3,3.9,4.3.7,7,8.2.2, 11.3.9, 12.1, OWNER .......................................... 2 Owner, Definition of ................................ 2.1 Owner, Infon'nation and Services Required of the ........ 2.1.2, Owner's Finandal Capability ................... 2.2.1, 14.1.1.5 Owner's Liability Insurance ......................... 11.2 Owner's LOSS of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors .............. 1.1.2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's Right to Clean Up ......................... 6.3 Owner's Right 1o Perform Consm~ction and to Award Separsts Contracts ......................... 6.1 Owner's Right to Stop the Work .................. 2.3,4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership snd Use of Architect's Drawings, Specifications and Other Documents ................ l .l.l, 1.3, 2.2.5, 5.3 Psrflal Occupancy or Une ................. 9.6.6, 9.9, 11.3.11 Patching, Culflng snd .......................... 3.14,6.2.6 Patents, Royalties and .............................. 3.17 Payment, App#cndons for ................ 4.2.5,9.2,9.3,9.4, Payment, Oertiflcates for ........... 4.2.5,4.2.9,9.3.3,9.4,9.5, Payment, Failure of ....................... 4.3.7, 9.5.1.3, Payment Bond, Performance Bond and .............. 7.3.6.4, Payments, Progress .......................... 4.3~4, 9.3, 9.6, PAYMENTS AND COMPLETION ............. 9, 14 Payments to Subcontractors ................... 5.4.2, 9.5.1.3, PCB ........................................... 10.1 Performance Bond and Payment Bond ............... 73.6.4, Permits, Fees afld Notices ....... 2.2.3,3.7, 3.13, 7.3.6~4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ...... 10 Poiychlorinated Bipheny] 10. l Product Data, Definition ~f 3 122 Product DSts and Samples, Shop Drawings 5 11,3.12, 4.Z 7 Progress and Completion 42.2, 4 3.4, 8.2 Progre~ Payments 43.4, 9.3, 9.6, 9.83, 9.10.3, 136, 14.2.3 Project, Definition of the ...................... 1.1,4 Prcjecl Manuel, Definition of t he 1.1.7 Project Manuals 225 Project Represent atives 4210 Properfy Insursnce 102.fi,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Rejection of Work ....................... 3.5.1,4.2.6, 12.2 Releases of Waivers and Liens ............... 0.10.2 Representations ................... I 2.2,3 5 1,3 12.7, Representatives ......................... 2.1.1,3.1.1,3.9, Resolution of Claims and Disputes ................. 4.4, 4. S Responsibility for Those Performing the Work ....... 3.3.2, Retainage ............... 9.3.1,9.6.2, 9.8.3, 9.9 1,9.10.2, 9.10.3 Review of Contract Documents and Field Conditione by Contractor ........... 1.2.2,3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Review of Shop Drawings, Product Data and Sanlples by Contractor ........................ 3.12.5 Rights and Remedies ........... 1.1.2, 2.3, 2.4, 3.5.1,3.15.2, Royahies and Patents ..................... 3.17 4 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · O 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Rules and Nottces for Arbitration .................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions snd Programs .......... 4.2.3,4.2.7,10.1 Sarap]¢s, D¢finidon of .............................. 3.t2.3 Samples, Shop Drawings, Product Data and ... 3.11,3.12, 4.2.7 Samples at the Slta, Documents and ................... 3.11 Schedule of ValUes ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Comracts and Comractors .......... l.l.4, 3.14.2, 4.2.4, ShopDrawings, D¢finitionof ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11,3.12, 4.2.7 Site, Useof ............................. 3.13, 6.1.1,6.2.1 Site Inspections . . 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 98.2, 9.10.1, 13.5 Sit e Visits, Architect's ................. 4.2.2,42.5,4.2.9,4.3.6, Special Inspections and Testing ............. 4.2.6, 12.2.1, 13.5 Speclfieatioes, Definition of the ....................... 1,1.5 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stoppingthe Work ........... 2.3,4.3.7,9.7, 10.1.2, 103, 14.1 Stored Materials ........ 6.21,9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition of .................... 5.1.1 SUBCONTRACTORS ..................... 5 Subcont rectors, Work by ................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractua] ReMtion$ .......... 5.3, 5.4,9.3.1.2,9.6.2, Subrogation, Waivers of 6 I 1, 1135, 11.3.7 Substantial Completion, Definition of .......... 9.81 Substitulion of Subcontractors 523, 524 Substitution of the Architect ..................... q. 1.3 Substitutions of Materials .................... 3.5.1 Sub-subcontraclor, Definition of 5.1.2 Subsur face Conditions ~.3.6 Suceeaaora ~nd A~i0ne ....................... 13.2 Superintendent 3.9, 1026 Supervision and Construction Procedures ...... I 2.4,3.3,34, Surety ........... 4.4A, 4.4.4, 5.4.1.2,910.2, 9.10.3, 14.2.2 Surety, Consent of ................... 99.1,9.10.2,9.10.3 Surveys .......................... 2.22,3.18.3 Suopen~lon by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 'rexes ..................................... 3.5, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Caese ............. 5.4.1.1,14.2 Termination of the Architect ......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ..... 14 Testa and Imsl~cBons ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5 TIME .............................................. 5 TIlls, Delays snd ~ttansloes of .............. 4.3.8,7.2.1,0.3 Time Limits on Claims ......... 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 WOFIK ............. 12 Uncovering of WO~ .............................. 12.1 Unforeseen Conditions ................... 4.3.6, 8.3.1, 10.1 Unit Prices ............................... 7.1.4,7.3.3.2 Values, $chedul~ of ..................... 9.2,9.3.l Waiver of Claims: Final Payment 4.3.5,4.5.1,9.10.5 Waiver of Claims by the Architect .................... 13.4.2 Waiver of Claims by the Contractor ........ 9.104, 11.3.7, 13.4.2 Waiver of Claims by the Owner ........ 4.35, o,.5.1,9.93, Waiver of Liens 9102 WaiversofSubrogation 611,11.3.%113.7 When A~bitration May Be Demanded ......... 4.5.4 Written Notice 2.3, 2.a, 3 9, 3.12 8, 3 12.9, 4 3, 4 4.4, 4.5, 52.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10. l.2, AIA DOCUMENT A201 · GENERAl. CONDITIONS OF TttE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AiA® · ©1987 THE AMER1CAN INSTITUTE OFARCtllTECTS, 1735NEWYORKAVENUE, N.W, WASHINGTON. D.C. 2OOIX~ WARNING: Unlicensed photocopying violates U.S. copy~ght la~s and Is subject to legal pn~ecution. A201~1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 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 Agreement and Modifications issued a~er execution of the Contract. A Modifi- 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 invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1,1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect 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 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfdl the Contractor's obligations. The Work may constitute the whole or a part of the Project, 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con~ tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- uk!s and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- merit, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 ~I.{E PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Docaments 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 Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract 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 require- ments of the Contract Documents. 1.2.$ 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- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferabIe from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technicaJ or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings, 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPEC1FICATIOHS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments 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 nor 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 otherwise 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 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~)1987 THE AMERICANINSTITUTEOFARCHITECTS. 1735NEW YORK AVENUE, N.W, WASHINGTON. DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other puzposes 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 titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses 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- quently omit modifying words such as "all" and "any" and arti- 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 singular in number. The term "Owner" means the Owner or tbe Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall 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 shalI include a correct statement of the record legal title 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 thereafter, 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 evidence were furnished on request prior to the execution 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, told a legal description of the site. 2.2.3 Except for pem~its and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent stroctures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work, 2.2.$ Unless otherwise provided in the Contract Documents, 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 OWHER'S RIGHT TO STOP THE WORK 2.3.1 If the 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 carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically 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 the Contractor defaults 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 the Owner to commence and continue correction of such default or neglect with difigencc and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to corn mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to tile Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AIA DO~UMEN~ .o,20,1 · GENERAL CONDITIONS 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: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully 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 report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for danaage 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 construction activity knowing 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. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements 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. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over const[uc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work tinder the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, a~ad other persons performing portions of the Work under a contract with the Contractor 3.3.3 The Contractor shah not be relieved of obligations to per- form the Work in accordance with the Contract Documems either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspectk)ns or approvals required or performed by persons other than the Contractor. a.a.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such l)ortions are in proper condition to receive sub sequent Work 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in thc Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and compIetion 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 strict discipline and good order among the Contractor's employees and other persons carrying ()ut the Comract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 8 A201-1987 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract wiJI 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 authorized, may be considered defective. The Contractor's warranty excludes 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 NOTICES 3.7.1 Unless 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 concluded, 3.7.2 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 Contractor's responsibility lc) ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regula tions, However, if the Contractor observes that portions of the Contract Documents are at variance tb~rewith, 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 assume 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. Items covered by allowances shall be suppIied 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 reasonable objection. 3.3.2 Unless otherwise provided in the Contract Documems: .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; AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FC~URTEENTH EDITION AIA® · ©1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENtIE, N.W.. WASH[NGTON. DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ,3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance an~ounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or [ess 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. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a compelent superinten- dent and necessary assistants who shall be in attendance at the Project 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 case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3,10.1 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 related to the entire Project to the extent required by the Con tract Documents, and shall provide (or expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare lind keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect re~sonable time to review submittals. 3,10.3 The Contractor shall confurm to the most recent schedules 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change 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 required 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. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 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 illnstrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other infi>rmatinn furnished by the Contractor to illustrate materials or equipment for some portion of thc Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, San~ples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittaI 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 Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve mad submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract DoCUments with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 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 submittals. 3.12.7 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 submittals with the requirements of the Work and of the Contract Documents, 3.12.3 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect bas given written approval to the specific deviation. The Contracn)r shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi tect's approval thereof, 3.12.9 The Contractor shall direct specific attention, in writing or on r(.submitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architecl on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be st) identified in the Contract Documents. 3.1P.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of sucb calculations and certifi- cations 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 fi)r cutting, fitting or patching required to complete the Work or to make its parts 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 excavatinn. The Contrac- tor shall not cut or otherwise alter such construction by the WARNING: Unlicensed photocopying violates Ll. ~;. copyright laws arid is subjeCt to lc§al prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Wofk. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials, 3.15;.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor, 3.16 ACCESS 'fO 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 royalties a~d license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect hamlless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required 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 promptIy farnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent peru~ined by law, the Contractor sha~l indemnify and hold harmless the Owner, Architect, Archi- tect'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' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itsel0 including loss of use resulting therefronl, 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, dmnage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be consnued to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph 3.18. 