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HomeMy WebLinkAboutLaurel School Project Posta§e $ (Endorsement Required) ~ .... Restricted Deliver./Fee (Endorsement Required) Tota~ Postage & Fees ._°_~_~__q°_x___~_°.._.__~___~_~ ....~.in ~ 4 ff Restricted Delive~ is de~Qr~ ¢1 · Print your name and address on Ih.. so that we can return the card to y(, J, · Attach this card to the back of the or (x~ the front if spsoe pen-nits. h-/oz.. 3. Se~ice Type ~'~ertified Mai{ [] ~ J~JJ [;;~egistered [] ~{tJm i f~' ~ ~ Insured Maff ~ C.O~. 4. Restricted Del~ ~ ~001 8547 8833 Receipt 1~ Item 4 If RastYlcted ,Dellvel~ Is desir ac X · Print your name and ~ on tt'e ~'Jf Bpa{:~ psml)tS. _ jj ~ ~ 3811, Febm~ 20~ If YES, enter d~ ~ belO~, r-I No 3. Service Type ~ertified M~I [] Expma~ Malt [~Registered [] [] Insured Mall r"l 4. Restricted Delt~ {Ext~Fee) []'¥e~ 71mOL= .!110 0001 8547 8680 U.S. Postal Service~,, m CERTIFIED MAIL,~, RECEIPT p- ..B (Domestic Mail Only; No Insurance Coverage Provided) ~- L~....,I.~.~I J~ I,.'.t , ,.. ........... .-°.'. ................................. c~,,.,..~. ~ ~ ~! , z~P.~ '~"t-% [~.-~ 0 0 nO ,o SENDER: COMPLETE THIS SECTION · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this can:l to the back of the maiJpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY ~. ~gnatum [] Agent X [] Add~esee B. R~c. elved by ( P~nted Name) C. Date of Delive~ D. Isdallve~yaddmssdiffemntfmmiteml? [] Yes If YES, ente~ daliv~y add~ees bea~v: [] NO ~"Certlfled Mall [] EY4~e~ Mall ~egistmed [] Return Receipt fo~ Merch~nclise [] Insured Mail I-1 C.O.D. 4. Restricted ~e[ivery? (~xtra Fee) [] Yes 2. Article Number T PS Form 3811, August 2001 Domestic Retum Receipt U.S. Postal Service .... CERTIFIED MAIL.., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) .~.'~.~.~'_t. e~...l_n ~. ......................... .~.~ =.,,,,,,,,i,i,~ ~.~,~iii~m.~..=,.~,,~.~,l~ ........ ..,,~. Invitation to Bid Family Service League & North Fork Early Learning Center Child Day Care Center Renovations at the Laurel School This project is funded by the Town of Southold Community Development Block Grant Program Dated: March 29, 2004 Notice to Bidders Town of Southold NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the following Project: Family Service League/North Fork Early Learning Center Day Care Facility at Laurel School Project. The Town Board of the Town of Southold will receive bids for renovations of the Laurel School for a child day care facility, as shown on the drawings and specification in the bid package, including new handicapped restrooms and renovations to classrooms. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York 11971; Monday through Friday from 8:00 a.m. to 4:00 p.m. A fee of one hundred fifty dollars ($150), cash or check, made payable to the Town of Southold will be required to one (1) set of the Contract Documents. There are no refunds. The sealed bids, together with a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 a.m., Thursday, April 22, 2004, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities and reject any all bids and to retain bids for 45 days from the date of receipt in any bid should it be deemed in the best interest of the Town to do so. 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. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. 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. Please advise if you intend to bid or not. All bids must be signed and sealed in an envelope plainly marked "Bid on Family Service League at Laurel School" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Family Service League & North Fork Early Learning Center Child Day Care Center Renovations at the Laurel School Route 25 Laurel, New York Project: Renovations to the Laurel School for use as a child day care center This project is being assisted with funding from the Community Development Block Grants Program, and as such, the performance of all work contemplated under the terms and conditions of these specifications and related documents must conform to certain basic and specific standards and requirements of both the Federal and New York State governments. The requirements for federal funded projects are contained in the following documents. 1. PublicLaw 93-383 2. Labor Standard Provisions 3. Equal Employment Opportunity, Executive Order 11246 4. New Format For Federal Equal Employment Opportunity Bid Conditions 5. Contractors Responsibilities 6. Requirements for Contractors 7. Section 3 Plan 8. Monthly Employment Utilization Report & Instructions for Payroll Form WH-347 9. Contracting Opportunities for Minorities and Females 10. Preconstruction Checklist for Contractors 11. Notice to Bidders & Fair Trade Certification 12. Current Federal Wage Rates If you have any questions on the above or need additional information, please give me a call at 765-1892. INVITATION TO BID Project: Renovations to the Laurel School for use as a child day care center. The Town Board of the Town of Southold will receive bids at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold NY 11971, until 10:00 a.m., Thursday, April 22, 2004. 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 Soutbold reserves the right to waive any informality and 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. Please advise if you intend to bid or not. Dated: March 29, 2004 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to thc approval of the Town of Southold. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shall be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the 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, payable to the Town of Southold. As soon as the proposal price have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications, visit the site and 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 in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southoid Community Development Office 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 i'~ the Invitation' for Bids. Bidders, there authorized agents and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest bidder, if it is in the best interest of the Town of Southold. 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 the 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 Al01 "Standard form of Agreement between Owner and Contractor (Stipulated Sum). The Town will either award the project or reject all proposals received within forty-five (45) days after the formal openings of proposals. The acceptance of 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 (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her request 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 is incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified 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 of 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 there of shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work on the date stipulated in the notice to proceed which will be given to him by the Town of Southold. The contractor shall complete the work on the day specified by the Town of Southold, within a 24 hour period, as set forth in his proposal, but not more than ninety (90) working days. INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW PROPOSAL FORM DATE: Name of Bidder: To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all equipment and materials required to construct, perform and complete the work at: The Family Service League & North Fork Early Learning Center at the Laurel School Route 25 Laurel, New York and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Town of Southold and shall comply with all the stipulations contained therein and he will accept, in full payment thereof as listed below: THE CONTRACTOR SHALL PROVIDE ALL OF THE EQUIPMENT AND MATERIALS TO COMPLETE THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: 1. "Bid on Family Service League at Laurel School (written in words) (written in numbers) We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: 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) NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as fotlows: A. 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 odgin, and will rake affirmative action to insure that they are afforded equal membership oppodunities 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 oppodunities without discrimination because of race, creed, color, or national origin. 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 fodhwith 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 vedfied 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). 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 p~bl~0sal 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 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 pmpesal 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: Replacement & Reconstruction of the Town Hall Roof System Southold Town Hall, 53095 Main Road, Southold, N.Y. 11971 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 T H E A bi E tt I T E C T R I C A bl I ti $ T I T U T E 0 F A R C 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 ~IODIFICATION 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 thc Associated G~meral Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1907 by The American Institute of Acchltects, 1735 New York Avenue, lq.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisioo~ without written permi.~ioh of the .&IA violates the copyright la~v~ s of the United States and will be subject to legal prosecutiotzs. 1~ CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AiA® . ~ 1987 THE AMERiCAR iNSTiTUTE OF ARCHITECTS, t 735 I'IEW YORK A~IXlLIE, N.W., WASHINGTON. D.C. 2~ A201-1 g87 1 INDEX Acceptance of Nonconforming Work ......... 9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.l, 9.10.3 Access to Wonk .......................... 3.16, 6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Additional Inspection~and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Cia]ms for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF TI{E CONTP. ACT ....... 3.3.3,4,9.4,9.5 AdYertL~ement or Invitation to Bid ...................... 1.1.t Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.9 Ail-risk Insurance ................................. 11.3.1.] Appllc~lonsforPlyment .. 4.2.5,7.3.7,92,9.$,9.4,9.5.1,9.6.3, Approvals .... 24, 3.3.3, 3.5, 3.10.2, 3.12.4 throogh 3.12.8, 3.18.3, Arc~tect .................................... 4.1 Architect, l:~finition of ............................ 4.1.t Architect, Extent o f Authority ....... 2.4,3.12.6,4.2,4.3.2,4.3.6, Architect, Limita0ons o f Authorit¥ and Responsibility 3.3.3,3.12.8, Architect's Adriitional Set, ices and Expenses ....... 2.4, 9.8.2, Arch~-'t '1 Admlofltmtlon of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 95 Amhitect's Approvals 2.4,3.5.1,310.2,3.12.6,3.12.8,3.183,42.7 Architect's Authority to Reject Wo£k .... 3.5.1,4.2.6, 12.1.2,12.2 1 Architect's Copyright ............. .................... 1.3 Architect's Decisions .......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, Architect's In.specdons ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect's ln.stfucrions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect '$ Int erpretagorts ................. 4.2.11,4.2.12,4.3.7 Architect's On-Site Observarions ........ 4.2.2,4.2.5,4.3.6,9.4.2, Architect's project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2,3.2.1,3.2.2, Architect's Relationship with Subcont factors .... 1.1.2,4.2.3,4.2.4, Archlt ect's Representations ................. 9.4.2, 9.5.1, 9.10.1 Asbestos .......................................... 10.1 Attorneys' Fees ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts .nd Other C. ontmcta for porUons of the Wod< .............................. 5.2 Basic Definitions .................................... 1.1 Bo6or Ind Machineo/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 Certificate o f Substantial Complctior~ .................. 9.8.2 C~tes for P~yment ....... 4.2.5, 42.9, 9.3.3, 9.4, 9.5.9.6.1, Certificates of In.~pection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance ................. 9.3.2, 9.10.2, 11.1.3 Change Orders, Definition of .......................... 7.2.1 ch.~ges ........................................... Claim, Deflnl$on of ................................. 4.3.1 Claims ~nd Dbputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, Clldm$ lnd 'flm~ Assorflon of C~lms ................ 4.$.6 Clm~ms for Additional T[~e ........... 4.3.6,4.3.9,4.3.9,8.3.2 Clalm~ for Concealed or Unknown Coalitions .......... 4.3.6 Claims for Damages...3.18, 4.3.9, 6.1.1,6.2.5, 83.2, 9.5.1.2, 10.1.4 ~ Subject to Arbitration ................ 43.2, 4.4.4, 4.5.1 Cleaning Up ................................. 3.15,6.3 Commencement of Statutory Llmlta6on Pe~od ........ 13.7 Administration .................... 3.9.1,4.2.4, 5.2.1 COMPt. ETION, PAYMENTS AND ......................9 Completion, Substantial ....... 429.4.3.5.2, 8.1.1,8.1.3, 823, Concealed or Unknown Conditions .................... 4.3.6 Consent, Written .................. 1.3.1,3.12.8,3.14.2,4.1.2, Co~stguc~lofl Chlllge Dks~'thte~ .... l.l.l, 4.2.8, 7.1, 7.3, 9.3.1.1 Contingent A~t~ of Subcomracts ................ 5.4 Continuing Contm~ Pe~mmnce ................... 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7,5.4.1.1,14 Contract Sum ................... 3.8. 4.3.6, 4.3.7, 4.4.4, 5.2.3, Contract Time, Doflrd6oll of_ .......................... $.1.1 ll~A DOCI~IENT A201 · GENERAL CONDITIONS OF THE CONTEACT FOR CONSTRUCTION * ~OURTEENTH EDITION 2 A201-1987 CONTRACTOR ....................................... 3 Contract or, D~ln~tlon o f ........... .............. 3.1,6.1.2 Contractm", Co~st mcgon $¢h~uie$ ............. 3.10,6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18, 4.2.3, C. onlr~-to~ $ LlMgllly Insomnc~ ....................... 11.1 Contractor's Relation.ship with Separate Contractors and Owlaer's Forcc~ ...... 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, Contract or'$ Relatio~ship wit h the Arcbit ect .... 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 Perfoi'ming the Work ................. 3.3.2,3.18,4.2.3, 10 Contractor's Review of Contract Document s ...... 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Work ..................... 9.7 Contra~'toc's Right to Terminate the Cont tact .............. 14.1 Cont facto f's Subrnittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3. Contractor's Superintendent ..................... 3.9, Io.2.6 Contractor's Supervision and Construction PrOcedures ..... 1.2.4, 53, 3.4, 4.Z.5, 8.2.2, 8.23, 10 Contractual Liability Insurance ................ 11.1.1.7, I 1 CopiesFurnlshedofDrawingsandSpecifications ... 1.3,2.2.5,3A1 Correction of Work ............... 2.3, 2.4, 4.2.1,9~8.2, Cost, DefiniOon of .......................... 7.3.6,1435 Costs .... 2.4, 3.2.1,3.7.4, 3.E.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1,5.2.3, Damage to Constn/ction of Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 ~ for Delay .................... 