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HomeMy WebLinkAboutPolice Communications Center 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 (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR UPGRADE F., CONSTRUCTION OF NEW POLICE COU~.?INICATIONS CENTE.". BID OPENING: 10:00 A.M.r THURSDAY~ OCTOBER 21~ 1999 NO BIDS WERE RECEIVED f 1 0 , ~ NrO ~ ~ ~ ~ FEE UPGRADE AND CONSTRUCTION OF A HEW SOUTHOLD TOWN POLICE DEPARTMENT COMMUNICATIONS CENTER Bid Opening: THURSDAY, OCTOBER 21, 1999 - 10.00 A.M. 10/131, Materialization Corp. 104 Edwards Ave., Calverton (P)208-2900 (F)208-0222 10/18 2. Attn: Donald Carter Melence, 104 New York Ave., Sound Beach, NY 11789 Fed Ex 516-744-0127 Fax: 744-0528 8 10. INVITATION TO BID NOTICE I$ HEREBY GIVEN that seale~ bids ar= sought and re- quested from qualified contractors to perform the installation of tem- porary facilities and the construc- tion of the new Police Department Communieatlon Center as de- scribed by the following Bid Speci- fications, Bid Specifications for the up- grade & cnnstruction of e New SoutboM Town police Depaflment Communications Cemer Within the ezisting Police Departmeut Facili- ties Lm:ated at 4140S Main Road, · (State ~ ~Town of S o~bll~, ~ ~111~. New ¥od~ tlJ~ - goutbddviB_tnn~ved bids fo~ nisbia! all M ~ h~, materials and equipment as s~cified for thc installation of a new Communica- tions Center. ~e modifications to and removal of the existing Com- munication ~nter will r~uire the M a~ b'~ ~t~ of t~ ~ S~m duffs p~tt ~tkh~ f~l~ ~unttioning, pw~y balanted system to serve the n~a of the ~li~ Depa~ment. All work ahall be in atcordance with thc S~cifieation$ l~ttd here- Bida will be ~ec~ived at the Offi~ of ~ ~uthold Town Southold, Town Hall, 5~5 Main Road, Southold, New York 11~1 until: l~l~of ~, 1~. All S~dficationa ate provided herein. A fee of ten ($10.00) dollars, ~sh or ch~k, made ~yablc to the Town of Southold will ~ required for one (1) copy of the Contract D~enta ~ere are no rcfund~ ~is invitation to bid is not an offer and shall in no way b~d the Town of Sou~old to award a con- tract for perfo~ance of the pro- j~t. Should ~e Town ag Southold decide to award a ~ntract, it shall be awarded to thc lowest respon- sible bld~r. ~e Town o~ Southold reserves the ri~t to waive ~y inror~tie~ and to rej~t ~y or all bid~ and to retain bids for 45 days from the date ~f receipt. ~e CONTRAC- ~R MAY NOT withdraw his bid during ~ ~. Bid Mcu~ty in the ~o~ of a cer- tified check or bid bond in thc am~nt or five hundred ($~) dol- 1~ will ~ r~d of e~h ~ddcr. Checks to made payable to the order of the To~ of Southold. Dated: ~ptem~r 28, ~ BY ORDER OF SOU~OLD TO~ BOA~ El~th A. Nc~lc, Southold Town Clerk STATE OF NEW YORK) )SS: COUNTY OF SUFFOL,K) ~.%~U"X ~-' [~./[l/\3 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 regu- larly published in said Newspaper once each week for I weeks successively, comraenc)ng on the -~ 4-k day of (,L)C~I~Lf 19~ . ~  0 Principal Clerk Sworn to I~ore me this . 00k~l~.~lSOrtl day of~ (~'7"~'Clq)ATARY CU~C~TE O~ NkW YOR~ /. ~ / / NO.~2613 ~IED IN SUFFOLK COUN~ ~-(/ COMMISSION EXPIRES MA ..... INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids are sought and requested from qualified contractors to perform the installation of temporary facilities and the construction of the new Police Department Communication Center as described by the following Bid Specifications: Bid Specifications for the up-grade & construction of a New Southold Town Police Department Communications Center Within the existing Police Depa,;..ent Facilities Located at 41405 Main Road, (State Route 25) Town of Southold, Suffolk County, New York tt971 The Town Board of the Town of Southold will receive bids for furnishing all of the labor materials and equipment as specified for the installation of a new Communications Center. The modifications to and removal of the existing Communication Center will require the installation of temporary facilities to allow for continued operation of the Communication System during construction. The completed work will be required to provide a complete working, fully functioning, properly balanced system to serve the needs of the Police Department. All work shall be in accordance with the Specifications listed herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. on the, 21st . day of, October= 1999. All Specifications are provided herein. A fee of ten ($10.00) dollars, cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and. to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 1st day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Boardr Southold Town Hallr 53095 Maln Roadr Southold~ New York. Legal Notice - Notice ot Bidders - New Southold Town Police Communications Center Bid Opening 10:00 A.M. , Thursday, October 21, 1999 Southold Town Clerk Sworn to before me this 1st day of October , 1999.. ' Notary~ Public ' LINi.~A J. COOPER Notary Public, State of New Yo~ No. 4822563, Suffolk County Term Exp~ea I~ 31, ~ ELIZABETH A. NEVIL~.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 (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLO TOWN BOARD HELD ON SEPTEMBER 28, 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the Upgrade and Construction of a New Southold Town Police Department Communications Center. Southold Town Clerk September 28. 1999 TOWN COMPTROLLER John A. Cushman CENTRAL DATA PROCESSING John Sepenoski 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ACCOUI~G & FINANCE DEPT. Tel,~[~l~ne (516) 765-4333 E-mail: accounting~southold.org CENTRAL DATA PROCESSING Telephone (516) 765-1891 E-mail: dataprocessing@southold.org Fax (516) 765-1366 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR Memorandum To: From: Date: Re: Alice Hussie John Seponoski September 8, 1999 Bid Specifications for Communications Center As requested I reviewed the bid packet for the new Police Communications Cemer as it relates to computer issues. My findings are as follows: The design provides adequate space for not only all of the currem computer equipment that I em responsible for but also the 911 and NYSPIN systems. Six plug power strips for each bay will provide adequate power for all computer equipment without the need for any extension cords. New computer cabling will be needed for this design and is explicitly listed in the specs. The removal of unused cables is also listed in the specs and is important because it will make computer cable troubleshooting much easier in the future. The specifications state that the vendor will be responsible for relocating all equipment including computers. This is fine as far as the specs go. However, the Town should plan on scheduling me to be available to participate in moving the computer equipment that I am responsible for. This will allow me to make sure the current configurations are not changed and test the equipment to be sure it works properly after it has been moved. Let me know if you need any further information from me. BID SPECIFICATIONS FOR THE UP-GRADE & CONSTRUCTION OF A NEW SOUTHOLD TOWN POLICE DEPARTMENT COMMUNICATIONS CENTER Date: July 30, 1999 INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids are sought and requested from qualified contractors to perform the installation of temporary facilities and the construction of the new Police Department Communication Center as described by the following Bid Specifications: Bid Specifications for the up-grade & construction of a New Southold Town Police Department Communications Center Within the existing Police Department Facilities Located at 41405 Main Road, (State Route 25) Town of Southold, Suffolk County, New York 11971 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the installation of a new Communications Center. The modifications to and removal of the existing Communication Center will require the installation of temporary facilities to allow for continued operation of the Communication System during construction. The completed work will be required to provide a complete working, fully functioning, properly balanced system to serve the needs of the Police Department. All work shall be in accordance with the Specifications listed herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. on the, 21st day of, October 1999. All Specifications are provided herein. A fee of ten ($10.00) dollars, cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid dudng this pedod. Bid security in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The Proposal form shall not be detached from the bid package. Failure to comply with this requirement will constitute grounds for rejection of the bid subject to the digression of the Town Board. Any and all exceptions to the specifications shall be listed on a separate sheet beadng the designation: "Exceptions to the Specifications", and attached to the Bid Form. Each proposal must be signed in writing with the full name and address of bidder. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shodng or bracing, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the $outhold Town Police Chief and the Town Engineer. Proposals, together with the entire bid package, shall be delivered enclosed in an opaque sealed envelope and shall be addressed as indicated on Invitation to Bid. The envelope shall be marked "Proposal" bearing the title of work and the Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. A responsive bid is one, which includeS as part of its presentation packed, sufficient data to prove compliance to the specifications. A bid may be disqualified if it does not contain one or more of the following: a. b. C. d. e. f. A detailed list of console furniture and equipment to be supplied. Blueprint drawing relative to specifications contained herein. Shipping estimate. Hstimated days required for delivery of equipment specified. Technical information to fully assemble console furniture. List of at least ten (10) references of similar public safety agencies with direct relevance to an emergency public safety communications system. Copy of warranty with a ten (lO) year minimum. Name of project manager who will oversee the project. Include description of his or her background and qualifications. (It is expected that the project manager will be available to pwvida on-going verbal and written reports, if required, during the duration of the project.) C. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of five hundred ($ 500) dollars payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his 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. D. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Town Engineer who may issue a written instruction to all bidders. E. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, authorized agents, and other interested parties are invited to be present. F. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be a "Standard form of Agreement between Owner and Contractor."(Lump Sum) The Town will either award the project or reject all proposals received within forty-five (45) days after formal opening of proposals. Acceptance of a proposal will be a written notice signed by the Town Clerk & no other act shall constitute the acceptance of a proposal. G. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. H. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. The Town also reserves the right to reject any bid if the evidence submitted in the qualification statement or an investigation of of such bidder fails to satisfy the Town that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein, Conditional bids will not be accepted. I. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. J. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. K. PREVAILING WAGE PATES The New York State Department of Labor's Prevailing Wage Rate Schedules are part of this Contract and are included in this specification. 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. 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. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. 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 (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Bid Specifications for the up-grade & construction of a New Southold Town Police Department Communications Center, 41405 Main Road, Southold, N.Y. 11971 and to include in such bid or proposal the cadJficate as to non-collusion required by section one-hundmd-thrae-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- 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 ,19 (SEAL OF THE CORPORATION) L.nw~ of New Yol'h 1~9 Ch. 7~1, ~e¢. 103-d, lis amended effective September 1,1996 INSURANCE REQUIREMENTS: The Contractor shall not commence any work until he has obtained, and had approved by the Town of Southold, all of the insurance that is required under this contract which has been enumerated herein: COMPENSATION INSURANCE: Public Liability and Property Damage Indurance Contractor's Protective Liability and Property Damage Insurance Owner's Protective Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with and approved by the Town of Southold. C~)mpensafion Insurance: The Contractor shall take out and maintain during the life of this Contract, Workmen's Compensation Insurance for all his employees employed at the site of the project, and in case of any of the work being sublet, the Contractor shall require all subcontractors similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. public Liability_ and Property_ Damage Insurance: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury including accidental death as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, to by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to each person and subject to the same limit for each person in an amount not less that One Million Dollars ($1,000,000.00) on account of each accident. Property Damage Insurance in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of each accident and in an amount of not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Liability_ and Pro_~ert~_ Dama_ae Insurance: The above policies for Public Liability and Property Damage Insurance must be so written to include Contractor's Protective Liability and Property Damage insurance to protect the Contractor against claims arising from the operations of a subcontractor. The policies shall also name the Town of Southold as an additional insured. Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall furnish to the Owner, with respect to the operations he or any of his subcontractors perform a regular Protective Public Liability Insurance Policy for, and in behalf of the Owner, providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, one perso.n and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident, a total (or aggregate limit of Two Million Dollars ($ 2,000,000.00) for all damages arising out of injury to, or destruction of, property during the policy period. This insurance must fully cover the legal liability of the Owner. The coverage provided under his policy must not be affected if the Owner performs work in connection with the project either for or in cooperation with the Contractor or as an aid thereto whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents or if the Owner directs or supervises the work to be performed by the Contractor. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates of each insurer insuring the Contractor of any subcontractor under this Contract except with respect to part D. As listed above. In respect to this paragraph, the Contractor shall furnish the Owner with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limits of liability thereunder. Both the cert'~lcates and the policy shall be endorsed to provide the Owner with any notice of cancellation or non-renewal. PROPOSALFORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined all project requirements, including the Project Site, bidding requirements, contract, general and special conditions, specifications, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by su. ch other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the specified work; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BID on Specifications for the Southold Town Police Department Communication Center in accordance with the project requirements. The above referenced activities will be completed for the stipulated "LUMP SUM" of: as SDecifled: Delivmy Time from Award of Bid: (written in words) (written in numbers) (Number of Calendar Days required for delivery) Lump-Sum Bid on Alternate "A": (written in words) (wfften in numbers) (In~ta#ation of Cafl~e~ Tile Flooring) (wfllten in words) (written in numbers) And he further agrees that if this proposal shall be aceept, ad by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town, shall have been deposited in the ma'd addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal shall be reviewed by the Town to correct any deficiencies in the proposed scope of work and, if no corrections are necas.sary, 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 pedod. Signature Bualneee Name of Bidder: & Address: Telephone Number: Date: THE INSTITUTE AMERICAN OF ARCHITECIJJTtTS AIA Document A3'/0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and (Here insert full name and address or lesal lide of Surety) a corporation duly orsanized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Oblisee, in the sum of Dollars ($ ), 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 (Here insert full name, address and description of project) NOW, THEREFORE, if the Oblisee shall accept the bid of the PHncipal and the Principal shall enter into a Contract with the Oblisee in accon:lance with the terms of such bid, and sire such bond or bonds as may be specified in the btddin$ or Contract Documents with ~ood and sufficient surety for 'the faithful performance ol such Contract and for the prompt payment of labor end material furnished in the prosecution thereof, or in the ~went of the failure of the Principal to enter such Co~tsact and $ivo such bond Or bonds, if the Principal shall Pay to the Oblis~e the diffu~*~ce not to exceed the Pertain/ hereof between the amount specified in said bid and such larser amount for which the Oblisee may in 8ood faith contract with another patty to perform the Work covered by said bid, then this oblisation shall be null and void, otherwise to remain in full force and effect. Sisned and sealed this day of 19 (Witness) (Principal) fSeal) (Tide) (Wlmeu) J (Seal) AIA DOCUMENT A311 · lid BOND · AIA O · FEBRUARy 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: ,, Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. T H E ^ M E Il I C ^ N I T T U T E 0 F C H I T £ C T AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14.TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Co~yr~ht 1911, 1915, 1915, 1925, 1937, 1951, 1958, 1961, 1~163, 1966, 1967, 1970, 1976, © 19~7 by Thc American Ir,~itute of Architects, 1735 New Yo~k &veaaue, N.~G'., ~lralhin~ton, D.C., 20006. Reproduction of thc material hc~n or ~ul~antial quo~Jon o~ tls provisions without written petmla~ioa of thc AIA vlolat~ the cx]l)yflSht la~ of ~he UnRed State~ and will be Jade-ct to ~ pmeecu~lons. r~ CAUTION: YOU thould uae an original AIA document which hat thlt caution printed In red. An original auuret that changer will not be obscured aa may occur when doeument~ are rel~OdUCed. A201.1987 I INDEX Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Access to Work 3.16,6 2.1, 12.1 Accident Prevention : 4.23, I0 Addltional Cost, Claims for ...... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Additional Time, Claims for ............ 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT .... 3.3.3, 4, 9.4, 9.5 Advertisement or [nvitafion to Bid ................... I. 1. I Aesthetic Effect 4.2.13,4.5.1 Allowances 3.8 Ali-risk Insurance ................................. 11.3.1.1 Appllcatfons for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, Approvals . 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Arblt ration 4.1.4~ 4.3.2, 4.3.4, 4.4.4,4.5, Architect ................................... 4.1 Architect, Extent of Authority ........ 2.4,3.12.6,4.2,4.3.2,4.3.6, Architect, Limitations of Authority and Responsibility . 3.33, 3.12.8, Architect's Additional Services and Expenses .......... 2.4,9.8.2, Ar~hlteer $ Administration ot the Contract .......... 4,2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work .... 3.5.1,4.2.6, 12. 1.2, 12.2~ 1 Architect's Copyright ................................. 1,3 Architect's Decisions .......... 4.2.6, 4.2.7, 4.2.11,4.2.12, 4.2.13, Architect's Inspe¢tio~$ ........... 4.2.2,4.2.9,4.3.6,9.4.2,9,3.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2 A~-hltect'$ Inteqaretatlons ................. 4.2. I I, 4.2.12, 4.3.7 Architect's On-Site Observations ........ 4.2.2,4.2.5,4,3.6,9.4.2, Architect's Pro~ect RepresentatiVe ..................... 4.2.10 Architect's Relationship with Cont factor ....... 1.1.2, 3.2.1, 3.2.2, Architect's Relafionship with Subcont tact ors .... I.I.2, 4.2.3, 4.2~4, Architect's Representafions ................. 9.4.2,9.5.1,9.10.1 Alvard of ~--paratc Contracts ........................... 6. I.I Pmllml Mlhe WMI~ .............................. 6.2 ~~ ................ 1.1.1,1.1.7,5.2.1,11.4.1 eM MaMdne~ In.manor ..................... 11A.2 · onda, tJ~n ...................................... 9.10.2 1~3~ds, I~ffofm3nc~ and Payment ..... 7.3.6.4, 9AO.3, I 1.3.9, I 1.4 Building Permit ..... 3.7. I clpltallzatfon 1,4 Certificate o f Substantial Comple fion 9.82 Certificates for Payment 4.2.5, 4.2.9, 9.33, 5.4, 95, 9.6.1, 9.6.6, 971,983,9101,9.]O3, 137, ]4.1 I 3, 142.4 Certificates of Inspection, Testing or Approval 3. ] 21 I, 13.5.4 Certificates of Insurance 9.3.2, 9.102, l I. 13 Change Orders, Definition of 7.2. I CHANGESINTHEWORK 3.11,4.2.8,7,8.31,9.3.1 I, IO.1.3 Claim, Definition of ......................... 4.3.1 Clllml Ind TImMy A~eRIon of Ctalm$ ............... 4.5.6 CIIIml for Addltlonll Time ........... 4.3.6,4.3.3,4.3.9,8.3.2 Clolom for Concealed or Unknown Conditions ......... 4.3.5 Claims Subject to Arbit ration ........... 432,4.4.4,4.5.1 Cloenlog Up ................................. 3.15,6.3 Commencement of $tatut~'y Umltatlon Period ......... 13.7 Commencement of the Work, Conditions Relafing to ..... 2.1.2, Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration ................... 