3.18.2 In dainls against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone dimcdy or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not 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 workmen'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 teet's consultants, 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 Azchitect's consultants, and agents and employees of any of them provided such giving or failure 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 if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 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 against whom the Con- tractor makes no reasonable objection and whose status 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 sha~ be subject to arbitration, 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Azchitect will provide adnlinistration of tile Contract a~ described in the Contract Documents, and will be the Owner's representative (1) during construction, [2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2, 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 at 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 ff 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 required 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 against defects and deficiencies in the Work, 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, method~, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are soIely 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 iH accordance with the Contract Documents. Tile Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIA OO00MENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 173SNEWYORKAVENUE, NW. WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Admirdstra- than. Except as otherwise provided in the Contract Documents or when direct communications have been specially antho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shMl be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 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. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- 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 or 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 responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 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 purpose of checking for conformance, with information given and the design concept expressed in tile Contract Docu- ments. The Architect's action will be taken with such reason- able promptness ms to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instvactions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tats 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. 4.2.8 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. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of lmm completion, will receive and forward to the Owner for the Owner's review 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 Architecl will pro- vide {)ne or more project representatives to assist in carrying 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 exhibit to be incorpo- 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 prompmess 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 bar- nish such interpretations until 15 days after 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 Contractor, will not show partiahty to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS 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 morley, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also 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 4.3.2 Decision of Architect. 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 litigation of a Claim between the Contractor and Owner as to ail such matters arising prior to the date final payment is due, regardless of (1) 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 failed to render a decision within agreed time limits, (3) the Architect has failed to rake 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 mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional CIaim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. A[A DOCUMENT A201 · GENERAL CONDITIONS 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: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Pm/ormance. Pending final reso- lution 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 Claims: Final Payment. The making of t'mai 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 .3 temps of special warranties required by the Contract 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are ti) subsurface or otherwise concealed physical conditions which differ mated- ally from those indicated in the Contract Documents or (2) unimown 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, if they differ materially 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 adipsUnent in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different 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 determination must be made within 21 days after the Architect has given notice of the decision If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Comract Time, the adjustment shall be referred to the Architect for initial deter- ruination, subject to further proceedings pursuant to Paragraph 4.3.7 Claims 1or Additional Cost. If the Contractor wishes to emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other procedure established herein, 4.3.8 Claims for Additional Time and of probable effect of delay on progress of the Work. In the 12 A201-1987 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. 4.3.9 Injut7 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 first 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 CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response1 take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 if a Claim has not been resolved atter consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitratinn. Upon expiration of such time period, the Architect will render to the parties the Architect's wrinen decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If 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. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. troy 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 having 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 rendered 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 been rendered WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner mad 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- rently in effect, unless the parties 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 During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to 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 five events described in Subparagraph 4.3.2, 4.5.4.1 When a written decision of the Architect states that (l) the decision 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 party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings 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 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 45.1 and ,i.5.~} and Clause 454: as applicable, and in other cases within a reasonable time after the Claim bas 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 detern~ined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Jolnder. No arbitration arising out o£ or rdating 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 sought to be joined. No arbitration shall include, by consolidation or ioinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law 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 person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having iurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be dema~tded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgrnent on Final Award. The award rendered by the arbitrator or arbitrators shall be t'mal, 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 means 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 if singular in number and means a Sub subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 ilnless otherwise stated in the Contract Documents or the bidding requirements, the Comractor, as soon as prac- ticable after award of the ContraCh shall furnish in writing to the Owner through the Architect the names of persons or enti ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con tractor in writing stating whether or m~t the Owner or the Architect, after due investigation, has reasonable objection to any soch proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If ihe Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased 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 shall be allowed fur such change unless the Contractor has acted promptly and responsively in submitting names ms 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. AIA DOOUMENT A2.01 , GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTI~ENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ^RCHITECTS, 1735 NEW YORK AVENUE, N '~7, WASHINGTON. O U 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws an~ is subject to legal prosecution. A201-1987 13 5.3 SUBCOHTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent 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 Architect. 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 rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of 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 agreements 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 their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCOIWTRACTS 5.4.1 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 .2 asstgnment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 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 RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions 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 claims that delay or additional cost is involved because 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 Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules 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 related 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, including, 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- stmction and operations with theirs as required by the Contract 5.2.2 If part of the Contractor's Work depends for proper execution or results upon constmction 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 construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by inlproberly timed activities or defective constmction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy danlage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided 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 Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN 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- ing area free 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 zo be just. 14 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE. N.W.,WASHINGTON. D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, ARTICLE 7 CHANGES IN THE WORK 7,1 CHAHGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations 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 Chartge 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 DOcuments or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Ch:rage 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, 7.2 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 Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, 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 terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment 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 sufficient 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 Axchitect 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 signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment 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. UnIess 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, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinetT 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 .Ii additional costs of supervision 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 credit 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- firmed 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 figured 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 method shall be referred to the Architect for determination. 7.3.{} 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- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOg2UMENT A20I · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ~)I987THEAMERlCANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, D.C.20OO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR 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 with 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 such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Trine is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8,2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing ,the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely corn mence operations on the site t)r elsewhere prior to the effective date of insurance required by ArticLe 1 1 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 writing not less than five days tlr other agreed period before commencing the Work to permit the timely filing of mortgages, 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within 8.3 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, nr by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, 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 Architect determines may justify delay, then the Contract Time shall be extended hy Change Order for such reasonable time as thc Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages fur delay by either party under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ lng authorized adiustments, 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 of 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 objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, 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 Subcontractors and material suppliers, and reflecting retalnage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized fly Construction Change Directives but not yet included in Change Orders. 8.3.1.2 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. If 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 condinoned upon compliance 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 fi)r 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 nc) later than the fime 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, informatinn 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 Wnrk. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, witbin seven days al'~er receipt of the Contractor's Application fi)r Payment, either issue m thc 16 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTI~ENTH EDITION AIA® · © 1987 THE AMERICAN ]NSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASNINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 representation 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 hat 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 wilI further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will DOt 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, sequences 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. 9.6 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessazy to protect the Owner, if in the by Subparagraph 94.2 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 amoum for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of may nullify the whole or a part of a Certificate for Payment .