6.1.1, 8.3.3, 9.5A.6, 9.7 l~te of Corc:mcncement of the Work, DefinRion of ......... 8.1.2 Date of SubStantial Comph~tion, Detinition of .............. E.I.3 Day, Deflnitton of .................................. 8.1.4 Decisions o f the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, Defective of Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.l, 4.2.1, Defec0ve Work, Definition of ........................ 3.5.1 D~a~y~ .nd Extensions of Time .......... 4.3.1, 4.3.8.1,43.8.2, 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 thc Site ...................... 3.11 Drawings and Specifications, {Jse and Ownership~of ..... I,l.I, 1.3, Duty to Review Cont tact Docoments and Field Conditions ..... 3.2 Effective Date o f 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 ~nd .......... 1].3, 1.1.6,3.4,3.5.1, Exeoltion and Progress of the Work ...... 11.3, 1.2.3,3.2,3.4.1, Ex~a:flon, ~ ~ Intent of the Contract Documerits ......................... 1~, 3.7.1 Extensions of Time ............. 4.3.1,4.3.8, 7.2.1.3, 8.3, 10.3.1 FaJlnse of Paymens by Contractor .............. 9.5.1.3, 14.2.1.2 Failure o f Paymens by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See EMf¢ctive or Nonconforming Work) Final Compl®tlofl .nd Final Payment ........ 4.2.1,4.2.9,4.3.2, Financial Ar rangemen t.% Owner's ...................... 2.21 Fire and Extended Coverage Insurance ............. 113 GENERAL PROVIS~O~ ............................ 1 C-ove¢~ng I..~w ............................. 13.1 Guarantees (See Warranty and Warranties) Hazardotls Materials ............................ 10.1, 10.2.4 Iderltification of Cootract Docunlents ............... 1.21 Identification of Subconsractors and Suppliers ............. 5.2.1 InfommUon .nd Services Req~l~d of the Owner ..... 2.1.2, 2.2, Injury or Damage to Per, on ~ property ........ 4.3.9 Inspections ........................ 3.3.3,3.3.4,3.7.1,4.2.2, InstrucOons io Bidders ................... 11 1 Instructions to the Contractor .... 3.8.1,42.8, 52.1,7, 12.1, 13.52 Insurance, Effective Date o f ................... 8.2.2, 11.1.2 In~rin~, Owne~l LWa~4y .......................... 11.2 Inl~rlnce, Pro.fry ............................ 10.2.5,11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1.4 ~UFIANCE AN[) ~ONO~ ............................. 11 Insurance Companies, Com~nt to Partial Occupancy..9.9.1, 11.3.11 [nsurallce Companies, Seltlemcnt with ................. 11.3.10 intent of the Contract Documents ................ 1.2.3, 3.12.4, Interest ........................................... 13.6 Joinder and Consolidation of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1,4.5.4.1,4.5.7 Labor and Maten~g% Equipment .... 1. 1.3, I. 1.6, 3.4, 3.5.1, 3:8.2, Labo£ Disputes ..................................... 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1 A, 4.5.5, 4.5.7, Umliatlon on Consolidation or Joinder ................ 4.$.$ Limitat|on~, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION ,, ~ ~ ~ '13tE AMERIGAN INSTITUTE OF ARCHITEC'TS, 1733 NEW YORK AVENUE, N-W., WASHINGTON, D.C. 2OO06 A~01-1~87 3 Limit ations o f Time, Ge~/eral ........... 2.2.1,2.2.4,3.2.1,37.3, Limitations of Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, Lo~ of O~e Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, Materials, Hazardou~ ........................... 10.1,10.2.4 Means, MethoOs, Techniques, Sequence~ and procedures of Construction .......... 3.3 A, 4.2.3, 4.2.7, 9.4.2 Mlno~ Chenge$ Itq the Work .......... 1.1.1,4.2.8,4.3.7,7.1,7,4 MISC~LL.ANEOUS PROVISIONS ....................... 13 Modifications, Defini0on o f .......................... 1.1.1 Modifications to the Contract .......... 1.1.1, 1.1.2, 3.7.3, 3. I 1, Mmu~ neqx.~,ty ............................... 6.2 Noi~onforrning Work, Rejection and Correction of ........ 2.3.1, Notice ....... 23, 2.4, 3.2.1,3~2.2, 3.7~3, 3.7.4, 3.9, 3.12.8,' NOflc~, Written ............ 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, Notice of TegAng and ~ ................ 13.5.1, 13.5.2 Observations, Architect'sOn-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, 11.3.11 On-Site lrtspection~ by the Architect .......... 4.2.2, 4.2.9, 4.3.6, On-Site Observa0ons by the Architect ......... 4.2.2, 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, IoformnHon and $entlm Required of the ........ 2.1.2, Owner's Authority ......... 3.8.1,4.1.3, 4.2.9, 5.2.1,5.2.4, 5.4.1, Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Ownees Liability I~rance .......................... 11.2 Owner's Loss of Use i~surancc ................. c ...... 11.3.3 Owner's Relationship with Subcontractors ....... e...-:.. 1.1.2, Owner's P, lght to Cart7 Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's Right to Olean Up ........................... 6.3 Ownees Right to Per{onn Construction and to Award Separate Contracts ................. ........ 6.1 Owner'e Right to Stop the Wort( .................. 2.3, 4.37 Owner's Right to Suspend the Work . .................... 14.3 Owner's Right to Terminate the Cont tact ................. 14.2 Ownership and Use of Architect's Drawings, Spec~'lcattons &nd Othe~ Documents ......... 1.1.1,1.3, 2.2.5, 5.3 Pltchtog, C~tl~l~g I~1 .......................... 3.14,6.2.6 P~tonto, Ro./lSt~$ ired .............................. 3.17 Peyment, A~ fo~' ............... 4.2.5,9.2,9,3,9.4, Pllym~ Ceflll~ele$ fo f .......... 4.2.5,4.2.9,9.3.3,9,4,9.5, Payment, Final ........... 4.2.1,42.9,4.3.2,4.3.5,9.10, 11.1.2, PaYment Bo~d, Performance nond ·nd ............. 7.3.6.4, Payments, Progress .................... 4.3.4, 9.3, 9.6, PAYMEHTS AND COMPLETION ............. 9, 14 Payments to Subcontractors ............... 5.4.2,9.5.1.3, PCB ................................... 101 Performance Bond a~d Payment Bond ............ 73.6.4, Pefll~l~, Fe~ end Notices ..... 2.23,3.?, 313, 736.4, I02.2 PERSONS AHD PROPERTY, PROTECTION OF ............ 10 Polychlorinated Blphen yl .................. I0.1 Product Data, DefinSion o f ..................... 3.12.2 P~ and CO,fTipletlon .............. 4.2.2, 4.3.4.8.2 Progrese Peyments 4.3.4, 93, 9.6, 983, 9.10.3, 13.6, 14.2.3 Pro}ect, Deful t on of he ........... 1.1.4 Prc~'t blsnual, Definition o f the ................. 1.1.7 Project Manuals ...................................2.2.5 Pro}cci Rep~ent3tives .............................4.2.10 PROTECTION OF PERSONS AND' pROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, Rejection of Work ......................... 3.5.1,4.2.6, 12.2 R¢ieases of Waivers and Liens ........................ 9.10.2 Resolution of Claims and Disputes .................. 4.4,4.5 Reaponsibi]ity for Those Performing thc Work ............ 3.3.2, Retalnage ............... 9.3.1 9.6.2,9.8.3,9.9.1 9.10.2 9.10.3 Conditions by Co~ltractor ............ 1.2.2,3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1, 3.10.2, 3.1 I, 3.12, Review of Shop Drawings, Producl Data and Sample~ by Cont factor ........................ 3.12.5 Roye~es and Petents ............................... 3.17 4 A201-1987 AIA® · © 19~7 THE AM£RICAN INSTFrLrI~E OF &RC&]ITECTS, 1735 NEW YORR AVENUE, N.'&'., WASHINGTON. D.C. 2~ Rules and Notices for Anbltrati<)n ..................... 4.5.2 Safety of Persofls and Proflerty ....................... 10.2 Safc4y Pre~aoHons and programs ........... 42.3, 4.2.7,10.1 Samples, Definition o f ............................. 3.12.3 Samptes, ShopOremtngs, Product Oata and ... 3.11,3.12,4.2.7 Se4nple~ ~t the Site, Documents end ................... 3.11 Schedule of Values ............................. 9.2,9.3.1 Schedules, Construction ............................. 3.10 Separate Contracts and Contractor~ .......... 1.1.4,3.14,2,4.2.4, 4,5.5, 6, 11.3.7, 12.1,2, 12.2,5 Shop Drawings, Definition of ......................... 3.12.1 Shop Driu~lng$, Product D~t~ ind Satt~ole~ .... 3.11,3.12, 4.2,7 ~lte, UI~ of .............................. 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, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's .................4,2.2,4.2,5,4.2.9,4.3.6, 9.4.2, 9.5.1, 9,8.2, 9.9,2, 9.10A, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 $~;lflcl~)l~, Definition o1 the ....................... 1.1.6 ${~-Jf~, Th~ .......... I 1 .l, 1.1.6, 1.1.7, 1.24, 1.3, 3.1 l 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 .......... 6.2.1,9.3.2, 10.2.1.2, 11.3,1.4, 12.2.4 Subcont lact o r, l)~eflflition o f ........................ 5.1.1 SUBCONTRACTORS ............................. 5 Subcontractors, Work by ............... 1.2.4, 3,3.2, 3.12.1, 4.2,3, 5.3, 5.4 $Oboo~t rl~t~al Ilelsg~on$ ............ 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals ...... 1.3,3.2.3,310,3.11,3.12,4.2.7,5.21,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 99.1, 9.10.2, 910.3, 10.1.2, 11.1.3 ~l~O~lOfl, W&lve¢8 of ............... 61.1, I 1.3.5,11.3.7 ~ Col~ole~on ........... 42.9, 4.3.5.2, 8.11, 8:1.3, 8.2.3, 8.11, 9.9.1, 12.2.1, 12.2.2, 13,7 Substa~ltial Completion, Definition o f 9.8.1 Substitution of Subcontractors ............. 5.23, 5.24 substitution of the Architect ........................ 4.1.3 Substitutions o f Materlals ........................... 3.5.1 Sub-subcontractor, Definition of ....................... 5.1.2 Subsurface Con ditlo r~s ............................... 4.3.6 8ocoesso~ ~ml A~gns ............................ 13~ $llp~dl~l~e~ ............................... 3.8, 10.2.6 S~l~m~on ~nd Conatmctkm Procedures ...... 1.2.4,3.3, 3.4, 4.2.3, 4,3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety ............... 4.4.1,4.4.4, 5.4,1 .Z, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... 9.9.1,9.10,2,9.10,3 Surveys ..................................... 2.2.2,3.18.3 Suspens~n by the Owner fo~ Convenience ............. 14.3 Suspension ofthe Work ............. 4.3.7,5.4.2, 14.1,1.4, 143 Susl~nsion or Terminat©n of the Contract ...... 4.3.7, 5.41.1, 14 TIxa$ ...................................... 3.6, 7.3.6.4 T~ by the ~' ........................ 14.1 Termlna~on by th~ Owner lot ~mse ............. 5,4.1.1, 14.2 Termination of the At£hitect ........................ 4.1.3 Termination of the Contractor ....................... 14,2.2 TERMINATION OR SUSPENSION OF THE COHTRACT ...... 14 Test~ ~d Inspactloos ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1, 13.5 TIME ............................................... 8 TIRle Llffi#$ o~ Claims ........ 4.3.2, 4.3.3, 4.3.6, 43.9, 4.4, 45 Title to Work ................................ 9.32, 9.3.3 UNCOVERING &ND CORRECTION OF WORK ........... 12 Uncovedng of Work ............................... 12.1 Unit Prices .............................. 7.1.4, 7~3.3.2 Use of Do~lmeftt$ ........... I 1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use o{ 8lie ........................... 3.13,61 ],6.2 I W~ver of Claims: FIna! P~yment ......... 4.3.$, 45.1,9.10.3 Waiver o f Claim~ by the Architect ................ 1342 Waiver of Claims by the Contractor ..... 9.10.4, 113.7, 1342 Wsiver of Claims by the Owner ............. 4.3.5,4.51,9.93, Waiver of Liens ...................... 9.10.2 Waivers of Subrog2tion ............... 6.1.1, 11.3.5, 1137 43.53, 9.33, 9.8.2, 9.9.1, 12.2.2, 13.713 Weather Delays ........................ 4.3.82 When A~ltmtlon May Be Demanded .......... 4.5.4 Work, Definition of .............................. 1.13 Writ ten Iht erprctations ................... 4.2.11,4,2.12,4.3,7 WrRten Orders .............................. 2,3,3.9,4.3.7, A~A DOC~I~=NT A~01 * GEN~KAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©I987THE AMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W., WASHINGTON. D.C.20006 ............. · ~-~ It.~ ,.,,,~-k~ht la~$ .~xl Is sul:~ct to I~ p,m~on. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS Owner and Contractor (hereinafle~ the Agreement), Conditions of the Contract (General, Supplernenta~ and other Conditions), Drawings, Specifications, 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 ia ti) 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 Al-chitect. 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 between the parties hereto and supersedes prior negotiations, tract may be amended or modified only by a Modification. The 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 entided to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.a ~ wonK 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 f~lP, ll 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 D~AWINGS The Drawings are the graphic and pictorial portions of the Con- showing the design, location and dimensions 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 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 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 Jar with local conditions under which the Work is to be per- lbrmed and correlated personal observations with require. nlents of the Contract Documents. 1.2.3 The intent of the Contract Do~nents is to include all irenzs necessary for the proper execution and completion of the Work by the Contractor. The Contract Dooanents are comple- mentary, and what is required by one shall be as binding as ff 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 divisious, 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 perfomled by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings ate used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND I~E OF/d~HITECT'$ DOCU~W=NTS 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 rn3y retain one contract record set: Heither the contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Dra;~ings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain ail 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, Sob- subcontractor or material or equipment supplier on other proj~ ects or for additions to this Project outside the scope of the 6 A201-1987 ^I^e ~©~987THEAMER~CAN~NST~TUTE~FAR~H~T~TS~735NEWY~RI(A¥ENUE~.W`'WASH~GT~N'D.~.z~ Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a lin}ired license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for ns, e in the execution of their Work under the Contract Documerits. 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 rights. 1.4 cAPrr~w~,TION 1.4.1 Ternts capitalized in these General Conditions include those which are (1) specifically deftned, (2) the titles of num- bererl 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 IHTERPRETATIOH 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 is absent from one statement and appears in another is not intended to affect the interpretation of either statement. AR~CLE2 OWNER 2.1 DEFINITION 2.1.1 Thc Owner is the person or entity identified as such in the A~-eement and is referred to throughout the Conttact Documents as if singular in number. The term "Owner" me,ns 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 tide to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION MID REQUIRED OF THE O~I, IER 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, f~mish to the Contractor ~asonable 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 lYrior to the execution of the Agreement, ';the prospective contractor would not he required to execute the Agreement or to commence the Work.] 2.9.2 The Owner shall fumisb surveys describing physical char~teristles, legal limitations and utility locations for the site of the Project, and a legal description of the. site. 2.2.3 Except for permits and fees which are~he responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- menrs and charges required for construction, use or occupancy of permanent snuctures 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. 