3.9.1,4.2.4,5.2.1 COMPLETION, PAYMENTs AND .........................5 Completion, Substantial ...... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Concealed or Unknown Condifions ..................... 4.3.6 Conditions of the Cont eact .................. 1.1.1, 1.1.7,6.1.1 Corment, Written ................. 1.3.1,3.12.8,3.14.2,4.1.2, CONSTRUCTION BY OWNER OR BY rGPARATE CONIC&el'OR8 .............................. ].1.4,6 Conat ruction Change [:)trectivc, D~ flnitio n o f .............. 7.3.1 Con$t mefion Schedule, Cont tact o f'~ ............... 3.10,6.1.3 W AM~nm~t of S.bm.tmm ................ 5.4 CMII~ C{,, .~..~.'t Pefformlnee .................... 4.3.4 Cot tt tact, [:)¢finition o f ......................... I.I.2 CONTRACT, TERMINATION OR Cont tact Administ ration .................. 3.3.3,4,9.4,9.5 Contra¢l Award and Execution, Conditions Relating to ...... 3.7. I, CoIlttlCt Do~lmentl, T he .................... 1.1, 1.2,7 Contract Do<uments, Copies Furnished and Use of... 1.3, 2.2.5, 5.3 Contract Documents, DeBnition of .................. I.I. I Contract Time ................. 4.3.6, 4.3.B, 4.4.4, 7.2.1.3, 7.3, Contract Time, [}M~lltlo~ of_ .......................... [.1.1 2 A~01-1987 CONTRACTOR ......................... 3 Contractor, Definition o f ........... 3.1,6.1 2 Contractor's Bid ............. .' ..... 1.1 1 Contractor's Construction Schedules ...... 3.10,6.13 Contractor's Employees 33.2, 342, 3.8 t, 3.9, 3.18, 4.23, 4.26, 8.1.2, IO.2, 10.3, II.l.l, 14.2.11 Contractor'e liability Inetlrance .................... Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.25 Contractor's Relationship with Subcontractors ....... 1.2.4, 33.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.22, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.83.t6, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Cont factor's Representstions . 1.2.2, 3.5.1,3.12.7,6.2.2, 8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................ 3.3.2,3.18,4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.73 Contractor's Right to Stop the Work ..... ~ ................ 9.7 Contractor's PJght to Terminate the Contract .............. 141 Cont factor's Submittals ..... 3.10,3.1t,3.12,4.2.7,5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10. I.2, 11.4.2, 11.4.3 Cont factor's Superint enden t .................... 3.9, 10.2.6 Contractor's Supervision and ConsttucRon Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, IO Contractual Liability Insurance ............... I I. 1.1.7, 11.2.1 Coo rdination and Cot relation ............ 1.2.2,1.2.4,3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications · · . 1.3,2.2.5,3.ll Correction of Work ................. 2.3,2.4,4.2.1,9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1,3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1,5.2.3, 6.1.1,6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9. IO.2, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cut~g IIld Pltahing ........................... $.14,6.2.6 I~ to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, IO.2.5, 10.3, 11.1, 11.3, 12.2.5 Dam~c to the Work ..... 3.14.2,9.9.1, IO.2.1.2, IO.2.5, IO.3, 11.3 Damages, Claims for.. 3.18, 4.3,9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, IO. 1.4 ~ for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Co~lfl~llcement of thc Work, Definition o f ......... 8.1.2 Date of Stda~tafltial Complete)n, DeflnRIon o f .............. 8.1.3 Day, Definition of ................................... 8.1.4 Derisions o f the &rchitect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3,8, 8.1.3, 8.3.1, 9.2, 9,4, 9.5.1, 9.8.2, 9.9.1, IO.l.2, 13.5.2, 14.2.2, 14.2.4 D~=Ii~ll lO WIthh~d CIf'b%<k~lt loft .......... 9.$, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and COt rection o f ............ 2.3, 2.4, 3.5.1,4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 De fective Work, [:)efinRion o f ......................... 3.5.1 Definitions ...... I .I, 2.1 .I, 3.1,3.5.1,3.12.1,3.12.2, 3.12.3, 4.1 .I, 4.3.1, 5.1, 6.1.2, 7.2.l, 7.3.1, 7.3.6, 8,1, 9.1, 9.8.1 Delllyl Ind Ext~flllonl of Time .......... 4.3.1,4.3.8.1,4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1,1, $.3, IO.3.1, 14.1.1.4 [~tes ............ 4, 1.4, 4.3, 4,4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents ~ Samples :it thc Site ...................... 3.11 Dral~lll~, [:)e~l~lt km o f .............................. 1.1.5 OralV~ and S~-dt~zatlons, Usc and Ownership of ..... 1.1.1, 1.3, 2.2.5, 3.1 I, 5.3 Duty to Review Contract Documents and Field Conditions ..... 3.2 E ffoctive Date of lnsuranc~ ...................... 8.2.2, 1 I. 1.2 Emergencies ......... 4.3.7, 10.3 Employees, Contractor's 33.2, 3.4.2, 3.8. I, 3.9, 318.1, Equipment, Labor, Materials and I 1.3, 1.16, 34, 3.5.1, 382, 312.3, 3127. 31211, 313, 3.15 I, 427, 6.2.1, 796, 9.32, 9.33, 113, 1224, 14 Execution and Progress of the Work ..... 1.1.3, 1.2.3, 3 ~2, 3.4.1, 3.5.1, 42.2,423, 4.34, 4.3.8, 6.2.2, 7.13, Execution, Correletlon end Intent of tile Contract Documents 1.2, 3.7. I Failure o f Payment by Contractor 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ............ 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) Flnel Completion Ired Final Payment ........ 4.2.1,4.2.9,4.3.2, Financial Arrangements, Owner's .................... 2.2.1 Fire and Extended Coverage Insurance ................ 11.3 GENERAL PROVISIONS ........................ 1 Governing Law .................................. 13.1 Guarantees (See W~rranty and Warranties) Haz2rdou$ Materials ............................ 10.1,10.2.4 Identification of Contract Documents .................. 1.2.1 Identification o f Subcont rectors and Suppliers ............. 5.2.l Information and Servicee Required of the Owner .... 2.1.2,2.2, Injury or Dan~ge to Person or Prope~/ ................ 4.3.9 Inspections ........................ 3.3.3, 3.3.4, 3.7.1,4.2.2, lnst ructions to Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1,4.2.8, 5.2.1,7, 12.1, 13.5.2 Inlu rlltCe, B~lr IiItd MIl~hlr tery .................... 11.9.2 Insul'a~cc, Effective Date of ..................... 8.2.2, I I. 1.2 In. umn~e, Ovme¢l Uablllty .......................... · 11.2 Inmleanoe, Pro~e~/ ........................... 10.2.5,11.3 Insuram:e Com[~nies, Consent to Partial Occupancy . .'9.9.1, 11.3. I 1 lnsuranoe Companic~, Settlement with ................. 11.3.10 Intent o f the Contract Documents ................ 1.2.3,3.12.4, Interest ......................................... 18.6 Joinder and Consolldatton of C. lalms Required ............. 4.5.6 Labor Disputes ..................................... 8.3.1 L~ws and ReRulatlons ....... 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, I./mltatlen ea Oeam~ldatlen er Jeln4er ................4.$.6 UmRatles~, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 IAmitations of Authorlt y .................... 3.3.1,4.1.2, 4.2.1, Limit ations o f Liability 2.3, 32.1,35.1,3.7.3, 3.128, 3.12.I I, 3.17, 3.18, 426, 42.7, 42.12,62.2,942, 9.6.4,910.4, · L3.3, 43.4,4.3.6, 4.39. 4.5.4.2, 5.2.1, 5.2.3.6.2.4, 73.4, 7.4, Lons of Uen Insurance ......................... 11.3.3 Materials, Hazardous ..................... 10.1,10.2.4 Mean$, Methods, Techniques, Sequences and Procedures o f Const ruction ......... 3.3. I, 4.2.3, 4.2.7, 9.4.2 MISCELLANEOUS PROVISIONS ..................... 13 Modifications to t he Contract .......... 1.1.1,1.1.2,3.7.3,3.11, Mutual Re~pon.lblllW 6.2 Nonconforming Wo~, Acceptsnce of ................. 12.3 Nonconforming Work, Rcicction and Correction o f ........ 2.3.1, Notice ............. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Notice o f Te~tln~ and Inspections ................ 13.5.1,13.5.2 Notice to Proceed ................................... 8.2.2 Obsetv~lons, Axehitect's On-Site ................. 4.2.2,4.2.5, Ol:~ervadolts, Contractor's ....................... 1.2.2, 3.2.2 On-Site Inspections by t he ArchRect .......... 4.2.2,4.2.9,4.3.6, On-Site Observations by t he ArehR¢ct ......... 4.2.2,4.2.5,4.3.6, OWNER ........................................... 2 Owner, DoflnRIon of ................................ 2.1 Owns, Infommtlon end Servk~s Requlrnd of the ........ 2.1.2, O~m.ee ~ Inm~moe .......................... 11.2 Owlter'm LO~ oft Uae Inaurlalo= ........................ 11.3.3 Owner's Retatlomittp with Subcontractors ............... I.I.2, Owner's Rlsht to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Ov~'e R~ht t~,.~n Up ............................ 6,3 Owner'a Right to perform Construction and to Award Separate Contracts ...... 6.1 Owner's Right to Stop the Work 2.3, 4.3.7 Ownerls Right to Suspend the Work 143 Ownerls Right to Terminate the Contract 142 Ownership and U~e of Architect's Drawings, Specifications anti Olher Documents I.l.1, 1,3, 2.2.5, 5.3 PatcMng, Cutting and 3.14, 6.26 Patents, Royaltlea and 3.17 Payment, Applications for 4.2.5,9.2,9.3,9.4, Payment, ~ertlflcate$ for 4.25, 4.2.9, 9.3.3, g.4, 9.5, payment, Failure of ................... ,L3.7, 9.5.1.3, Payment, Final 4.2.1,4.2.9, 43.2, 4.3.5, 9.10, 1 l.1.2, Payment Dond, Parlormance Dond and ........... 7.3.6.4, Payments, Progress 4.3.4,9.3,9.6, PAYMENTs AND ~OMPLETION .................... ~, 14 Payments to Subcont factors ............. 5.4.2,9.5.l.3, PCB lO.i Per formance Bond and Payment l~.md ............ 7.3.6.4, Per~llts, F~ and Nofloe$ ...... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ........... 10 Polychlorinated Biphenyl ..................... lO.t Product Data, Definition o f ........................... 3.12.2 Produof DM~ emi S~mples. Shop Dmwtnga .... 3.11,3.12, 4.2.7 Progre~. ~nd Completion ................ 4.2.2,4.3.4,3.2 Progren~ Payment. ......................... 4.3.4, 9.3, Pro,lot, l:)efinition o f the ........................... 1.1.4 project Manuals .................................... 2.2.5 pro Ject Representatives ............................. 4.2.10 PRO'TECTION 0¢ P~RSONS AND PROPSRTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, Rejec11onofWork ~ ...................... 3.5.1,4.2.6, 12.2 Releases of Waivers and Liens ....................... 9.10.2 Repre~ntations ....................... 1.2.2, 3.5.1,3.12.7, Representatives ....................... 2.1.1,3.1.1,3.9, Rl~OIutlOft OI C~lllltl erld DIIput~l ................. 4.4,4.5 Responsibilit y R)r Those Per forming t he Wot k ............ 3.3.2, Retainage ............... 9.3.1,9.6.2, 9.8.3, 9.9. I, 9. Io.2, 9. I O.3 Review of Conlmct D~x:un~n~ and Held Condltlerll by Co~trlctor ............ 1.2.2,8.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Review of Shop Drawie4~, Pix)duct Data and 8~wJq:dl~ by Contractor ........................ 3.12.5 Rule~ and Notices for Arbitration ..... 4.5.2 Safety of Per~ons and Property ..... 10.2 Safafy Prenautlone and Programs 42.3,427,10.1 Samples, Definition of 3123 Samplea, Shop Drawings, Product Data and 3 I I, 3.12, 4.2 7 Samplen at the Site, Documents and 3.11 Schedule of Values 9.2,9.3 ~ Schedules, Construction 310 Separate Contracts and Contractors ...... I 1.4, 3.14.2, 424, 455,6, 113.7, 12.1.2, 1225 Shop Drawings, Defini0on of ............... 3.12.1 Shop Drawings, Product Data and Samples 3.11,3.12, 4.2 7 Site, U~e of ....................... 3.13, 6.1.1,6 2 I Site Inspections . .. 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.36, 9.8.2, 9. I 0.1, 13.5 Sit e Visits, Archit est's ................. 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2, 9.5.1, 9.B.2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .......... 4.2.6, 12.2.1, 13.5 Spe(l~lcltlo¢~, Definition o f the ................ 1.1.6 Spe©lflcaflOlle. Tho ......... 1. I. I, 1.1.6, I. 1.7, 1.2.4, 1.3, 3.11 Statutes of Limitations ............... 4.5.4.2, 12.2,6. 137 Stopping the Work ......... 23,4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materials .......... 6.2 I, 9.3.2, 10.2. 1.2, 1 1.3.1.4, 12.2.4 Suboantractof, Definition 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 Subcontractuel Relations ........... 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, 14,32 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1,5.2.3, 7,3.6, 9.2, 9,3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 Subrogltlon, Waivers of ............... 6.1.1, l 1.3.5, 11.3.7 Sub~mntlnl Completion ............ 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 SubstanOal Completion, DefiniOon o f ................. 9.8.1 Substitution of Subcontractors ................ 5.2.3,5.2.4 Substitution of the Architect ......................... 4.1.3 Substit utions of Materials ............................. 3.5,1 Sub-$ubcont factor, Definition o f ..................... 5,1.2 Subsurface Conditions ............................... 4.3.6 S~:~el~ and A~l~fm ............................ 13.2 Sup~'v~ll~Oll illd Co{~tl~..'~}ll P ro©edu rl~l ...... 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, I, 4.4.4, 5,4.1.2, 9.10.2, 9.10.3, 14.2.2 su;ety, Consent of ....................... 9.9,1,9.10.2, 9.10.3 Surveys ..................................... 2.2.2, 3.18.3 Suspension by the Owner for Convenience 14.3 SuspensionoftheWork 4.37, 5.4.2, Iq 1.14, 14 ~ Suspension or Terminadon of the Con~ract 437,5.4 I 1,14 Taxes 3.6, 7364 Termination by the Contractor 14.1 Termination by the Owner for Cause 5.~ I I, 14.2 Termination of the Architect 413 Termination of the Contractor ................... 14.22 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Teats and Inspections 333, 4.26, 4.2.9, 9.4.2, l 22 I, 13.5 TIME 8 Time, Delays end Extensions of ........ 4.3.8, 72. I, 8.3 Time Limits on Claims ......... 4.3.2, 4.3,3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work .............................. 9,3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ............ 12 Uncovering of Wo~ ............................. 12.1 Unforeseen Conditions ................. 4.3.6, 8.3.1, 10.1 Unit Prices .......................... 7.1.4, 7.3.3.2 Value, ~ahedu[~ o! .......................... 9.2,9.3.1 Welver of Clafm~: Final Pllyn~nt ....... 4.3.5, 4.5.1,9.10.3 Waiver of Claims by the Architect ................ 13.4.2 Waiver of Claims by the Contractor 9.10.4, I 1.37, 13.4.2 Waiver of Claims by the Owner ............ 4.3.5, 4.5.1,9.93, Waiver of Liens ................................... 9.10.2 Waive~'s of Subrogation ................ 6.1.1, 11.3.5, 11.3.7 Wamlnty and Warranties ......................... 3.5, 4.2.9, Weather Delays .................................. 4.3.8.2 When A~trotlon May Be Denmndod .................. 4.5.4 Work, Definition of ................................. 1.1.3 Writtetl Interpretations ................... 4.2.11,4.2.12,4.3,7 Written Orde[s .............................. 2.3,3,9,4,3.7, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement betweeu Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated io the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrao tual relationship of any kind ( 1 ) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or paltfally completed, and ip. cludes all other labor, materials, equips-hr ~ services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PI~:),Jr=CT The Proiect 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 1.1.5 THE DRAWN4GS 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- The Specifications are that portk)n of the Contracf Documents con$isUng of the written mqulm'nents for materials, equip- 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- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor, The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. !.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in aeeord- ance with such recognized meanings. 1.3 OWNERSHIP ANO USE OF ARCttITECT'S 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplies shall own or claim a copyright in the Drawings, Spedfications and other dOcuments p~paf~'d by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suJtabfy accounted for to the Architect, on request, upon completion of the Work. by the Architect, and copies tbereof furnished to the Comrac- tot, am for use Ilokty with reapect to this Project. 'llley am no~ to be used by the Contractor or any Subconmactor, Sub- subcoRtractor ol' fr41terlal or equipmetlt iRIppJler ofl Other proJ- ects or for additions to this Project outside the acope of the 6 A201-1~7 AIA ~ A,~I · GENERAL CONDITIONS OF THE CONTRACT IsOR coNSTRUCTION AIAe · ~) 19117 THE AMIERICAN INSTITUTE OF ARCHITECTS. 1755 NEW YORK AVENUE, N W.. WASHINGTON. O.C. 200{}6 and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw this license shall bear the statutory copyright notice, if any, 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 CAPITAMZATION 1.4.1 Terms capitalized in these General Conditions include those which are (l) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "{ill" 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 interpretatio0 of either statement, ARTICLE 2 OWNER 2.1 OERNITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or 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 enfol~:e mechanic's lien rights. Such information shall indude a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five clays after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMAllON ANO SERVICES REO, G6~D OF ~ ~ 2.2.1 The Owner sh~l, at the ~qu~t of the ~ntmctor, pdor to ex~t~n of the ~r~ent ~d promptly from t~e to t~e themft~, ~mbh to ~ ~ntm~or r~nable ~n~ that fi~c~ ~en~ ~ve ~ ma~ to ~lflll ~e Owner's ob~t~ un~r the ~nt~t. [Note: U~ s~h ~o~ble el,i~we ~ fuo1~ on r~t prior to t~ ~ution of t~ ~t, t~ p~ti~ co~r~tor ~ not ~ r~i~ to ~ute t~ ~t or to ~m~ t~ Work.] ~, ~ ~ ~ m~ty ~ ~r the site of ~ ~, ~d a ~ ~n of ~ site. ~.~ ~ for ~l~ ~ f~ w~ ~ ~e ~bflily of ~ ~or ~ ~ ~ ~, ~ Ow~r facilities be furnished By tile Owner with reasonable prompmcss to aw~id delay in orderly progress of tile Work 2.2.5 Unle~ otherwise provided in the Contract DOcuments, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals :ts are reasonably necessary for executkm of thc Work 2.2.6 The foregoing are in addilion lc) other duties and reslxm- sibilibes of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Compietion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or.persistenily fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven<lay period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven~ay period give the Contractor a second written notice to correct such deficiencies within a second seven<lay 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, cor~-'t such deficie~d~. In such case an 'appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of corseting such deft- ciendes, including compensation for the fia~'hitect's additional services and exlx'lx.~ 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 3.1 3.1.1 The Contractor is the person or er, tRy klentified as such in the figreement and is ~ to throushout the Contract Documents as if singular in number. The ten'n "Contractor" means the ContractOr or the Contractor's authorized repre~mtatlve. AIAe '~)I0~7TH£AMERICANINsTrrlJT~OFARCHITECTS. tT~$NEWYORKAVENIJE, NW.,W~ING~,O.C,Z~ A~01-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Thc Comractor shall carefully study and compare thc Comract IX}cumems with each other and with informatk)n furnished by the Owner pursuant to Subparagraph 2.2.2 and omissions discovered. The Contractor shall not be liable to thc and knowingly failed to report it to the Architect, If the Con- tot shall assume appropriate responsibility for such perfor- costs for correction, 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefi~lly compare such field mca surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construe- and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 '?he Contractor shall not be relieved of obfigations to per- form the Work in accordance with the Contract Documents either by actlvRie$ or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 ~ Contractor shall be responsible f'or inspection of por- tions of Work already performed under this Contract to deter- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incoq:x)- rated or to be incorporated in the Work. 3.4,2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and o~her persons carryin~ out the Contract. The Contractor shall not permit empioyment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 l'l~c Comract()r warrants to the Owner and Architect that of g(x}d quality and new unless otherwise required or permit from defects not inherem in thc quality required or permitted, and that the Work will conform with the requirements of thc ments, including substitutions not pro.fly approved and authorized, may ~ considered defective. The Contractor's warranty excludes remedy for damage or defect cau~d by wear atld tear under norm~ usage. If required by ~he Architect, and quality of materials and equipment 3.~.1 The Contractor shall pay ~les, consumer, u~ and similar taxes for the Work or portions thereof provided by the Con- tractor which are l~ly enacted when bi~ are received or n~otiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERM,S, ~ AND NOTES 3.7.1 Unie~ otherwi~ provided in the Con~ct ~uments, the Contractor shall ~ure and pay for the building ~rmit and nece~a~ for proof execution and completion of the Work which are c~tomarily ~red a~er execution of the Contract and which are ie~ly required when bids are received or nego- 3.