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat lng probable filing of such claims; .3 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; .6 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 ft)r the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld, 9.6 pROGRESS PAYMENTS 9.6.1 After 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. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor 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. 9.6.3 The Architect will, on request, furnish 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. 9.6.4 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. 9.6.5 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. 9.6.6 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. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after 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- tified 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 of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7~ 9.6 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended USC. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. [ipon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * I:OURTEENTH EDITION AIA® · kD 1987 THE AMERICJAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D C 20006 WARNING: Unlicensed photocopying vlolatos U,S. copyright laws and is subject to legal prosecution. A201-1987 17 nated portion thereof is substantially complete. If the Architect'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 shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request 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- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, dm'nage to the Work and insurance, and shall fix the time within which the Contractor shall ftnish 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 designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.0.8 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph I 1.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial 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 if 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 required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use 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, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to 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 agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10,1 Upon receipt of written notice that the Work is ready for final inspection and acceptance anri 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, information 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 entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment 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 Contract DOCuments to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a wdtten 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 furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor sha~ refund to the Owner all mone3, that the Owner may be compelled 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 materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect 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 retainage 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 certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall 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 material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled 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 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ~)1987 THEAMERICANINSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE, N.W..WASHINGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S, copyright laws and is su VJeCt to legal persecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10~1 SAFETY PRECAUTIONS AND PROGRAMS 10,1.1 The Contractor shall be responsible for initiating, main- taming and supervising all safety precautions and programs in connection with the performance of the Contract, 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall in)mediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- hated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in 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 the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injur~, sickness, disease or death, or to injury to or destruction of tangible property {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 Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party 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 person described in this Subparagraph I0.1.4. 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, injury 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 in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, strocmres and utilities not designated for removal, relo- cation or replacement in the course of constructk)n. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations 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 carry 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 under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in 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 negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 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 in 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 EMERGENCIES 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 determined as pre, videO in Paragraph 4.5 and Article 7~ ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from 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 directly or indirectly employed by any of them, or by anyone for whose acts any of them ma)' be liable: .1 claims under workers' or workmen's compensation, disability benefit and other sinlflar empk)yee benefit acts wl~ich are applicable to the Work to be performed; AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · @]987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W,WASHINGTON, D.C. 20OO6 A201-1987 19 WARNING: Unlicensed photocopying violates U,S. copyright laws and Is subject to legal prosecution. .2 claims for damages because of bodily iniury, occupa~ tional sickness or disease, or death of the Contractor's employees; .3 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 tbe Work itself, because of injury to or destruction of tangible prop- erty, including 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 Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- iract 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 commencement of the Work until date of final payment and termination of any coverage required to be main rained after final paymem. 11.1.3 Certificates of Insurance acceptable to th,_' Owner shall be Fried with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 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 ~o the Owner If any of the foregoing insurance coverages are required to remain in force after final payment and are reason ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 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 insnrance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully 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- untary deductibles. Such property insurance shall be main- rained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final Dayment has been made as provided in Paragraph 9.10 or until nc) person or entity 20 A201-1987 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.~.~ Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalksm, 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 resuIt of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.8.~.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages 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 Contractor, 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 falfure 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.$.1.3 If the property insurance requires minimum deducti bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this 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 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 thc Work 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically 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- shall be named insureds. 1'1.3.3 LOSS of Use insurance. The Owner, at the Owner's insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner of the Owner's property, including consequential losses due to 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Comractor by appropriate Change Order. AIA DOCOMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION AIA® · ©IgRTTHEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE. NW.,WASHINGTON, D.C 2(W~)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period 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 crty 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 fire or other perils covered by this separate property insurance. All separate policies stufll provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, 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, delinl- 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 Waivers 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 contractors described in Article 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 tots, sub-subeontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum 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 insurac~ce premium directly or indirectly, and wbether 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 clause 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 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured Ioss, 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 so 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 after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing 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. The Owner as fiduciary shall, in 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 direct such distribution, 11.3.11 partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies 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 AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on thc date of execution of the Contract. 11.4.1} Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shalI permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the 12.1.2 If a portion of the Work has been covered which the it shall be uncovered by the Contractor. If such Work is in lng and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with 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 promptly correct Work rejected by the Architect or failing to conform to the requirements of Substantial Completion and whether or not fabricated, installed such rejected Work, including additional testing and inspec- 12.2.2 If, within one year after the date of Substantial Comple- tinn of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCHITECTS. 1735NEWYORKAVENUE, NW..WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 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 after 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 portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the act'dM performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- rance of the Work under the Contract and temlination of the Contract. The Owner shall give such notice 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 corrected 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 it 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 expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipmegt 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 expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor shouId have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafier due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or remc~val of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. E~tablishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation 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, nor to the time within which proceedings may be commenced to establish the Contractor's Iiability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will he reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of thc place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and lega/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 assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if 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 if delivered at or sent by registered or certified malI to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and fights 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 in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders 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- ing 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 shalI give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after 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 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements 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 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH ED[TION AIA® * ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C 2(~06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.$.3 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 bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.$.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 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 INTEREST 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 parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMEHT OF STATUTORY LIMITATION PERIOO 13.7.1 As between the Owner and Contractor: .1 Before Substantlal Completion. As to actsor 1allures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to rca~ and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. AS to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable 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 later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, 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 later than the date of any act or failure to act by the Contractor pursuant to any warranty 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 other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs 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 issoance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such a.s a declaration of national emergency, making material unavailable; .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 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2,2.1. '14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, tern~inate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 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 Owner has persistently failed to ful£fll 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 and 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 orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AiA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® t © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~,5 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20OOG WARNING: Unlicensed photocopying violate~ U.S. copyright la~vs and is subject to legal prosecution. A201-1987 23 rify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if 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 ail materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .3 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 £mish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 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 f~rther payment until the Work is Finished. 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 marie necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may he, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order thc Contractor in writing to suspend, delay or interrupt the Work ha whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall he marie for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall he made to the extent: .1 that performance is, waS or woulri have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3,3 Adjustments marie in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AIA DOCt~MENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, 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) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. 