2.2.5 Uuless otherwise provided in the Contract Documents, the Contractor will be furnished, free of chacge, 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 al~d especially those in respect to Article 6 (Constroction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 1 (lusurance 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 requital by Paragraph 12.2 or persistently fails to can'T 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 RtGHT TO CARRY OIJT 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 wdtten notice from the Owner to commence and continue correction of such default or neglect with diligence and 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 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 deft- 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 the Owner. ARTICLE 3 CONTRACTOR 3.1 OEFINITION 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. A201-1987 7 3.2 REVEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY COHTRACTOR 3.2.1 The Contractor shall carcfi]lly study and compare the Contract Documents with .~ach other and with information furnished by the Owner pursuarlt to Subparagraph 2,2.2 and shall at once report to the Architect errors, inconsistencies or orrdssions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or on~issions 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 recogn~ed 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 fidd measurements and verify field conditions and shall carefiflly 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 rel:~rted 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 3.3.1 The Contractor shalJ supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over constcuc tinn means, methods, techniques, sequences and procedures and for coordinating ail portions of the Work under 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, and other persons performing 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 wRh the Contact Documents either by activities or duties of the Architect in the Architect's acLminlstrarion of the Contract, or by tests, inspecrions or approvals required or pe~ormed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR ~ MATF.~tALS 3.4.1 Unless otherwise provided in the 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 completio[~ of the Work, whether temporary or permanent and whether or not incorpo~ rated or ro be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's etnployees and other persons carrying out the Contract. The Contractor sllhll not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRAkq'¥ 3.8.1 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- merits, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excIudes remedy for damage or defect caused by abuse, modilk'ations 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 NOTiCE~ 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, l~'r~es and inspections nece~ary 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- t iations concluded 3.1.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on perform;thee of the Work. 3.7.3 It is not the Contzactor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regnla 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.?.6 If tbe Contractor performs Wot~k 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 fi]il 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 the Contractor shall not be required to employ persons or entities against which 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 to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AiA· ~'©~9~7THEAMER~CAN~NsT~TIJTEoFAR~T£CTS~735NEWY~RKAVl~UE.N`W-'WM~NGT~N~D.C'2~ .3 Contractor's costs for unloading and handiitig at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shMl be induded in the Contract Sum and not h~ 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 shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be sImilarly confumed on written request in each case. 3.10 {~I'RAcro~'$ ~$TI~I'ION S(~EDOLE$ 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 ii.nits c~rrent under tile 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 for expeditions and practi- cable execution of the Work. a.10.2 The Contractor shall prepare ~nd 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 reasonable time to review submittals, 3.10.3 The Contractor shall conform to the most recent schedules, 3.11 DOGUMENTS ANO SAMPt. ES AT TI'~ SITE 3.11.1 The Contractor shal~ n'.a~t~n at the site for the ©wn¢= 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 delive~d to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOO DflAWlNO~, PROOOCT DATA ~ 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. 3.12.9 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illnstrate materials or equipment for some portion of the Work. 3.12.$San~ples 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, 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. 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 Docuxnents 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 ArchRect. Such Work shall be in accordance with approved submittals. 3.12.1 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. 3.12.6 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 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 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 which 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 Conttact Documents, the Architect shall be entided to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 US~ O~ 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 AH~ PATCHING 3.14.1 The Contractor shall be responsible for 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 sucL construction, or by excavation. The Contrac- tor shall not cot or otherwise alter such construction by the 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- it/g 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 Proiect 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 cha~ged 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 progre~ wherever located. 3,17 ROYALTIES AHD PATEHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for sudl defense or loss when a pallAcular design, process or prod uct ora 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 infrmgemeru of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 [NDEMNIFICATIOfl 3.18.1 To the fullest extent permitted by law, the Contractc~r shall indemnify and hold hanTfless the Owner, A~chitect, Archi- tect's consultants, and agents and employees of any of them from and against claims, ctamage~, lossc~ and expenses, includ~ lng 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 therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a 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 clahns 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 directious or instructions 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 iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as ff singular in number. The term "Architect" means the Architect or the Azchitec-t'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, mod~fled 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 make~ no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes atising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCtaTECT'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 tmal 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 DooJlt~ents, unless otherwise modified by written instrurnent in accordance with other provisions of the Contract. 4.2.2 The Ai'chiteet will visit the site at intervals appropriate to the stage of construction to become generally famllia~ with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Docta~ents. 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 agatust defects and deficiencies in the Work. 4.2.3 The Architect wlil 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 .4201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons perforating portions of the Work. 4.2.4 Communica~ons Facilitating Contract Admin~stra- t~n. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- 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.$ 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.~ The Architect will have authority to reject Work which does not conform to the Contract ~ts. Whenever the Architect considers it neeessa~ or advisable for implementa- tion of the intent of the Contract Doctu~ents, 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- rect to the Contractor, Subcontractors, material and equipmem suppliers, theft agents or employees, or other persorts perfoma- lng portions of the Work. 4.2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for confomtance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or ir; 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 ins~liafion 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- ta~ shall not relieve the Contractor of the obligations under paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.~ The Architect will prepare Change Orders and Consm~c- tion Change Directives, and may authorize minor cha~ges 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 C~ntract 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 lng perfom~ance 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 res..<onable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which iorerpretatious 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 f~r- 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 Contraotor, will not show pazliaLity 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 ff consisrent with the intent expressed in the Contract Documents. 4.3 ~ ANO D~SPUTES 4.3.1 DeflnlO4m. ^ Claim is a demand or assertion by one of the pariles seeking, as a matter of right, adjustment or interpre- tation of Conrtact terms, payment of money, ex-tension of tinge 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. Clain~s must be made by written notice. The responsibility to substa=qtiate Clams shall rest with the party making the Claim. 4.3.2 Dec~ of ArchltecL Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Aix:hitect 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 be-tween the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of ( I ) 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 Archfiect 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 CIaL'T~ has been referred to the Architect or (5) the Claim relates' to a mechanic's lien. 4.3.3 Time Umlts on C~alm$. 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 C|alm, 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. 4.3.4 Con6nulng Co~tract Periormance. 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 P~ment. The making of fmat 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 4.3.6 Claims for Concealed o~ Unknown Conditlo~. If con- otheswise concealed physical conditions which dLffer 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 by the observing party shall be given to the other party cost of, or time required for, performance of any part of the must be made within 21 days :filet the Architect has given ruination, subject to further proceedings pursuant to paragraph 4.4. 4.3.? ~ ~ Addiq~:l~a! ~ If the Contractor wishes to make ~ 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 is involved for reasons including but not limited to (1) a written ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or {7) other 4.3.8 Claims [or Additional 'Hms and of probable effect of delay on progress of th.e Work. In the case o1 a continuing delay only one Claim is ne. cessary. 4.3.6.~ If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 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 thc scheduled construction. 4.3.9 Injue/or Darn~e to Person or Prop~D/. If either par~y to the Contract suffers injury or damage to person or property because of an act or omission of die 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 RESO~UTION OF CL.AIMS AND iNSPUTES 4,4.1 The Architect will review Claims and take one or more of the following prelimina~ 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, ff any, of the nature and amount of the Clahn. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documents{ion. 4.4.3 If a Claim 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 Clahn or f3) notify the Architect that tile initial Claim stands. 4.4.4 If a Claim h~ not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect wili notify the parties in wtiting 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, noti~ the surety and request the surety's assistance in resolving the controversy. 4.$ ARBffMAllON 4.5.1 Controverr, le~ and Claims Su~aject to Anbitra~on. Any controversy or Claim arising out of or related to the Contract, or thc breach tberenf, shall be settled b7 arbitration in accor- dance with the Construction Industry Arbitration Rules of the Amc~iean Arbitration Association, and judgment upon the ax~u-d rendered by the arbirrator or arbitrators may be entered in any court having jutisdiction 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 derision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitratinn may be commenced when 45 days have passed after a Claim has been rcfesred to thc Architect as provided in Paragraph 4.3 and no decision has been rendered. 4,5.2 Rule~ and Notices for Arbitration. 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 lndustry 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 l:racty 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 Adaitratfon. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Al'b4tralfoll M~/Be [:)emanded. 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 pa~les have pre- sensed 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 :fixer the date on wfilch the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result id the Architect's decision becon~ng final and binding upon the Owner and Contractor. If the Architeet renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro cee'dings unless the decision is acceptable to all parties concerned, 4.5.4.2 A demand for arbirtadon shall be made within thc time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonab[e time after the Claim has arisen, and id 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 Pamgsaph 13.7. 