~.2 The Contractor sh~l comply with ~d give notices required by laws, ordinances, ~ies, regulations and ~w~l orders of public authorities b~ring on performance of the Work. $.7.3 It is not ~e Contm~or's r~ibility to ~e~ the Contract ~umen~ ~e in accor~nce wi~ appli~ble laws, statute, ordi~, buildi~ c~, and ml~ and tions, Howler, if the ~ntm~or o~ that ~ of the sh~ promptly not~ ~e ~chit~t ~d Ow~r in wfit~g, n~ ch~ s~l ~ a~omplBhed by app~p~te M~iflcation. $.7.4 If ~e ~n~ctor ~r~m Wo~ know~ it to ~ ~n- r~tio~ wither s~ no~ to ~e Archit~ ~d Ow~r, the ~nt~or sh~l ~u~ ~ r~ibility for such Wo~ and shMI ~r the a~flbumbie ~m. 3.8.1 The Contractor shall include in the Contract Sum by allow~c~ ~l ~ suppli~ for s~h ~oun~ and by such shall not ~ required to ~pk)y ~r~ or entiti~ a~nst 3.8.2 Units othe~ provi~d in ~e Contract ~uments: ~ p~ptly by t~ Ow~r to avoid ~y in the mate~ ~d equ~nt ~liver~ at the site ~d requir~ ~, ~ a~l~b~ trade d~un~; allowances under Clause 3.8,2,2 and (2) changes in Project site during performance of the Work. The superinten- 3,10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 Thc Contractor, promptly after being awarded the Con- required by the conditions of the Work and Project, shall be 3.10.2 The Contractor shall prepare snd keep current, for the schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11,1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Ordcv~ and other Modifications, in ~ order and marked currently to record changes and selections made during cot~t~uction, and in addition approved Shop Drawings, Proct- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Al~hi- tect for submittal to thc Owner upon con~pletion of thc Work. 3.12 ~40P DRAWIN~S, PROO~CT DATA ANO S,~MPt. ES 3.12.1 Shop Drawings are drawings, clia~or"Afn$, schedules and other data specially prepared for the Work by the Contractor or 3.12.2 Product Data are illustrations, standard schedules, per- 3.1lL$ Samples are physical examples which illustrate materials, equipment or workmanship and establish standard.,; by which the Wonk will be judged. S.12.4 Shop Drawings, Pr~xluct Data, Samples and similar sub- mlttal~ arc not Contract I~xmmcnts. The put~tx~e of their sub- ~s suhjcct m thc limitatk)ns of Subparagraph 4.2.7 3.'19.5 Thc Contractor shall review, approve and submit to thc Architect Shop Drawings, Product Data, S~ples ~d similar submittals required by the Contract Documents with re.on- able promptness and in such ~quence ~ to cause no delay in required by the Contract ~umems may be returned without 3.12.6 The Contractor sh~l perform no portion of thc Work requiring submittal and review of Shop Drawings, Pr~uct Data, S~pl~ or similar submittals until the res~crive submit tal h~s been approved by the Architect. Such Work shall ~ in accordance with approved submittals. 3.12.1 By approving and submitting Shop Drawings, Product Data, S~ples and similar submittals, the Contractor repre~n~ that the Contm~or h~ dete~ined and verified mate~, field will do ~, ~d h~ checked and c~rdMated the information contained within such submitta~ with the requiremenU of the 3.12.8 The Cont~or shall not ~ relieved of responsibility for dev~tio~ from requiremen~ of the Contract ~umen~ by the Mchit~'s approval of Shop D~wings, Product ~ta, S~ples or similar submitt~ unless the ~ntmctor specifically info.ed the ~chitect in writing of such ~v~rion at the time of submittal and the Architect h~ given written approval to the s~cific deviation The ~ntractor shMl not be relieved of r~nsibility for errors or om~sions in Shop Draw- ings, Product Dam, S~ples or similar submittfls by the ~chi- tect's approvfl thereof. 3.12.9 ~e ~ntmctor ~1 direct s~ific attention, in writing or on ~ubmitt~ Shop Dnwings, Pr~uct Data, S~ples or simil~ submitS, to revBio~ other than tho~ ~qu~ted by 3.1~.10 lnfo~tio~ submit~ u~n which the Mchitect not c~ to ~e ~ive aaion ~y ~ ~ identified in the ~ntm~ ~. 3.12.11 Wh~ pm~ ~fi~tion of ~ffo~ cflte~ of ~t~, ~ or eq~t ~ ~ by ~c ~m~, ~e ~it~ s~ ~ ~titl~ to ~ly u~n the accu~cy ~d ~mp~ of such ~uht~ ~d 3.13.1 The ~ntmctor sh~l confine o~m~o~ at the site to ar~ ~itt~ by ~w, ordi~nc~, ~i~ and the ~nt~ct ~m~ ~d ~ not un~bly encum~r the site with mate~ or ~u~t. ~.14.1 The ~nt~tor sh~l ~ res~nsible for cutti~, fitting or ~tch~ ~ui~ to complete the Work or to make i~ fit t~r p~fly. 3.14.2 ~ ~n~or s~ ~t ~ or en~r a ~n of t~ W~ ~ ~y ~ ~y ~ ~ Of ~e Own~ or ~ ~t~o~ by ~tt~, ~t~g or ot~r- A201-1~7 9 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing ares free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project 3.15.2 If the Contractor fails to clesn up as provided in the thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 Thc 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 such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.16.1 To the fullest extent permitted by law, the Contractor shall indemdify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and agaitx~t claims, clama_ges, loses md e~, inciod- lng but not limited to attorneys' fees, arising out of or resulting from pedormance of the Work, provided that such claim, dam- age, Io~ or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destxuction of tangible prop- erty (other than the Work itael0 including Io~ of use resulting therefrom, but only to the extent caused in whole or in part by negli~nt acta or omissions of the Contractor, a Subcontractor, anyone clireefly or indirectly employed by them or anyone for wh~e acts they may be liable, regardless of whether or not such claim, damage, loss or expense is causecl in pall by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otberwise exist as to a party or person described in this Paragraph 3.18. 3.16.9 In claims against any person or entity indemnified under this Paragraph 3,18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for who$e acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be itmited by a Umitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Suboantmctor u~t' work~t~' or workmen's compensation acts, dtaabffity benefit acts or other employee benefit acts. 3.18.$ The obl~nious of thc Contractor onder this Patagraoh 3.18 shall no~ extend to the itahiilty of the Architect, the Archi- tect's consultants, and agents and employees of an}, of them arising ()ut of(I) tile preparation or appruval of maps, drawings, opinkms, re[x)rts, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authorit}; of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect agsinst whom the Con- tractor makes no reasonable objection and whose status under the Contract DoCuments shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arhitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect wUl provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is duc and (3) with the Owner's concurrence, from time to time during thc correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, u nlea~ otherwise modified by written instrument in accordance with other provisions of the Contract. 4.9.~ The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progt--~s and qusltty of the completed Work and to determine in general ff the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Amhitect wtfi keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work, 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, aeq~-~zes or procedures, or for safety precautions and prosraru$ In connection with the Work. since tl'~a~e are 3.3. The Architect will not he.reqxmalble for the Contractor's falhire to cany o~tt the Work in accordmce with the Commct Documents. The Architect will not have control over or cha~e of and will not he responsible for acts or omissions of the Con- 10 A201-1987 other persons performing portions of thc Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- 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 the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will 4.2.6 The Architect will have authority to reject Work which Architect considers it necessary or advisable for implementa- 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- suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4,2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the while allowing sufficient time in the Architect's professional iudgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the ~cy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or sysmms, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals 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 precautlo~ or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or p~res. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, 4.2.6 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4,2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and fot~vnrd to the Owner for the Owuer's review and records written warranties and related ~ts requiced by the Contract and assembled by the Comt~ctor, and will issue a ~ C..e~lfficate for Payment upon compliance with the requirements Of the Contract Documents. 4.2.¶0 If the Owner and Architect agree, the Archftect will pro- vi01= one or more project repres~nt~ht~ to assist in carrying ()ut the Architect's responsibilities at the site. Thc duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Archieect shall be f'dr- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings, When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not_ show partiality to either and will not he liable for results of interpretations or decisions so rendered in good faith, 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or .relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3,2 ~ of ~ Claims, including those alle$ing an error or omission by the Architect, shall be ~ferred initially to the An::hitect for action as provided in Para~aph 4.4. A deci- sion by the Al'chitect, as provided in Subl:rlu'~raph 4.4.4, shall be required as a conditfon precedent to arbitration or litigation of a Claim hetween the Contractor and Owner as to all such matters arising prior to the date final payment is due, re~gdle~ of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not he a condition precedent to arbitration or Iftlgndon in the event (1) the position of Architect is vacar~t, (2) the Architect has not received evidence or has failed to render a decision within agr~x:l time limits, (3) the Architect has failed to take action requited under Subparagraph 4,4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Ctal~m. Claims by either p~ty must bc made within 21 days alter occurrence of thc evem ~tvln8 rise ro such Claim or within 21 days after the dalmam tim recosflizcs the ~ Mvln~ rbe ro thc Claim, whichev~ Is later. Clzims must be made by written notice. An additinnsl Clatm made after the ~lflll Chim hss bccfl implemented by Chan~e Or(ret will not he co~sldered unless submitted in a timely mnnner. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final 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 tile Contract Documents 4.3.5 Waiver of Claims: Final Payment. The making of finsl payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con ditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given;to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons, Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the deciKton. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- ruination, subject to further proceedings pursuant to ~ph 4.4. 4.3.7 Ckllml for Addltlmml C~ If the Co~ctor wishes to make Claim for an increase in thc Contract Sum, wfltten notice as provided herein shall be given before proceeding to execute the Work. Prior notice is ~ required for cl~:lm$ relat~ to an emergency el~langering Ufe or property.arising under Para- graph 10.3. If the Contractor believes additioltal cost is involved for reasons incl~Kgng but not limited to (1) a wdtten interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspenK~on or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Ctalnm for Additional Time 4.3.8.1 If thc Cobtractor wishes to make Claim for an increa~ in the Contract Time, written notice as i~o~tded heroin shall be given. The Commc~or's ~ ~ include an estim~m of COSt and of probable effect of delay on prosress of the Work. In the case of a'continulng delay only one c'],]lm is 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction 4.3.9 Injury or Damage to Person or Property. If either party ti) d~c Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in SubparAgraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. .4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4,3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 Ifa, Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the A~'hi~'ct will render to thc parties the Architect's written decision relative to [he Claim, indudin~ any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a po~ibtlity of a Contractor's default, the Archi~ct may, but is not obligated to, ~otify the surety and request the surety's assistance in re.living the controversy. 4,6 ARBIll~ATION 4.5.1 Contmvemi~ and Clalm~ ~l~nct to Ae~ratlon. Any controversy or Claim arising out of or related to ~he Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Sub~h 4,3.5. Such controversies ot Claims upon which the Architect has given notice and ren(tered a dec.ion as provld~l in Subp~'~ 4.4.4 shall be subject to arbitration upon written demand o{' either patty. Arbitration may be commenced when 45 days have pas~zd after a Claim has been referre~ to tl~ Architect as provided in ~ph 4.3 and no decision has been rendesed. 4.5.2 Rules and Notices for Arbitration. C 'laims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, bc decided by arbitration in accordance with the C~onstruction Industry Arbitration Rules of the American Arbitration A.~sociation cur rently in effect, unless the parties mutually agree otherwise Notice of demand fi)r arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect· 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3,4. 4.5.4 When Arbitration May Be Bemanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5,4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by:such decision must be made within 30 days after the date on which the party making the demand receives the final wdtten decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a dec~ision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5,4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4,5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Umltlrilon ott Cott~l~[~ o¢ ~d~l'. Ho arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other mant~r, the Architect, the Architect's employees or consultants, except by written consent containing s~'tfic refet~lce to the Ag~e- 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 I~ any other manner, patties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose p~,~.sence is required if eomplere relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute conseltt to a~olt ration of a dlllput¢ nor delK:ribed therein or with a person or entity not rmmecl or described the~in. The fore- going a~'eemens to arbfteste and other aSr'cements to ariMtrare · with an additional ~ or entity duly consented to by patties to the Agre~-nt shall he s~clfically enfortxgable under appli- cable law in any couR having Jurisdiction thereof. 4.5.6 Claims and Timely Asserdon of Claims. A party who demand all Claims tben known to that party on which arbitra tion is permitted to be demanded When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequent]y, 4.5.7 Judgment on Final Award. Thc award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site, The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ti(able after award of the Contract, shall f~mish in writing to the Owner through the Architect the names of persons or emi- ties 0ncluding those who are to fiJmish materials or equipment fabricated to a special design) proposed for each prindpal por- tion of the Wonk. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- sor~ or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to coptract with anyone to whom the Contractor hzs made reasonable obiection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in subminlng names ~s required. $.2.4 The Contractor shall not change a Subcontractor, person or enslty previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, {o tile extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon tract agreement shall preserve and prote~t the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the ber~efit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the .execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. ;Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SU6CONTRACT$ 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 afxer termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract, 5.4.2 If the Work has been :~nspended for more than 30 days, the Subcontractor's compensation shall be equitably adinsted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY ~EPARATE CONTR~. CTORS 6.1 OWNER'6 RIQHT TO PERFORId CONSTRUCllON AND TO AWARD 8F. PARATE CONTRAG~'~ 6.1.1 Thc Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.'I.2 When ~'p~trate contracts are awarded for different por- tions of the Project o¢ other cooatmctinn or o~-ratkm$ on the site, the term "Contractor" In the Corumct Documents in each case ~ mean the Contracto~ who executes each ~re Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of thc 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 ioint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1,4 LTnless othecvvise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- 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 rea~nably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be boroc by the party responsi- ble therefor. 6.2.4 Thc Contractor shall promptly remedy damage wron¢- fully caused by the Contractor to completed or partially eom- pleted construction or to property of the Owner or separate contractors as provided in Subp~agl~tph 10.2.5. 6.2.6 Claims and other disputea and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the sel:rarate contractor has reciprocal obligations. 6.2.6 The Owner and each sepatate contractor shall have the same responsibilRles for cutti~ and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.6.1 If a dispute a~ses among the Contractor, separate con- tractors and ~he ~ as m d'g responsibility unde~ ~hc~* reapectlve eomraets lot m~-,;.~-,;~ the ixenmes and surround- lng area free from waste fnaterlal~ and rubbl~ as de~t~ In Paragraph 3.15, the Owner nmy c[e~n up nnd allocate the eo~t among thnse responsible as the Architect determlnea to be Just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in tbe Work may be accomplished after execu- tion of thc Contract, and without invalidating the Contract, by Change Order, Constmctinn Change Directive or order for a minor change in the Work. subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based ut~n agreement anaong Ibe Owner, Contractor and Architect; a Constructinn 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 thc Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contact Documents, and the Contac- tot shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that appli,cadon of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in gubparagl~ah 7.3.3. 7,3 CONSTRUCTION ~ OIREClWES 7,3.1 A Construction Chafli~ Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, direetin8 a change in the Work and stating a prosxic, ed basis for adjustment, if any, in the Contact Sum or Contact Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general .scope of the Contract consisting of addi- tinns, deletions or other revisions, the Contract Sum and Con- tact Time being adjusted accordingly. 7.8.2 A Construction Change Directive shall be used in the absence of tntal agreement on the terms of a Change Order. 7.3.$ If the Construction Change Directive provides for an adjustment to the Contact Sum, the adjustment shall be based on one of the foliowit~ methods: .I mutual a<:x:~"ixan~ of a lump sum properiy itemized and suppotled by $o flkat~lt anl:~tantiaring data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently ~ upon; tile parties and a mulually accepmhlc fixed or perceni. .4 a'~ provided in Subparagraph 736. 7.3,4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- 7.~.R A Construction Change Directive signed by the Contrac- method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Comactor 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 attr!butable to the change, includ- ing, in case of an increase in the Contact Sum, a reasonable allowance for overhead and profit, In such case, and also under Clause 7.3,3.3, the Contractor shall keep and pre. sent, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contact Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by compensation insurance; .2 costs of materials, supplies and equipment, includ- .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all boncis and insurance, permit fees, and sales, use or similar taxes related to the Work; and .vi additional costs of supervision and field office person- nel direclly attributable to the change. 7.3.7 Pending final determination of co~t to the Owner, amounts not in dispute may be included in Applications for Payment, The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as eon- firmed by the Arghitect, When both additions and credits covering related Work or substitutk)ns 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.%vi If the Owner and Contactor do not agree with the adiustment in Contact Time or the meth(x:l for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.S.~ When the Owner and Contractor agree with the deter- minatinn made by the Architect concerning the adjustments in the CAtaract Sum and Contract Time, or othez~se reach agree- ment upon tM adjustments, such agreemem shall be effective immediately and shall be recorded by preparation and execu- tkm of an appropriate Change Order. A201.1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority t<l order minor changes ARTICLE 8 TIME 8.1 DEFINmONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adiustments, allotted in the Con- tract Documents for Substantial Completion of thc Work. 8.1.2 The date of commencemem of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined, 8.2 PROGRESS AND COMPt. ETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract, By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for p~rforming the Work. 8.2,2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days Or other agreed period before commendng the Work to permit the timely filing of mo~,ages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quste forces and shall achieve Substantial Completion within the Contract Time. 8.3 D~L~YS AND EXTEN~ONS OF TIME 8.3.1 if the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other c.au.e~s which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such rea.~mable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable p~ovislons of Pamsraph 4.3. 8.3.~ This paragraph 8.3 does not preclude recx)very of dam- ages for delay by either party under other ptovisinns of the (N mt tact D(x:uments. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 Thc Contract Sum is statL, d in tile Agreemenl and, includ- 9.2 SCHEDULE OF VALUES 9.2.1 15eforc the first Application for Payment, thc Comractor shall submit to thc Architect a schedule of values allocated to various portions of thc Work, prepared in such fimn and sup may require. This scbedule, unless objected to by thc ~chitect, shall ~ used as a b~sis for reviewing thc Comraclor's Applica- tions for Payment. 