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 $100,000. Basketball & Tennis Court Project: H-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): e= 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): a= 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: Basketball & Tennis Court Project: H-2 ~YROLL CERTIFICATION FORM do hereby state: 1. That I pay or supervise the payment of the pemons employed by on the ; that during the payroll period commencing on the day of , 20 , and ending the . day of , 20 , ail pemons employed on said project have been paid the full weekly wages earned that no rebates have been or wgl be made either directiy or indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that no deductions have been made eif, hor directly or indirectJy from the full wages earned by any person other than permissible deductions as defined by Regulations Issued by the Hew York State Department of Laber. If any wages am unpaid, as reported in Column ¶0 ~n the front of this form, explain below: (a). WHERE FRINGE BENEFIES ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS REMARKS: (NOTARY & SEAL) Basketball & Tennis Court Project: I-1 z o~ 0 o~ 0 o~ 0 o~ 0 o~ 0 O~ 0 ~ 0 ~ 0 ~ 0 =lc~' Basketball & Tennis Court Project: ][-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for East Marion Park Basketball & Tennis Court Construction Oysterponds School District State Route 25 East Marion, New York 11939 Basketball & Tennis Court Project: J-1 · . .' PageloflO GENERAL DECISION NY020013 01/31/03 NY13 General Decision Number NY020013 Superseded General Decision No. 1~Y010013 State: New York Construction Type: BUILDING HEAVY HI~}IWAY RESIDENTIAL County(les): NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and includin~ 4 Stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 1 03/08/2002 2 03/22/2002 3 03/29/2002 4 05/03/2002 5 : 06/07/2002 6 07/12/2002 7 08/23/2002 8 09/13/2002 9 10/04/2002 10 01/03/2003 11 01/31/2003 COUNTY(ies): NASSAU SUFFOLK 07/01/2002 ASBESTOS/INSULATOR WORKERS: SCOPE OF WORK: includes application of all insulating materials, protective coverings,coatings and finishing to all t~rpes of mechanical systems. Rates Fringes 36.86 20.89 I~J~RDOUS M~TERIAL }Lh/qDLER 23.00 6,20 BOIL0005A 09/01/2002 Rates Fringes BOILEPJM~M~ER $35.86 21.17+a FOOTNOTE: a. PAID HOLIDAYS: New Years:Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve httn.//d~vi~haenn ntis. ~,ov/.qearch/current/nvl 3.dvb 3/7/2003 . ~ Page 2 of 10 * BR/qY0001A 07/01/2002 Rates Fringes BRICKI~kYER$ 36.57 17.21 STONEMASONS 30.69 17.90 C3%RP0007V 07/01/2002 Rates Fringes C~RPENTERS Building 32.42 22.23 Heavy & Highway 32.42 22.23 Residential 24.00 14.41 * CARP0740A 01/01/2003 Rates Fringes MILLWRIGHTS 36.06 28.58 * C3~RP1456J 01/01/2003 Rates Fringes DIVERS 43.80 24,70 DIVERS TENDERS 32.40 24,70 DOCKBUILDERS 35.67 24,70 PILEDRIVEP~ 35.67 24~70 SOFT FLOOR LdkYERS pAPEPJHANGERS 37.36 24,70 23.88 10.48 CARP1536A 07/01/2001 Rates Fringes TIMBERMF2q 30.59 23.64 ELEC0025B 05/04/2002 Rates Fringes ELECTRICIANS 39.00 20.97 ELEC0025C 09/28/2002 ELECTRICIANS: Rates Fringes Wiring or single or multiple family dwellings and apartments up to and including 2 stories 25.75 12.70 Maintenance Unit 30.76 35.5%+2.68 Telephone Unit 27,69 47.5%+.67 ELEC1049B 10/01/2001 LINE CONSTRUCTION: Substation and Switching structures pipe type cable :' installation and maintenance jobs or projects; Railroad Rates Fringes h*m.//d ~v~.~hacon.nfls.~ov/searcb/current/n¥ 13.dvb 3/7/2003 .. Page 3 of' 10 electrical distribution/ transmission systems maintenance (when work is not performed by railroad employees) Overhead and Underground transmission/distribution line w~rk. Fiber optic, telephone cable and equipment; Lineman & Cable Splicer Heavy Equipment Operator Groundman 33.10 10.39 23.33 6.99 17.50 6.08 Tree Tri~maer 20.85 6.98 ELEV0001B 07/01/1998 Rates ELEVATOR MECHANICS (New construction) 34.415 Fringes 10.805+a ELEVATOR MECHANICS (Modernization and Repair) 28.576 10.655+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colurabus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 5 years of service, and 6% for employees with less than 5 years of service ENGI0138A 06/01/2002 BUILDING CONSTRUCTION Rates Fringes GROUP 1 35.18 23.54+a GROUP 2 33.29 23.54+a GROUP 3 32.04 23.54+a GROUP 4 39.50 23.54+a GROLrP 5 28.23 23.54+a NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday or President's Day (in lieu of Lincoln's or Washington's Birthday), Good Friday, Memorial Day, Indpendence Day, Labor Day, Veteran's Da~, Thanksgivin9 Day, Christmas Day or days celebrated as such. Any holiday that falls on a Saturday will be ceIebrated on Friday ~.~.//d~,,;~h~an ntiq omv/~eareh/eurrenffnvl3.dvb 3/7/2003 · , Page 4 of 10 POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler), crane (crawler truck), crane (on barge), crane (stone setting), crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drum}, loading machine (bucket) cap of 10 yds or over micro-trap, with compressor (negative air machine), milling machine, large pile driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry~all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi), dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn), mulch machine (machine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine), roller, (asphalt), scoop (carry-all scraper), tower crane (maintenance man), trenching machine GROUP 3: Comrpessor (structural steel), Compressor (2 or more in battery), concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing machine, fireman, hoist (1 drum), micro-trap, (self contained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump (well point), pulvi-mixer, ridge cutter, roller (dirt), striping machine, vac-all, welding and burning, welding machine (pile work), welding machine (structural steel) GROUP 4: Compressor, compressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, concrete saw or cutter, forklift (walk behind, power operated), generator-pile work, generator, hydra hammer, mechanical compactors (hand operated), oiler (truck crane}, pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm), pump (gypsum), trench machine (hand}, welding machine GROUP 5: Batching plant (on site of job), generator (small), mixer (with skip), mixer (2 small with or without skip), mixer (2 bag or over, with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, stump chipper, tower crane (oiler), tractor (caterpillar or wheel vibrator) ENGI0138B 06/01/2001 POWER EQUIPMENT OPERATORS Rates Fringes HEAVY AND HIGHWAY CONSTRUCTION GROUP 1 36.19 23.54+a GROUP 2 33.67 23.54+a GROUP 3 32.40 23.54+a k**-. It,~.~.,;,4. ..... +~ ,,~,,le,~rohl,',,rremtln¥1 't.dvh 3/7~2003 Page 5 of 10 GROUP 4 29.88 23.54+a GROUP 5 28.61 23.54+a GROUP 6 24.16 8.95+10% NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) 100-149 ft .50 boom lenghts (including jib) 150-249 ft .75 boom lenghts (including jib) 250-349 ft 1.00 boom lengths (including jib) 350 ft 1.50 Cranes using clamshell buckets .25 Front end loader 10 yds and above .25 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Years Day, Lincoln's Birthday, Washington's Birthday or Presidents Day (in liew of Lincoln's or Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day or days celebrated as such. D_ny holiday that falls on Saturday will be celebrated on Friday. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300), boiler (thermoplastic), boring machine (post hole), cgherry picker (over 50 ton), CMI or maxi-~ spreader, concrete pump~ with oiler, crane (crawler truck), crane (on barge), crane (stone setting) crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap (with compressor-negative air machine), milling machine (large), piledriver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), power-house, road paver, scoop, car.fy all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self-propelled), tank work, tower crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi), Dinky Locomotive, Forklift, ~oist (2 drum), Loading Machine, Loading Machine (front end), Mechanical Compactor (machine drawn), Mulch Machine (machine- fed), Power Winch (other than stone/structural steel), Power Winch (truck mounted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, scraper), Tower Crane (maintenance man), Trenching Machine, Vermeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete), Maintenance Engineer (small equipment), Maintenance engineer (well-point) Mechanic (fieldman), Micro-T~ap (self contained, negative air machine), Milling Machine (small), Pulvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well h~tn://davisbacon.ntis.eov/searchJcurcent/nyl 3.dvb 3/7/2003 point), Roller Dirt, Vac-All, Welding and burning, Compressor (structural steel), Compressor (2 or more battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (pile work), Welding Machine (structural Steel). GROUP 4: Compressor, CompressoF on crane, Compressor (pile work), Compressor (stone setting), Concrete Breaker, Concrete Saw or Cutter, Fork Lift (walk behind, power operated), Generator- Pile Work, Generator, Hydra Hantmer, Mechanical Compoactors (hand operated), Oiler (truck crane), Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (doable action diaphragm), Pump gypsum, Pump {single action 1 to 3 inches), Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of job), Generator (small), Grinder, Mixer (with skip), Mixer (2 small with or without skip), Mixer (2 bag or over, with or without skip), Mulch Machine, Oiler, Pun~ (centrifugal, up to 3 inches), Root Cutter, Stump Chipper, Tower Crane (oiler), Track Tamper (2 engineers, each), Tractor {caterpillar or wheel), Vibrator, Work boat (deckhand), GROUP 6: Well drillers IRON0046C 07/01/2001 Rates Fringes IRONWORFd~RS (MET~J~LIC L~%~rIERS) 36.50 21.42 IRON0197A 01/01/2003 Rates Fringes IRONWORFfERS (STONE DERRICK}~tN) 35.76 27.75 * IRON0361A 01/01/2003 Rates Fringes IRONWORKERS (STRUCTURAL) 35.50 35.73 * IRON0580A 01/01/2003 Rates Fringes IRONWORKERS {ORNAMENTAL) 35.15 27.40 I~kBO0066A 07/01/2001 Rates Fringes iJkBORERS: BUILDING Laborers 24.00 16.85 Plasterers tenders 24.00 16.85 IJ~BO0078A 12/01/2002 ASBESTOS (Removal, ~kbatement, Encapsulation or Decontamination of asbestos); LEAD; & HAZARDOUS WASTE LABORERS (Hazardous Waste, Rates Fringes h~,'//rla,~i~hscan.nfis.~ov/searchlcurrent/nyl3.dvb 3/7/2003 P~e/ollu Hazardous Materials, Biochemical and Mold Remediation, HVAC, Duct Cleaning, Re-spray Fireproofing, etc. 23,85 6.35 LABO1298P 06/01/2002 LABORERS (HEAVY & HIGHWAY): Rates Fringes Asphalt Rakers; Formsetters · Asphalt Shovelers, Roller Boys & Tampers Regular Laborers 28.12 14.82+a 27.50 14.82+a 25.23 14.82+a FOOTNOTES: Laborers working in a hazardous material hot zone shall receive an additional 20% premium. Where the contract provides for night work outside the regular hours of work, the employees shall be paid at straight time plus a 20% night work premium for the 8 hours worked during the night. Firewatch work performed after regular hous shall be paid an additional 10% premium.: Second and Third Shift work will be paid at a 10% premium. PAIN0009C 05/01/2002 Rates PAINTERS: Painters, Drywall Finishers 30.R5 Spray, Scaffold, Sandblasting 33.25 Structural Steel (over 20 ft), Sandblasting 33.25 Fringes · 15.42 15.42 15.42 GLAZIERS 32.20 20~17 PAIN1974B 07/03/2002 Rates Fringes DRYWALL TAPERS/POINTERS 33.82 PLAS0260C 07/01/1999 Rates Fringes pLASTERERS 27.91 15.16 PLAS0780A 07/01/2002 Rates Fringes CEMENT MASONS 38,00 17.85 PLUM0200A 11/01/2002 BUILDING CONSTRUCTION: Rates Fringes ['"" zz~-~';~ ..... f{~ ~av/eearch/currenffn¥13.dvb 3/7/2003 Page 8 oflO PLDI~ERS 38.28 18.93 RESIDENTIAL CONS?RUCTION: pLUMBERS 17.18 5.70 PLUM0638A 07/15/2002 Rates Fringes SPRINKLER FITTERS, STF~FI~ER8 38.32 24.32 SERVICE FI~ERS 26.30 2.55 Sez-cice Fitter work shall consist of all repair, service and maintenance work on domestic, commerical and industrial refrigeration, air conditioning and air cooling, stoker and oil burner apparatus and heating apparatus etc., including but not exclusively the charging, evacuation, leak testing and assembling for all machines for domestic, commercial and industrial refrigeration, air conditioning and heating apparatus. Also, .work shall include adjusting, including capacity adjustments, checking and repairing of replacement of all controls and start up of all machines and repairing all defects that may develop on any system for domestic, commercial and industrial refrigeration and all air conditioning, air cooling, stoker and oil burner apparatus and heating apparatus regardless of size or tylDe. ROOF0154A 10/01/2000 Rates Fringes ROOFERS 27.50 18.79 SHEE0028B 08/01/2002 Rates Fringes SHEET METAL WORKERS 37.17 24.13 * TEAM0282I 07/01/2002 Rates Fringes TRUCK DRIVERS: Asphalt 29.085 High Rise 32.01 Euclids & turnapulls 29.65 21.1025+a+b 19.5525+a+b 21.1025+a+b FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Colurabus Day, Election Day, Veterans' Day (Armistice Day), Thanksgiving Day and Christmas Day. Employees working two (2) days in the calendar week in which a holiday falls are to be paid for such holiday, provided that they shape each remaining workday during such calendar week. b.VACATION: For each 15 days worked with the contract year an employee will receive one da~ vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who qualifies for two weeks (10 days} vacation or more with pay and who has been continuousiy employed by his employer for six years before the 3/7/2003 Page close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall ba entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vaction; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay per year. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request htin.//d~vi~haeon.nfls.eov/search/currentTny 13.dvb 3/7/2003 rage ~um ~u review and reconsideration from the Wage and Hour Administrator' (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be acco~rpanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wa~e Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are final. END OF GENERAL DECISION ~ha ann .nfls. ~ov/search/currenl]ny 13 .dvb 3/7/2003 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 Opportunity 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 dressing 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): Basketball & Tennis Court Project: 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: (1) 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. (2) 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. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or 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. (4) 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. (5) 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. (6) 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. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Basketball & Tennis Court Project: M-2 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 direct 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 vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Rel0orts 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; (ii) 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. Basketball & Tennis Court Project: M-3 1-12.805.4 Reports and Other Re(luired 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, participated 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 contracts 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. Basketball & Tennis Court Project: 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 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited 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. 