4.5.5 Ll~tfon on Co~ or Jo~, No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or ill any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specffic 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 sBbstantlally 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 arbJLration involving an additional person or entity shall not constitute consent to arbitration ora 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 conffented to by parties to the Agreement shall be specifically enforceable under appli cable law in any court having jurisdiction thereoL 4.5.6 Clahns and Timely Assertion of Claims. A pa~ty* who files a notice of demand for arbitration mnst assert in the demand all Claims then known to that lyarty 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 an~endment. 4.5.7 Judgment off Ftc! Award. The award rendered by the arbitrator or arbitrators shall be final, and judgn~ent may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DERNmON~ 5.1.1 A Subcontractor is a person or entliy 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 "Subcorltractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 3. Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perfoml a portion of the Work at the site. The term "Sul>subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representarive of the Sub~ubcontractor CONTRACTS FOR PORTIONS OF THE WORt( 5.2.1 Unless othc~v~c stated in thc Contract Doenmen~ or thc hidd~g requ~'cments, thc Contractor, ~ so~n as prac tic;ble a~er a~rd of thc Cont~ct~ shaU ~um~ in writing to thc Owner throogh thc Architect ~c names of person~ or enti tics (incindmg those who ~ to gumish matcrials or cqmpment fabricated to a special design) proposed for each pr~cipa] por- tion of the Work. Thc Architect w~] prompily reply to the Con .~*chiteet, z[ter duc thves~83rion, has reasonable objeetion to any sttch propo~'d person or entity. F=Uure of the Owner or Architect to reply prompd¥ shaU cous~m~c ~o~k:c of no reason- able objeetion. 5.2.2 Thc Contractor sh:d] not contract ~th a proposed per- son or entity to whom thc O~mcr or Archirect h~ made rea- sortable and tlmcl7 objection. Thc Contractor shall not be made reason;hie objection. 5.2.3 if thc Owner or Architect has rcasomb]c objection to a person or entity proposed by thc Contractor, thc Contracto; reasonable ohjeetion. Thc Contract Sum shal~ be increased o; dccreased by thc di~crenee in cost occ~ioned by such chan;c and an appropriatc Changc Order ~ be issned. HowcvcL no increase in thc Contract Sum shaJ] be 3Uowed for such change unles~ thc Contractor has acted promptly and ruspon$ivcly io submitting names as required. 5.'-}.4 The Contractor shall not change a Subeontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such chart_ge. AiA® ~©~987TH£AMER~CAN~$T~TUT£~FARCHITECTS~735~qEWY~RKAV~NUE~N-W~ASHl~GT~N'D-C.2~ R~01-1987 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 hound 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 rile 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 CO~ AS.,.eSG~NT OF SU~CTS 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 .~' assignment is subject to the prior right~ 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 Subeontractor's compensation shall be equitably adjusted. ARllCLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD Src. PARATE CO~TRACTS 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 inciu~g those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is lnvulved 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 ~sed 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 fights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding other~, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAl. RESPONSIBIUTY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introducti(m 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 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 Thc 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 contvactors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a sep-m'ate 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 OW'HER'S ~ TO Ct.F-AH UP 6.3.1 If a dispute arises among the Contractor. separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- lng area 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 ARTICLE 7 CHANGES IN THE WORK 7,1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of th~ Contract, and without invalidating the Contract, by Chmage 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 .~' A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Copstmction 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 provbioos 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- stmction Change Direx:tive that application of such unit prices to quantities of Work proposed wfl[ cause substanda/ineqdi~y to the Owner or Contractor, the applicable unit prices shall be equitably adjusted, 7.2 CtlANGE O~DE. RS 7.2.1 A Cha~ge Order is a written instruff~ent 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 amounl of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.~' Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 COfls'rPAJCTIOfl CHANGE D~RECTIVES 7.3.1 A Constmcfion Change Directive is a wdtten 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 Di~ctive, 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- tact Time being adjusted accordingly. ?.3.2 A Constroctinn 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 tLxed 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 dctemfining the pro- posed adjustment in the Contract Sum or Contract Time. ?.3.~$ A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, inchid- lng adjusnt~ent in Contract Sum and Contract Tinge of the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order, 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purpo.~ 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 .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incocporated or .a rental costs of machinery and equipmem, 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 sin~ilar taxes related to the Work; and .r; additional costs of supervisinn and field office person- nel directly attributable to the change. 7.3.7 Pending Final determination of cost to the Owner, antounts 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 Suni shall be actual net cost as con- ftrmed 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. 7.3.6 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- ntination made by the Architect concerning the adiustments 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- tinn of an appropriate Change Order. AIA® · 01987 THE AMERICKN INS'FI'lUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC. 20006 ~0.[-T~ '[5 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. AR~CLE8 TIME 8.1 DF. FINIT1ONS 8.1.1 Udiess 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 thc 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 COMPt. ETION 8.2.1 Time limits stated in the Contract ]~ou~nts ~r¢ of thc c~ucc of thc Contract. By ¢×ecming thc Agreement the Con tractor confirms that tile Contract Time is a reasonable period for perforating the Work. g.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of tile Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article t 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 esrabEshed 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, g.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 8.3.1 if thc Contractor is delayed at :my rime in progress of the Work h¥ an act or neglect of the Owner or Architecx, or of an employee of either, or of a scpasate contractor cmpinyed b7 the Owner, or by changes ordered in thc Work, or by labor disputes, i~re, unnsu.*d delay in deli¥cries, unavoidable casualtl~ or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbit[ation, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 3.3.2 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 rec~overy of dam- ago for delay by either pa~y under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement a.qd, 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 SCHEDOL.E OF VALUES 9.2.1 Before the fast Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such fom~ and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to hy the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOF~ PAYMENT 9.3.1 At least ten days before the date esrablisbed 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 value. 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 Docnments. 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 doe~s 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- poration in the Work. If approved in advance by the Owner, payment may similaxly Be made for materials and equipment suitably stored off the site at a location agtL~ed upon in writing. Payment for materials and equipment stored on or off the site 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 otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site~ 9.3.3 The Contractor warrants that tide to all Work covered by an Application for PaYment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interes~ or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4,1 "l'ne Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 ^t^o * ~) 19~7 TH£ AMERICAN INST1TLrTE OF ARCmTECTS, 1735 NEW yORK AVENUE, N.W., WASHINGTON, D.C. 20006 Owner a Certificate for Payment, with a copy to the Conuac- tot, for such amount as the Architect deterrc~e~ 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 9.51. 9.$,.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to th~ Owner, based on the Architect's observation~ at the site and the data comprising the Application for Payment, that the Work l~s 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 Docutne~ts correctable prior to completion and to specific qualifications expressed by the Architect. The ~ssuance of a Certificate for Payment will fi~rther 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 poqgose the Contrac- tor has used money previously paid on account of the Contract 9.5 DECtSIONS TO WITHHO{.D CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Cer[ificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.42 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 aroount 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 subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the ArchRect's opinion to protect the Owner from io~ 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 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; .6 darnage 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 datuages for the anticil~red delay; or .7 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 ArchRect. 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 soch 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 Subc:ontractor's portion of the Work. The Contractor shaH, 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, ff practicable, information regarding percentages of com- pterion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tious 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. 9.6.6 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.63 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or paniai or entire use or occupat~cy of the Proiect by the Owner shall not constitute acceptance of Work not in accord~lce with the Contract Documents. 9.7 FAILURE OF PAYMENT g.7.1 If the Architect do~ ~ot bsue a Certificate for Payment, through no fault of the Cont~ot, with~ ~v¢~ days :diet receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days aPter 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 additior~al days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. 'I'he Contract Time shall be extended-appropr/ately and the Contrac~ Sum shah be increased by the amount of the Contractor's reasonable costs of shut<lown, delay and start-up, which shaH be accomplished as provided in Article 7. 9.$.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- cienily complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended 9.6.~ 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. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- A201-1987 17 nated portion thereof is substanfially 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 requiremenLs 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 Ar-chitect. 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 Oate 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 fLx the time within which the Contractor shall finish all items on the list accompanying the Certificate. Wasranries 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.g.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Ownec 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 rially 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 consenteri to by the insurer as required under Subparagraph 11.3.11 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, matntenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for Cdr* 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 ps.iai 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.~' 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, part'~ occupancy or use of a portion or portions of the Work shall not constitute accep- lance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND F~HAL 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 such inspection and, when the Architect finds the Work accept- able under the Contract DocumenLs and the Contract fully per- rom/ed, 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 remairfing 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 Docusner~ts 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 estab~hing payment or satisfaction of obligations, such as receipts, releases a~ld waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such lorn} as may be designated by the Owner. Ifa Subeon tractor refuses to furnish a release or w~ver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien rems/ns unsatisfied a~er payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 IL after Substantial Completion of the Work, final com- pletinn thereof is materially delayed through no fault of the Contractor or by ~ssuance of Change Orders affecting final completion, and the Architect so conf'ffms, the Owner shall, upon application b~, 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 retalnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance duc 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 .~.0~ -~ ~87 AIA® ¢' © 1987 THE AMERICAN INSTITLrl~E OF ARCHITECTS, 1735 NEW YORK AVENUE, N-W-. WASHINGTON, D.C.2~ ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAH= ~ 'Y pRECAUTIONS AND PRO~ 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervising all safety precautions and programs Jn 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 polychlorinared 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 Cor~tractor 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 ashesto5 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 potychlorinated biphenyl (PCB), 10.1.4 To tile fullest extent permitted by law, the Owner shall indecnnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and agalrist claims, damages, losses and expenses, includ lng but not lin~ited to attorneys' fees, arising out of or resulting from performance of the Work in the afl<ted area ii' 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 the Work itseil) 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, regardie~ of whether or not such claim, damage, loss or expense is caused in pan 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 pmly or person described in this Subparagraph 10.1,4. 