9.3 APPL~ATIO~ FOR PAYM~T 9.3.1 At le~t ten days ~fore the ~te established for each pr~re~ payment, the ~ntmctor shall submit to the ~chitect an iterated Application for Paymem for o~rations completed in accor~ce with the schedule of vMues. Such application sh~l ~ notated, if required, ~d suppled by such data substantiating the Cont~ctor's H~t to payment ~ the Owner or Arehit~ may require, such ~ copi~ of requisitio~ from if provided for elsewhere in the Contm~ ~umen~. 9.3.1.1 Such applications may include requests for payment on account of chang~ in the Work which have ~en pro~riy authoriTzd by Construction Change Directiv~ but not yet included in Change Orders. 9.3.1.2 Such applicatio~ may not include requests for pay- Subcomractor or material supplier because ora dispute or other 9.3.2 Unle~ otbe~e provided in the Contract ~uments, payments shall ~ made on account of mate~b md equipment defiver~ and suitably stood at the site for sub~uent incor- ~mtion in the Wo~. If approved in adv~ by the Owner, ~ym~t ~y similarly ~ m~ for mate~ ~d ~ui~ent suitably stored off the site at a ~n ~ u~n in wfitMg. Payment for mated~ ~d ~ui~nt sto~ on or off the site sh~l ~ con~t~ned u~n ~m~e by ~e ~ntm~or with pr~u~ ~tb~o~ to the O~ to ~b~ the Ow~r's ttt~ to su~ mat~ ~d ~u~t or ~hc~ p~te~ the Owner's inter.t, and ~1 i~l~ ~plimble imumn~, sto~e ~d tms~ation to the site for ~h mte~ ~d equipment sto~ off the site. 9.$.3 The Contractor warrants that title to all Wnrk covered by an Applicatkm for Payment will ~ to the Owner no later than the time of payment. The ~nt~tor ~her warran~ that u~)n submittal of an Appli~tion for Payment all Work for which Ce~ifimt~ for Paym~t have ~n prevkmsly ~ and payments received from the Owner shall, to the best of tbe ~mractor's knowl~ge, informtion and ~lief, ~ free ~d favor of the ~ntr~tor, Su~ntm~om, ~tc~ suppliem, or oth~ ~}ns or ~tlt~s ~kl~ a ~ by ~)n of ~ving prov~ ~)r, matefl~ ~d ~ulpm~t ~hring to the Work. e.4 ~ ~ p~ g.4.1 The Archit~ will, within ~ ~ys a~er re~ipt of th< ~mtractor's Appli~atinn for Payment, citer L~Rue to the 16 A201-1987 9.4.2 Tfi¢ is.suance of a Certificate for Paymem will constitute a repre~ntation by the Architect to the Owner, based on thc Architect's observations at the site and the data comprising thc Application for Payment, that the Work ha~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 Documems. Thc foregoing representa tkms arc subject to an evaluatkm of thc Work for conformance with the Contract D~x:uments upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the iSSuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequen~.'es or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the ArchRect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot aF~'ee on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tea may also decide not to certify payment or, because of subsequently discovered evidence or subsequent obe, ecvations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .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 bc com- pleted for the unpaid balance of the Contract Sum; .8 damage to the Owner or another cxmtractor; .8 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balan~ would not be adequate to cover actual or [iqtlldated dama~s for the anticipated deisy; or .? persistent failure to ~u'ry out the Work in accordance with the Contract DOCUments. of the Work. The Contractor shall, by appropriate agreement similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9,6.4. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issu~ a Certificate for Payment, through no fault of the Contractor, within seven days after date established in the contract Documents the amount cer- tilled by tl~ Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architea, stop the Work until payment of the amount owing has been received. The contract Time shall be emended appropriately and the Contract Sum shall be increased by the anaotmt of the Contractor's reasonable co~ts of shut-down, delay and start-up, which shall be accomplished as. provided in Article 7. 9.8 SUBSTANTIAL COMPt. ETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- 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 prompdy to com- plete and correct items on the list. Failure to Include an item on such list does not alter the nm0onslbillty of the Conteactor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Arc[Mtect will make an inspection to determine whether the Work or desig- of Substantial Con'~plerion which sh'.dl establish the date of Sub- tion. The Certificate of Substantial Completion shall be sub- 9.0.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Worli. 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, [z~atl~age if any, secu- rky, maintenance, heat, utilities, damage to the Work and iosur- an. ce, and have agreed ill writi~ concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare md submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occo- i:mtcy or use shall not be unreasormbly widd~d. The stage of the progress of the Work shall be determined by written agree- reached, by decision of the Architect. 9.9.2 Immediately prior to such partial o¢~'upancy or use, the Owner, Contractor and Architect shall ]dimly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the 9.10 FINAL (~A~PLEI1ON ANO FINAL PAYMENT 9.10.1 Upo~ receipt of written notice that the Work is ready for final Impectiofl and acceptsm:e and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when tile Architect finds thc Work accept- able under the Contract EX~cuments and thc Comfact fully per- furmed, the Architect will promptly issue a final Certificate for Payment stating that to the best of tile Architect's knowledge, information and belief, and on the basis of the Arcbitect's observations and inspections, the Work has been completed in accordance with terms and conditions of thc Comract L~)cu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (I) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice ha~ been given to the Owner, (3) a written statement that the Contractor linows of no substantial ~ason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such receipts, releases and waivers of liens, claims, security interests or encumbt~uaces arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor 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 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Krchitect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, ~ without temainating the Contract, make payment of the balance due {or that portion of the Work fully completed and accepted. If the remaining b~lnce for Work not fully com- pleted or corrected is less than retainaSe stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of s~ety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect p0x)r 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 a.~ provided in Sub- paragraph 4.3.5. 9.10.4 Acc~ce of final payment by the Contractor, a Sub- contractor or material supplier ~ e~mstltute a wa~er of cfalm$ by that p~yee ex.pt tho~e pt~wloudy made in writing and identified by that payee as unsettled at thc time of final Application for Payment. Such walve~ shall he in additinn to the waiver described in Subparagraph 4.3.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS bipbenyl (PCB) which has not been rendered harmless, tile area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, Article 4. polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall from and against claims, damages, losses and expenses, includ- material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, danmge, Ioas or expense is attributable to bodily injury, sickness, disease (other than the Work itsel0 including loss of use resulting 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, ~ardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not he construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4.- 10.2.2 Tile Comractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders ~)f puhlic amhorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The (~ontractor shall erect and maimain, as required by able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other bazardous care and carry on such activities under supervision of properly qualified personnel. 10.2.$ 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 directly or indirectly employed b~/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. I.3,'except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of acddents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the 10.3 EMERGENCIES 10.3.1 in an emergcocy affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or los& Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 10.2 SAFETY Of: PERSONS AND PROPERTY 10.2.1 Thc Contractor shall take reasonable precautions for .safety of, and shall provide re3.sonable protection to prevent d~u~tage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the ComPactor's Subcontractors or Sub-sulxx)ntrac- tom; and .3 other l{)~op~7 at the site or adjacent thereto, such as trees, shrubs, fawns, walks, pavements, roadWays, stmctu~ and utilities not designated fu¢ ronoval, ~o- cation or replacem~t in the coul~e of consmlction. INSURANCE AND BONDS 11.1 CONTRACTOR'S UABIUTY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or compmlies lawfully authorized to do business in the Surisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise ()ut 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 he liable: .1 claims under workers' or workrnen's compensation, dtsabdity txmeflt and other amllar employ~ behest acts which an~ apl3~able to the Work to be perf(xmed; A201-1987 19 .3 claims R~r damages bec;lu,';c of bodily injury, sickness .4 claims fi)r ~m~ges insured by usual i~rson~l injury liability coverage which arc sustained (1) by ~ ~rson erty, including loss of use resulting therefrom; .6 c~ims for ~ges ~c~ o~ bodily inju~, d~th of .? claims involving contractual liability insurance appli- cable to the Comractor's obli~tions under Paragraph 3.18. ~ ],1.~ The insur~ce required by Subp~ph 11. t. I shMl written for not l~s than limits of l~bility s~ciF~d in the Con- tract ~uments or required by ~w, whichever coverage is grater. Coverages, whether written on an ~currence or clads-made b~is, shMl be maint~ned without interruption from ~te of commencement of the Work until ~te of final pa~ent ~d termination of~y coverage required to ~ main- t~ned after finM paymem. ]].~.$ Ce~ifi~t~ of I~ur~ce accep~ble to the Owner shall be fded with the Owner prior to commencement of the Work. Thee Ce~ifi~tes ~d the ~su~ ~lici~ required by P~raph 11.1 ahMl COhen a provBion that cove~ges afforded under the ~lici~ will not ~ ~celled or ~lowed to expire until at le~t 30 ~ys' prior wrR~n notice ~ ~en given to the Owner. If ~y of ~e for~oi~ ~u~ce cove~ are r~ulr~ to r~ in force ~er fi~ ~yment ~d ~ ~n- ably av~ble, ~ additionM ~rtifi~te evi~ncing cont~tion of such cove~e sh~ ~ submlrt~ wi~ the fi~ Appli~t~n for Payment ~ ~quir~ by Su~ph 9.10.2. Info~ation ~m~ ~t~n of ~ve~ s~ ~ ~m~h~ by the ~nt~or with r~ble p~pm~ ~ accor~ ~m~or's ~fo~lon ~d 11.2 ~'S~~ 11.2.1 ~= ~; s~] ~ ~ib~ ~r pu~ ~d m~nt~; thc Owner's ~ I~Ry ~u~. ~7, thc Owner ~y pu;c~ ~d ~ ot~er ~u~ ~r ~ff- p~t~n ~ c~ wh~h m~y ~ from un~; thc ~nt~t. ~c ~n~tor ~1 not ~ r~iblc ~o~ purch~in8 ~d m~i~ thb opt~ Owner's I~b~Ry i~u~ce unl~ s~ifl~lly ~uired by the ~ntmct l~.a.~ Units otherw~ provided, the Owner shall purch~ and maimaln, in a ~m~ny or com~ni~ ~w~lly authorized ro do b~in~ in the jur~i~ion in which the Proj~t is k~t~. pro~rty insuc~ in the ~ount of the inR~l ~n- tra~ Sum ~ walt ~ su~t m~fl~t~ thio ~r the entl~ Work at t~ Mre ~ a ~t ~t ~ writ vol- un~ ~1~. ~ p~y I~u~ sh~ t~n~, u~ ~ ~w~ ~ t~ ~mt~ ~m or {~he~ ~ in w~ by ~l ~ md ~tltl~ who a~ ~e~ ~s~h l~r~, umll ~ ~y~t h~ ~n m~ ~ ~vld~ in ~aph 9. I 0 or ~til ~ ~n or ~tity required by this I.'aragraph 113 to be covered, whichever is earlier. This insurance shall include interests of tbe Owner, Ibc Work 1].:3.1.1 Property insurance shall bc on an ali-risk F-x~licy form and sh:dl insure against tbe tYerils of nrc and extended coyer'age and physical loss or damage including, without duplication of coverage, theft, vandalism, malicic, us 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 Documems. 11.:3.1.2 If the Owner does not intend to, purchase such prop- erty insurance required by the Contract and with all of thc coverages in the amount described above, the Owner shall so the Work, The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and b9 appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall hear all reason- able costs properly attributable thereto, 1 ~.:3.~.: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 hecause of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles~ If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machlneqf Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specif~-'ally c(Jver such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.:3.:3/O~$ O[ U~ II~U~i~e. 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 ail ~ights of action against the Contractor for loss of use of the Owner's property, including consequential k}sses due to fire or o/~her hazards however caused. 11.$.4 If the Contractor requests in writing that insulgulc~ for ri$1rs other th~tl tho~ described herein or for other special haz- ar~ be 'lnelud~l in the property insurance policy, the Owner shall, if po~lbl~, Include such Inaorance, and the cost thet~of shall he charged to the Contractor by appropriate Change Order. 11,3.5 If during thc Project construction tx'riod thc Owner insures properties, real or personal or Ix)th, adjoining or adja ccm to the site by property insurance under ~licies ~paratc from tho~ insuring the Project, or if after final payment prop erty insurance is to be provided on the completed Project through a ~flicy or policies other than those insuring the Proj- ect during the construction period, the Owner shall w~vc all rights in accor~nce with the terms of Subparagraph 11 37 for d~ages caused by fire or other ~rils covered by this separate pro~rty insurance. ~1 ~pamte ~licies shall provide this waiver of subrogation by endor~ment or otherwise. 11.3.6 ~fore ~ exposure to loss may occur, the Owner shall file with the Contractor a copy of each ~licy that includes insurance coverages required by th~ Par~mph 11.3. Each ~licy sh~l cont~n ~1 generally applicable conditions, defini- tions, exclusions md endor~menm related to this Project. Each policy sh~l contain a prov~ion that the ~licy will not be c~celled or ~lowed to expire until at l~t 30 days' prior writ- ten notice h~ been given to the Contractor. 11,3.7 WaNe~ of ~b~a~on. Tbe Owner and Commctor w~ve ~l figh~ agorot (1) each other ~d my of ~eir su~on- tmctom, sub-su~ontmctors, agenm md empfuy~, ~ch of the other, md (2) the ~chit<t, Mchitect's consultmm, ~mte contractors d~ribed in ~icle 6, if ~y, ~d ~y of their sub- contractor, sub-su~ontmctors, ~enm and empioye~, for d~ages ~u~d by fire or other ~rils to tbe extent covered by pro~rty iosur~ce obt~ned pursomt to th~ Paragraph I 1.3 or other pro.ny insurmce appti~ble to the Work, ex.pt such rights ~ they have to p~ee~ of such insu~ held by the Owner ~ fiducia~. ~e Owner or Contractor, ~ app~p~te, sh~l require of the Mchitect, Mchitect's consuhants, serrate . ~ntmctors descried in Afficle 6, if ~y, ~d the su~ontmc- tom, sub-subcontractor, agents and employe~ of~y of them, by appropmte ~r~menm, written wbe~ l~ly required for v~idity, simfl~ w~ve~ ~ch in favor of other prates enum- emt~ hereto. ~e ~lici~ shill provide su~ w~ve~ of subro- gation by endor~ment or otbe~. A waiver of subr~tion sh~l ~ effective = to a ~n or entity ~en tbou~ ~at ~r- ~n or entity would ot~ have a duty of iodemnifi~on, commct~ or othe~, did not pay ~e i~m~ prmium dir<tly or ~y, md whe~er or not ~e ~n or ~tity had ~ i~umb~ ~te~ ~ ~e pro.ny ~. 11.$.8 l 1o~ ~u~ un~r Owner's p~y ~u~ ~l ~ ad}~ by ~ Ow~r ~ fidu~ md m~ ~E to ~e O~ ~ fld~ for ~e ~u~, ~ ~r ~t~ ~y ~, sub~ to mqulm~m of m? ~pl~ble mo~ee cN~ ~d of Su~ph 11.3.10. Tbe ~nt~or s~ pay Su~ontm~om ~tr lint s~ of ~umce pr~ ~v~ by the ~ntmctor, md by appmpmte ~menm, wfltten wbem ~ly requir~ ~r vflidity, s~l r~ui~ Su~ont~ctors to rake paymen~ to their Sub-su~ntmctors in s~iNr 11.$.9 If ~quir~ in writing by a party in inter.t, the Owner ~ fiducia~ shill, u~n ~currence of m insured I~, give ~nd for proof ~rfo~ce of the Owner's duti~. The ~st of ~u~ ~n~ ~ ~ c~ ~ p~ r~ived ~ f~u~. ~ ~ ~ ~t ~ a ~te ~um pm- ~ ~ ~v~, ~ ~ ~r ~ ~fl~te ~ mr- or~~m~lt~~ p~u~ ~ ~ ~ p~ ~ ~ 4.5. If ~er ~h I~ no o~r ~ ~t b m~. ~t of ~- ~ p~y ~1 ~ ~v~d by ~te ~ O~r. 11.3.10 Thc dwi'itt as fiduciary shall have power Io adjust and shall ohjec'l in writing within five days after occurrence of toss made, arbitrators shall Ix' chosen :is provided in Paragraph 4.5 Thc Owner as fiduciary shall, in that case, make settlement with distributkm of insurance pnx.'eeds by arhitration ~s required, the arbitrators will direct such distributkm. 11.3.11 Partial occupancy or usc in accordance with Paragraph panics providing property insurance have consented to such partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall ha~,e 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 11.4.2 Upon the request of any person or entity appeari.ng to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, tx: 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 its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- to8 and replacement shall, by appropriate Chanse Order, be charged to the Owner: If such Work is not in accordance with the Contract Documents, the Contractor shall .pay such costs unless the condition was caused by the Owner or a separate ctmtractor in which event thc Owner shall be rest)risible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- dona and o:mll~osation for thc Architect's services and e~ made nece~mry thereby. 12.2.2 If, within one year after thc date of Substantial Comple- tion of the Work or designated portion tht[reof, or after the d~te A201-1987 21 ior commencement of warranties established under Sub paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the ContracL The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which arc 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 material~ or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's sewices and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner, 12.2.8 The Contractor shall bear the cost of correcting destroyed or chunaged construction, whether completed or paxially 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- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to .'.he 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 AC(~PTANCE OF NONOONFORMINQ WORK 12.8.1 If the Owner prefers ~ accept Work which i~ not in accordance with the requlremetm of the Contract Documents, thc Owner may do $o in~'amd of req~ ES removal and cor- reetion, in which case the Contract Sum will be reduced as appropriate and equRsble. Such adjustment shall be effected whethes ot no{ final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13,1 GOVERNING LAW 13,1.1 Thc Contract shall be governed by the law of thc place where the Project is located. 13,2 SUCCESSORS AND ASSIGNS 13,2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, a.ssigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be d~emed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing, 13.5 TESTS AND INSPECTIONS 13.5.1 Teats, inspections and approvals of portions of the Work required by tbe Contract Documents or by laws, ordi- nances, niles, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unles,~ other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvala with an independent test- lng laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when mad where tests and inspec- thans are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portflons of the Work require addi- tional teatinS, inspection or approval not included undcr Sub- paragraph 13.5. I, the Architect will, upon written a~tinn from the Owner. instruct the Contractor to make arransements for such additional tearing, inspection or ap[n'oval by an entity acceptable to the Owner, and the Contractor shall glve timely notice to the At~htteet of when and where tests and inspections are to be m~le so the Architect may observe such procedures. paragraph 135 3 13.5.3 If such procedures for testing, inspection or approval under Suhparagraphs 13.5.1 and 13.5.2 reveal failure of thc N~rtions of the Work to comply with requirements established hy thc Contract l)ocuments, the Contractor shall bear all costs made necessary by such failure including those of repeated 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, he secured hy tile Contractor and promptly delivered to tile Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 ~TEREST 13,6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 AS between the Owner and Contractor: .1 Before Substantial Completion. As to actsor failures to act occurring prior to the relevant date of Substan- dal Completion, any applicable statute of limitations shall commence to run and any ~ cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Belween Sub~ntlal Completion and Rnal Certifi- cate for I~yment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate ~)r Payment, an~' applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events ~ot later than the date of issuance of the final Certificate for Payment; and .3 After Filial Cer6flcat~ for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty plxwided under Paragraph 3.5, the date of any correct km of the Work or failure to cocrect the Work by the Contractor un(let Paragraph 12.2, or the date of actual comml.ssion of any other act or failure to perform any duty or obli~atkm by the C(mtractor or Owner, whichever occurs 'la.st, ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate thc 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: .t issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated i~ the CSntract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to fi:rnish tO the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including 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 eec'over from the Owner as pn)vided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2,1 The Owner may temtinate the Contract if the .1 persistently or repeatedly refiJses or fails to supply enough properly skilled workers or proper materials; or tabor in accordance with the respective agreements .