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 determined 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. Basketball & Tennis Court Project: 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 Agency and 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. All 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 discriminate 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. Basketball & Tennis Court Project: 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 permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the 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 registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required 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 Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor bythe 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; Basketball & Tennis Court Project: M-7 (d) That this contract may be canceled or terminated by the State or municipality, and ail 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 six 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. Basketball & Tennis Court Project: M-8 I i I I I I I I 1 i I I I I ! I I I i EAST MARION PARK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK CONSTRUCTION SPECIFICATIONS TO FURTHER ENHANCE THE RECREATION OPPORTUNITIES FOR THE TOWN'S RESIDENTS. REMOVE THE EXISTING TENNIS AND BASKETBALL COURTS. THEN REPLACE WITH A NEW TENNIS COURT AND FENCING AND A NEW FULL SIZE BASKETBALL COURT AND HOOPS. Prepared by: Araiys Design, L.A., P.C. Landscape Architects 33 Main Street Southampton, NY 11968 Aprill7,2003 TABLE OF CONTENTS Summary Summary of Multiple Contracts Alternates References Site Clearing Earthwork Hot-Mix Asphalt Paving Chain-Link Fences and Gates Cast-In-Place Concrete (Limited Applications) Construction Documents Enclosures: DM-1 L-1 D-1 DEMOLITION AND MOBILIZATION PLAN COURT LAYOUT PLAN DETAILS & SPECIFICATIONS Sec. 01100 Sec. 01125 Sec. 01230 Sec. 01420 Sec. 02230 Sec. 02300 Sec. 02741 Sec. 02821 Sec. 03301 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York SECTION 01100 - SUMMARY PAR"[' 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: Project consists of the Town of Southold, One Basketball Court and One Tennis Court. 1. Project Location: East Marion Park, Southold, New York 2. Owner: Town of Southold B. Architect Identification: The Contract Documents, dated, February 7, 2003 were prepared for the project by Araiys Design, L.A., P. C. 33 Main Street Southampton, NY 11968. C. The Work consists of site improvement to East Marion Park, Southold, New York 1. 21re Work includes One Tennis Court construction and One Basketball Court construction. 1.3 CONTRACT A. Project will be constructed under multiple contracts. B. Multiple contracts are separate contracts, representing significant construction activities, between Owner and separate contractors. See Division 1 Section "Summary of Multiple Contracts" for a description of work included under each separate contract. 1.4 A. USE OF PREMISES General: Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor's use of premises is limited only by Owner's right to perform work or to retain other contractors on portions of Project. 1.5 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using the 16-division format and CSI/CSC's "MasterFormat" numbering system. SUMMARY 01100 - l Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Section Identificatim~: The Specifications use section numbers and titles to help cross- referencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete. Consult the table of contents at the beginning of the Project Manual to determine numbers and names of sections in the Contract Documents Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. END OF SECTION 01100 SUMMARY 01100 - 2 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York SECTION 01125 - SUMMARY OF MULTIPLE CONTRACTS PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes a summary of each contract, including responsibilities for coordination. B. Specific requirements of each contract are also indicated in individual Specification Sections and on Drawings. C. Related Sections include the following: 1. Division 1 Section "Summary" for the Work covered by the Contract Documents, restrictions on use: of the premises, Owner-occupancy requirements, and work restrictions. 1.3 COORDINATION A. Project Coordinator shall be responsible for coordination between Contract #1 and Contract #2. 1. Town of Southold shall act as Project Coordinator. 1.4 A. GENERAL REQUIREMENTS OF CONTRACTS Extent of Contract: Unless the Agreement contains a more specific description of the Work, names and terminology on Drawings and in Specification Sections determine which contract includes a specific element of Project. Unless otherwise indicated, the Work described in this Section for each contract shall be complete systems and assemblies, including products, components, accessories, and installation required by the Contract Documents. Local custom and trade-union jurisdictional settlements do not control the scope of the Work of each contract. When a potential jurisdictional dispute or similar interruption of work is first identified or threatened, affected contractors shall negotiate a reasonable settlement to avoid or minimize interruption and delays. Substitutions: Each contractor shall cooperate with other contractors invo]ved lo coordinate approved substitutions with remainder of the Work. SUMMARY OF MULTIPLE CONTRACTS 01125 - 1 Araiys Design L.A, P.C. East Marion Park Landscape Architects Southold, New York 1. Project Coordinator shall coordinate substitutions. 1.5 A. CONTRACT #1: Work in Contract #1 includes, but is not limited to, the following: 1. Demolition of existing tennis court surface and fencing and existing basketball court surface and hoops. 2. Excavation of required material for new court surfacing system. 3. Grading of subgrade for new court surfacing system. 4. Installation of tennis court and basketball court surfacing systems. Including: 1. Tennis net and posts. 2. Two basketball pole, hoop, and backboard assemblies. 5. Topsoil, Grading, and Seeding of all adjacent areas surrounding the project within the Limits of Construction. 6. Contract #1 shall include all items necessary for the construction of a complete project excluding only the work specifically indicated in Contract #2. Any and all items deemed reasonable and/or necessary for a complete installation, although not specifically contained in these specifications, shall be incorporated into this contract as if included and thoroughly described by these Specifications. 1.6 A. CONTRACT #2 Work in Contract #2 includes, but is not limited to, the following: 1. Installation of chain-link fencing for the tennis court. 2. Installation of two gates. END OF SECTION 01125 t I I I SUMMARY OF MULTIPLE CONTRACTS 01125-2 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York SECTION 01230 - ALTERNATES PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for alternates. 1.3 A. DEFINITIONS Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the Base Bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.4 A. PROCEDURES Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of altemate. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates. Execute accepted alternates under the same conditions as other work of the Contract. Schedule: A Schedule of Alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. ALTERNATES 01230 - 1 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York 1.5 SCHEDULE OF ALTERNATES A. Alternate No. TBD. END OF SECTION 01230 ALTERNATES 01230 - 2 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York SECTION 01420 - REFERENCES PART 1 - GENERAL l. 1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 A. B. DEFiNITIONS General: Basic Contract definitions are included in the Conditions of the Contract. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "approved," "required," and "permitted" have the same meaning as "directed." "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. "Provide": Furnish and install, complete and ready for the intended use. "Installer": Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. Using a term such as "carpentry" does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter." It also does not imply that requirements specified apply exclusively to tradespeople of the corresponding generic name. REFERENCES 01420- I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York "Experienced": When used with an entity, "experienced" means having successfully completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.3 A. INDUSTRY STANDARDS Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. Publication Dates: Comply with standards in effect as of date of the Contract Documents, unless otherwise indicated. Conflicting Requirements: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. Minimum Quantity or Quality, Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. ']70 comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. Copies of Standards: Each entity engaged in construction on Project must be familiar with industry standards applicable to/ts construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source and make them available on request. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web-site addresses are subject to change and are believed to be accurate and up- to-date as of the date of the Contract Documents. PRIVATE tbl 1 ~dom 1 Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities Available from Acc:ess Board www.access-board.gov ADAAG CFR (800) 872-2253 (202) 272-5434 Code of Federal Regulations REFERENCES 01420 - 2 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York Available from Government Printing Office ~vww.access.gpo.gov/nara/c fr CRD Handbook for Concrete and Cement Available from Army Corps of Engineers Waterways Experiment Station www.wes.army.mil (888) 293-6498 (202) 512-1530 (601) 634-2355 1.4 A. ABBREVIATIONS AND ACRONYMS Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale Research's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S." Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web-site addresses are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. PRIVATE tbl2@dom 1 AAN American Association of Nurserymen (See ANLA) ACI American Concrete Institute/ACI International www.aci-int.org AEIC Association of Edison Illuminating Companies, Inc. (The) www.aeic.org AGC Associated Genera[ Contractors of America (The) www.agc.org AI Asphalt Institute www.asphaltinstitute.org AIA American Institute of Architects (The) www.aia.org ALCA Associated Landscape Contractors of America www.alca.org AMCA Air Movement and Control Association International, Inc. ~vww.amca.org ANLA American Nursery & Landscape Association (Formerly: AAN - American Association of Nurserymen) www.anla.org ANSI American National Standards Institute (248) 848-3700 (205) 257-2530 (703) 548-3118 (859) 288-4960 (800)242-3837 (202) 626-7300 (800) 395-2522 (703) 736-9666 (847) 394-0150 (202) 78%2900 (202) 293-8020 REFERENCES 01420 - 3 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York www.ansi.org AOSA Association of Official Seed Analysts www.aosaseed.con't (505) 522-1437 ASCE ASME American Society of Civil Engineers (800) 548-2723 www.asce.org (703) 295-6300 ASME International (800) 843-2763 (The American Society of Mechanical Engineers International) (212) 591-7722 www.asme.org ASTM ASTM International (American Society for Testing and Materials International) www.astm.org (610) 832-9585 AWS American Welding Society www.aws.org (800) 443-9353 (305)443-9353 CLFMI Chain Link Fence Manufacturers Institute www.chainlinkin fo .ore (301) 596-2583 CPPA Corrugated Polyethylene Pipe Association www.cppa-info.org (800) 510-2772 (202) 462-9607 CRSI Concrete Reinforcing Steel Institute www.crsi.org (847) 517-1200 CSA CSA International (Formerly: 1AS - International Approval Services) ww~v.c sa-international.org (800)463-6727 (416) 747-4000 CSI Construction Specifications Institute (The) www.csinet.org (800) 68%2900 (703) 684-0300 EIMA EIFS Industry Members Association ~vw.eifsfacts.com (800) 294-3462 (770) 968~7945 EJMA Expansion Joint Manufacturers Association, Inc. www.ejma.org (914) 332-0040 IEEE Institute of Electrical and Electronics Engineers, Inc. (The) wwvw.ieee.org (212) 419-7900 IESNA Illuminating Engineering Society of North America www.iesna.org (212) 248-5000 LPI Lightning Protection Institute www.lightning.org (800) 488-6864 (847) 577-7200 NCMA National Concrete Masonry Association (703) 713-1900 REFERENCES 01420 - 4 Araiys Design L.A., P.C. Landscape Architects www.ncma.org NECA National Electrical Contractors Association wwwv.necanet.org NEMA National Electrical Manufacturers Association www.nema.org NETA InterNational Electrical Testing Association www.netaworld.org NRMCA National Ready Mixed Concrete Association www.nrmca.org SAE SAE International ~wvw.sae.org TPI Turfgrass Producers International www.turfgrasssod.org UL Underwriters Laboratories Inc. www.uI.com UNI Uni-Bell PVC Pipe Association www.uni-bell.org END OF SECTION 01420 East Marion Park Southold, New York (301) 657-3l 10 (703) 841-3200 (303) 697-8441 (888) 846-7622 (301) 587-1400 (724) 776-4841 (800) 405-8873 (847) 705-9898 (8001) 704-4050 (847) 272-8800 (972) 243-3902 REFERENCES 01420 - 5 I I I I I I I I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02230 - SITE CLEARING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Temporary erosion and sedimentation control measures. B. Related Sections include the following: I. Division 2 Section "Earthwork" for soil materials, excavating, backfilling, and site grading. 1.3 A. DEFINITIONS 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, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; and free of subsoil and weeds, roots, toxic materials, or other nonsoil materials. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. 1.4 MATERIAL OWNERSHIP A. Except for stripped topsoil or other materials indicated to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site. 1.5 A. SUBMITTALS Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing. Record drawings, identifying and accurately locating capped utilities and other subsurface structural, electrical, and mechanical conditions. SITE CLEARING 02230 - 1 Araiys Design, L.A., P.C. East Marion Park Landscape Architects Southold, New York 1.6 QUALITY ASSURANCE A. Preinstallation Conference: Conduct conference at Project site to go over requirements. 1.7 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission fi'om Owner and authorities having jurisdiction. B. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing. C. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. PART2-PRODUCTS 2.1 A. SOIL MATERIALS Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 2 Section "Earthwork." 1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not available on-site. PART 3 - EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from construction. B. Locate and clearly flag l~'ees and vegetation to remain or to be relocated. C. Protect existing site improvements to remain from damage during constructiom 1. disturbance during Restore damaged improvements to their original condition, as acceptable to Owner. 3.2 A. TEMPORARY EROSION AND SEDIMENTATION CONTROL Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing xvater ranoff or airborne dust to adjacent properties and walkways, according to requirements of authorities having j urisdiction. SITE CLEARING 02230 - 2 Araiys Design, L.A., P.C. East Marion Park Landscape Architects Southold, New York Inspect, repair, and maintmn erosion and sedimentation control measures during construction until permanent vegetation has been established. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. 3.3 A. CLEARING AND GRUBBING Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. 3. Grind stumps and remove roots, obstructions, and debris extending to a depth of 18 inches (450 mm) below exposed subgrade. 4. Use only hand methods for grubbing within tree protection zone. 5. Chip removed tree branches and dispose of oft-site. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. Place fill material in horizontal layers not exceeding a loose depth of 6 inches, and compact each layer to a density equal to adjacent original ground. 3.4 A. DISPOSAL Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property. Separate recyclable materials produced during site clearing from other nonrecyclable materials. Store or stockpile without intermixing with other materials and transport them to recycling facilities. END OF SECTION 02230 SITE CLEARING 02230 - 3 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02300 - EARTHWORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Preparing subgrades for pavements, lawns, and plantings. B. Related Sections include the following: Division 2 Section "Site Clearing" for site stripping, grubbing, removing topsoil, and protecting trees to remain. 1.3 DEFINITIONS A. Backfill: Soil materials used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Base Course: Layer placed between the subbase course and asphalt paving. C. Borrow: Satisfactory soil imported from off-site for use as fill or backfill. D. Excavation: Removal of material encountered above subgrade elevations. 1. Additional Excavation: Excavation below subgrade elevations as directed by Architect. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated dimensions without direction by Amhitect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. E. Fill: Soil materials used to raise existing grades. F. Rock: Rock material in beds, ledges, unstratified masses, and conglomerate deposits and boulders of rock material exceeding 1 cu. yd. (0.76 cu. m) for bulk excavation or 3/4 cu. yd. (0.57 cu. m) for footing, trench, and pit excavation that cannot be removed by rock excavating EARTHWORK 02300- 1 Araiys Design L.A., P.C. East Marion Park Landscape Architects Southold, New York equipment equivalent to the following in size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting, when permitted: k Rock: Rock mater/al in beds, ledges, unstratified masses, and conglomerate deposits and boulders of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that when tested by an independent geotechnical testing agency, according to ASTMD 1586, exceeds a standard penetration resistance of 100 blows/2 inches (97 blows/50 mm). Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer placed between the subgrade and a concrete pavement or walk. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil mater/als. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.4 SUBMITTALS A. Product Data: For the following: 1. Tennis court surfacing system. 2. Basketball court surfacing system. B. Samples: For the following: 1. Tennis court surfacing system. 2. Basketball court surfacing system. 1.5 QUALITY ASSURANCE A. Preexcavation Conference: Conduct conference at Project site to go over requirements. 1.6 A. PROJECT CONDITIONS Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Landscape Architect and then only after arranging to provide temporary utility services according to requirements indicated: Notify Landscape Architect not less than two days in advance of proposed utility interruptions. EARTHWORK 02300 - 2 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Do not proceed with utility interruptions without Landscape Architect's written permission. Contact utility-locator service for area where Project is located before excavating. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. PART 2 - PRODUCTS 2.1 A. SOIL MATERIALS General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. 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 (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or a combination of these group symbols. Backfill and Fill: Satisfactory soil materials. Subbase: Naturally or artificially graded mixture of natural or crashed gravel, crushed stone, and natural or crushed sand; ASTM D 2940: with at least 90 percent passing a 1-1/2- inch (38- mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. Base: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch (38-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (38-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. Bedding: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. Drainage Fill: Washed, narrowly graded mixture of crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2- inch (38-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1- inch (25-mm) sieve and 0 to 5 percent passing a No. 4 (4.75-mm) sieve. K. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state. EARTHWORK 02300 - 3 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York PART 3 - EXECUTION 3.1 A. PREPARATION Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, ~vashout, and other hazards created by earthwork operations. Protect subgrades and fotmdation soils against freezing temperatures or frost. Provide protective insulating materials as necessary. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways 3.2 A. EXCAVATION, GENERAiL Unclassified Excavation: Excavation to subgrade elevations regardless of the character of surface and subsurface conditions encountered, including rock, soil materials, and obstructions. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. Classified Excavation: Excavation to subgrade elevations classified as earth and rock. Rock excavation will be paid for by adjusting the Contract Sum according to unit prices included in the Contract Documents. 1. Earth excavation includes excavating pavements and obstructions visible on surface; underground structures, utilities, and other items indicated to be removed; together with soil, boulders, and other materials not classified as rock or unauthorized excavation. a. Intermittent drilling; blasting, if permitted; ram hammering; or ripping of material not classified as rock excavation is earth excavation. 2. Rock excavation includes removal and disposal of rock. a. Do not excavate rock until it has been classified and cross-sectioned by Architect. 3.3 A. EXCAVATION FOR STRUCTURES Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25 mm). Extend excavations a sufficient distance from court areas for placing and installing base material. 3.4 APPROVAL OF SUBGRADE EARTHWORK 02300 - 4 ! I i ! I ! I I I I I i t I i ! I I i Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York A. Notify Landscape Architect when excavations have reached required subgrade. B. if Landscape Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 1. Contractor shall be responsible for additional excavation and replacement material required to meet minimum specifications in contract documents. C. Proof roll subgrade with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated subgrades. D. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Landscape Architect. 3.5 A. STORAGE OF SOIL MATER[ALS Stockpile borrow materials and satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.6 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 3.7 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 1 vertical to 4 horizontal so fill material will bond with existing material. C. Place and compact fill material in layers to required elevations as tbllows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under asphalt pavements, use satisfactory soil material. 3. Under stone blend base, use engineered fill. 3.8 A. COMPACTION OF BACKFILLS AND FILLS Place backfill and fill materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand-operated tampers. EARTHWORK 02300-5 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Place backfill and fill materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. Compact soil to not less th;m the following percentages of maximum dry unit weight according to ASTM D 698: 1. Under asphalt pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill material at 95 percent. 2. Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill material at 85 percent. 3.9 A. GRADING General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. Site Grading: Slope grades to direct water away from courts and to prevent ponding. Finish subgrades to required elevations within the following tolerances: 1. La~vn or Unpaved Areas: Plus or minus 1 inch (25 mm). 2. Pavements: Plus or minus 1/2 inch (13 mm). 3.10 A. SUBBASE AND BASE COURSES Under asphalt pavements, place subbase course on prepared subgrade and as follows: 1. Place base course material over subbase. 2. Compact subbase and base courses at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. 3. Shape subbase and base to required crown elevations and cross-slope grades. 4. When thickness of compacted subbase or base course is 6 inches (150 mm) or less, place materials in a single layer. 5. When thickness of compacted subbase or base course exceeds 6 inches (150 mm), place materials in equal layers, with no layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick when compacted. 3. l 1 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep tree of trash and debris. EARTHWORK 02300 - 6 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. Scarify or remove and replace soil material to depth as directed by Landscape Architect; reshape and recompact. C. Where settling occurs belbre Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3,12 A. DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Transport surplus satisfactory soil to designated storage areas on Owner's property. Stockpile or spread soil as directed by Landscape Architect. [. Remove waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. END OF SECTION 02300 EARTHWORK 02300 - 7 Araiys Design, L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 02741 - HOT-MIX ASPHALT PAVING PART 1 - GENEP,_AL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Hot-mix asphalt paving. 2. Asphalt surface treatments. 3. Pavement-marking paint. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for aggregate subbase and base courses and for aggregate pavement shoulders. 1.3 DEFINITIONS A. Hot-Mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. B. DOT: Department of Transportation. 1.4 A. SYSTEM DESCRIPTION Provide hot-mix asphalt paving according to materials, workmanship, and other applicable requirements of standard specifications of state or local DOT. 1. Standard Specification: New York State Department of Transportation (NYSDOT). 2. Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section. 1.5 SUBMITTALS A. Product Data: For each type of product indicated. Include technical data and tested physical and performance properties. B. Job-Mix Designs: See Southold Town Highway Specifications. HOT-MIX ASPHALT PAVING 0274l - 1 I I I I I I I I I I I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects C. Qualification Data: For manufacturer. O East Marion Park Southold, New York 1.6 QUALITY ASSURANCE A. Manufacturer Qualifications: A qualified manufacturer. 1. Manufacturer shall he a paving-mix manufacturer registered with and approved by authorities having jurisdiction or the DOT of the state in which Project is located. B. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated, as documented according to ASTM E 548. C. Regulatory Requirements: Comply with Standard Specifications of New York State Department of Transportation for asphalt paving work. D. Preinstallation Conference: Conduct conference at Project site to comply with requirements and review methods and procedures related to hot-mix asphalt paving including, but not limited to, the following: 1. Review proposed sources of paving materials, including capabilities and location of plant that will manufacture hot-mix asphalt. 2. Review condition of subgrade and preparatory work. 3. Review requirements for protecting paving work, including restriction of traffic during installation period and for remainder of construction period. 4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 1.7 A. DELIVERY, STORAGE, 32qD HANDLING Deliver pavement-marking materials to Project site in original packages with seals unbroken and bearing manufacturer's labels containing brand name and type of material, date of manufacture, and directions for storage. Store pavement-marking materials in a clean, dry, protected location within temperature range required by manufacturer. Protect stored materials from direct sunlight. 1.8 A. PROJECT CONDITIONS Environmental Limitations: Do not apply asphalt mater/als if subgrade is wet or excessively damp or if the following conditions are not met: Prime and Tack Coats: Minimum surface temperature of 60 deg F (15.5 deg C). Asphalt Base Course: Minimum surface temperature of 40 deg F (4 deg C) and rising at time of placement. Asphalt Surface Cotrrse: Minimum surface temperature of 60 deg F (15.5 deg C) at time of placement. HOT-MIX ASPHALT PAVING 02741- 2 Araiys Design, L.A., P.C. Landscape Architects ~S Marion Park East outhold, New York Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 deg F (4 deg C) for oil-based materials, 50 deg F ( 10 deg C) 1hr water-based materials, and not exceeding 95 deg F (35 deg C). PART 2 - PRODUCTS 2.1 AGGREGATES A. Bluestone aggregate base or state approved R.C.A. blend. 2.2 ASPHALT MATERIALS A. Asphalt Binder: AASHTO MP 1, New York State Department of Transportation Type 3. B. Asphalt Cement: ASTM D 946 for penetration-graded material. C. Tack Coat: ASTMD 977 or AASHTOM 140, emulsified asphalt or ASTM D 2397 or AASHTO M 208, cationic emulsified asphalt, slow setting, diluted in water, of suitable grade and consistency for application. D. Water: Potable. 2.3 A. B. C. AUXILIARY MATERIALS Herbicide: Commercial chemical for weed control, registered by the EPA. Provide in granular, liquid, or wettable powder form. Joint Sealant: ASTM D 3405 or AASHTO M 301, hot-applied, single-component, polymer- modified bituminous sealant. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT-P-1952, with drying time of less than 45 minutes. 1. Color: White, Blue, or approved color. 2.4 A. MIXES Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixes approved by authorities having jurisdiction and complying with New York State DOT and the following requirements: 1. Provide mixes with a history of satisfactory performance in geographical area where Project is located. 2. Binder Course: 1-1/2". 3. Top Course: 1". PART 3 - EXECUTION HOT-MIX ASPHALT PAVING 02741 - 3 I I I i i I i i I t I I I I I I I I I Araiys Design, L.A., P.C. Landscape Architects 3.1 A. B. OS East Marion Park outhold, New York EXAMiNATION Verify that subgrade is dry ~md in suitable condition to support paving and imposed loads. Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that require further compaction. Proceed with paving only after unsatisfactory conditions have been corrected. 3.2 A. SURFACE PREPARATION General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade is ready to receive paving. Sweep loose granular particles from surface of unbound-aggregate base course. Do not dislodge or disturb aggregate embedded in compacted surface of base course. Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates and ~witten application instructions. Apply to dry, prepared subgrade or surface of compacted- aggregate base before applying paving materials. Tack Coat: Apply uniformly to surfaces of existing pavement at a rate of 0.05 to 0.15 gal./sq. yd. (0.2 to 0.7 L/sq. m). Allow tack coat to cure undisturbed before applying hot-mix asphalt paving. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages and clean affected surfaces. 3.3 A. HOT-MIX ASPHALT PLACING Machine place hot-mix asphalt on prepared surface, spread uniformly, and strike off. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness when compacted. 2. 3. 