10,2 SAFETY OF PERSONS AND Pf~OPERTY 10.2.1 The Comractor shall take r~L~onahle precauliOns for safety of, and shall provide reasonable protection to prevent d:unage, injury or loss to: .1 employees on the Work and other persons ,who may be affected thereby; .2 the Work and matesi~s and'equipment to be inco~- rated therein, whether in storage on or off the site, ut~des ~e, cnstod¥ or control of the Contractor or .3 other propeny at the site or adiacent thereto, such as trees, shrubs, lawns, walk~, payments, roadways, sm~.~n~s and u~ti~s not d~n~t~l for r~noval, relo- c~doo or repl=c~ment in fl~ cour~ of 10.2.2 Tbe Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities beating 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 m~d 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 X,Vhen use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor sb;dl exercise utmost care and carry on such activities under supervision of properly quali0ed 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 emp[oyed 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 3.1 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 The Contractor shall not load or permit any pan of the construction or site to be loaded so as to endmlger its safety. 10.3 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 sh~dl be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S I. IABILITY 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 similar employee benefit acts which are applicable to tl~ Work to be performed; .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; .al. claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .$ claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop~ erty, including loss of use resulting therefrom; .$ 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 .? chims involving contractual ~bility insunmce appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.~' 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 clairns-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- raided after Final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement o1 thc 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 to the Owner. If any of the foregoing insurance coverages are required to remain in force after fu~ payment and are rezson~ ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9A0.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable prompmess in accordance with the Contractor's information and belief 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 doom 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 INSURAH~ 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 co$t basis without vol- untary deductibles, Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons a~l entities who are benet'aziaries of such insurance, until final payment h~ been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest hl the property required by thi~g Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subeontractors and Sub-subcourractors in tile Work, 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fil'e and exlended coverage and physical loss or damage including, without duplication of coverage, theft, vaaldalism, 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 lfthe 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 ConmK'tor 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 0amaged by the failure or neglect of the Owner to put~ chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all 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 anaounts so identified or ff the Owner elects to p~chase this insurance with voluntary deduc- tible amount~, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract DooJn~nts, the Owner shall pay costs not covered becat~se of deductibles 11.3.1.4 Unless otherwise provided in the Contract ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit,, 11.3.2 Bo~ler ~nd Machln~ Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contracl Documents or by law, which shall specifically cover such insured objects during installation and until final aceepmnce by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be ni~rned insure(ts. 11.3.3 Loss o! 1,1~ Insur~m~, The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 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 Contractor by appropriate Change Order. 20 A201-1987 11,3.5 If durLqg the Project constmctinn 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 policie~ 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 cove~ed by this separate property insurance. All separate policies shall provide this waiver of ~t!bcogatio~ by endorsement or otherwise. 11.3,6 Before an exposure to loss may o~cur, the Owner shall tile with the Contractor a copy of each policy that include~ insunmce coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defuai- tions, exclusions and endorsements related to this Project, Each pohcy 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 S~b{o{~. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subeonmactors, 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-subeontractoss, 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 consuftanrs, separate contractors described Lq 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- erated herein. The policies shall provide such ~,raivers of subrc> gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.$ & lo~s ff'~xred under Owner's property insurallCe shall be adjusted by the Owller as fiduciary and made payable to the Owner as fiduciary for the insureds, a.s their Lqterests may appear, subject to requh-ernents of any applicable mop. gee 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 loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall he charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shaft dism'bute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award ~n 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 upJess one of the parties in ioterest shall object in writing within five days a~ter occurrence of lo&s to the Owner's exercise of this power; ff 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 Lq 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 shaft take reasonable steps to obtain couseflt 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 PERFOf~4ANCE 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 poreutial beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contr-actor 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 I.~ICOVERtNG OF WO~K 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 io writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to irs being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Ovnser. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 ~q~4::TK~ OF WOrK 12.~.1 The Contractor shall promptly correct Work rejected by the Architect or failing to Conform to the requirements of the Contract Documents, whether observed before or after 5ubstandal Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work. indudLqg additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. t2.'~.2 If, within one year after the date of Substamlal Comple- tion of the Work or designated portion thereof, or after the d,4te ..... ~ · ~'~ muu · U~UlCAN INSTITUTE OF ARCmTECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 A201-1987 21 paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Doctanents, 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 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 actfial performance of the Work. This obligation under this Subpara~:,raph 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- cover./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 Contra~or's expeiL~. If the Contractor do~ 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, a~er deducting costs and damages that should have been borne by the Con tractor, including compensation for the Architect's services and expens~ 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 tleficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged constnsetion, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. F~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 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 r~moval 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. ARTICt. E 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 Thc Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCF. SSORS AND ASSK~NS 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, a.,~igrts 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 ass~ment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract, 13.3 WRITfEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served ff delivered in person to the individual or a member of the fnTn 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 shall constitute a waiver of a right or duty afforded them under the Contract, nor shaft such action or failure to act constitute approval of or acquiescence in a breach thereunrier, except as may be specifically agreed in writing 13.5 TESTS AND IN,.~a~CTIONS 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 pubUc anthoritlea 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 pubgc authority, an.d 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.$.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 ArA' * ~ 19B7 THE AMERICAN INSTITUTE OF ARCHITECT~, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2~ The Owner shall bear such coots 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 teathxg, 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 requh-ed by the Contract Documents, the Architect will do so promptly and, where practicable, al the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made prompfly to avoid unreasonable delay in the Work. 13.6 IN'I--v-REST 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 ti[ne at the place where the Project is iocated. 13.7 CO~MF_.NCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Core,eton. As to acts or f~ures to act occurring prior to the relevant date of Substan- tM Completion, any applicable statute of limitations shall ~ to nm and any afieged canse of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; cato for Pwment. A~ to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Ce~ifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deer~ed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After ~aal Certificate for Payment. As to ac~ or failure~ to act occmring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limRations 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 pursttant to any warranty provided under paragraph 3.5, the date of any correction of the Work or failure to correct the Wock by the Contractor under Paragraph i2.2, or the date of actual commission of any Ot~er 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 issuance of an order of a court or other public author_ fiy having jurisdiction; .2 an act of government, such as a declaration of national emergency, ma~ing 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 ff 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 bey of days scheduled for completion, or 120 days in any 3654ay 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. I. 14.1.'} If one of the above reasons exists, fire Contractor may, upon seven additional days' written notice to the Owner and bachitect, temtinate the Contract and recover from the Owner payment for Work execmed and for proven loss with respect to materials, equipment, tools, and constmcrion 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 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 'TERM~ATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the ContractOl': .1 persistently or repeatedly refuses or faits 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 pe~Astently disregards laws, ordinances, or rules, reg- uiatinns 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 ex.ts to ins- AIA~ * © 1987 THE AMERIC~'N INSTITUT£ OF ARCHITECTS, 1735 NEW YORK AV~r-NUE, N.W-, WASHINGTON, n.c. 20006 A201.1987 23 tify such action, may without prejudice to any other rights or rernedim of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- mate 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, tool~, and construction equipment and machin~ ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- g~ph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner tenninate~; the Contract for one of the reasons stated in Subparagraph 14.2. I, the Contractor shall not be entitled to receive further payment ~ntil the Work is finished. 14.2.4 If the unpaid baiar~e of the Contlact Sum exceeds costs of finishing the Work, includLqg 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 Thc Owner maT, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine, 14.$.2 An adjustment shall be made for increases in the cost of 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. 14.8.$ Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 ~^o ~©~9~7THEAME~C~N~NsTITLr~FAR~HlTECTS~735NEWY~RKAV~U£~N~w~wASHlNGT~N'D~C-2~6 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 fumish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .2 .3 Comprehensive General Liability (Including Premises Operations; I.ndependent 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: GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid (dollars) by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20 and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Prevailing Wage Rates ATACHMENT WAGE DETERMINATION FOR Family Service League & North Fork Early Learning Center Child Day Care Center at the Laurel School This project is funded with Federal funding through the Southold Town Community Development Program JOSEPH T. SANSEVERINO CO~'IMUNITY DEVEI~OPMENT DIRECTOR ¥ OL~5'T¥ OF SUEFOL~ COUNTY EXECUTIVE OFFICE OF COMM1JNFFY DE'¢ELOPMENT TO: FROM: DATE: RE: Alt Consortium Members Oiga V. Turner, C.D. Specialist q. March 18, 2004 Federal Wage Rate Schedules Enclosed please find a copy of the Federal Wage Rate Schedule # NY 02-13 with Modification #1 issued February 27, 2004. This schedule is to be used for all Community Development projects in excess of $2,000.00 and should be inserted in both bid documents and contracts. Any previous wage rate schedule is now obsolete and should be discarded. If you have any questions regarding the above, please do not hesitate to call me at 853-5705. OVT:ovt Enclosure Construction Types: Building, ~eavy, Highway and Residential Co~nties: Nassau and Suffolk Counties in New'~.J-r'-,.. BUiLDiNG CONSTRUCTION P~OJECTS, RESIDENTIAL CONSTRUCTIOB PROJECTS (including single family homes and apartments up te and including 4 stories), HEAVY CONSTPUOTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 06/13/2003 1 02/27/2004 ASBE0012-001 01/01/2003 Rates Frinces Asbestos Workers/insulator SCOPE OF WORK: includes application of all insulating materials, protective coverings,coatings and finishing to all types of me2ha~al systems ....... S 37.46 21.29 Rates Boilermaker .................... $ 39.50 Princes 24.40+~ ~. ~A[D HOLIDAYS~ New Year's Day, Thanksgiving Day, Memorial 0e%'. irdependence D~,,. iabor Sa? and Good Friday, Friday CARP074,~-06! 