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provL~ion of the Cxmtract I~)cuments. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archlrect that sufficient cause exist.s n) ju~s- A201-1987 23 tily such action, may without prejudice ti) any other rights or remedies of thc Owner and after giving the Contractor and thc Contractor's surety, if any, seven days' written notice, terrui hate empk)yrueru of the Contractor and may, subject to any prior righLs of the surety: .1 take possession of the site and ()fall materials, equip- ruent, tools, and construction equipruent and ruachin cry thereon owned by the Contractor; .~' accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever re~onable method the Owner may deem expedient, 14.~.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished, 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses ruade 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 thc (~oruractor or Owner, as thc case may be, shall be certified by tl~c Architect, upon appli- cation, and this obligatk)n for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time :ts the Owner may determine, 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percent;igc fee. 24 A201-1987 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 I through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $ 1,000,000 Aggregate, Products and Completed Operations. b. 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 per!od. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. 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 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for ~n accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 · PERFOR.~IANCE BONO ANI[~ LABOR AND K~ATERIAL PAYMENT I[BRUARY 1970 ED · TNt AMrRI(:A~ INSTITUTE OF ARCHITECTS. 1."1~ ~Y AVE.. N.W,. WASHIN(;TON, D C. WARNINg: Unlk:er4ed I~Wlng Idol~t~ I J.8. ooRntght ~ .nd ~- .ul~t to legal ixmeeet~n. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS SOND IS ISSUED SIMULTANEOUSLY WITH PERFORk/~ANCE BOND IN FAVOR OF THE OVVNER CONDITIONED ON THE FULL AND I~AITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Principal, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Hece insert a sum equal to at leasl one-hall o! the contciCl p,icel Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA I~OCUMENT A$11 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO . AIA ~ FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N,Y. AVE., N.W., WASHINGTON. O. C. 20006 3 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such thal, if Conlractor shall promptly and faithfully perform said Contract, then this obligation shall be nuU and void; otherwise it shall remain in full force and effect The Surety hereby waives notice of any a~teraPon or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complele tt~e Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with ~ts terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon delermination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or ¢onlract~ of complelion arranged under this paragraphl sufficient funds to pay the cosl of completion less the balance of lhe contracl price; but not exceeding, including n~her costs and damages lot which the Surety may be liable hereunder, the amount set forth in the firsl para§raph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Conlractor under the Contract and any amendments thereto, less the amounl properly paid by Owner to Contractor. ANy suit under this bond must be inslituled before Ihe expiration of two (2) years from the date on which final payment under the Contract falls due. No right o( action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or Ihe heirs, executors, adminis- trators or successors of Ihe Owner. Signed and sealed this day of 19 tWitne~;) AM DOCUMINT AJll · I~KF¢)IIMANCE BOND AND ~)lt AND MATERIAL PAYMENT lC)ND · AIA ~ FEBRUARY ICl70 El:). · ~ AMEKICAN INSTITUTE C)f AKCHITECTS, 1735 N.Y. AVE., N.W., WAS~IINGTON, O. C. 2~006 2 NOW. THEREFORE. THE CONDITION OF THIS OBtlGATION IS SUCh Ihat, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full Iorce and effect, subject, however, to the fol- lowing conditions: 3. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to inctude that parl of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable 1o the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final iudgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3, No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained Ior the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4, The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 (Tide) AIA DOCUMENT A311 · P~REORMANCE IONI) AND LA$OR ANtr) MATERIAL PAYMENT BOND · AIA ~ fEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHIN(;TON, O. Ci 2~006 WARNING: U~loell~ed pf~pyt~g Mo~te~ U.S. ooplfdght law~ mid hs ~ul~ to leglll ~. 4 FORM OF MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, as Principal and the business for the State of New York at as Surety, are held and firmly bound unto the (hereinafter called the Obligee), as Obligee in th~ sum of (hereinafter called the Principal) Corporation with an office and place of , New York, (hereinafter called the Surety), ($ ). DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of ,19__ WHEREAS, the Principal heretofore entered into a written contract with the Obligee for WHEREAS, said Contract provides that the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said contract with the pedod of __ years from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect. Principal BY: BY: STATE OF ) SS: COUNTY OF ~ On this day of the within named tome to be in and who executed the within bond, and same. 19 before me personally appeared to me known, and known the individual described acknowledged to me that he executed the NOTARY PUBLIC GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (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: supplements thereto. ,19 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 Attest: Principal: NEW YORK ST~T~=,~&EPARTMENT OF LABOR BUREAUE~UBLIC WORK STATE OFFIC ILDING CAMPUS ALBANY. NY 12240 SCHEDULE t999A Date 09/10/99 T/O SOUTHOLD dAMES MCMAHON TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 PRC 9907341 SUFFOLK COUNTY Location and Type of Project PROUECT ID #: NONE SOUTHOLO POLICE DEPT. COMMUNICATION CTR. IMPROVEMENTS,RT. 25 SOUTHOLD,NY In response to your request, enclosed Is the schedule of the prevailing CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this project, enter the necessary information and return this page to Bureau of PuDltc Work, Bldg. 12, Rm. SOBC, Albany, NY 12240, 13O PROUECT HAS BEEN COMPLETED/CANCELED: Signature For additional information, contact our ]ocal Dtstrtct Offices: Albany (518) 457-2744 Blnghamton (607) 72t-8~5 Buffalo (716) 847-7159 Hempstead (516) 485-4878 New York Ctty (212) 352-6088 Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 793-2314 Whtte P]atns (914) 997-9507 PW-200 (6-98) CONTRACT RE ~EMENTS Each public work contract to which the State. a public benefit is a party and which may involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided It shall be the Outy of the department of jurisdiction to file with the fiscal officer, the classification of workers mechanics and l~orers to be employed on a public work project, together with a statement of the work to be performed 'by each classification. (See Section 220.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the vartous classes of mechanics, workers or laborers. (See Section 220.3-a) NO employee shall be deemed to Pe an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio of apprentices to journey- 1eve3 workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who la not registered as above, shell be paid or provided the prevailing wage and supplement rate for the journey level classification of work actually performed. The contractor or subcontractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage eno supplement rates for the area of construction, prior to using any apprentices on the contract work, (See Section 220.3-e) (a) No contractor, subcontractor, nor any person acting on 1ts behalf, shall by reason of race. creed, color, disability, sex or national origin discriminate agatnst any clttzan of the State of New York who is qualified and available to perform the work to whtch the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or disability, sex or national origin. (See Section 220-e(b)) (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated egatnst or intimidated in violation of the provisions of the contract. (Section 220-e(c)) ATTENTION: ALL CONTRACTI AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PRO, IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on puPlic work projects. particblar public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has The prime contractor is responsible for any underpayments of prevailing PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 3, Social Security NumPer, 4. Occupational classification in which worked, B. Hourly wage rate paid 6. Every contractor and subcontractor shall submit to the Dept. of durisdict~on POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or Subcontractor to pay or provide INTEREST ANO PENALTIES: If an underpayment of wages or supplements Is found, NOTICE OF NEW PREVAILING WAgE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements It is the responsibility of the contracting agency or its agents to provide al1 prevailing rate schedules to contractors immediately upon receipt. Any rate chan~e from a previously issued determination becomes effective duly tst~ regardless of whether the new determination has been received by the contractor. PW-202 (4-95) docm: letterd Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of LaPor, dob Service and Training Division, Building 12, State Office BuildingCampus, Albany, New York 12240. ,All inquiries MUST include name anq social security number and wi1) be answered in writing. The response will indlcate whether or not the individual is registered, and if so, Will provide other pertinent information regarding the registration. The only conclusive proofr of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or coptes of state forms are not conclusive proof of the registration of any individual as an apprentice. PW-203 (7-99) docm: letter2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOLD Schedule Type COMPLETE 199gA Date 09/10/99 JAMES MCMAHON TO~N HALL P.O. BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY AGY. OF JURIS. : TOWN NAT. OF PROJECT: ADDITION TO EXISTING STRUCTURE Prevailing Rate Case No. 9907341 01 PROJECT ID #: NONE SOUTHOLO POLICE DEPT. COMMUNICATION CTR. IMPROVEMENTS,RT. 25 Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.22B.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly. you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful biiJder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) r-]Letter of Intent []Contract Signed [-~Resolution Work to be done by this prime contractor:. Type of Contract: CHECK APPLICABLE TYPE BI~I General Construction B 02 Heating/Ventilation [](03) Electrical Plumbing 05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number:. Name: Address: City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) BI IIGeneral Construction Heating/Ventilation Plumbing Other Signature [] (03) Electrical Date Page 1 Prevailing Eai ;hedule New York State Department of .................................. Case Number .................................. 9907341 SUFFOLK 1999A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. PAID HOLIOAYS Paid Holidays are days for which an eligible employee receives a regular day/s pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this ~emuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for WOrk performed on specified holidays; It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be Found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS i Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is For each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES When you review the schedule for a particular trade or occupation, your attention should be directed to the date above the column(s) of rates. This is the date on which the rate become effective. The rate listed is valid until the next effective rate change or until the new annual determination, which takes effect on duly I of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. The departaent of Jurisdiction is required to provtd~ · copy of the current annual determination. Should you have questions, olease contact the Bureau of Public Work or visit the NYS Department of Labor's Web site at www. labor.state.ny.us For current wage rate information. WORKERS COMPENSATZON In accordance with Section 142 of the State Finance Law, the contractor sha11 maintain coverage under the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. -Contractor to be awarded contract must provide proof of Workers' Compensation coverage prtor to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Workers' Compensation Coverage in this state. Case Number ................................ 9907341 SUFFOLK 1999A If you have any questions concerning the attached schedule or would like additional information, please contact nearest BUREAU of PUBLIC WORK District Office or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK. BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. District Office Locations: Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work' Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Bureau of Public Work Telephone# FAX # Albany 518-4§7-2744 518-485-18T0 Binghamton 607-72t-8005 607-721-8004 Buffalo 716-847-7159 716-847-7650 Hempstead 516-485-4878 516-485-0322 Rochester 716-2B8-4505 716-258-4708 Syracuse 315-428-4056 315-428-4671 Utica 315-793-2314 315-793-2342 White Plains 914-997-9507 914-997-9523 New York City 212-352-6088 212-352-6186 Central Office 518-457-5589 518-485-1870 (7/06/99) OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attacheq schedule. Additional requirements may also be listed in the OVERTIME section. A ) Time and one half of the hourly rate after 7 hours per day. AA) Time and one half of the hourly rate after 7 and one half hours per day. B ) Time arq one half of the hourly Pate after 8 hours per day, BI) Time and one half of the hourly rate for the 9th & lOth hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after ? hours per day. Cl) Oouble the hourly rate after 7 and one half hours per day, D ) Double the hourly rate after 8 hours per day, 01) Double the hourly rate after 9 hours per day. E ) Time and one half of the hourly rate on 5aturqay. El) Time and one half 1st 4 hours on Saturday. Double the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, E3) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost durin~ that weekque to inclement weather, proviqed a given employee has worked between 16 and 32 ~ours that week. E4) Saturday and Sunday may be used as a make-up day at straight time Page 3 Prevailing Rat :hedule New York State Department of .................................. Case Number .................................. 9907341 SUFFOLK 1999A F G H L M N 0 P S S1 Double the hourly rate on Saturday, Sunday, and Holidays. W Time and one half For benefits on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS PAID Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained tn the attached schedule. The Holidays as listed 2 4 5 6 7 8 9 10 None. Labor Day. Memorial Day and Labor Day. Memorial Day and duly 4th. Memorial Day, duly 4th, and Labor Day, New Year's Day, Thanksgiving Day. and Christmas Day. Lincoln's Birthday, Washington's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. was~tngton's Birthday. Columbus Day, Eleotion Day. Page 4 ~- Prevailing Rate Schedule ~*, New York Sta Department of Labor .................................. Case Number ................................ 9907341 SUFFOLK 1999A ( 13 ( 14 ( 15 ( 16 ( 17 ( i8 ( 19 ( 2O ( 21 ( 22 ( 23 ( 24 ( 25 ( 26 Presidential Election Day. 1/2 Day on Presidential Election Day. Veterans Day. Day after Thanksgiving Day. duly 4th. 1/2 Day before Christmas Day. 1/2 Day before New Years Day. Thanksgiving Day. ASBESTOS WORKER WAGES(per hour) 7/01/1999 $ 31.61 OVERTIME: See ( C, O, T*, V ) on OVERTIME PAGE. * overtime code T applies to Labor Day only if worked. HOLIDAYS: PAID: See ( 1 ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, ?, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of dourneyman's 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEF[TS;(peP hou~ worked) dourneyman $ 19.64 Apprentices Same % as wages of $ 19.64 WAGES Rem./Abatement only* .... $ 22.00 *On mechanicial systems that are not to be scrapped. OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 work days per week. Rem & Abatement $ 4.00 9-12 BOILERMAKER Page 5 Prevailing Rat :hedule New York State Department of .................................. Case NumDer .................................. 9907341 SUFFOLK 1999A WAGES(peP hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ 33.00 Boilermaker ( 8-hour day ) ............. 34.95 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE for ?-hour day. See ( D, 0 ) on OVERTIME PAGE for 3-hour day. HOLIDAYS: PAID: See ( 8, '16, 23, 24 ) on HOLIDAY PAGE. OVERTIME: See ( 4, 6, 11, 12. 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, at quadruple rate. APPRENTICES: ( 1/2 ) year terms at the Following percentage of journeyman's wage. 1st 2nd 3rd 4th SUPPLEMENTAL BENEFITS: 5th 6th ?th 3th 80% 85% 90% 95% (per hour worked) $ 3.96 plus 47% of wage rate 4-5 CARPENTER WAGES(per hour) 7/01/1999 Building: Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLZDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16, t8, 19, 25 ) For 1st & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 13, 16, i8, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 year terms at the following percentage of dourneyman's wage. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 23.89 Appr 2n~ term 17.36 Appr 3rd term 19.42 AppP 4th term 21.53 9-740 CARPENTER .............. : ................... Case Number .................................. 9907341 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Carpet/Resilient Floor Coverer ......... $ 30.30 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID; See PAID: See OVERTIME: See APPRENTICES: ( 1 1st. 2nd. 3P¢. 4th, 40% 50% 65% 80% SUPPLEMENTAL 8ENEFITS:(per hour worked) - See Below. 18, 19 ) on HOLIDAY PAGE. 5, 6, 11. 13, 16, 18, 19, 2S ) on HOLIDAY PAGE. 9-2287 CARPENTER WAGES(per hour) Plledriver ........... $ DockDuilder .......... 7/01/1999 31,55 31,55 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16I 18, 19, 25 ) For 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 1t, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the Following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1456 CARPENTER WAGES(per hour) 7/01/t999 Marine Diver .......... $ 38.79 Tender .... 28.67 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18. 19 ) on HOLIDAY PAGE. Page 7 Prevailing Rat hedule New York State Department of .................................. Case Number .................................. 9907341 SUFFOLK 1999A PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) fop 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, 11, 13, 16, 18. 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1456/D CARPENTER WAGES(per hour) Ttmberman ......... $ 7/01/1999 28.35 OVERTIME: See ( B, E, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2md yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, t6, 18, 19, 2B ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the fo]lowing percentage of dourneyman's . wage. 40% 50% 65% 80% ; SUPPLEMENTAL BENEFITS:(per!hour paid) - See Below. 9-t536H CARPENTER The following Supplemental Benefits apply to the p?eceding Carpenter categories and/DP Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL BENEFITS:(peP hour paid) dourneymam $ 21,65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: Carpenter ............... $ 29.13 Heavy/Highway: Carpenter ............... $ 29.13 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: ............. l .................... Case NumPer ................................ 9907341 SUFFOLK 1999A PAID: See ( 1 OVERTIME: See APPRENTICES : 3rd yr 4th yr on HOLIDAY PAGE. 5, 6. 10, 16 ) on HOLIDAY PAGE. t ) year terms at the following wages. Heavy/Highway Building $ 11.65 $ 11.65 16.02 16.02 18.93 18.93 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 20.59 Appr 1st & 2nd terms 14.31 Appr 3rd & 4th terms 20.59 4-SUF ELEVATOR WAGES (per hour) 7/01/1999 Elevator Constructor ..... $ 34.415 28.575 Apprentice: (6) month terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th loth 50% 80% 65% 70% 75% 75% 75% 75% 75% 75% OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAYiMODERN./SERV. See ( 8, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 8, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 18 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP Hour worked) dourneyman/Apprentlce: Construction $ 10,855 Modern./Service 10.705 9-1 GLAZIER WAGES(per hour) 7/01/1999 Glazier .............. $ 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. .................................. Ca~e Number .................................. 9907341 SUFFOLK t999A OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folowing percentage of dourneyman's wage. 35% 45% 60% 80% dourneyman $ 17.21 Appr 1st term 8.61 ADpr 2nd term 10.07 Appr 3rd term 11.14 ADpP 4th term 12.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician ............ i $ 34.25 $ 35.25 Fire Alarm ............. : 34.25 35.25 Audio/Sound ............ 34.25 35.25 OVERTIME PAY: See ( B, Q, v** ) on Overtime Page. NOTE: ON NEW YORK STATE OEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 4/29/2000 SWING SHIFT 4:20 P.M.to 12:30 A.M ..... $ 40,19 $ 41.36 GRAVEYARD SHIFT 12:30 A,M.to 8:A.M ........ 