4. Place hot-mix asphalt base course in number of lifts and thicknesses indicated. Place hot-mix asphalt surface course in single lift. Spread mix at minimum temperature of 250 deg F (121 deg C). Begin applying mix along centerline of crown for cro~vned sections and on high side of one-way slopes, unless other~vise indicated. Regulate paver machine speed to obtain smooth, continuous surface free of pulis and tears in asphalt-paving mat. Place paving in consecutive strips not less than 10 feet (3 m) wide unless infill edge strips of a lesser width are required. After first strip has been placed and roiled, place succeeding strips and extend rolling to overlap previous strips. Complete a section of asphalt base course before placing asphalt surface course. HOT-MIX ASPHALT PAVING 02741- 4 I I i I I I I t I i I / I I I i I I I Araiys Design, L.A., P.C. Landscape Architects East Park Marion Southold, New York 3.4 A. 3.5 A. B. C. D. E. F. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material farming high spots. Fill depressions with hot-mix asphalt to prevent segregation of mix; use suitable hand tools to smooth surface. JOINTS Construct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of depressions ~vith same texture and smoothness as other sections of hot-mix asphalt course. 2. 3. 4. Clean contact surfaces and apply tack coat to joints. Offset longitudinal joints, in successive courses, a minimum of 6 inches (150 mm). Offset transverse joints, in successive courses, a minimum of 24 inches (600 mm). Compact joints as soon as hot-mix asphalt will bear roller weight ;vithout excessive displacement. Compact asphalt at joints to a density within 2 percent of specified course density. COMPACTION General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers. 1. Complete compaction before mix temperature cools to 185 deg F (85 deg C). Breakdown Roiling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements. Intermediate Rolling: Begin intermediate roiling immediately after breakdown rolling while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density: Average Density: 96 percent of reference laboratory density according to AASHTO T 245, but not less than 94 percent nor greater than 100 percent. Average Density: 92 percent of reference maximum theoretical density according to ASTM D 2041, but not less than 90 percent nor greater than 96 percent. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still Edge Shaping: While sm'face is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly. Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness. HOT-MLX ASPHALT PAVENG 02741-5 Araiys Design, L.A., P.C. Landscape Architects O East Marion Park Southold, New York Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.6 A. INSTALLATION TOLERANCES Thic'kness: Compact each course to produce the thickness indicated within the following tolerances: Base Course: Plus or minus 1/2 inch (13 mm). Surface Course: Plus 1/4 inch (6 mm), no minus. Surface Smoothness: Compact each course to produce a surface smoothness ~vithin the following tolerances as determined by using a 10-foot (3-m) straightedge applied transversely or longitudinally to paved areas: Base Course: 1/4 inch (6 mm). Surface Course: 1/8 inch (3 mm). Crowned Surfaces: 'Pest with crowned template centered and at right angle to crown. Maximum allowable variance from template is 1/4 inch (6 mm). 3.7 SURFACE TREATMENTS A. Decocolor Surfacing Systerns (Phone: (631)283-8244)or Equal. 3.8 PAVEMENT MARKiNG A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with Landscape Architect. B. Allow paving to age for 30 days before starting pavement marking. C. Sweep and clean surface to eliminate loose material and dust. D. Apply paint with mechanical equipment to produce pavement markings, of dimensions indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils (0.4 mm). 3.9 A. FIELD QUALITY CONTROL Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections and to prepare test reports. 1. Testing agency will conduct and interpret tests and state in each report whether tested Work complies with or deviates from specified requirements. HOT-MIX ASPHALT PAVING 02741 - 6 Araiys Design, L.A., P.C. I~ East Mar/on Park Landscape Architects "',<;outhold, New York B. All testing and inspecting required shall be at Contractor's expense and will be performed to determine compliance of replaced or additional work with specified requirements. C. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM D 3549. D. Surface Smoothness: Fin:tshed surface of each hot-mix asphalt course will be tested for compliance with smoothness tolerances. E. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with specified requirements. 3.10 A. DISPOSAL Except for material indicated to be recycled, remove excavated materials from Project site and legally dispose of them in an EPA-approved landfill. 1. Do not allow excavaled materials to accumulate on-site. END OF SECTION 02741 HOT-MIX ASPHALT PAVING 02741 - 7 Araiys Design L.A., P.C. Landscape Architects SECTION 02821 - CHAIN-LINK FENCES AND GATES East Marion Park Southold, New York PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Chain-Link Fences: Residential. 2. Gates: Swing. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for site excavation, fill, and backfill where chain-link fences and gates are located. 2. Division 3 Section "Cast-in-Place Concrete (Limited Applications)" for concrete post concrete fill. 1.3 A. PERFORMANCE REQUIREMENTS Structural Performance: Provide chain-link fences and gates capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: 1. Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine based on mesh size and pattern specified, and on the following minimum design wind pressures and according to CLFMI WLG 2445: a. Top, bottom, and intermediate rail: 1-5/8" O.D. b. Comer and line posts: 3" O.D. c. Gate frame: 1-.5/8" O.D. d. Wind Speed: 80 mph (I 29 krrgh). e. Fence Height: l0 feet (3 m). f. Line Post Group: Schedule 40 steel pipe. Determine minimum post size, group, and section according to ASTM F 1043 for framework up to 10 feet high, and post spacing not to exceed 10 feet o.c. CHAIN-LINK FENCES AND GATES 02821 - 1 I I I I I ! I I I I I ! I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Lightning Protection System: Maximum grounding-resistance value of 25 ohms under normal dry conditions. 1.4 SUBMITTALS A. Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for chain-link fences and gates. I. Fence and gate posts, rails, and fittings. 2. Chain-link fabric, reinforcements, and attachments. 3. Gates and hardware. B. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate materials, dimensions, sizes, and finishes of components. Include plans, gate elevations, sections, details of post anchorage, attachment, bracing, and other required installation and operational clearances. C. Samples for Initial Selection: Manufacturer's color charts or 6-inch (150-mm) lengths of actual units showing the full range of colors available for components with factory-applied color finishes. D. Samples for Verification: For each type of chain-link fence and gate indicated. E. Product Certificates: For each type of chain-link fence, and gate, signed by product manufacturer. F. Qualification Data: For Installer. G. Field quality-control test reports. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed chain-link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Emergency Access Requirements: Comply with requirements of authorities having jurisdiction for automatic gate operators serving as a required means of access. C. Preinstallation Conference: Conduct conference at Project site to comply with requirements. 1.6 PROJECT CONDITIONS A. Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements. CHAIN-LINK FENCES AND GATES 02821- 2 I I I I I I I I I I I I I I I I I I I Araiys Design L.A, P.C. Landscape Architects PART 2 - PRODUCTS East Marion Park Southold, New York 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Chain-Link Fences, Gates, and all components (2 each): a. Provided by local manufacturer or contractor. 2.2 A. CHAIN-LINK FENCE FABRIC General: Height indicated on Drawings. Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below: 1. Steel Wire Fabric: Polymer-coated (black) wire with a diameter of 0.148 inch (3.76 mm). a. Mesh Size: 1-3/4 inches (44 mm). b. Polymer Coating: ASTM D 668, Class 2b over metallic-coated steel wire. 1) Color: As selected by Landscape Architect from manufacturer's full range, complying with ASTM F 934. c. Coat selvage ends of fabric that is metallic coated before the weaving process with manufacturer'!; standard clear protective coating. 2. Selvage: Knuckled at both selvages. 2.3 A. RESIDENTIAL FENCE AND GATE FRAMING Posts and Rails: Round cold-formed, electric-resistance-welded, steel pipe or tubing, with minimum yield strength of 45,000 psi (310 MPa) and with outside dimension, minimum wall thickness, and weight complying with ASTM F 761 or ASTM F 654 for the following fence height and strength and stifthess requirements: 1. Fence Height: As indicated on drawings. 2. Duty Rating: Medium. 3. Tube or Pipe Diameter and Thickness: Per requirements for Medium-Duty Fence. 4. Gate: Comply with ASTM F 654 and the following: a. Type: II, double swing, galvanized steel frame tubing. CHAIN-LINK FENCES AND GATES 02821 - 3 I I I I I I I I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Hardware: Latches permitting operation from both sides of gate, hinges, center stops, and hold backs. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. All galvanized steel. Metallic-Coated Steel[: Posts, rails, and frames protected with an external coating of not less than 0.6 oz. of zinc/sq, ft. (183 g of zinc/sq, m), hot-dip galvanizing, and a clear, verifiable polymer film; with an internal protective coating of not less than 0.6 oz. of zinc/sq, ft. (183 g of zinc/sq, m). 2.4 FITTINGS A. General: Comply with ASTM F 626. B. Post and Line Caps: Provide hot-dip galvanized pressed steel caps for each post. Provide weather tight closure cap for each post. C. Rail and Brace Ends: Hot-dip galvanized pressed steel. Attach rails securely to each gate, corner, pull, and end post. D. Rail Fittings: Provide the following: 1. Top Rail Sleeves: ttot-dip galvanized pressed-steeh not less than 6 inches (152 mm) long. 2. Rail Clamps: Hot-dip galvanized pressed-steel. Line and corner boulevard clamps for connecting intermediate and bottom rails in the fence line-to-line posts. E. Tension and Brace Bands: Hot-dip galvanized pressed-steel. F. Tension Bars: Hot-dip galvanized steel, length not less than 2 inches (50 mm) shorter than tull height of chain-link fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric is integrally woven into post. G. Truss Rod Assemblies: Hot-dip galvanized steel rod and turnbuckle or other means of adjustment. H. Tie Wires, Clips, and Fasteners: According to ASTM F 626. 1. Standard Round Wi~e Ties: For attaching chain-link fabric to posts, rails, and frames, complying with the following: a. Hot-Dip Galvanized Steel: 0.148-inch- (3.76-mm-) diameter wire. I. Finish: 1. Metallic Coating for Pressed Steel: Not less than 1.2 oz./sq, ft. (366 g/sq. m) zinc. 2.5 CAST-IN-PLACE CONCRETE A. Materials: Portland cement complying with ASTM C 150, Type I aggregates complying with ASTM C 33, and potable water. For ready-mixed concrete complying with CHAIN-LINK FENCES AND GATES 02821-4 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold. New York ASTMC94/C94M. Measure, batch, and mix Project-site-mixed concrete according to ASTM C 94/C 94M. Concrete Mixes: Normal-weight concrete with not less than 3000-psi (20.7- MPa) compressive strength (28 days), 3-inch (75-mm) slump, and 1-inch (25-mm) maximum size aggregate. Mater/als: Dry-packaged concrete mix complying with ASTM C 387 for normal-weight concrete mixed with potable water according to manufacturer's written instructions. 2.6 FENCE GROUNDING A. Conductors: Bare, solid wire for No. 6 AWG and smaller; stranded wire for No. 4 AWG and larger. 1. Material above Finished Grade: Copper. 2. Material on or below Finished Grade: Copper. 3. Bonding Jumpers: Braided copper tape, I inch (25 mm) wide, woven of No. 30 AWG bare copper wire, terminated with copper ferrules. B. Connectors and Grounding Rods: Comply with UL 467. 1. Connectors for Below-Grade Use: Exothermic welded type. 2. Grounding Rods: Copper-clad steel. a. Size: 5/8 by 96 inches (16 by 2440 mm). PART 3 - EXECUTION 3.1 A. EXAMINATION Examine areas and conditions, with Installer present, for compliance with requirements for a verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work, and other conditions affecting performance. Do not begin installation before final grading is completed, unless otherwise permitted by Landscape Architect. 3.2 A. PREPARATION Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet (152.5 m) or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments. CHAIN-LINK FENCES AND GATES 02821 - 5 Araiys Design L.A., P.C. Landscape Architects 3.3 East Marion Park Southold, New York INSTALLATION, GENERAL Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. 1. Install fencing on established boundary lines inside property line. 3.4 CHAIN-LINK FENCE INSTALLATION A. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil. B. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. a. Concealed Concrete: Top 2 inches (50 mm) below grade to allow covering with surface material. Terminal Posts: Locate terminal end, comer, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of 15 degrees or more. Line Posts: Space line posts uniformly at 10 feet (3 m) o.c. maximum spacing. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Install braces at end and gate posts and at both sides of comer and pull posts. Locate horizontal braces at midheight of fabric 5 feet or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. G. Bottom Rails: Install, spanning between posts. I I I I I It. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2 inches (50 mm) between finish grade or sar'face and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. Tension or Stretcher Bars: Thread through fabric and secure to end, comer, pull, and gate posts with tension bands spaced not more than 15 inches (380 mm) o.c. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at 1 end to chain-link fabric, ~vrap wire around post a minimum of 180 degrees, and attach other CHAIN-LINK FENCES AND GATES 02821-6 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. Maximum Spacing: Tie fabric to line posts at 12 inches (300 mm) o.c. and to braces at 24 inches (610 mm) o.c. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts. L. Tennis Court Fencing: Construct tennis court fence according to ASTM F 969, 3.5 A. GATE INSTALLATION Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper- resistant or concealed me,ms. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. 3.6 GROUNDING AND BONDING A. Fence Grounding: Install at maximum intervals of 1500 feet (450 m) except as follows: 1. Fences within 100 Feet (30 m) of Buildings, Structures, Walkways, and Roadways: Ground at maximum intervals of 750 feet (225 m). a. Gates and Other Fence Openings: Ground fence on each side of opening. 1) Bond metal gates to gate posts. 2) Bond across openings, with and without gates, except openings indicated as intentional fence discontinuities. Use No. 2 AWG wire and bury it at least 18 inches (460 mm) below finished grade. B. Protection at Crossings of Overhead Electrical Power Lines: Ground fence at location of crossing and at a maximum distance of 150 feet (45 m) on each side of crossing. C. Grounding Method: At each grounding location, drive a grounding rod vertically until the top is 6 inches (150 mm) below finished grade. Connect rod to fence with No. 6 AWG conductor. Connect conductor to each fence component at the grounding location. D. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame. E. Connections: Make connections so possibility of galvanic action or electrolysis is minimized. Select connectors, connection hardware, conductors, and connection methods so metals in direct contact will be galvanically compatible. CHAIN-LINK FENCES AND GATES 02821 - 7 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York 3.7 ADJUSTING Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding. B. Lubricate hardware and other moving parts. 