61/01/2003 ~ringes 28.59 CARP1456-089 01/01/2003 Fringes Carpenters: DIVERS TENDERS .............. $ 32.40 DIVERS ...................... $ 43.80 DOCKBUILDERS ................ $ 35.67 PAPERHANGERS ................ $ 23.88 PILEDRIVERMAN ............... $ 35.67 8OF~ FI,OOR LAYERS ........... $ 37.36 24.70 24,70 24.70 10.48 24.70 24.70 CA/~P1536-001 07/01/2002 Pates Carpenters: TIHBERMEN ................... $ 32.61 24.70 ELEC0025 00i 05/03/2083 Rates Frinqes Electrician .................... $ 41.00 21.98 Rates Haintenance Unit ............ $ 32.30 Telephene Unit .............. $ 27.69 W~ring or single or dwellings a~d 35.6%+2.93 Document Retrieve! Page 3 of 10 railroad employees) %verhaal ~nd Underground transmission/distribution line work. Fiber optic, telephone cable and equipment; Groundman ................. $ 17.50 Heavy Equipment Operator .................. $ 23.33 Splicer ................... $ 33.10 Tree Trimmer .............. $ 20.85 6.08 6.99 10.39 6.98 ELEV0001-002 07/01/1998 Rates Fringes Elevator Mechanic Modernization and Repair .... $ 28.576 10.655+a New Construction ............ $ 34.415 10.805+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, L4nco!n's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Co!~bus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. PAID VACATION: Employer contributes 8% of regular basin 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. * ENGi0138~001 06/01/2003 GROUP ] ..................... S 37.78 GROUP 2 ..................... $ 3S.81 GROUP 3 ..................... $ 34.51 GROUP 4 ..................... S 31.8'/ G~OUP 5 ..................... $ S0.55 23.29+a 23.29+a 23.29+a 23.29+a 23.29+~ NOTES: Ae tel P 3. ~0 Level B Z.bO GROUP l: Asphalt spreader, baskhee crawler capacity over cater- pillar 225 and lomatsu 30{), Boiler {thermoplastic), Cherry picker, over 50 tons, C~! er n~xim spreader, concrete pump !with oiler), crane (crawler truck}, crane {on barge), crane ($ton~ setting), crane (s~ructu~a! steel), cra~e (with clam shell), derrick, dragline, dredge, gradall~ grader, hoist (3 drum), loading machine (bucket) cap of l0 yds or over micro-trap, with compressor (negative air machine}, milling machine, large pile driver, power winch, S~o~e setting~structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry ail, scraper in tandem shovel, sidehoom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi}, dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn), mulch machine (machine-fed}, power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine)~ roller, (asphalt), scoop (carry-all scraper), fcwer crane (maintenance man), trenching machine GROUP 3: Cemrpessor (structural steel), Compressor {2 or more in battery), concreYe finishing mchine, concrete spreader, conveyor, curb machine (a~phalt or concrete), curing machine, fireman, hoist (1 dtum), micro~t~ap, (self contained, negative air machine), pump (4 inches or over}, pump (hydraulic}, pAmp (jet), pump (s~mbersible), pump {well point}, pulvi-mixer, ridge cutter, roller (dirt}, striping machine, vuc-a!~, welding and burning, weldin~ machine (pile ~ork}, welding machine (sEr~=cturaI steel} GROUP ~: Compressor, compressor {on crane), compressor (pile saw o~ cutter, forklift (walk behind, power operated). generator-pile work, generator, hydra hamn%er, mechanical compac~crs {hand operated), oiie~ (truck crane), pin puller, action diapngrgm), p~Amp (gpsum), trench machine (hand) , welding machine mixer (with s{ip}, mimer {2 small with or without skip), mixe~ (2 %ag or over, with o~ without skip), mulch machine, · ENGi%i.i$-312 5%/qi/{,303 Document Retrievai Page 6 of ~0 including jib) 150-2~9 ~t .75 including jib) 350 ft 1.50 Front end loader 10 yds and above Oiler on t¥~.Ik cranes with boom length of i00 f~. er more .25 .25 FOOTNOTE: a. Paid Holidays: New Years Day, Lincnln's Birthday, Washington~s Birthday or Presidents Day (in iiew ef Lincoln's or Washington's Birthday, Good Friday, Memorial Day, independence Day, Labor Day, Columbus Day, Veteran's Da}', Thanksgiving Day, Christmas Day or days celebrated as such. A~y holiday Ehat falls on Saturday will me celebrated on Friday. POWER EQUIPMENT OPEP~TOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiiler 225 and komatsu 300), boiler (thermoplastic), boring machine (post hol~), cgherry picker (over 50 ton), CMi or maxi~ spreader, concrete pt~p, w~th o~]er, crene (crew!er truck), cuane (on barge), crane (stone setting) crane {structural steel}, crane (with clam shell), derrick, dragline, dredge, gradal!, grader, hnist (3 dr~uls)~ loading machine (bucket) capacity of 10 yepds or over, micro-trap (with compressor-negative air machine), milling machine (large), piledr~ver, power winch (stone s~tting structural steel), power winch (truck mounted/sto~e steel}, power house, road pa~er, scoop, carry all (scraper in tandem), shovel, sideboom t£acter, sideboom tractor (used in tan~ worK), ston~ GROUP 2: Build.D£e~, Backhoe, Rmom Trhck, Boring ~achine/aegur, Cnerrypic~er, Conveyor (m~iirl/, Dinky Locomotive, Forklift, Hoist {2 drum), Leading Machine, Loading Machine {front e~d}, Hechanicai Compactor (machine drawn), Hulcn ~aclgne (machine- fed), Po~ez Winch {o~her tha~ stonezsEruc~ra] ste~i), Power Wi~ch (~r~cK mounted/ether than stone steel}, p~mp Hydrau!{c (wi~h boring machine}, Rolie2 (asphalt), Scoop (carry-ail, scraper}, Tower Crane (maintenance man}, Trenching Machine, Vermont Cutter, Work Engi£~eer ~-lm±_! equipment} , NainEenanc=. engineer GPOUP 5: Patching Saan~ [on site of Grinder, Mixer (with skip), Mixer (2 small with or without skip)~ Mixer (2 bag or over, with or without skip), Mtllch Machine, Oiler, Pump {centrifugal, up to $ 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 IRON0046-003 07/01/2001 Pates Fringes Ironworker METALLIC LATHERS ............ $ 36.50 21.42 IRON0197-001 01/01/2003 Rates Fringes I~onworker STONE DERRICK~N ............ $ i{5.76 27.75 IRONO36!-001 01/01/2003 Rates Fringes Ironworker (STRUCTURAL} ........ $ 35.50 3%.7q Rates Fringes LABO0966 001 07/'01/2001 BUiLDiNG Rat== Fringes Labo~ers .................... ? 74.90 Plaoterers t~nders .......... $ 24.09 WAIS Document Retriev¢,i Re-sprai Fireproofing, arc ......................... $ 23.88 ¢ 3'-, LABO1298-001 06/01/2002 HEAVY & HIGHWAY Rates Fringes Laborers: Asphalt Rakers; Formsetters ................. S 28.12 Asphalt Shovelers, Roller Boys & Tampers ....... $ 27~50 Regular Laborers ............ $ 25.23 FOOTNOTES: 14.82+a 14.82+a ~4.82+a Laborers working in a hazardous material hot zone shall receive an additional 20% premium. Where the contract provides for night wo~k outside the regular hours of work, the employees shall be paid at straight time plus a 20% night work promium for the 8 hours worked during the night. Firewatch work performed after regular heus shall ~e paid an additional 105 premi'~. Second and Third Shift work will be paid at a 105 premium,. PAIN0009-002 05/0i/2002 Pates Fringes Finishers ................... $ 30.25 Spray, Scaffold, Sandblasting ................ 20 ft), Sandblasting ...... $ 53.25 15.42 PAiNi 974~002 07/03/2002 WAiS DocL'ment RetrievaJ Page 8 of '!0 Rates Plumber BUILDIN© CONSTRUCTION: ...... $ 38.28 RESIDENTIAL CONS?RUCTION: ............... $ 17.15 Fringes 18.93 5.70 PLUM0838 00] 01/01/2003 Rates Fringes 2.55 Plumber SERVIUE FITTERS ............. $ 26.30 SPRZNKLER FITTERS, STEAMFITTERS ................ $ 38.32 26.07 Service Fitter work shall consist of all repair, service and maintenance work on domestic, commercial 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 assem&)ling for all machines ,or domestic, commeIcial and industrial refrigeration, air coz~ditio~ing and heatinq apparatus. Also, work shall incqude adjusting, including capacity, adjustments, checking and repairing cr replacemen% of all controla and start up of all machines and repairing al1 defects that may develop on any system for domestic, com~ercia! and industrial refrigeration and all air conditioning, air cooling, stoker and oil burner apparatus Rr!O~01 ~ 4-~01 10/01/2000 Rates Reo£er ......................... S 27.50 SHEE~10~8-002 08/!}1/2002 Rates Fringes Sheet metal worker ............. $ 37.17 24.13 } ,,'-! ¢/-? a0a BUILDING CONSTRUCTION: ...... $ 38.28 RES2DBNTIAL CONSTRUCTION: ............... $ 17.[8 !8.93 PLUM0638 00l 01/01/2003 Sates FrJnges 2.55 Plumber SEOVICE FITTERS ............. $ 26.30 SPRINKLER FITTERS, STEAMFITTERS ................ $ 38.32 26.87 Service Fitter work shall consist of all repair, service and maintenance work on domestic, commercial and industrial refrigeration, air conditioninq and air cooling, stoker end oil burner apparatus and heating apparatus etc., including but not exclusively the charging, evacuation, leak testing and assembling for all. machines for domestic, c,l,r~ercial and industIial refrigeration, air conditioning and heating apparatus. Also, work shall 4nc!ude adjusting, ~ncluding capacity, adjustments, checking and repairing or replacemen~ of all controls and stazt up of all machines and repairing all defects that may develop on any system for domestic, commercial and industrial refr~gerati,~n and all air conditioning, air cooling, stoker and oil burner apparatus and he~Eing apparatus ~egardless of size or type. ROOFO15~-00! 10,/~i/20~i:) Roofer ........................ $ 27.5C Fringes SHEE00{!8 002 08/01./2002 Truck driuers: an employee will receive one day vacation with pay, maximum cu~lif~es for two weeks (10 d~ys) vacation or more with pay and who has been continuously employed by his employer for weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay WELDERS - Receive rate prescribed foz craft performing operation to which welding is incidental. Unlislel classifications needed for work not included within the scope cf the classifications ]ished may be added after award only as provided in the labor standards co~tract clauses {29CFR 5.5 (a) (1} (ii)}. In the listing above, the "SU" designation means that r~tes listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations DETERMINATION APPEALS PPOCESS i.) H~: there been an initial desision in the matter? This can ax ~'{isting published wage determination I ~urvey underlying a wage determination a ~ age aPd Hour Division lettez sethinq forth ~ Nls~tJ©n On (S~.e 2° CFP Part ] .8 and 29 CFR Part 'l} . Write Wage and Hour Administrator END OF GENEP~L DECISION 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: ('l) 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. (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: PJ-J:~ddad, bcay. e.y.~, 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 1.12.1~05.4 Report.~ and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) (2) (3) (4) 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). 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. 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. 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 3racticable after it occurs. 1-12.805.4 Reports and Oth~-r Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, 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. ( 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 con~tr,ction 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 ~ 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 1-112 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. 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. Fo 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. Ho 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. 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; (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. 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 NONSEGRFGATED 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): PAYROLL CERTIFICATION FORM 1. That I pay or Supervise the payment of the pe~ons employed by on the ; that during the payroll period commencing onthe dayof ,.20 , and ending the dayof , 20._~, all persons employed on said project have been paid the full weekly wages earned (,.~q~ ~ nc~*d C=~um~ 10- to~ e~ ~ that no rebates have been or will be made either directly or indirectly to or o~ behalf of said contractor, from the full weekly wages earned by any perso~ and that no deductions have been made e~ther directly or Indirectly from the full wages earned by any pemon other than permissible deductions as defined by Regulations Issued by the New yo~k State Department of Labor. If any wages are unpaid, as reported in Column t0 on the front of this fon'n, explain below: State ap~eshlp ageflcy r~ by the New Yo~ Bureay o~ Appemticeshlp afld Tralfl~ Department o~ ~ ~d ~1 (b). WHERE FRINGE BENEFIES ~ PA.IO IN CASH Each Jabots, Idecha~lc, ~ sld~led m*d sem~klbd labo~- ~ appfl~ce lls~ed iff the above mf~eflced paym4{ (c). EXCEP~ONS (NOTARY & SEAL) ~ 0 ~ 0 (~ 0 ~0 m PROJECT SPECIFICATIONS - GENERAL REQUIREMENTS Summary of Work Work Covered by the Contract Documents The work in this project includes the construction and renovation of restroom facilities and improvements to existing classrooms. The contractor shall be responsible for all debris generated under this contract. The contractor shall be responsible for the protection of all existing building features and site improvements. The contractor at his/her cost shall repair unnecessary damage caused by the construction activities to existing facilities. All work shall conform to the specifications provided herein and shall meet the minimum requirements and specifications of all manufactures. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment, water, heat utilities, transportation and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. This contract includes all work necessary for the completion of the job. In the event that anything reasonable,_necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they severally described, without extra charge and to the satisfaction of the Town's authorized representatives. 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. 399 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18, 2004: RESOLVED that the Town Board of the Town of Sonthold hereby authorizes and directs Suoervisor Joshua Y. Horton to sign an agreement with Emcar, Inc., 334 Windsor Avenue, Briohtwaters, NY, 11718, for the renovations of the Laurel School as part of the Family Service League Child Day Care Project, funded by the Community Development Block Grant Program, subject to the approval of the Town Attorney. 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 southold/own.