45.01 46.33 HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 30% 35% 40% on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the Following Dercentage of dourneyman's 4th 5th 6th 50% 60% 70% SUPPLEMENTAL BENEFITS: (Dercents based on gross wages-others per hour) ?/01/1999 4/29/2000 dourneyman 43.5% + 43.5% + $ 5.43** $ 5.43** App 1st yr 1B% + 15% + $ 3.13,* $ 3.33** ADD 2nd yr 15% + 15% + $ 3.13.* $ 3.33** App 3rd yr 43.5% + 43.5% + $ 5.43** $ 5.43** Page 10 .................................. Case Number ...... J ........................... 9907341 SUFFOLK 1999A App 4t~ yr 43.5% + 43.5% + $ 5.43** $ 5.43** App 5th yr 43.5% + 43.5% + App 6th yr 43.5% + 43,5% + PUMP & TANK WORK 7/01/1999 6/01/2000 6/01/2002 dOURNEYMAN ....... $29.22 $30.10 $31.30 OVERTIME; See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: Paid ( 1 ) Overtime ( 5, 6, 9, i6, 25 ) on HOLIDAYS PAGE. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 85% 50 1/2% of hourly rate 4-25 ELECTRICIAN WAGES (per hour) 04/04/1999 Lineman / Splioer ....................... $ 30.50 * Material Man ............................ 26.54 Heavy Equip. Oper ....................... 24.40 Groundman ............................... 18.30 Flagman ................................. 13.73 OVERTIME PAY: See 9, Q ) on OVERTIME PAGE. 10/03/1999 31.00, 26.97 24.80 18.60 13.95 HOLIDAYS: PAIO: See ( 1 OVERTIME: See on HOLIDAY PAGE. S, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. * APPRENTICES; 1000 hour periods at the following percentage of journeyman,s wage. tst. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 04/04/99 10/03/99 15 % + 15 % + $ 3.41 $ 3.79 .................................. Case Nu~Der .................................. 9907341 SUFFOLK 1999A 4-1049 line ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, Put not limited to, traffic signals and street lighting. WAGES (per hour) 7/01/1999 Electrician $ 27.30 OVERTIME PAY: See ( 8, H, ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following wage. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (pe~ hour worked) ~ 11.98 4-25m TREE TRIMMER - Line Clearance Specialist WAGES (per hour) 7/01/1999 01/03/2000 01/06/2002 $ 19.02 $ 19,50 $ 20.44 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. OVERTIME: See ( 5, B, 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ $ 4.37+ 12.5 % 12.5 % 12.8 % 12.5 % 12/30/2000 $ 19.99 4-1049 IRONWORKER WAGES(per hour) 7/01/1999 .................................. Csse NMmber ................................. 9907341 SUFFOLK 1999A Structural ........... $ 37,70 Riggers ........... 37.70 OVERTIME PAY: See ( B, E*. Q, v ) on OVERTIME PAGE. * for 1st 8 hours, double time thereafter, HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 20.55 21.15 21.15 21,75 21.75 SUPPLEMENTAL BENEFITS:(peP hour worke~) dourneyman $ 22.33 Apprentices 17.88 21.75 9-40/361 IRONWORKER WAGES(per hour) 7/01/t999 Reinforcing & Metal Lathing .......... $ 31.45 OVERTIME RAY: See ( C, 0, V ) on OVERTIME RAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 10. tl, 19, 16, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at the fo]lo~ing ~&ge rates. 1st 2nd 9rd 4th $16.00 $t8.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS;(per hour worked) dourneyman $ 17.48 AppP 1st term t0.68 2nd term 11.68 3rd term 13.68 4th term t6.68 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamemtal ............. $ 34.04 .................................. Case Number .................................. 9907341 SUFFOLK 1999A Chain Link Fence ....... 34.04 Guideratl Installation. 34.04 OVERTIME PAY See ( A, D1, E*. Q. v ) on OVERTIME PAGE. HOLIDAYS: PAID: See 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. Bth, 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 18.26 Appr 1st term 16.17 Appr 2nd term 16.43 Appr 3rd term 16.69 Appr 4th term 17.22 Appr Bth term 17.48 Appr 6th term '18.00 9-580 LABORER WAGES (per hour) 7/0t/1999 Building Laborer: Except Abatement ...... For Abatement See Below $21.28 + $1.59 add~t.(Allocation to be determfned) OVERTIME PAY: See ( A, F. E2 ) on OVERTIME PAGE. HOLZDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 10 ) on HOL[OAY PAGE. SUPPLEMENTAL BENEFITS: (pep hour worked) $ 13.98 Abatement Only: ................ $ 22.00 Supplemental BeneFits ( per hour worked ) ............ $ 4.00 4-66 LA6ORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers, Roller Boys and Tampers. .................................. Case NumDer .................................. 9907341 SUFFOLK 1999A WAGES (per hour) 7/01/1999 Heavy/Highway Laborer: Group ~ 1 ............. $ 25.67 Group # 2 ............. 25.08 Group # 3 ............. 23.12 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( B, F, E2 ) on OVERTZME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( t ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.05 after 40 regular hours) 4-1268 WAGES(per hour) 7/01/1999 Building: Marble/ Sawyer, RuDDer Marble Restoration Finishers ............. 14.82 1/01/2000 29.98 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HOLIDAY: douPneymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5, 6, 11, 15 on HOLIDAY PAGE. All others See ( I ) om HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) om HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage. 1st 2nd 3md 4th 5th 6th 7th 8th 50% 55% 60% 65% 70% 8O% 9O% 95% SUPPLEMENTAL BENEFITS:(per hour worked) 12.33 2.40 5.80 + wage percentage of $ 6.09 9-7/24 MASON - Building .................................. Case Number .................................. 9907341 SUFFOLK 1999A WAGES(pep hour) 7/01/1999 Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See (.8, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5TH (500 Hrs) 6TH (500 Hfs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.46 Appr 8.28 9-1Brk MASON-Building Unit Paving!Work* * Shall include Put not ldmited to: fired clay brick pavers, pre-cast con- crete slaps (london walks), pressed concrete pavers, cobble stone, all types of flagging, asphal~ concrete pavers- asphaltic cement sand and WAGES(per hour) 7/01/1999 8/01/1999 dourneyman .............. $ 23.72 Apprentice ( one year term ) .... 20.07 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 10.76 addit. .70/hr. 9-1 Paver PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 dourneyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. .................................. Case Number ................................. 9907341 SUFFOLK 1999A HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10. 11, 13, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage o¢ journeyman's wage. 1st 2nd 3rd 4th 5th 6th 40% 45% 55% 60% 70% 76% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.65 9-530 MASON - Pointer/Caulker/Cleaner WAGES(per hour) 7/0i/i999 Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( I 1st 2nd $12.25 16.25 on HOLIDAY PAGE. 5, 6, 25, 26 ) on HOLIDAY PAGE. 19.75 23.00 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 11.75 Appr 1st term 2.50 Appr 2nd term -2.75 Appr 3rd term 4.50 Appr 4th term 6.50 9-1PCC MASON WAGES(per hour) 7/01/1999 Cement Mason ......... $ 33.25 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 25 ) on HOLIDAY PAGE. .................................. Case Number .................................. 9907341 SUFFOLK t999A APPRENTICES: wage. 1st 50% 60% 70% 8O% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.14 9-780 MASON - Buildin~ WAGES(per hour) Building: Plasterer ............ $ 7/01/1999 29,27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( t ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 40% 60% 8O% SUPPLEMENTAL 8ENEFITS:(peP hour worked) dourneyman $ 12.25 Appr 1st three months 0,042 All other Appr 12.25 9-202P WAGES (per hour) 7/01/1999 Mosaic & Terrazzo Worker...$ 31.38 Helper...$ 30.07 OVERTIME PAY: See ( A, E, Q, V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: PAID: See ( t ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 1t, 15, t6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL 8ENEFITS:(per hour worked) .................................. Case Number ................................. 9907341 SUFFOLK 1999A 9-7/3 MASON - Building WAGES(peP hour) Tile Layer ........... $ 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: OVERTIME: See ( 5, 6. 8. 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 15t 2na 3Rd 4th 5th 6th SO% 55% 65% 75% 85% SUPPLEMENTAL 8ENEFITS:(per hour worked) $ 14.32 95% 14.82 9-7/52 16 ) on HOLIDAY PAGE. 9-7/88 IRONWORKER WAGES(per hour) 7/01/1999 Derrtckman/Rigger .... $ 30.59 + $1.59 Addit. (Allocation to De determined) OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: .................................. Case Number .................................. 9907341 SUFFOLK 1999A PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( t/2 ) year terms at the following percentage of journeyman's wage, 50% 6O% 70% 8O% 9O% 9O% $ 22.64 ~AGES(per hour) 7/01/1999 1/01/2000 Marble Cutters & Setters ............. $ 33.73 34.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, All others See ( 1 ) on ~OLIDAY PAGE. OVERTIME: See ( 5, 6, 8, ~11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) ye&r terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Building WAGES(per hour) Marble-Riggers, Crane & Derrickman.,,$ 7/01/1999 1/01/2000 27.72 28.72 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day for Labor Day. OVERTIME: See ( 5, 6, 8, tt, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) .................................. Case Number .................................. 9907341 SUFFOLK 1999A $ 16.87 16,82 9-7/20 PAINTER AND DRYWALL FINISHER WAGES (per hour) 7/01/1999 Brush, Paper Hanger,Taper $ 26.05 Structural Steel ......... 33.63 Spray, Scaffold,Sandblast 28.47 Rolling Scaffola 20' and over. Lead Abatement at same rate as classification. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Rapalnt/RanoYation: See ( B ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following Pates. Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17.62 21.09 Struc. Stl. 12.94 19.24 23.08 Rpt/Ren. 10.73 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman $ 13.67 All other doumneyman t3.67 Appr 1st year 4.76 AppP all other teems 10.18 4-1486 PLUMBER WAGES (per hour) 7/0t/1999 10/31/1999 Plumber .............. $ 33.65 $ 34.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOL'IDAY: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, t5, 25 ) on HOLIDAY PAGE. APPRENTICES: ( t year terms at the following percentages of dourneyman's wage. .................................. Case Number .................................. 9907341 SUFFOLK 1999A 15t 2nd 3rd 4th 5th 40% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (per hour worked*) dourneyman $ 15.63 $ 15.90 Appr 1st term 9.26 9.42 Appr 2nd term 10.34 11.07 Appr 3rd term 10.95 11.25 Appr 4th term 11.64 11.95 Appr 5th term 12.02 12.53 PUMP & TANK WORK dourneyman ................. $ 28.50 Overtime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) oD Holiday Page. Ist 2nd 3~d 4th 40% 50% 60% 70% dourneyman ................. $ 14.71 App. 1st yr ................... 6.06 App. 3rd yr ................... 8,83 App. 4th yr .................. 10.29 4-200 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter .......... $ 35.30 Sprinkler Fitter ...... 35.30 For Work on Temporary Heat & Air Conditioning ....... $ 25.88 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE, OVERTIME: See ( 5. 6, 7, tl, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the Following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 8O% 85% SUPPLEMENTAL BENEFITS:(per hour paid) Page 22 ............... L .................. Case Number .................................. 9907341 SUFFOLK 1999A $ 17.50 term percentage o¢ t7.50 9-638A STEAMFITTER WAGES(per hour) 7/01/1999 Steamfitter ......... $ 22.30 Refrigeration, A/C, 0il Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower. OVERTIME PAY:See ( B, E, Q*, S** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 6, 9, 10~ 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME~ * ( 2, 6, 9, 45, 17 ) · * ( 10, 11, 26, Memorial Day APPRENTICES: ( 1 ) year terms at the Fo]lowing wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th yr $6.72 10.83 13.04 15.19 18.31 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 8.06 AbpP 1st term 7.00 Appr 2nd term 6.56 Apbr 3rd term 6.01 Appr 4th term 5.56 9-638B ROOFER WAGES (per hour) 7/01/1999 Roofer/Waterproofer ..................... $ 25.50 OVERTIME PAY-New Roof: See ( A, E, Q ) on OVERTIME PAGE. OVERTIME PAY-RePoof: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 13, 16 ) on HOLIDAY PAGE. Page .................................. Case NumOe¢ .................................. 9907341 SUFFOLK 1999A APPRENTICES: 1St 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 17.57 Apprentices 1st 2.00 2nd 3,75 3rd 9.37 4th 13.91 SHEETMETAL WORKER WAGES (per hour) Sheetmetal Worker .... 07/01/1999 $ 31.89 Decking & Sidtng Work: .... ~---80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2,iO, V ) on DVERTIME PAGE. ( D, E2, O, V ) for FAN MAINT.-DECKING & SIDING. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( t/2 ) year terms at the following percent of journeyman rate 30% 35% 40% 45% 50% 5S% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 19.91 Appr 1st term 5.53 Appr 2ha term 6.46 Appr 3rd term 7,31 Appr 4tfl term 8.32 Appr 5th term 9,41 Appr 6th term 11.85 Appr 7th term 13.18 Appr 8th term 15.56 4-28 WELDER Welder... To Pe paid the rate o$ the mechanic performing the work. .................................. Case Number .................................. 9907341 SUFFOLK 1999A Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 26.955 Drivers of boom trucks, $8.00 per day additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE· OVERTIME: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME .... i ....... · $ 18.0025 OVERTIME ................. 9.40375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 Truck Driver, Chauffeur or Loader/Operator Stright Jobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B, L, S, S1,) on DVERTIME PAGE· HOLIDAYS: PAID:~*)See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. SUPPLEMENTAL BENEFZTS: (per hour worked) St~tght ttme $ 12·35 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) Sign Erector ......... $ Plastic Mechanic ..... 7/01/1999 24.65 19·72 .................................. Case NumDer .................................. 9907341 SUFFOLK 1999A OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( S, 6, 10, 1t, t2, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the fo]lowing percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 35% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS: dourneyman $ 4.62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 per hour worked + Emp]oyee share of Soc. Sec. Appr 1st yr $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month Appr 2nd yr $ 2.44 peh hour paid + 2% of gro~s wage + $ 0.20 pe~ hour worked + $ t15.00 per month Appr 3rd yr $ 2.922 per hour paid + 18% of gross wage + $ 2.(X~ per day paid + $ 0.20 per hour worked Appr 4th yr $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked Appr 6th yr $ 3.468 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Striping Highway WAGES(per hour) 7/0t/1999 Patnter (Striping-Highway): Striping-Machine Operator ....... $ 21.57 Helper .................... 15,79 Linerman ....................... 24.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. .................................. Case Number .................................. 9907341 SUFFOLK 1999A HOLIDAYS: PAID: See ( 2, 8, 11. 12, 15, OVERTIME: See ( 2, 8, 1t, t2, 16, 17. 20 )ON HOLIDAY PAGE. 15, 16, 17, 20. 21. 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL 9ENEFITS:(per hour paid) 22% of wage + $0.50 9-8a/28a (230) SURVEY CREW - Buildin~ WAGES:(per hour) Survey Rates-Building: Party Chief ......... $ 7/01/1999 30.01 25.60 17.48 OVERTIME PAY: See ( A, E*. Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 8. 11, 15,16.25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 16, 25 )on HOLIDAY PAGE. APPRENTICES: ( t ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour patd) dourneyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/01/1999 Survey Rates-Heavy/Highway: Party Chief ............. $ 29.14 Instrument Man .......... 23.41 Bodman .................. 20.63 OVERTIME: See ( B, E*, Q, v ) ON OVERTIME PAGE. *Doubletfme paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11. 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, B, 7, 11, 12 ) On HOLIDAY PAGE. APPRENTICES: I ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 Page .................................. Case Number .................................. 9907341 SUFFOLK 1999A SUPPLEMENTAL BENEFITS (per hour paid) dourneymen $ 15.15 Apprentice 8.85 9-15D-N/S CO. SURVEY CREW - Consultin~ Engineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for WAGES;(per hour) 7/01/1999 Party Chief ......... $ 23.96 Instrument Man ...... 20.66 Rodman .............. t7.88 OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11,' 16 ) on HOLIDAY P~GE. OVERTIME: See ( 9, 6, 7; 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9,87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9.55 Apprentice 6.75 9-15dconsult CORE DRILLING WAGES(per hour) 10/16/1998 10/16/1989 22.23 addit. $1.00/hr.(Allocation to be determined) Hazardous Waste Pay Differential: For Level C, an additional $ 0.25 per hour For Level B, an additional .75 per hour For Level A, an additional 1.00 per hour Note: When required to work on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K*, P, R** ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. --. Page 28 Prevailing Rate Schedule ~ New York Stat~,. Department of Labor .................................. Case Number .................................. 9907341 SUFFOLK 1999A OVERTIME: ~ See ( 5, 6 ) on HOLIDAY PAGE, ** See ( B, 10, 11, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7.69 9-1536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 7/01/1999 8/01/1999 Well Driller: Well Driller: .......... $ 23.61 $ 23.72 Well Driller Helper:... 21.07 21.10 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, OVERTIME: See ( 5, 6, 12. 16 ) on HOLIDAY PAGE. 10, 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year terms at the Following rates; 2nd.yr ............... 12.50 12.50 3rd.yr ............... 14.50 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) $ 8.30 + $ 7.95* + *overtime $ 9.95 + 10% of rate 10% of rate 10% of rate Apprentice ...... $ 5.00 + $ 5.00 + 10% of rate 10% of rate POWER EQUIPMENT OPERATOR - Bulldln~ BUILDING: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine; Cherry PtckeP (over 50 tons). Concrete Pump, Crane, DerPtck, Dragltne, Dredge. Gradal], Grader, Hoist, LoaOtng Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch-Stone Setting/Structural Steel/Truck MounteO, PowePhoMse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shove], StdeDoom Tractor. Stone Spreader (Self Propelled). Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck. Bulldozer, Broing Machine/Auger. Cherry Ptcker, Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Page .................................. Case NumDoP .................................. 9907341 SUFFOLK I999A CLASS "C": Curb Machine, Maintenance Engineer (Small Equip, & Well Point), Field Mechanic, Milling Machine (Small), Pulvi-Mtxer, Pumps, Roller (dirt), Vac-All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-shing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work), Hydra Power-Broom/Buggy/Grinders, Pumps-Single Action I to 3 inches/Gypsum/Oou~le Action Diaphragm, Hand Trenching Machine, Welding Machine, Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower WAGES (per hour) 7/01/1999 Class " A " ............... $ 31.16. *Add $3.00 for Hazardous Waste Work *Add $2.00 for Hazardous Waste Work *Add $1.00 for Hazardous Waste Work Class " E ". .............. 24.99 *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.Od 350 $ 1.50 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6. 7, 8, 11, 16 ) on HOLIDAY PAGE.** OVERTIME: See ( 5, 6, 7, 8, 11, 16 ) on HOLIOAY PAGE.** APPRENTICE ........ $ 16,89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME UOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note OVERTIME APPRENTICE $ 8,40 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY: .................................. Case Number ................................. 9907341 SUFFOLK 1999A Machine. CLASS "B": Backhoe, Boom Truck, Bullaozer, Boring Machine/Auger, Cherry Ptcker, Conveyor-Multi, Dinky Locomotive, Fork Ltft, Hotst (2 Drum), Loaaing WAGES (per hour) 7/01/1999 Class " A ". .............. $ 32.06* *Add $3.00 for Hazardous Waste Work *Add $2.~ for Hazardous Waste Work. Class " E " ............. 25.32 Class "H" ............. 26,98 *Cranes : Room length over 104) foot add $ 0.50 per hour 150 $ 0.75 250 $ 350 $ 1.50 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T. an~ other GOVERNMENTAL MANOATED off-shift work. OVERTIME PAY: See ( O, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 16 ) on Holiday Page.** ** must work day before & day after or receive 2 hfs per intermittent day OVERTIME: See ( 5, 6, 8. 9, lO, 16 ) on Overtime Page.** .................................. Case NumDer .................................. 9907341 SUFFOLK 1999A APPRENTICE ........ $16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 -- APPRENTICE $ 13.04 Note Note: OVERTIME APPRENTICE 8.40 4-138 MARINE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer, Derrick Op. Chief Mate on Dredge. Class C: Maint. Erg ........... Mate ................. Boat Captain ......... Class D: Oeckhand ............. Fireman, Oiler ....... $horeman ............. 7/0t/t999 10/01/1999 $ 25.18 $ 25,78 22.34 22,61 22.01 22,28 21.83 22,07 20.35 20,57 20.50 20,72 ~16.58 t6,74 ;17.23 17,39 16.58 16,74 22.69 23,09 21.10 21,47 Tug Boats: Class A: Tug Master ........... Tug Chief Engineer... Class C: Tug Captain .......... Tug Engineer ......... Class D: Tug Deckhand ......... Dipper and Clamshell Dredges: Class A: Operator ............. Engineer ............. Class C: Maint. Engineer ....... Mate ................. Boat Master, Welder.. Boat Captatn ......... Class D: Oiler ................ Deckhand ............. 