3.8 DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's personnel to adjust, operate, and maintain gates. END OF SECTION 02821 CHAIN-LINK FENCES AND GATES 02821 - 8 I I I I I I I I I I I I I ! I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York SECTION 03301 - CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 apec~ficanon Sectmns, apply to this Section. 1.2 SUMMARY A. This Section specifies cast-.in-place concrete, including reinforcement, concrete materials, mix design, placement procedures, and finishes. B. Related Sections include the following: 1. Division 2 Section "F. arthwork" for drainage fill under slabs-on-grade. 1.3 SUBMITTALS A. General: In addition to the following, comply with submittal requirements in ACI 301. B. Product Data: For each type of manufactured material and product indicated. C. Design Mixes: For each concrete mix. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A:n experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. C. Source Limitations: Ob'Lain each type of cement of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. PART 2 - PRODUCTS 2.1 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Types I or II. CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301 - 1 Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 1-1/2-inch (38-mm) nominal size. C. Water: Potable and complying with ASTM C 94. 2.2 A. ADMIXTURES General: Admixtures certified by manufacturer to contain not more than 0.1 percent water- soluble chloride ions by mass of cement and to be compatible with other admixtures. Do not use admixtures containing calcium chloride. B. Air-Entraining Admixture: ASTM C 260. 2.3 CURING MATERIALS A. Moisture-Retaining Cover: sheet. B. Water: Potable. C. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: Type 1, Class A. ASTM C 171, polyethylene film or white burlap-polyethylene ASTM C 1315, 2.4 CONCRETE MIXES A. Comply with ACI 301 requirements for concrete mixtures. B. Prepare design mixes, proportioned according to ACI 301, for normal-weight concrete determined by either laboratory, trial mix or field test data bases, as follows: Compressive Strength (28 Days): 3000 psi (20.7 MPa), for fence footings. Slump: 4 inches (100 mm). Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 6.0 percent within a tolerance of plus 1.0 or minus 1.5 percent. Lightweight Structural Concrete Mix: ASTM C 330, proportioned to produce concrete with a minimum compressive strength of 3000 psi (20.7 MPa) at 28 days and a calculated equilibrium unit weight of 110 lb/cu, ft. (1762 kg/cu, m) plus or minus 3 lb/cu, ft. (48 kg/cu, m), as determined by ASTM C 567. Concrete slump at point of placement shall be the minimum necessary for efficient mixing, placing, and finishing. 2.5 CONCRETE MIXING A. Ready-Mixed Concrete: Comply with ASTM C 94 and ASTM C 1116. CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301 - 2 I I I I I I I I I I I I I I I ! I I I Araiys Design L.A, P.C. Landscape Architects East Marion Park Southold, New York When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C}, reduce mixing and delivery time to 60 minutes. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum-type batch machine mixer~ 1. For mixer capacity of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least one and one-half minutes, but not more than five minutes after ingredients are in mixer, before any part of batch is released. 2. For mixer capacity larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15 seconds for each additional I cu. yd. (0.76 cu. m). 3. Provide batch ticket tbr each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, mix time, quantity, and amount of water added. Record approximate location of final deposit in structure. PART 3 - EXECUTION 3.1 CONCRETE PLACEMENT A. Comply with recommendations in ACI 304R for measuring, mixing, transporting, and placing concrete. B. Do not add water to concrele dunng delivery, at Project site, or during placement. C. Consolidate concrete with mechanical vibrating equipment. 3.2 TOLERANCES A. Comply with ACI 117, Materials." "Specifications for Tolerances for Concrete Construction and 3.3 A. CONCRETE PROTECTION AND CURING General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection, and follow recommendations in ACI 305R for hot-weather protection during curing. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq, ft. x h (I kg/sq, m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface. Curing Methods: Cure formed and unformed concrete for at least seven days by moisture curing, moisture-retaining-cover curing, curing compound, or a combination of these as follows: CAST-iN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301-3 I I I I I I I I I I I I I I I I I I I Araiys Design L.A., P.C. Landscape Architects East Marion Park Southold, New York 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm), and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing per/od using cover material and waterproof tape. 3.4 A. FIELD QUALITY CONTROL Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. Perform tests according to ACI 301. 3.5 REPAIRS A. Remove and replace concrete that does not comply with requirements in this Section. END OF SECTION 03301 CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS) 03301- 4 ACORD CERTIF I TE OF LIABILITY INSUI '-'CE , D^TE( O jAN 27 03 ROY H REEVE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 54, 13400 MAIN RD. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX3~ND OR MATFITUCK NY 11952 ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW. PHONE: 631-298-4700 FAX: 631-298-3850 ~ INSURERS AFFORDING COVERAGE NAIC # INSURED !INSURER A: BLUE RIDGE INSURANCE COMPANY CORAZZINI ASPHALT INC ETAL 'INSURER B: BLUE RIDGE INDEMNITY COMPANY COX LANE PO BOX 1281 CUTCHOGUE NY 11935 I INSURER C: ZURICH INSURER D' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HA~E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERfOD ~NDICATED. NOTW~FHSTANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER ~CCUMENT WITH RESPECT TO WHICH THIS CERTrFrCATE MAY BE ISSUED OR M~Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH j CLAIMSMADE I X ! OCCUR , A ~ O~ER: D~ILI~ BENEF~ C PM000248 FEB 7 03 BA003887 FEB 7 03 \ CU000670 FEB 7 03 WC00t543 FEB 7 03 17222671 JAN 1 03 FEB 7 04 FEB 7 04 FEB ? 04 FEB 7 04 JAN1 04 EACH OCCURRENCE MED EXP (Any One Pereo~) [$ 5,000 PERSONAL & ABV INJURY t~ '~ ,000,000 GENERAL AGGREGATE ~,000,000 i I$ 'E.L EACH ACCIDENT ~ ~0~0,~OO0 [E:~' DISE'e~SE ~OLICY LIMIT DEBCRIPTION OF OPERATIOM~/LOCATION/VEHICLES/EXCLUSIONS ADDED ENDORSEMENT/SPECIAL PROVISIONS TOWN OF SOUll'IOLD INCLUDED AS AN ADDL INSURED ON AUTO AND GENERAL LIABILITY CERI1FICA~ HOI,.DDR i TOWN OF SOUTHOLD 53096 MAiN RD SOUTHOLD NY.t 197t Attention: ACORD 25 (200t/08) AUTHORIZED REPRESENTATNE ~ ~ Ce~ificate # 1806 Thomas A. Dickerson IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGAT ON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights tO the certificate holder Jn lieu of such endorsement(s). ' DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurar(s), authorized representative o~ producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORn) 25-S (7/97~ NOTICE TO BIDDERS INVITATION TO BID PROJECT: ORIENT/EAST MARION PARK State Route 25, East Marion, New York 11939 The Town Board of the Town of Southold will receive bids for famishing all the labor, materi- als and equipment as specified in the bid documents for the construction of the Basketball and Tennis court Project in accordance with the Drawings & Specifications prepared by ARAIYS Design and James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 8th day of May, 2003. All specifications are provid- ed herein: drawings to be attached. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (I) copy of thc Contract Documents. There are no refunds. 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 con- tract, it shall be awarded to the lowest responsible bidden The Town of Southold reserves the right 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 bid- der. Please advise if you intend to bid or not. Dated: March 11, 2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk 1X-4/24/03(685) COUNTY OF SUFFOI~K STATE OF NEW YORK ss: Lise Marinacc. being duly sworn, says that she is the Legal Advertising Coordinator, of the D'aveler l,ffalchman, a pnblic newspaper printed al Southold, in Suffolk County: and that the notice of which the annexed is a printed copy, has been published in said D'm'eler ~r~achman once each wcck /'or ...... /.i...week(k-~ 2~/successively, coml~cing,o? the....Y:. .......... da>' ~f ..... Notary Public Emil) Hamill N()TAR~ PIIBEI(', Stale of Ne~ ~ ork Qualifird in Suffolk County ('ommission expires Ma3 116, 2006 22/04 '03 TITE 08:03 FAX 516 765 $13:5 SOUTHOLD CLERK *** TX REPORT *** 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 4437 Traveler 22/04 08:02 00'36 1 OK 7651756 BI.17~BETH A. NEVILLE TOWN CLE1R~K P~EGISTRAR OF VITAL STATISTICS M_zI.RPJ~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF iNFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nox~b-fork.ne~ OFFICE OF ~ TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAl, TRAVELER WATCHMAN ATT: SACKIE LYNDA M. BOHN 4/22/2003 LEGAL NOTICES FOR PUBLICATION IN 2003 Nm~ber of pages being faxed 1 including cover page If total transmittal is not received, please call 631 765-1800. Jackie: Please ran that legal notice you received yesterday this Thursday, the 24~, just once. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL TRAVELER WATCHMAN LYNDA M. BOHN 4/21/2003 LEGAL NOTICES FOR PUBLICATION IN 2003 ATT: JACKIE Number of pages being faxcd 2 including cover page If total transmittal is not received, please call 631 765-1800. PLEASE ACKNOWLEDGE RECEIPT OF THIS LEGAL NOTICE WITHIN ONE (1) HOUR BY SIGNiNG BELOW AND RETURNiNG BY FAX TO 765-6145, ATTENTION: BETTY NEVILLE. THANK YOU. Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTtLMR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 494 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the construction of a tennis and basketball court at the Oysterponds Park, East Marion. Elizabeth A. Neville Southold Town Clerk 21/04 '03 ~ON 12:15 FAX 516 765 6145 SOUTHOLD CLERK ********************** *** TX REPORT ~]OOl TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 4433 Traveler 21/04 12:14 o1'02 2 OK 7651756 ELIZA~Er~I A. I~rEVILLE TOWN CLERK ~GI~ OF ~T~ STA~STICS ~GE OF~CER ~CORDS ~AG~NT OFFICE~ F~EDOM OF ~FO~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fa~ (631) 765-6145 Telephone (631) 76,5-1800 southoldtown,nor thfork.ne~ OFFICE OF 'rld~ TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL TRAVELER WATCHIVIA1N ATT: JACKIE LYNDA IH. BOHN 4/21/2003 LEGAL NOTICES FOR PUBLICATION IN 2003 Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. .PZEASE ACKNOWLEDGE RECEIPT OF THIS LEGAL NOTICE WITHIN ONE (1) HOUR BY SIGNING BELOW AND RETLTRNINO BY FAX TO 765-6145. ATTENTION: BETTY NEVILLE. THANK YOU. Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATE: RE: FAX TRANSMITTAL TRAVELER WATCHMAN ATT: JACKIE LYNDA M. BOHN 4/22/2003 LEGAL NOTICES FOR PUBLICATION IN 2003 Number of pages being faxed 1 including cover page If total transmittal is not received, please call 631 765-1800. Jackie: Please run that legal notice you received yesterday this Thursday, the 24th, just once. Thank you. gOUTliOLD cI.L~I~ OFFICE OF TFI'E TOWN CLERI~ TO: FROM: DAT£: FAX TRANrELER WATCHlVlA~N ATT: SACKIE 4/Zl/2~3 LEGAL NOTICES FOR PD~I,ICATION Nurober o ?pages being fax.d .._2 including ¢ovgr pagc I'£ total transrnJtra! is not rec~iveO., please call 631 ?c~-1800. NOTICE TO BIDDERS ~oo~ I LN¥1 I'ATION TO BID PRo.r~c-I: OIeA£NT / ~A~T MA~ON P.~ Stnte Route ~$, Enst Marion, New York 11939 Thc Town ~o~rcl or,he Town o£ Sea,hold Will receive bids hr ~fi~hing all of~e malarias ~d cquipmcn~ ~ s~ccified m ~e bid doct~ents fox ~e consm~cLio~ of Lhe p~p~c5 by ~Y$ Dc~i~) a~d J~o~ A, ~chtet, R.A., Sou~otd To~ Depaflmen% Towll Hall, 53095 M~a Roa& Southold, New Yo& 11971, , Bi,t~ will be, mccivcd z.t tllc office oFthe Soathold Town Clerk. Sou~o[d To~ Hall, 5309~ Main Road, Southolg, New Yo~ ] 19~1, until 10-00~,_~t~ -,--~.-- 20~ All ap~d~c~6ons =~ p~o~d lz~rein: draw{n~ to be ~8¢hod. A f~c of tw unty-five dolh~s ($ 25.00), c~$h or che¢k, made payable to 'tho i'owa of Soutl~01c will bc rcq,~r,d fm'oae (1) copy of thc Contract Do~aments. Th~re aro no rcthn<L~. Thi,~ inviratlon 'm bid is not aa of'£~: and ~hall/n no w~y bhtd the Town of' Southold to owatd a contr',~t For p~-forme.nc~ o£th~ pwjoct. ~hould th* Town of Soufl~old decide tu award ~ cm~nact, it shall be awarflcd to/he lowest rc~pomlbl, bidder. T/~e Tow, of' _~outhold reaea'ves the r/gEt to waive any irtfom~aHtie.% and to t~je~t rely or all b~d~, :aid u retaln bld~ For 45 day~ from thc date of receipt. The CONWRACTOR SIIALL ,NOT withdr~w his bid during th/~ period. amotmt ot 5'7, of thc Base Bid Scc~'i~ in the form of a certified check or Bid Bond 9~ the ' ° Bid will be r~q~b'¢d o .*' ~h bidder. Please gdvms ~f)ot /~.~d to bid or aot. Dated: March 11. 2003 BY ORDER. O~ ~ $O[,'THOLD TOWN BOA.KD By: El/zabcth A, N~ville Sou~old To~ Clerk Bas~ball & Tmmis ~ Project: LEC. AI~ NOTICE NOTICE TO BIDDERS INVITATION TO BID PROJECT: ORIENT / EAST MARION PARK State Route 25, East Marion, New York 11939 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of the Basketball & Tennis court Project in accordance with the Drawings & Specifications prepared by ARAIYS Design and James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 8 th May 20 03_ Day Month Year All specifications are provided herein: drawings to be attached. A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. 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 Soathold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the fight 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 ora 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: March 11, 2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Basketball & Tennis court Project: STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~-~ day of ~ ,2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice to Bidders: Orient/East Marion Park opening May 8, 2003, 10:00 am eth A. Neville t. Southold Town Clerk Sworn before m~ais / t~ ~,3dayof ~ ,2003. LYNDA M. BOHN NOTARY PUBLIC, State of NIl ~llll~ No. Ol BO~O'20~ Ciualified ~ Suffolk ~ Term ~ires M~ 8, ~ ~ ELIZABETH Ao NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 494 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the construction of a tennis and basketball court at the Oysterponds Park, East Marion. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 494 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the construction of a tennis and basketball court at the Oysterponds Park, East Marion. Elizabeth A. Neville Southold Town Clerk RESOLUTION JULY 30, 2002 V - 494 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the construction of a tennis and basketball court at the Oysterponds Park, East Marion. RESOLVED that the Town Board of the Town of Southold hereby authorizes Page 1 of 1 Bohn, Lynda : From: McMahon, James Sent: Monday, July 22, 2002 2:12 PM To: Bohn, Lynda Subject: RESOL.doc RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the construction of a tennis and basketball court at the Oysterponds Park, East Marion. Town Board Meeting: July 30, 2002 If you have any questions on the above, please call Jim McMahon at 765-1892 7/23/2002 , ~ , . . . . ,, ,,..., ...,.,. ... . a~ ~ ~ . [~ ~ . ,., ~ . . ,,. ~ ~ .~ ~ ~ ~ ~ : I,,~.':6. ~,,,,~ <.. ,.,,', ~ ~: ~ ~ '".. ' . ~ ~ ~ '<3'.' ',~'~. ,'-<'.~ ~ a~ ,~ ;>~ ~ ~ ' ~' ~ ~ ~ / <~ ~,~ -.. . ~,.- . .- ~_ H / ~ ~:~ G ~ ~ ' ' "- .-., ~ . ~ ' ~--L~-L~ ~_~ / ~o ~ /t, . .,.... ,. , ........ ~< ,. ~ ~ ~ ~ ~ - t ~ ~ ~ ~ , ~. , .,, "~ ~ -'" ~ '-"' ~, ': ~ ~< 6~ .:'''''~''' "' '.v <' ,-,.,,,-.~ ,.-,., (_ ~ / ~ ~ ~ ~ . . : ~ - ; ,':",~ ~ $ ~ m ~ ' ~z ' . 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