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 2004 CERTIFIED MAIL RETURN RECEIPT REOUESTED John Guido Manzi Homes Inc 701 Route 25A Rocky Point, NY 11778 Dear Mr Guido: The Southold Town Board, at its regular meeting of May 18, 2004, accepted the bid of Emcar, Inc. for the Family Service League at Laurel School. A certified copy of the resolution is enclosed. Also, returned 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 Ene. .,b '[O000O 4~ :14~34504~80:' .,~344&EbO., ~IOq~ro~ ~o arnoi ~ 3H~-o~ · Complete items 1, 2, and 3. Als0 ~0Plplete A. Signature ~ ~/~ ~-the card ~ you. ' B, Received by ( Pdnted Name) · A'~j~lr ~'t~ ~B~I ~D the :~'~( of the mallptece, or on t~e front if spa~e perm.. 2. A~tlale Number ? ' O',~,'-~r?,~.~:~) , 7003 3110 0001 8547 ~ F~ 3811, Fe~ 2~ ~m~mo ~m ~pt 0 A~ent Is delivery address different from Item 1 ? DYes YES, enter delivePx addm below: [] No r [] Express Mall ] D Ret~m Receipt for Me~handlse i-lyes I 8673 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 19, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED George Passaro, Jr. Emcar, Inc 334 Windsor Avenue Brightwaters, NY 11718 Dear Mr Passaro: Congratulations. The Southold Town Board, at its regular meeting of May 18, 2004, accepted the bid of Emcar, Inc. for the Family Service League at Laurel School. A certified copy of the resolution is enclosed. Your current bid bond will be returned to you at the end of the contract. Very truly yours, Elizabeth A Neville Southold Town Clerk Eric. · - .~ address on the reverse 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. 398 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18, 2004: RESOLVED that the Town Board of the Town of Southold hereby acceots the bid of Emcar, Inc., 334 Windsor Avenue, Bri~htwaters, NY 11718, in the amount of $164,900, for the renovations of the Laurel School, as part of the Family Service League Child Day Care Center Project, funded by the Southold Town Community Development Block Grant Program. Elizabeth A. Neville Southold Town Clerk 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 FAMILY SERVICE LEAGUE AT LAUREL SCHOOL Bid Openin~ 10/22/04 atl0:00 A.M. Two (2) bids were received: Emcar, Inc 334 Windsor Ave Brightwaters NY 11718 631-969-0878 $164,900.00 Manzi Homes, Inc. 701 Route 25A Rocky Point NY $187,550.00 631-744-1039 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 Ma/n Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net May 7, 2004 James E. Hentze Briiffanann Electric Corporation 109 Nancy Street West Babylon, NY 11704 Dear Mr. Hentze: The Southold Town Board, at its regular meeting of May 4, 2004, authorized a full refund of the $150.00 bid deposit for the Family Service League & North Fork Early Learning Center bid that you submitted to the Southold Town Clerk's Office. A certified copy of the resolution is enclosed. The paperwork will be placed in the Town's audit at its next meeting. After the audit is approved, the check will be mailed to you. Expect to receive your refund within the next month. Very truly yours, Elizabeth A. Neville Southold Town Clerk ]~ne. 7003 3110 0001 8547 8666 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 CI.ERK TOWN OF SOUTHOLD April 30, 2004 Donna Kneitel Gordon L. Seaman, Inc 630 Johnson Avenue Suite 201 Bohemia, NY 11716-2622 Dear Donna: Enclosed find your two (2) checks #45674 $50.00 & 45693 $100.00, that you had submitted for the Laurel School Bid Specifications. Sincerely, Lynda M Bohn Deputy Town Clerk ~nc. ~ ! 21 CENTS FLEET BANK Golden Bridge, NY 10526 4L~3 701 ROI~ 25A I O P.O BO~[II~02 ROCKY POINT, NY 11778 I 6/Al -x7.,464~ ~ .°73494.0 0 3 2 I I M~N~I HOMES, I I I I I I I I I I I I I I I PROPOSAL ON FAMILY SERVICE · ·LEA~ & NOR'[H ~ EARLY · LE/t, RNING CENTER I I I I I I I I I I I I I I I I I I PROPOSAL FORM DATE: t~l loQO / c~OOt, f Name of Bidder: ~Odf5~'~ To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all equipment and materials required to construct, perform and complete the work at: The Family Service League & North Fork Early Learning Center at the Laurel School Route 25 Laurel, New York and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Town of Southold and shall comply with all the stipulations contained therein and he will accept, in full payment thereof as listed below: THE CONTRACTOR SHALL PROVIDE ALL OF THE EQUIPMENT AND MATERIALS TO COMPLETE THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: I I I I I I I I I I I I I I I I I I I I 1. "Bid on Family Service League at Laurel School (written in words) (written in num~oers) We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time per)od. Signature of Bidder:C~--~~~ Business Address: "70 [ ~Cx~-~ ~ o~-5'~ -I'P. 0 Telephone Number: Date: ~/' c~O. I I I I I I I I I I 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 pad 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. ('Si~n~at~~ Representative of Bidder) I I I I I I I I I I I I I I I I I I NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h.' hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in 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 oppodunities 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 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. I I I I I I I I I I I I I I I I I I 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 vedfied 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). I I I I I I I ! ! STATEMENT OF NON-COLLUSION (To be completed by each Bidder) I 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 I 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: I (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 pdces with any other bidder or any competitor. i (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 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, I or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal codifies 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 I well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authedzing the execution of this cedificate by the signature of this bid or proposal on behalf of the corporate bidder. i RESOLUTION Resolved that ,~OI4~d ~r"ol~ ofthe ~/~,I' ~'~lf.~'~ '~, be (Name of signatory) (Name of Corporation) I authorized to sign and submit the bid or proposal of this corporation for the following Project: and to include in sdch 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 pedury, 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. 103-d, as amended & effective on September 1, 1965. CSR S DATE I _ACORD. CERTIFICA OF LIABILITY INSURAI .E ol/=1/o4 PRODUCER THIS CERTIFICATE IS-ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Borg &: Borg, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA: SIRIUS AMERICA INSUR/LNCE INSURERB: Merchants of New Hampshire 203 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I~UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH GEN'L AGGREGATE LIMIT APPLIES PER: POLICY NUMBER Town of Brookhaven 01/08/04 01/08/05 01/08/04 01/08/05 IRS400367 CA~9255097 I 1 48 East Main Street Huntington NY 11743- ,NPShL~EnOe: 516-673-7600 I Manzi Homes Inc 701 Rt 25A, P.O. Box 702 i Rocky Point NY 11778 ANY REQUIREMENT, TERM OR CONDITION OF ANY COl 'RAC3 RI' __GENE ;iOj'jBO"' CE I I ffi Certificate holder is ad ~ operations of the n~ed ~ CERTIFICATE HOLDER To~ of Brookhav Buildlng Dept. 3233 Route 112  Medford ~ 11763  ACORD 25 DESCRI~ION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ~DED 8¥ ENDORSEME~ I SPEC~ PRO~SION$ Certificate holder is ad,ed as additional insured only as respects operations of the named insured. CANCELLATION ~1,000,000. $50,000. $1,000. sl,000,000. s2,000,000. $1,000,000. COMBINED SINGLE LIMIT $ 10 ~ 0000 BODILY INJURY (Per acodent) TOWNOFB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO M~JL ~ 0 DAYS WRFFTEN NOTICE TO THE CERTIFICATE HOt. DER NAMED TO THE LEFT, BUT FAJLURE TO DO SO SHALL JMPO~E NO OEUGATION OR LIABILITY OF ANY KJND UPON THE INSUEER, ITS AGENTS OR © ACORD CORPORATION '1988 I 199 CHURCH STREET, NEW YORK, : .Y. 10007-t100 ~ 1-~888~,997-386~3 ~ ~ ~ CERTIFICatE OF WORKERS COMPENSAI~i%)~NSURANCE I I I M~J~ZI HOMES INC P O BOX 702 ROCKY POINT NY 117780702 FOLICY NUMBER Z 973 905-3 DATE 4/02/2003 CERTIFICATE NUMBER 177-952 I I I POLICYHOLDER M3UNZI HOMES INC P O BOX 702 ROCKY POINT CERTIFICATE HOLDER TOWN OF BROOKHAVEN DEPT OF BUILDINGS NY 117780702 3233 ROUTE 112 MEDFORD NY 11763 1 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE I I INSURANCE FUND UNDER POLICY NO. 973 905-3 UNIIL 7/01/2004 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK. I I I IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR ID 7/01/2004 IN SUCH ~kNNER AS TO AFFECT THIS CERTIFICATE, 5 DAYS WRITIEN NOIICE OF SUCH C.~NCELLAIION WILL BE GIVEN TO THE CERTIFICAIE HOLDER ABOVE. NOTICE BY REGULAR ~IL $O ADDRESSED SHALL BE SUFFICIENT COMPLIA/~'CE WITH THIS PROVISION. I I I I I U-26.3 THE STATE INSURANCE FUND DIRECTOR, INSURANCE FUND UNDERWRITING I2548 CERT02-2/2001 THE AMERICAN INSTITUTE OF ARCHITECTS .41,t Document A310 Bid Bond Bond No. 42147 KNOW ALL MEN BY THESE PRESENTS, that we Emcar, Inc. 334 Windsor Avenue, Brightwaters, NY 11718 as Principal, hereinafter called the Principal, and Nova Casualty Company 180 Oak Street, Buffalo, NY 14203-1691 (Here insert full name and address or legal title of Contractorl (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), 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 Renovations to the Laurel Elementary School there insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to pcrforro 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 22"a day of April 2004 (Witness) tiler L,~hnston ~ (Witness) ( Emcar, Inc. (Sea0 ~.~ ~Princ. ipal) Ge~brge Pass",n'6, Jr., President '-J (Title) / DOCUMENT A310 BID BOND * AIA * FEBRUARY 1970 ED * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ( i/Nova Casualty Company ( _ ~san P. Hammel, Attorney-In-Fact (~t,'e) State of ) ) SS. County of _ ) Individual Acknowledgment On this day of and who executed the foregoing instrument, and , before me personally came to me known, and known to me to be the individual described in acknowledged to me that __he executed the same. My commission expires Notary Public Firm Acknowledgment State of ) County of ) On this day of , , before me personally came to me known and known to me to be a member of the firm of_ described in and who executed the foregoing instrument, and __he thereupon acknowledged to me that __he executed the same as and for the act and deed of said firm. My commission expires Notary Public Corporation Acknowledgment State of New York ) County of Suffolk ) On this 22nd day of April, 2004 before me personally came_ George Passaro, Jr. to me known, who being by me duly sworn, did depose and say that __he is the President of Emcar, Inc. the corporation described in and which executed the above instrument; that __he knows the seal of said corporation; thavt the seal affixed to said instrument is such corporate seal; that it was so affixed by o.,r,~ of the Bo~ard of Direct..~ of.~id corp...C~.a~n, and that he signed his name ther~,~, ~ ~ v / / ~ ~/ / ~ ~ Mycomm~ssonexp~res ,~' ,:,' , ,', ~ ~~ Surety Acknowled~en~ ~ y State of New York ) ~ )SS. ~ County of Suffolk ) On this 22"d day of April , 2004 , before me personally came Susan P. Hammel to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Nova Casualty Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corpor~ seal, and that she signed the said instrument and affixed the said seal as Attornev~act,. ~ by a.~thority of theB~rd~ o.~tors of said corporation and by authority of this office under the Standin./~esolu. ti.o?.~reof. '//.~~~ ~ Nob y.,., ,, , '~wYork ~ ~ N VA : : : : :i ::180 Oak Street Buffalo, NeTM York 14203-1691 (716) 856-3722 NOVA CASUALTY COMPANY State of New York, having its principal offices in the City of Buffalo, New York, does make, constitute and appoint *** Paul De Masi, David R. Afanador & Susan P. Hammel *** it~:;:t~ue:~nd::{av'~u Att~rney(s)-in-fa~t. ia:::';~l<e.::eX:bcu{ei S~I ahd deliver'for ~ncl 0n i~ beh~lfias ~urety, and as its :::: act and ~ed, an~, an8 aii bonds, unde~akings and contracts of sure~shiP;:pr~vided:that=;:n0bend er ~de~ing or ~nt~ Of s~fiiP;:exe~ted under this a~thorily shall ex(.ood in amount ~e sU~ bf ::: : *** NOT TO EXCEED $500,000,00 ~* This Power:;of A~e[pey:Js gra~te~ and is signed and sealed by facsimile under an~: by:t~::~Uth~d~:~:of:the f~: lowing Res~ution:ad~ted=by ~e Boa~dof Directors of NOVA CASUALTY COMPANY at a:~et~hg~u~::c~ied ~nd: held ~n the 18th:d~Y Odtob~r,;:~93: : :: ::: :::: :;; :; 'RE~LV~D, ~ ~:e: Bre~de~:a~ ~::~r~, the Secre~:~ ~reasb~e¢, ~g:J~l¥ ~ ~ise, be and the~ h~b~ ~ ~a~:'Jh~ ~e~:~ :: au~zation to ~poi~t by a P~et of A~omey ~0r ~ pu~s o~y of executi~ and a~b~ bb~b an~ ~kings, and o~r w~ ~llgat~ in of, one or ~ residen[ vicw~esi~, a~tant ~re~ries and affomey(s~in-fa~, eaoh a~int~ to have the po~ and duaes usual to such ~s to ~e ~sine~ of this ~m~ny: ~e signat~e of such ~i~ ~ seal of the C~pany may be affix~ to any ~h p~r of aa~y or to any ~ate relati~ ~o by ~imile, and ~ny s~ ~wer of a~o~ey:gr ~ficate b~d~ ~ ~c~le ~{g~grg~ q[ ta~m}~ ~aI shall be val~ ~:bi~i9~ ~:t~ C~n~, a~ 8~y su~ p~ so ex~ ::: ~:a~.~i~i~:by:~c~ ~atur~ and fa¢~m~: ~: ~:~ :va~ ~nd ~ ~p~ the ~pa~::inl~:~re ~ ~ tg~ ~,d ~:~nde~ or o~er :: ~ti~g ob~g~ in the ~t~e ~f to which it is:~; ~y S0~ ap~oi~t ~ay ~ revved, for ca~se,:::0(~ ~t ~g~,;::by ~y~f ~d0 ~m, at any ~me." ~:: :;:: !