22.69 23.09 21.10 2t.63 16.80 16.96 25.64 26.26 22.83 23~12 21.83 22.07 20.35 20.57 20.50 20.72 17.23 17.39 16.80 16.96 HOLIDAY: PAID: See ( 5, 6, 8, t0, t5 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the adore HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. OVERTIME PAY: See ( B, F, R ) on OVERTIME RAGE. 32 .................................. Case Number ................................. 9907341 SUFFOLK 1999A SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & 6 All Class C All Class D $ 4.8t plus 8% of wage $ 4.51 plus 8% of wage $ 4.21 plus 8% of wage OVERTIME $ 0.80 EXTRA OVERTIME $ 0.65 EXTRA OVERTIME $ 0.50 EXTRA 4~25a MARINE CONSTRUCTION WAGES (per hour) Drill Boat: Class A: Engineer .......... Blaster ........... Driller ........... Boat Capt'. ........ Class C: Welder/Machinist.. Class D: Oiler/Helper ...... neckband .......... Come DPiller ...... 16.41 16.56 7/01/1999 10/01/1999 $ 23.24 $ 23.54 23.51 23.81 23.25 23.55 19.34 19.53 23.03 23.30 20.25 15.83 18.38 OVERTIME PAY: See ( 6, P, R, HOLIDAY: PAID: See ( 5, 6, 8, 10, OVERTIME: See ( 5, 6. 8. SUPPLEMENTAL BENEFITS: (pep hour worked) Class A & B $ 4.08 plus Class C Class O 20.46 15.97 18.56 Helper ............ 15 ) on Holiday Page. 10. 15 ) on Overtime Page. $ 4.38 plus 8% of wage 8% of wage $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage $ 3.11 plus $ 3.21 plus 8% of wage 8% of wage Overtime 6enefits Time and one hal? A & 6 add ................ $ 1.06 C a~d .................... 0.82 D add .................... 0.58 Double Time A & 6 add ................ $ 2.12 C add .................... 1.63 D add .................... 1.15 $ 1.21 0.92 0.63 $ 2.42 1.83 1 .25 4-25/3 1 I Ii 1 I[ l STATE OF NEW YORK ~ . ~[~ _ EAL~ OF PUBLIC WORK DEPARTMENT OF ~BOR ~~.~ E OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICT.~.$ 8 AND 9 OF Th-R LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below 8UB~ED BY: I-~ CONTRACTINGAOENC¥ [] PUBLIC WORK DISTRI~TOFFICE I DATE (CHECK ONE) [] ARCHITECT OR ENGINEERING PIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address (number, street, city or town, zip code) 2. 3. SEND REPLY TO (NAME ANDADDRESS): : TELEPHONE: ( ) B. PROJECT PARTICULARS S. Project TITLE and/or descripflon of work to be performed. include contract identification hum bar, if applicable 7. Nature of PnY~ct- Check One I-I 1. New Building [] 2. Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4. NewSewerocWetedine [] S. Other New Construction (Explain) 6. Other Reconstruction, Maintenance, R~ir or A~teration 7. Demolition [] 8. Buildin~ Service Contract 9. Name and Title of Requester [] N.Y. State Units 1-101 DOT [] 02 OGS I-103 DORMITORY AUTHORITY [] 04 STATE UNIVERSITY CONSTRUCTION FUND 1"10S MENTAL HYGIENE FACILITIES CORP. [] 06 OTHER N.Y. STATE UNIT I-Io7 city [] 0~ Local School District [] 09 Special Local District, i.e., Fire, Sewer. Water District [] 10 Village i-Ill Town [] 12county [] 1:30U,.er NOn-NY. State (Omc/~be) 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE [] Additional Occupation and/or Redeterminetion PRC NUMBER ISSUED PREVIOUSLY FOR ~ OFFICE USE ONLY THIS PROJECT I 6. LOCation of Project: Location on Site Route No/Street Address Village or City Town OCCUPATION FOR PROJECT [] Construction (Building, Hea~y [] Guards, Watchmen Highwey~SowerhNater) [] Janitors, porters, cleaners [] Tunnelling [] Moving furniture and [] Residential equipment [] Landscape Maintenance [] Trash and refuse removal [] Elevator maintenance [] Window cleaners [] Exterminators, Fumigators [] Other (Describe) Signature OFFICE USE ONLY ' ~l~ ~gn~s ~1~ ~gneti~s II Il II Il II Il II II II I~ Il II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I t I I I I I I I I I I I i I I I I I I I I I I I I I I I I SEE OTHER SIDE FOR LAWS RELAllNG TO PUBUC WORK CONTRACTS RW.~ ~!~44~ INFORMATIONAL BULLETIN The follow,nS is I change to the New York Stale Depa~ment of LaboCs policy on t~ ~pp~ob~ity of t~ pto~s~ons of ~e ~ ~t~in8 wa8e rat~) ~ off-site ~ow p~t~atch p~ants ~ relat~ ~cki~ of b~iv~duals w~ Are employed by I ve~or to delive~ n~tefials excavated ~om ei~ off-silo ~ow pits ~ ~is ~le applies w~h~ ~ ~ ~ plm ~ ~t is d~i~ to I ~blic w~ ~o~. The payment ot'a prevailin$ wage rate is required to individuals involved in eithe~ the ope~'ation or construction of off-site borrow o~ potable batch pllms that Are dedicated exclusively to public work. 3) The only exception to this policy would requ~e the payment ofprevailin$ wise rates to aJI individuals engaged in work activities relative to off-site borrow o~ portable batch plants when the contracting entity clearly identifies the sl~ecitlc location of the borrow pit or batch plant in the scope ot'the project. il'you have any questions, please ~ontict this off~ce located al: New York State Depa~mem of Labor, Bureau of Public Work, Governor W. Ave~ell H~riman State Office Building Campus, AJb&ny, New York, 12240,($1S) 457-5589 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 ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h.' hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights serfing 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 ali qualified applicants will be afforded equal employment opportunities 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 the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the 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). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 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. 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 road 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 herounder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, 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, offeror, applicant, or subcontractor agrees that a breach of this certification is a vk)lation of the Equal Opportunity clause in his contract. As used in this certification, the term *segregated fadliaes" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time docks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, paddng 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 rotain 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): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contrector 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 odgin. 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 ail 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 cont~or will comply with all previsions 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 requi~d 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 othefwlsa 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: Prov. ided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL pROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 ReDorts and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to tie annually, on or before Mamh 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 paregreph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intewals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in wdting to the Director by the agency as soon as practicable after it occurs. 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) 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 offerer substantially as follows: "The bidder (or offerer) 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 pdor 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. 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. 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 beth, 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. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back' Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is othem/ise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the ACt, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is parmissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calenda? dayor 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, ro dangerous to his health and eafety 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 inteiligence~ Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comp{y 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 subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of cimumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance ~th Executive Order No. 11246, entitled, "Equal Employment Opportunity', as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee 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 odgin, 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 subgrantees 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 pest 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 bo 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 pdor to using any apprentice on the contract work. Section (a) 220-e which requires provisions by which the contractor with the State or municipality agrees: 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 odgin. (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 cen 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 secudty 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 cantractor and subcontractor engaged in the public work deecdbed 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 previsions 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. CONSTRUCTION SPECIFICATIONS July 30, 1999 Article I Project Description & Requirements: 1.01 It is the intent of the Town of Southold to contract for the purchase and installation of special communications consoles that include both furniture and equipment for use in their Public Safety Communications Center all in accordance with the specifications contained herein. The intent of these specifications is to provide a functional and technical description of the dispatch console furniture & equipment that is required by the Town of Southold. Note: Deviations in the design and intent of these specifications will not be accepted. The console furniture and equipment described in these specifications will be awarded to one vendor. 1.02 T~mgorary- Communication Center: The contractor will also be required to establish a temporary communication center to provide for continuous, uninterrupted operations of all communication during all phases of construction. This will include the demolition phase of the existing facility as well as the time it takes to complete aH new construction requirements for the complete installation of the n~w communication center. The temporary center will be located in the lobby of the Police Department building. The temporary communication center must be capable of performing ali functions of the present permanent communication center including the following: Enhanced 911; administrative telephones; public safety communications; computer aided dispatch (CAD); NYSPIN (state interface computer network); prisoner detention area visual/audio monitoring; and contact area for exchange of information and r~eords with the public. 1.03 ~}elivery_ Requirements: Time of delivery must be stated on the Proposal Form and shaH indicate the number of calendar days required for delivery of goods nnd services following the execution of the contract. The time of delivery will be a consideration in awarding the bid. All deliveries must be coordinated with the Southold Town Chief of police. Ali console equipment shall be packaged, wrapped and protected from abrasion and corrosion as well as being clearly labeled to aid in quick identification on arrival at the delivery point. AH deliveries shah consist of only new materials. AH damaged material and equipment delivered to the job site shah be replacod by the contractor at no additional cost to the Town of Southold. 1.04 Time frame for completion of Pro_iect: At such time that aH equipment & materials have been manufactured and delivered to the site the contractor shall have ten (10) working days to complete the entire project. During this time frame, the temporary communication system shah be set-up & made operational prior to the construction phase of the project. The construction phase will include the dismantling & removal of the existing system and the complete installation and start-up of the proposed New Communication Center. This time period may be extended by the Southold Town Chief of Police only if project conditions or other unknown facts cause a justifiable delay in the completion of the project. 1.05 In case of default by vendor, the Town of Southoid may procure the console furniture and equipment from other sources and may deduct from any moneys due, or that may thereafter become due to the vendor. The amount of money deducted will be the difference between the price named in the contract or purchase order and actual cost thereof to the Town of Southold. Prices paid by the Town of Southold shah be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended, if the facts as to the cause of delay justify such extension in the opinion of the Southold Town Chief of Police. 1.06 The Town of Southold reserves the right to consider the following among other factors in making the award: a. Vendor's ability, facilities, and experience to perform the work of the character and magnitude required herein. b. Vendor's reputation in the manufacture and performance of communications and dispatch console furniture projects similar to the requirements of the Town of Southold. c. Vendor's list of references for the installation of similar systems. 1.07 The vendor shall hold the Town of Southoid, it's officers, agents, and employees harmless from liability of any nature or kind because of use of copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid. The vendor further agrees to defend, at their own expens~ any and all actions brought against the Town of Southold or themselves because of unaut~orlz~ m~ of such articles. 1.08 Equipment Performance: Items in these specifications, which materially contribute to the console furniture esthetics or durability, will not be compromised. Items in these specifications, which materially contribute to the performance of electronic equipment, will not be compromised. Vendors shall offer that furniture and equipment which meets the specific requirements of these specifications. Evaluation of furniture and equipment offered will be made on the following basis (but not necessarily in the order listed): g. h. I. j. !. m. n. Whether or not the console furniture and equipment meets specifications. Quality of workmanship and materials to be utilized. Performance and reliability. Freedom from premature obsolescence. Ease of installation and removal. Ease of servicing and adjustment. Environmental tolerance. Ergonomic compliance with A.N.S.I. standards. Safety and security provisions. Warranties. Economy of maintenance. Availability of replacement parts. Physical appearance of furniture and equipment. Ease of use, and functional operation of furniture and equipment. 1.09 Warranties: The contractor shah provide written warranty for aH labor, parts, materials and general conditions within this section for a period often (10) years. The warranty period shah not commence until after the acceptance of all items specified. The vendor shah warrant that aH items described herein shall be free from defects in materials, design and workmanship, meet aH normally acceptable quality standards for this type of installation and usage, be one ora kind in quality and shall perform fully the requirements of the Owner and in the manner described in this specification. 1.10 The vendor shah certify that they maintain a stock of replacement parts for each item included in this specification, and shah be in a position to replace such part or parts as may be required for a period of not less than ten (10) years. It is further required that the vendor shah be capable of replacing any and aH assemblies and components in this furniture system for as long as the furniture is in actual service. 1.11 EIA, ANSI. NEC. and NFPA Standards: The successful vendor shall provide console equipment that meets or exceeds all applicable standards set forth in the following: EtA (Electronic Industries Association) ANSI (American National Standards Institute) NEC (National Electric Code) NFPA (National Fire Protection Association). 1.12 Responsive Bid: A responsive bid is one, which includes as part of its presentation packed, sufficient data to prove compliance to the specifications. A bid may be disqualified if it does not contain one or more of the following: a. A detailed list of console furniture and equipment to be supplied including applicable pricing. b. Blueprint drawing relative to specifications contained herein. c. Shipping estimate. d. Estimated days required for delivery of equipment specified. e. Technical information to fully assemble console furniture. f. List of at least ten (10) references of similar public safety agencies with direct relevanee to an emergency public safety communications system. g. Copy of warranty with a ten (10) year minimum. h. Name of project manager who will oversee the project. Include description of his or her background and qualifications. Ot is expected that the project manager will be available to provide on-going verbal and written reports, if required, during the duration of the project.) 1.13 The contractor shall use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this section. All electrical and electronic equipment, components, products, etc., specified herein shall bear U/L ratings. Contractor shall submit verifieation of U/L listings prior to ordering materials. All equipment, assemblies and related items described herein shall meet or exceed ali applicable standards of the EtA (Electronic Industries Association), ANSI (American National Standards Institute), NEC (National Electric Code), and NFPA ( National Fire Protection Association). Console design and layout ahab conform to ADA requirements and A.N.S.L standards related to VDT & CRT usage, ineinding wheelchair aeeessibtllty. Article II Scope of Work: THE SCOPE OF WORK SHALL INCLUDE ALL LABOR, MATERIALS, EQUIPMENT, SCAFFOLDING, TRANSPORT, GENERAL CONDITIONS, ETC. REQUIRED FOR A COMPLETE AND FINISHED INSTALLATION OF ALL FURNITURE, ELECTRONIC EQUIPMENT, RELATED ACCESSORIES AND COMPONENTS SPECIFIED HEREIN. 2.01 SCOPE OF WORK FOR THE DISPATCH CENTER: The scope of work for the dispatch center will begin with construction of a temporary despatch center to be erected in the lobby of Police Headquarters. Vendor will relocate all pertinent equipment and electronics needed for daily dispatch operations. This will include electronics, radios, telephones, computers, cameras, monitors, printer alarms and intercoms. Installation of temporary video cameras and monitors to be provided on loan from vendor to view the front and rear doors as needed. Vendor will also provide and install a small two-station intercom for communications between the public and police department personnel. The vendor shah dismantle, remove and dispose of aH existing dispatch furniture and electronics. Vendor will provide a minimum trade in allowance of $1,500.00 for the existing console system and electronics. The actual trade in allowance provided by the vendor shah be as specified by the vendor in the Proposal Form. The vendor shah redress and label aH existing cables to remain and reconfigure equipment room and install new panel on wall for purpose of mounting telephone blocks and auxiliary controls. The vendor shah remove unused antenna cables and control cablcs from equipment room and supply new equipment rack to house console common equipment controller and equipment. The contractor shah ground new and existing radio equipment in the equipment room and supply and install Hghtning protection as needed. Provide cable aeccss through floor to new dispatch room and Seal up existing cable access ports in the center of dispatch room, Supply and install new cabling for dispatch, cameras, intercoms, telephones, alarms, and electronics. The vendor will install new computer cable, panic alarms, printer cables and grouudlng as needed. Wire connect electronic door locks and keypads. Supply and install new jail eeH intercom to replace existing intercom. New construction will include installation of new STS (or equivalent) furniture consisting of custom six and seven bay consoles and a custom four bay console with two 45 degree wedges each. It shall also include console bases, countertops, 7/6 RU's of rack mountable openings, top vented panels, end panels, rear lift-off doors where required, three keyboard trays cut into countertops, steel support frame and countertop returns, 3/4" maple grade plywood countertop with AI~ laminate~ red oak bull nose trina, rear fabric panels, hardware, and six plug power supply strip per bay. Custom countertops as per drawing and one custom printer countertop with paper feeds and one high printer counter top with electrical feeds above. Supply three sets of three-unit low voltage quartz lighting with dimmer switches for dispatch positions. Installation of three Zetron (or equivalent) dispatch position console electronics model number 4024/4018/4118 communication console with 4115 expansion panels and central electronics bank instailed in communication equipment room. Install paging encoders, auxiliary switches to operate doors and electronic locks, foot switches and microphones. Configure consoles for call director/headset interface operation. Vendor will install all new equipment into console furniture including a new five-station intercom system. Vendor will install all existing electronic equipment including computers, printers, cameras, monitors, alarms, and phone systems, etc. Vendor will supply and install a new Ericsson VITF Orion (of equivalent) 256 channel desktop station with four station remotable through console electronics. Vendor will provide system setup, optimization and prepaid freight. Warranty for parts and labor extended to ten (10) years is required. 2.02 Specification Drawings: Drawings provided at the end of this Specification (Dwg's # Al, A2, A3 & A4) are schematic plans, sections, elevations and details that have been provided to depict the general desired layout of the proposed control room system. All shop drawings and construction details and fabrication drawings shall be the responsibility of the vendor. 