~ ~ne~S:~:~e°~, the NOVA:C~SUAL~ COMPANY has caus~ ~e~:~sen~:tq:b~ ~ by its officer ~ndemig~ed and Ks bb~omte seal to bb hereto:~ffi~ duly a~ested by its sebmta~ this 2:i~ day Of:Omo~r, 1993. Attest: NOVA CASUALTY COMPANY STATE ~ NEW YORK '~ ~NTY O~F ERIE::: :J :: :: ::: ::::=: :: :::: :::::~:~:~ :2~:St:;d~y;b~:~ober 1~3, b~r~:~::~ers~aliy::ca~e Norman F. ::Ernst :~O:~~ k~h~:~~ being by me ::~uly S~; dtd:d~:~d say: that he resideS:in the C~b~ o~ Erie, ~ate of NeW Yo~; ~t ~ is:t~.P~Sident of NOVA CASUAL~ COMPANY, the ~oration ~scr~ed in and whi~ exerted the ~ve instrument; that he knows the seal of the ~id co~tion; that ~e ~1 afl,ed to ~id instrument is such co~mte seat; that it was so affix~ by order of t~ Boa~ o[:~r~o[s: of:sai~ ~e~ration and that ho signed h;s name ~oreto by like o~er.: :~ . : :: ~ : STATE OF N: :::~OR:~::: :: :: :: :: .,? :'~.,, COUN~ OF ~ ~ ~U~EY / ~ / KathleenA. C~dney ::::::: ::: ::::::::: :::: ?:::::: ~:ER~IFt~ATE :::: :::: ::: :: ::: :::::: inc b t::i": OvA::C SU w::CoMPANY, a New Yore C0~oh; aut~r~ed to m~e ~is ~ifl~te, HEREBY CERTI~ tha[=th~ f6~eg~i~ affached Power of A~or~y remains in ~11 for~ and has not been revoked; and fu~he~ore that the Re~l~ion otthe Board of Dir~tors, ~t fo~h in the Power of A~omey is now in for~. Signe : This pow~ is valid ~ly if the power ~ a~orney number p~nted in the u~r right hand corer appeam in r~. Phot~J~, ~on ~es or ~r ~roductions are ~ot bindi~ on ~e compaq. Inq~ries co~eming this ~w~ of aUomey may be dir~ to ~e Bond Manager at the Home ~i~ ~ the ~va Casual~ ~pany. N VA NOVA CASUALTY COMPANY 180 Oak Street Buffalo, New York 14203-1610 STATEMENT OF FINANCIAL CONDITION certify that the following officers have been elected by the Board of Directors of NOVA Casualty Company and still remain in office: NORMAN F. ERNST, JR ............................................................................................................... CHAIRMAN JOSEPH P. BEITZ ........................................................................................................................ PRESIDENT CHRISTOPHER C. HOOVER ...................................................... SENIOR VICE PRESIDENT, TREASURER ROSEMARY BRAVETTI ............................................................... SENIOR VICE PRESIDENT, SECRETARY WARREN SEIFERT ............................................................................................................ VICE PRESIDENT CRAIG RAPPAPORT .......................................................................................................... VICE PRESIDENT EUGENE WAHLSTROM ..................................................................................................... VICE PRESIDENT ROBERT L. FRAILEY .......................................................................................................... VICE PRESIDENT VICTOR EHRE ............................................................................................... ASSISTANT VICE PRESIDENT WILLIAM McKENNY ....................................................................................... ASSISTANT VICE PRESIDENT GREGORY O'MAHONY ................................................................................. ASSISTANT VICE PRESIDENT further certify that the following statement of the Company is true as taken from the records of said Company as of December 31, 2003: ASSETS LIABILITIES AND POLICYHOLDERS SURPLUS Cash and Invested Assets: Cash ............................................................... $ 1,039,022 Bonds ............................................................... 35,493,125 Preferred Stocks ................................................ 102,300 Common Stocks ................................................ 1,030,866 Short Term investments .................................... 9,577,885 Interest & Dividends Due and Accrued .............. 165,315 $ 47,408,513 Other Assets: Premiums and Agents Balances, Net .............. $ 9,021,511 Receivables from Parent ................................... 6,625,962 Reinsurance Recoverable ................................. 694,166 Other Assets ...................................................... 2,018,057 Guaranty Funds Receivable .............................. 81,550 Equipment, Net .................................................. 206,504 Total Admitted Assets ..................................... $~66:056 2.~';';';';';';';'~ Liabilities: Losses ............................................................... $ 23,210,004 Loss Adjustment Expenses ................................. 2,588,724 Unearned Premiums ........................................... 17,464,887 Taxes, Licenses and Fees .................................. 495,771 Federal Income Taxes ........................................ 562,999 Ceded Reinsurance Premiums ........................... 5,620,431 Other Liabilities ................................................... 1,098,854 $ 51,041,670 Policyholders Surplus ....................................... $ 15,014,593 Total Liabilities and Policyholders Surplus ....... $~ ..~ STATE OF NEW YORK / COUNTY OF ERIE ..~ SS: I, Rosemary Bravetti, Secretary of NOVA Casualty Company, a New York Corporation, do hereby certify that the foregoing is a full, true and correct copy of the Balance Sheet of said Corporation as of December 31,2003. In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation at Buffalo, NY this 25th day of February, 2004. STATE OF NEW YORK COUNTY OF ERIE SS: Subscribed and Sworn to before me On this 25th day of February, 2004 My CommisSion Expires Septembe~.,~, 2006 NCCFIN_2003dOc NOTICE OF SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which NOVA Casualty Company is Surety. NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by NOVA Casualty Company DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "Acts of Terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0). DISCLOSURE OF FEDERAL PARTICIPATION iN PAYMENT OF TERORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses fi.om terror/st acts certified under the Act exceeding the applicable surety deductible. PROPOSALFORM DATE: ~/Z il o~q Name of Bidder: To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all equipment and materials required to construct, perform and complete the work at: The Family Service League & North Fork Early Learning Center at the Laurel School Route 25 Laurel, New York and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Town of Southold and shall comply with all the stipulations contained therein and he will accept, in full payment thereof as listed below: THE CONTRACTOR SHALL PROVIDE ALL OF THE EQUIPMENT AND MATERIALS TO COMPLETE THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: 1. "Bid on Family Service League at Laurel School (written in words) (written in numbers) We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signatnre of Bidder: ~ --~ --~---~. ~ Business Address: t ~x4 ~xg'~,x~ ~ Telephone Number: Date: 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 ~-~,,~,,,.,L~,~,.~, ¢~...~ ?..~.,~,~, I~t~o,.'~,..,~ ;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. ture of AuthorEed Representative of Bidder) NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: A. 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 compensatiqn, and selection for training or retraining, including apprenticeship and on-the-job training. b. 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 oppodunities 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. C. 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. D. 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. 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-discriminafion clauses and such sections of the Executive Law and Civil Rights Law. F. This Contract may be fodhwith 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 vedfied 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 notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). 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. E~y 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 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 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 certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained ia 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 cedificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that G~OV'~.'~.~5~,/~a~v'. of the_ ~'~*~c~- ,~ be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Replacement & Reconstruction of the Town Hall Roof System Southold Town Hall, 53095 Main Road, Southold, N.Y. 11971 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 ~IJ~' dayof /~'~ \ ,20 O'{', (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 7S'I, Sec. 103-d, as amended & effective on September 1, 1965. The MCGrOw'Hill Compon~s ~ : McGraw Hill CONSTRUCTION Daphne Edgeworth - Wilson Construction News Specialist 16 Adams Ave Wheatley Hts, NY 11798 631/491-4569 Fax ~- 631/643-3631 Town of Southold -Town Clerk 53095 Main Rd Southold, NY 11971 Attn: Linda Cooper Dear Linda: Enclosed please find a check in the amount of $150.00 for the plans and specifications on the Family Service League project. Upon receipt of this check, can you please send plans and specs to the following address: McGraw-Hill Construction 16 Adams Ave Wheatley Heights,NY 11798 FED EX Account # is 231-224-211 If this check is refundable only please send refund check to McGraw-Hill Construction Dodge, 1333 S, Mayflower Ave. Suite 300, Monrovia, CA 91016, Attn: Linda St. Peter Sincerely, Daphne Edgeworth-Wilson Construction News Specialist FedEx i Ship Manager I Label 7924 7041 3557 Page 1 of 1 From: Origin ID: (626)932-6103 LINOA K ST PETER MCGRAW-HILL CONSTRUCTION 13335 MAYFLOWERAVE SUITE 300 MONRO¥IA, CA 910i6 s~p TO (631)76s-~a0~ Linda Cooper Town of $outhold 53095 Main Road ActualWgt: 1 LB Sy$1enC¢: 168?026/INET1800 REF: 3010250260176045207 Delivery Address Bar Code PRIORITY OVERNIGHT THU Deliver By: TRK# 7924 7041 3557 ~o.,.0201 08APR04 JFK AU 11971 -NY-US XH WSHA Shipping Label: Your shipment is complete 1. Use the 'Print' feature from your browser to send this page to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3, Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the self/ice conditions in the current FedEx Service Guide, available on fedex.com. FedEx will not be responsible for any claim in excess of $i00 per package, whether the result of loss, damage, delay, non-delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $500, e.g jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. ' https://wwvw.fedex.com/cgi-bin/~ it/unity/1AcWw7IcXz3GiXrlFbVt2~Xs9FbSt2GaZt4E... 4/7/04 #6010 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 1st day of April ,2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 Qualified In $uffolk County Co~n~lsslon Exl~lree February,~a, 2008 _ Sworn to before me t~;. 2004 Principal Clerk /'/q fled check o~ Bid Bond in thc m~ant of ~ of lh~ B~ Bid ~ill I~ r~ of e~ch bkk~r. Price will be requi~d ~ tt~ s~ bidder. This invil~on to b~d is no~ m offer Somb~d to nwmd a ~aatract fm~r- fmma~e of the peoje~. Should t~e Town of ~ decide lo a~l & Please ~lvise if ¥~ ~ to fl~d a~ not. A~ bids must be s~ Lind saded in an envelope plainly marl~l "~ on Family Service ~ ~a l~mrel S~ho~i" md suiomiued to u~e Office of theTownClcd~. Th~ bid price slmll not. from which ~e To~ of Soo~ao~d ~s LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the following Project: Family Service League/North Fork Early Learning Center Day Care Facility at Laurel School Project. The Town Board of the Town of Southold will receive bids for renovations of the Laurel School for a child day care facility, as shown on the drawings and specification in the bid package, including new handicapped restrooms and renovations to classrooms. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York 11971; Monday through Friday from 8:00 a.m. to 4:00 p.m. A fee of one hundred fifty dollars ($150), cash or check, made payable to the Town of Southold will be required to one (1) set of the Contract Documents. There are no refunds. The sealed bids, together with a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 a.m,, Thursday, Al>ril 22, 2004, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities and reject any all bids and to retain bids for 45 days from the date of receipt in any bid should it be deemed in the best interest of the Town to do so. 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. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. 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. Please advise if you intend to bid or not. All bids must be signed and sealed in an envelope plainly marked "Bid on Family Service League at Laurel School" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 29, 2004 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the following Project: Family Service League/North Fork Early Learning Center Day Care Facility at Laurel School Project. The Town Board of the Town of Southold will receive bids for renovations of the Laurel School for a child day care facility, as shown on the drawings and specification in the bid package, including new handicapped restrooms and renovations to classrooms. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York 11971; Monday through Friday from 8:00 a.m. to 4:00 p.m. A fee of one hundred fifty dollars ($ 150), cash or check, made payable to the Town of Southold will be required to one (1) set of the Contract Documents. There are no refunds. The sealed bids, together with a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 a.m, Thursday, April 22, 2004, at which time they will be opened and read aloud in public. The Town Board of the Town of Southotd reserves the right to reject any and all bids and waive any and all informalities and reject any all bids and to retain bids for 45 days from the date of receipt in any bid should it be deemed in the best interest of the Town to do so. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the fom~ of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. 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. Please advise if you intend to bid or not. All bids must be signed and sealed in an envelope plainly marked "Bid on Family Service League ut Laurel School" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 29, 2004 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 Ha]l, 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 CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 March 31, 2004 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): ff ~, lftotal transmittal is not received, please call 631 765-1800. COMMENTS: Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the following Project: Family Service League/North Fork Early Learning Center Day Care Facility at Laurel School Project. The Town Board of the Town of Southold will receive bids for renovations of the Laurel School for a child day care facility, as shown on the drawings and specification in the bid package, including new handicapped restrooms and renovations to classrooms. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York 11971; Monday through Friday from 8:00 a.m. to 4:00 p.m. A fee of one hundred fifty dollars ($150), cash or check, made payable to the Town of Southold will be required to one (1) set of the Contract Documents. There are no refunds. The sealed bids, together with a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 a.m., Thursday, Al~ri122, 2004, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities and reject any all bids and to retain bids for 45 days from the date of receipt in any bid should it be deemed in the best interest of the Town to do so. 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. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. 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. Please advise if you intend to bid or not. All bids must be signed and sealed in an envelope plainly marked "Bid on Family Service League at Laurel School" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 29, 2004 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLn[~I ON APRIL 1, 2004, AND FORW~I~D ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Data Construction Burrelle's Information Services Town Board Members Town Attorney Dodge Reports Brown's Letters Town Clerk's Bulletin Board Town Engineer STATE OF NE~ORK) 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 2004 she affixed a notice of which the annexed printed notice is a tree copy, in, a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice: Notice to Bidders for Laurel School Renovation, bid opening at 10:00 a.m., Thursday, April 22, 2004 Elizabeth A. Neville Southold Town Clerk Sworn to before me this day of 2004 Notary Public