2.03 Submi~als: The contractor shall submit samples of all finish materials, including metal plastic laminate and wood surfaces for approval by the Architect prior to ordering materials. Product data: a. Manufacturer's Literature: Description of all products. b. Manufacturer's Data: U/L listing, showing rating levels of all products. Shop Drawings: a. Submit detail drawings indicating complete fabrication and erection details. Architect's review of shop drawings will be for general consideration only. Compliance with requirements for materials, fabrication, and erection is the Contractor's responsibility. The contractor shall submit sample of standard service contracts to the Owner for approval prior to award of the contract. 2.04 Contractors Responsibilities: The Contractor shah examine the Contract Drawings and Specifications in order to assure the completeness of the work required under this Section. Supplementary parts necessary to complete work in this Section though not definitely indicated on drawings or specified herein, shah be included. The Contractor shall be responsible for all dimensions, quantities, or completeness, and the correct fitting of work as specified in this section. 2.05 Delivery_. Storage & handling: Ail equipment and construction materials shall be delivered to the site at such intervals to insure uninterrupted progress of the work. Contractor shah be responsible for storage of materials and equipment to permit easy access. The contractor shah protect aH product and packaged materials delivered to the site from the weather or any other cause that may damage same. Article HI Furniture & Communication Equipment: 3.01 The furniture design criteria are based on maximum reliability and ease of service. The furniture must be modular where possible and reflect all the latest state-of-the art concepts in furniture design utilizing ergonomic design and being A. D. A. Compliant. Field service of the console furniture shall be quickly accomplished by a technician and require the use of only common hand tools. the communication console furniture for the Southold Town Police Department Communication Center must meet the following requirements: There shall be three (3) consoles and one (1) storage cabinet fabricated. Two consoles (A & B) are custom six and seven bay consoles and console © is a custom four bay console. Storage cabinet (D) is a custom counter top with shelving above and four, 4-drawer stacks below. [See drawings A1 through A4 for schematic plans, elevations, sections & details.] Each end bay shah be $4-1/8" tall inclusive with 7/6 RU's of rack mountable openings. Each of the console bays shall include: one (1) top luted mounted panels (with in-set air vents), countertops (measuring 20") and one (1) front removable panel located underneath the countertop for easy access of console cavities (each panel shah have a Southco brand latch or equivalent. Each console bay shah measure 19-1/8" wide (as per standard EIA spacing). Each countertop shah include an adjustable keyboard tray which adjusts up and down casHy via a gear locking system. The adjustable vertical span of each keyboard shah be at least six (6") inches to accommodate the 5th percentile female up to the 95th percentile male. There shah be a fixed end panel on the left side of bay "1" on Console "A", a luted end panel on the right side of bay "7" on console "B', a luted end panel on the left side of bay "1" on console "C' and a fixed end panel on the right side of bay "4" on Console "C', a £uted end panel on the left side of the "sintra' panel below the eountertop on the right hand side of Console "B', for a total of flve (5) end panels. There shah be two (2) 45-degree wedges per eneh of the three consoles. There shah be three (3) clear plexiglass doors on each compartment of bay "7" on the right side of console "B'. Each door shah be easily accessible and shah be constructed of fittings and materials that nrc strong enough to withstand frequent operation on n dally basis. Ho There shall be a total of two (2) lift off front panels with Southco brand latch or equivalent on console "C'. (Southold Police Chief will specify console bays to be outfitted with rear panels.) Each rear panel shall have a Southco brand latch or equivalent. The Vendor shall provide space to include a pre-mounted "Little Light" (or equivalent) adjustable desk light (pre-wired) for each console. The Vendor shall provide a total of three (3) pull out pencil drawers. Each console shall have one of these pencil drawers in the second bay to the right of center to be securely mounted underneath the countertop. The Vendor shah provide a total of six "clip on" ergonomic wrist wrests. A wrist rest is to be clipped on to each adjustable keyboard tray. A Printer countertop with support frame shall be provided on the right hand side of console "B". The bottom right side of this counter shall have a base bay "sintra" panel installed for the enclosure of the NYSPIN Computer with slide out keyboard. A 12" deep paper sheff shah be installed below the printer countertop between bay "7" of console "B' and the NYSPIN Computer Bay. A high countertop with support frame shah be provided on the right hand side of console "B" above the Printer Countertop. The storage cabinet, unit (D) is a custom counter top with shelving above and four, 4-drawer stacks below. Each drawer shall have a Southco brand latch or equivalent. [See drawings A1 through A4 for schematic plans, elevations, sections & details.] 3.02 Specifications for Fabrication and Materials: 1. Moral Fabrication 1.1 Thc internal framework shall consist of 3/4 inch x 1-1/2 inch .060 and 1-1/2 inch X 1-I/2 inch .060 mild steel tube. 1.2 Tho base of the console shall consist of 1-1/2 inch X 2-1/2 inch .060 mild steel tube. 1.3 The convertible caster/leveler plate shall be 3/16 inch hot rolled steel Metal Finish 2.1 The internal framework shall have a powder coated, baked on polymer finish ("black wrinkle" in texture). Wood Fabrication 3.1 Console front and rear doors shall be fabricated of 3/4 inch I~IDF (medium density fiberboard) covered with high pressure bonded Nevarmar ARP laminate exterior surfaces with black laminate on all interior surfaces. 3.2 3.3 3.4 3.5 3.6 3.7 Console side panels and top panels and ail other side panel parts shall be 3/4 inch MDF (medium density fiberboard) covered with high pressure bonded Nevamar ARP laminate on exterior surfaces with black laminate on ail interior surfaces. Console countertops shall be 3/4 inch Paint Grade Maple core covered with high pressure Nevamar ARP laminate on the top surface to prevent warpage, Interior surfaces shall be v-32 grade high pressure Nevamar laminate. Cleating materiai shall be 1-3/4 inches wide and 1-5/8 inches Poplar lumber. Kick panels below countertop shail be 1/4 inch thick Sentra material; black textured. "Southco" lever latches are speciried for frout and rear "lift off" doors. Wood Finishes 4.1 Bull nose edge shall be Red Oak with a 1-3/4 inch planned thickness. 4.2 All Oak hardwood surfaces shall be belt sanded with 80 grit sandpaper, followed by block sanding utilizing 120-I$0 grit sandpaper. Following sanding, hardwoods shall be sealed with two clear' lacque~ costs utilizing a water soluble base lacquer. Following ~ application of lacquer, hardwoods shall be lightly sanded with steel wool to remove ali grit and uneven edges. General Fabrication Requirements 5.1 Console design and proposed layout shail conform to all A.D.A. requirements and A.N.S.I. standards related to VDT and CRT usage, including wheelchair accessibility, 5.2 Bach b~se and turret component is to be comprised of modules offering 19 horizontal inches of track mountable interior, in accordance wi~ EIA 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 Each console bay base frame shall be 24" deep; all bays shall be 54-1/8" in overall height (including exterior panels) with the upper turreted section ensuring 20-5/16" in depth. All panel openings shall be 19-1/8" wide (horizontal). The sloped RU panel area of bays shall be 15 de~rees from the countertop. Each console base and turret module shall have internally mounted rack rail (EIA spaced), both front and back, for utilization of mounting of sub-assemblies. End panels shall be used in assembling the console's varying heights, for cohesive finished appearance; and to allow modular expansion or revision in the field to meet future l~rowth and development. Each console base station shall include four (4) convertible comers plates with levelers to compensate for uneven flooring or to properly align adjoining cabinet section s as may be necessary. (Convertible comer plates must accept casters for future expansion.) Rear latched, totally removable, panels are required and are to be supplied. Ventilation grilles will be required in each top console bay section to assure adequate escape of heated air from the console. Red Oak bull nose trim shall be installed across the front countertop edge to absorb front edge shock and for aesthetic purposes. All comers of the front"bullnose' edging will have a 5-degree angled finish All joints of the writin8 surface are to be perfectly matched to a knife edge line. No spaces or cracks will be acc~l~ble. No joints may be made where they will be dvh hnental to normal writing with pen and paper. Design of the console positions and wrifin~ surface support components shall permit a load weighing 300 pounds to be placed anywhere on the wrifinE surface without damage to it. The specified load ihall not cause the support structure to bend or d'~wrt, or the dispatch position to tip over. Customer will specify color choice ofNevamar ARP laminate for all exterior console panels, and will also specify their choice of Nevamar ARP laminates for the non-reflective work surface. Mounting screws and washers are to be supplied for each half-panel of pre-threaded rack mountable space provided. 5.14 A solid oak adjustable~eyboard tray is to be center mounted at'each console as part of the. front countertop work surface. The adjustable keyboard tray must easily lift and lower with a 6" span. The keyboard tray must have a geared locking mechan'tsm to keep the keyboard tray firmly in place once a position is chosen. Keyboard tray configuration must meet ANSI specifications for human factors (5th percentile female through 95th percentile male for seated reach). 5.15 A 6 outlet (3 prong each) power strip is to be provided, and preiustalled, with each console bay. Each power strip shall be grounded, with a 15 amp circuit breaker and a 6 foot cord including grounded plug for immediate on-site connection. 6. Functional Requirements 6.1 The completed work must have the physical appearance, dimensions, and configuration as specified in the attached drawings. 7. Replacement Parts 7.1 The vendor of award for the console furniture shall maintain a complete stock of component parts for the system, both for repair, maintenance, for future expansion for a period of ten (10) years from date of purchase. 7.2 Such parts shall include: all panels, Un'rets, writing surfaces, trim, steel frames, mounting components, finishing materials, etc. as used in the original fabrication of the units. 7.3 Support for both parts repair, and system expansion, shall be continued for a period not less than five (5) years from the date of acceptance of the system. 8. Warranty 8.1 The vendor of award for the console furniture shall provide a 10 year replacement warranty for all manufactured parts described herein. 3.03 Vendor shall provide, Install, Calibrate & insure full operating capabilities of the following equipment: Two (2) Zetron model 4118 (or equivalent) dispatch consoles, one (1) Zetron model 4008 (or equivalen0 dispatch console, and one Zetron M4024 (or equivalent) common control equipment (CCE). The electronics will be built and configured to Southold Town specifications. The three (3) dispatch consoles will be duplicate dispatch positions. Each console will be furnished with built in paging encoders. The console will be built with auxiliary switches to operate doors and electronic locks. Also included will be foot switches and microphones. Ail three (3) positions will be configured for headset/call direction operation. Ooerating Positions 1.1 Basic Radio Functions The console positions will be configured and equipped to provide control of following communication functions: a. Police b. Police c. Fire/EMS d. Fire/EMS e. Fire/EMS f. Fire/EMS g. Police/EMS h. primary repeater tactical simplex Peconic tower site F1,F2,F3,F4 Greenport tower site F 1,F2,F3,F4 Orient tower site Fishers !sland repeater multi-frequency VHF radio Marine VI-IF marine radio (one console position only) Scanner (one console position only) Voting primary PD repeater voting display and control B~sic _Operating Functions The following operator features will be required: System Control - Programmable system control keys (e.g. "Transmit", "Simul- select", "Group Select", "Alert", "Ail Mute", "Monitor", "Page Enter", etc.). Channel Control - A means for the operator to monitor end control status of the available channels using push buttons and LED indicators. Select and Unselect Speakers - Audio from selected channel is routed to the Select speaker. Remaining channels are summed and routed to Unselect speaker. Includes volume controls for each. Independent Channel Volume Control - Operator may independently set the volume and mute levels of each individual channel. LCD Display - Shows time, date, volume settings, paging codes, ANI codes, system status, and audio W-like audio level indicator. Paging Encoder - Includes 16 key pad for page entry ahd DTMF dialing. The standard encoder is capable of generating Motorola Two-Tone, GE Two- Tone, and DTMF signaling formats in addition to alert and priority channel tones. The following extended paging formats will also be supported: Rotary Dial 1500 Hz/2805 Hz, Plactron, Quick-Call 1 (2+2), and 5/6 Tone Sequential. Frequently used pages or sequences of pages may be initiated and automatically steered to the correct channel with a single control action. Pages may also be initiated by selecting the desired channel, entering appropriate paging code on the lti-key pad, and activating the "Page Send" system control key. Patching - In conjunction with the required Console Interface Card (CIC) located in the Common control Equipment, each operating position will have a built-in cross channel patch capability. This feature will allow the console operator to establish a single voice actuated )VOX) or COR activated patch between two or more radio channel, or radio channel(s) and a two-wire "POTS" telephone line (provided that the CCE is appropriately provisioned with a telephone interface). Both full and halt-duplex operation will be supported. Console Intercom ~ Will allow an operator to call and talk to another console operator within the system~ Only the called console is involved, other console operators are not affected. This feature also supports an intercom to the PTT handset interface in the M4024 "Reflected" Status - Control actions initiated from one operating position are shown on all other operating positions as well (e.g frequency selection, aux I/O status, etc.) . FieM ProgrammabiliO~ - Key function and other operational characteristics of the Series 4000 will be field programmable. This will be accomplished using the Console Programming System (CPS) software which runs on a PC compatible computer. Configuration files will have the ability to be mmsferred from computer to console, and also from console to computer disk for archiving. The CPS package will include a 3.5 inch disket~, programming manual, and a connecting cable to be used between the PC's RS-232 port and the programming connector on the operating position console. While each operating position features an LCD display which shows ANI codes, the CCE must have the corresponding ANI decoder board installed for the display to function in that mode. Channel Check - To provide 1 minute of recording time on each channel for instant review bY operator utilizing additional I1LR control buttons on the consoles. A dual-channel memory option providing speech delay during function tone transmission. Telephone - Provisions will be made for installation and integration of present "Motorola Centralink 911" panels and equipment to provide both E911 emergency and administrative telephone functions. Provisions will be provided for integration of all present radio tieline circuits ( Laurel tower, Peconic back-up tower, C,-reenport tower (2 circuits), and Orient tower (2 circuits). Future expansion capability will be provided. Multi-Frequency Rad/o z A Ericsson Orion VIqF (or equivelent) 256 channel desk top station with four station remotable through the console electroff~cs will be supplied and installed. Provisions for frequency and CTCSS tone programming will be provided by vendor at no additional cost. Article IV Installation specifications: 4.01 Execution: All furniture in this Project shah be installed in strict accordance with manufacturer's specifications. All console units shah be laid out in place prior to being secured to adjacent wall and floor surfaces. All units shall be laid out level, plumb, square and true, without gaps or voids between the individual units, or between units and adjacent surfaces. Properly sized mechanical fasteners suitable for supporting assemblies shah be used. Fasteners shall, in general, be concealed type. Where this is not feasible, fasteners shah match finish of adjacent surfaces. Installation of furniture shah be carried out by installers skilled in the installation of the specific products specified in this Section. Electronic equipment, both new and relocated shah be installed in strict accordance with local building codes, fire safety codes and U/L standards, as well as Manufacturer's specifications. All wiring shah be properly sized to specific load requirements. In general, aH electrical work in this Section shah comply fully with requirements of New York State Codes Rules & Regulations, Title 9 Volume B, building codes as well as compliance with ASHRAE & ACCA recommendations for proper installation. All installations of electronic equipment shall be undertaken only by personnel skilled in the installation of those respective items and sub- assemblies. Upon completion of installation of aH designated equipment, the Contractor shah calibrate or otherwise adjust each piece of equipment to insure full operational capabilities within Manufacturer's standards. All equipment designated to be re-used in the new Communication Center shall be properly disconnected and de-mounted, then properly stored and protected to prevent damage. Only personnel properly trained in this type of procedure shall be employed. The Contractor shall coordinate his work with the operations of the Police Department to prevent any interruption of service whatsoever, except as specifically agreed to in advance by the Police Department. 4.02 Upon completion of aH work as specified herein, the Contractor shall remove aH debris, packing materials, cuttings, waste, etc., where related to work in this project. The Contractor shah clean all wood, metal, glazed surfaces, hardware, etc., with non-abrasive cleaning agent upon completion of all installations. Article V Alternates for Additional Work: 5.01 F~ ALTEI~ATE "A' The Contractor shall provide an alternate "lump-sum" price for the installation of a new finish flooring system. This alternate price shall be included on the Proposal Form under Alternate "A". The new finish flooring shall be a heavy duty carpet tile as manufactured by: F R E E W A ¥ (or approved equal). Under this section, the Contractor shah be required to install the new carpet tile flooring system throughout the entire control room area. This will include but not be limited all site preparation of the existing floor surface to meet the minimum requirements of the carpet manufacturer. All doorway openings shall have a transition strip that securely anchors all carpet edges and shah meet all handicapped accessible regulations. This flooring system as noted, shall be installed as per all Manufacturers Specifications. 5.02 CONSTRUCTION Total Fiber Weight Total Carpet Weight Dimensions Clas~if'lcatiou Flammability Static Electricity Appearance Static Load Recovery Dynamic Load Loss Dimensional Stability Color 100% polypropylene fiber bonded structure. 35 oz. 14.6 oz. 19.75 x 19.75 (inches) Contract Use To meet or exceed the requirements of Part 772 N.Y. State C.R. IL Title 9 Executive (B) Tiles will not generate a static charge above human sensitivity level 2.Skv ~ 30% R.H. = 2.0 x 10(10) ohms, 40% R. H. = 1.1 x 10(10)ohms. tiles will lay perfectly fiat, will not expand, shrink, creep, curl or fray when cut. > 80% (after 24 hours) < 20% (after 1000 impacts) < 0.4% Shall be as selected by the Police department from The manufacturers full range of colors. INVITATION TO BID NOT[CE IS HEREBY GIVEN that sealed bids are sought and requested from qualified contractors to perform the installation of temporary facilities and the construction of the new Police Department Communication Center as described by the following Bid Specifications: Bid Specifications for the up-grade & construction of a New Southold Town Police Department Communications Center Within the existing Police Department Facilities Located at 41405 Main Road, (State Route 25) Town of Southold, Suffolk County, New York 11971 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the installation of a new Communications Center. The modifications to and removal of the existing Communication Center will require the installation of temporary facilities to allow for continued operation of the Communication System during construction. The completed work will be required to provide a complete working, fully functioning, properly balanced system to serve the needs of the Police Department. All work shall be in accordance with the Specifications listed herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10:00 A.M. on the, 21st day of, October: 1999. All Specifications are provided herein. A fee of ten ($10.00) dollars, cash or check, made payable to the Town of Southold will be required for one (1) Copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, andto reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of five hundred ($500) dollars will be required of each bidder. Checks to be made payable to the order of the Town of Southold. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk