The URL can be used to link to this page

Home My WebLink AboutKlipp Park Restrooms AGREEMENT THIS AGREEMENT, made this (o'~ day of October, 1999, between the TOWN OF SOUTHOLD, a municipal corporation of the state of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971, hereinafter called the "Town" and Construction Consultants/L.I., Inc., 125 A West Broadway, Port Jefferson, New York 11777 hereinafter called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a proposal from the Contractor to perform all the work required to to construct restroom facilities at the Klipp Marine Park, Greenport, New York as indicated in the specifications set forth in the bid documents entitled "Bid Specifications: Restroom Facilities: Klipp Park Beach, Manhansett Avenue, Greenport, New York in the amount of forty-nine thousand dollars ($49,000.00) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 28th of September, 1999. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to construct, perform and complete work on the restroom facilities at the Klipp Marine Park, Greenport, New York in accordance with the plans, specifications, contractor's proposal and all conditions set forth in the document entitled "Bid Specifications: Restroom Facilities: Klipp Beach Park, Manhansett Avenue, CONSTRIJ TION CONSULTAI rs/L.I. October 29, 1999 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Jim McMahon Re: Klipp Beach Park Restroom Facility Dear Jim: I am enclosing Certificate of Liability Insurance and Certificate of Worker's Compensation in connection with the above referenced project. Please contact my office if you have any questions. Joel Itzkowitz President JI/nb encl. cc: file 125 - A WEST BROADWAY, PORT JEFFERSON, NY 11777 THE STATI ISURANCE FUND 2950 EXPRESSWAY DRIVE SOUTH, ISLANDIA, NEW YORK 11722-5305 (516) 233-3846 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CONSTRUCTION CONSULTANTS / L I INC 125A WEST BROADWAY PORT JEFFERSON NY 11777 POLICY NUMBER I 1046 035-0 DATE 10/22/1999 CE~TIFICATENUMBER 218-580 PERIOD COVEREDBYTHISCERTIFICATE ] 6/05/1998 TO 6/05/2000 POLICYHOLDER CONSTRUCTION CONSULTANTS / L I INC 125A WEST BROADWAY PORT JEFFERSON NY 11777 CERTIFICATE HOLDER TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 1046 035 0 UNTIL 6/05/2000 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 6/05/2000 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. U-26.3 ST . DIRECTOR, IHNE~uE~ANTcJEACFuONBSD UNDERWRITING CONSTRIi TION CONSULT/ ITS/L.I. TRANSMITTAL PR~EjCT: ~ [~; ARE SENDING [] SHOP DRAWINGS [] PLANS [] OTHER TO YOU ATTACHED [] UNDER SEPARATE COVER THE FOLLOWING ITEMS: ~D~RACTS [] SAMPLES/CUTS [] REQUISITION FOR PAYMENT [~SPECS # COPIES _D~ ITEM NO. DESCRIPTION ? THESE ARE TRANSMITTED AS CHECKED BELOW: [] FOR APPROVAL [] RESUBMIT__ COPIES FOR APPROVAL [] SUBMIT __ COPIES FOR DISTRIBUTION [] RETURNED FOR CORRECTIONS [] FOR BIDS DUES ON REMARKS: [] APPROVED AS NOTED L~AS REQUESTED [] RETURN CORRECTED COPIES ,199 AT :00AM/PM cc: FILE 125 - A WEST BROADWAY, P~FFERSON, NY 11777 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE 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 SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 28. 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project m the 1999 Capital Budget: Capital Project Name: Klipp Park Restroom Facility Financing Method: Budget: Transfer from General Fund Whole Town H.5031.35 Klipp Park Restroom Facility $49,000.00 Appropriations: H.7110.2.200.100 Park and Beach Facilities Capital Outlay Klipp Park Improvements Restroom Facility $49,000.00 Effzabeth A. Neville Southold Town Clerk September 28, 1999 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) 76576145 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 SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 28. 1999: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Construction Consultants/L.l., Inc., 125 A West Broadway, Port Jefferson, New York 11777, in the amount of $q9,000.00, for the construction of restroom facilities at Klipp Marine Park, Greenport, New York, all in accordance with the plans and specifications as prepared by James A. Richter, R.A. Southold Town Clerk September 28, 1999 ELIZABETH A. NEVILLE TOWN C~ERK 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 ADOPTED AT A REGULAR MEETING OF HELD ON SEPTEMBER 28. 1999: FOLLOWING RESOLUTION WAS THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and Construction Consultants/L.l., Inc., for the construction of restroom facilities at Klipp Marine Park, Greenport, New York, in accordance with the plans and specifications prepare by James A. Richter, R.A., subject to the approval of the Town Attorney. ~A~ Neville Southold Town Clerk September 28. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTI~ 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) 765-1600 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR RESTROOM FACILITIES AT KLIPP MARINE PARK BID OPENING: 10:00 A.M.. THURSDAY. SEPTEMBER 23. One (1) bid was received: Construction Constultants, Inc. 125A West Broadway Port Jefferson, NY 11777 $49,000.00 Bid Specifications: RE TR00M FACILITIES: KL[PP PARK BEACH MANH~SE~ AVENUE GREENPORT, NEW YORK H9dd AUGUST 30, 1999 STED ~ SOUTHOLD TOWN EN0]~EERING DEPARTMENT 53095 MADI ROAD, SOLTHOLD, New York 11971 PROJECT DESCRIPTION DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: Located at KLIPP PARK'BEACH, MANHANSETTAVE., GREENPORT, NEW Y~r~K 119~/ THIS PROJECT INCLUDES THE DEMOLITION OF THE EXISTING RE'-,~Tr~OOM FACILITIES AND THE CONSTRUCTION OF A NEW 12' x 20' ONE STORY COI~CRETE BLOCK RESTROOM BUILDING. ~. GENERAL DESCRIPTION: FOUNDATION: WALLS: FLOOR: ROOF FRAMING: ROOFING: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS. 8" CONCRETE BLOCK MASONRY UNITS. 4" CONCRETE SLAB, 2"x6" CCA - PRESSURE TREATED JOISTS. ASPHALT SHINGLES. HOLLOW METAL DOORS & FRAMES. SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS. EXISTING SYSTEM TO REMAIN. INCLUDES ALL NECESSARY EXCAVATIONS, UTILITY CONNECTIONS, FILL, PAVING & SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE SENT TO THE ENGINEERS OFFICE: "~]l", SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, New Yonk, 11971. ~ A~-rENTION - JAMES A. RICHTER - (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INVITATION TO BID PROJECT: DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: Located at .KLIPP PARK BEACH, MANHANSETTAVENUE, GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials & equipment as specified for the demolition of the existing restroom facility and the construction of a new restroom facility at Klipp Park beach in accordance with the Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, N.Y. 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10 AM, September 23, 1999 Alt Specifications are provided herein. (Drawings to be attached) A fee of ten ($10) dollars, cash or check, made ~)ayable 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 5% will be required of each bidder. Please advise if you intend to bid or not. Dated: August 3! -1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth Neville Southold Town Clerk Restroom Facilities A-1 INSTRUCTIONS TO BIDDERS PROPOSALS Proposals must be made in sthct accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in sthct accordance with the plans and specifications, and subject at all times to the approval of the Architect. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. Each proposal must be signed in writing with the full name and address of bidder. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal pdces have been compared, the Owner shall retum 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 bend have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof, Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. 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 (Stipulated Lump Sum). The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. Restroom Facility: B-1 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. 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 an investigation of such bidder fails to satisfy the Town that such bidder is propedy qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 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 I~ravided. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Restroom Faclity: B-2 PROPOSALFORM DATE: ~/- ~ -~ TO: SOUTHOLD TOWN BOARD NAME OF..~ B,DDER: TOWN HALL - 53095 MAIN ROAD / SOUTHOLD, NEWYORK 11971 ~)~ //777 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents (dated August 30, 1999) including bidding requirements, genera[ and special conditions, specifications, contract documents, and addenda, if any (Note: Acknowledgment of addenda and their dates must be included as indicated on bottom page); and he proposed and agrees that if his proposal be accepted he will contract to furnish all labor & materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: KLIPP PARK BEACH, MANHANSETT AVENUE, GREENPORT, New York 11944 in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, New York 11971, and complying with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING iN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written i~ words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town after notice of the acceptance of said proposal shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of.forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Date: ~ -~ ~-- -~ ~ Telephone Number: ~'-//~ -,L/7~_/7z 7,,) ~ Restroom Facilities: C-1 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; nomcollusive 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, communicaf~on, or agreement, for the purpose of restdcting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless othe~vise 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 signin9 this bid or proposal certifies that he has fully informed himself regardin9 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 signin9 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 (Name) (Name of Co~poration) authorized to sign and submit the bid or proposal of this corporation for the roi(owing Project: be Demolition of existing Restroom Facilities and the construction of New Restroom Facilities @ Klipp Park Beach, Manhansett Ave., Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-colLusion required by section one-hundred-three-d (103<1) of the General Municipal Law as the act and deed of su.~. corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liai~le under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 't 03-<1, as amended effective September 1, 1965 Restroom Facilities: D-1 NEW YORK STATE AFFIRI~IVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: BIDDER'S CERTIFICATION (Bidder) it intends to use the following listed construction trades in the work under the contract ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certifica.~p~ required by these Bid Conditions. / / (Si~"~re of Auger) Restroom Fa(~ilities: E-1 OFFE-~tOF SU ETY (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: 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 (Bidders Name) the will execute (Surety Company) the Surety Bonds as herein before provided. Date: Signed: Authorized Official, Agent, or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMI'FFED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Restroom Facilities: F-1 E R I C ~, N { N E J ? ^ R C H { T E C S T I T U T AIA Doc~zment A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. O',X~ER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CI4ANGES IN THE WORK 8. TIME 9. PAYMENTS ...~ND COblPLETION 10. PROTECTION OF PERSONS AND PROPERTY I 1. INSUtL&NCE AND BONDS 12. UNCO'v'ERhNG A.NT) CORRECTION OF WORK 13. MISCELL~aN-EOUS PROVISIONS t4. TER.MLNATION OR SUSPENSION OF THE CONTR&CT This document h~ been approved a.nd endowed by ti~e .M$oc'.ated Gene:'-:A Contmctor~ of .-Lmcnc:. A;?,01-1987 1 INDEX Ac=eptance of Nonconforminc~ Work ......... 9.6.6.9.9.3, 12.3 Acceptance o~ Work ..... 9.6.6.9.8.2, 9.9.3, 9.10. l. 9A0.3 4.3.2, -L3.6. -L-~.t. 4.4.4..~.5.6.3, 7.3.6. 7.3.~3. 8.1.3. 8.3.1. Cct-dficat¢ o~ $ ubs~d~ Comglcdo n .................... 9.8.2 Cerdflcate~ for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 95, 9.6.1, 9.6.6, 9.7.1.9.8.3, 910.1. 9.10.3, 13.7, 14.[.1.5, [4.2.4 Ceaffica[es o f Insurance ................. 9.3.2,9.10.2, 11.1.3 Change Orders ...... [.1.1, 2.4.1.3.8.2.4, 3.1 l. 4.2.8, 4.3.3.5.2.3. Changes ........................................ 7,1- CHANGES IN THE WORK 3. I l, 4.2.8, 7, 8.3. [. 9.3.. l.l, [0. I.3 Cintra, Definition of ................................ 4.3.1 Claims and Dlspute~ ............... 4.3, 4.4.4.5, 6.2.5.8.3.2, Claims and Timeiy A_-...*erdon of Claims ................ 4.5.8 Claims for Additional Cost ....... 4.3.6, 4.3.7, 4.3.9.6.1.1. I0.3 Claim~ for Additional Time ............ .),.3.6,4.3.8,4.3.9.8.3.2 Claims for Concealed or Unknown CondiUons ........... 4.3.6 CIaim$ for Damages... 3.18. 4.3.9, 6.1.1,6.2.5, 8.3.2. 9.5.1.2. 10.1.4 Clawas 8ubjem to ,~bieration ................. 4.3.2.4.4.4.4.5.1 Cleaning Up .................................. a.15, 6.3 Commencement of Statutory I.imitation Period ......... 13.7 C.;mmencemcnt o f ~he Work. De~nition o~ ..... 8.1.2 Admimstration ................ 5.9.1,4.2.-~. 5.2.1 COMPt. ETION. PAYMENTS AND 5 Co ncea]ed or Unknown Condiuo~s ..................... 4.3.6 ,~[~}NSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4.8 ConsL,~c~ion Change Dire~Ave. Definition o f ............. 7.3.1 Construction Sc. hedules, Conwac~or'$ ............... 5.10.6.1.3 Cortttnuing Corttracl Performance ............ 4.3.4 CONTRACT. TERMINATION OR SUSPE~ISION OFTHE .............. 4.3.7. 5.4. l.1, 14 Contrac~ 3.ward and Execution. Con~[ion$ Relau ng (o ..... 3.7.1. Cont,=c[ T'~¢. DeflrfltJoll o f ....................... 8.1.1 2 A201-1987 C~NTRACI'OR ............................. Contractor's Emptoyems ...... 3.3,2, 3,4.2.3.8.1.3.9. 3.18.4.2.3. 3.5.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3. 4.2.-L 3.10. ~.12.7. 6. t.3, 6.2.1 Mate..sal~. labor. Equxpment and ..... I. 1.3. 1.1.6. 3.q. 3.5.1.3 8.2. P roceciure$ of Con~truc~ion ........ 3.3. i. 4.2.3. -~.2.7. 9.-{.2 Minor Changes in the Wort~ ....... i.I. 1.4.-~.S, 4.3.-. -. I. 7.4 Modifications co {he Cent Fact ....... 1. [. I. I. 1.2, 3.- 3.3 11. Mutual Reslaonsibili~ ............... 6,2 Nenconformin9 Work, Acceptance of ......... 12.3 Notice, Written ....... Occupancy ................... 9 0.6.9.8. I. 9.9. 11.3. I 1 OWNER ........................ 2 Owner. Definition o( 2.1 Owner, Information and Services Required of the .... 2.1.2. Owner's Liability Insurance ........... 11.2 Owner'a Right to C~een Up ........................... 4 A201-1987 Suspension by the Owner for Convenience ....... 14.3 A201-1987 5 GENERAL CONDITIONS OF THE CONTIL~CT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFiNmONS 1.1.1 THE CON'~RACT DOCUMENTS The ConLr~ct IDoctiments COrLSISt Of the Agreement be~-we~n Owner ~d Con~or ~er~ ~e A~[), Con~uo~ of ~e Con~ (~e~. 5uppl~ ~d omer Con~do~), Mo~cadons ~sued ~er ~don of ~e Contm~. A M~- ~don ~ ([) a written ~en~t ~o ~e Con~ si~ by both p~i~, (2} a ~ge O~, (~) · Co~on ~ge D~e~ve or~4) ~ wn~ o~r ~r a m~or ~ge ~ ~e Work ~sued by ~e A~ent, ~e Contm~ D~m do not ~dude o~er invitation to bid. ~c[ioem to B[dde~. s~ie fo~, ~e Con~c[or's bid or ~o~ of ;dd~ ee~g ~o bid~g requ~emenm). The Contract ~c[ may ~ Contract D~ sh~ hOC ~ co~ ~o ~[e a commc- subcon~c[or or the O~er ~d Con~or. ~¢ .~ite~ s~. how~.'er, be the Contract ~tend~ 1.1.3 ~E WORK ~ by ~e Contm~ ~m. wbe~ complet~ or equipment ~d ~ pmvid~ or to ~ p~vid~ by ~e Commc[or [o ~ ~e Contm~or's oblivion. ~¢ Work m;y co~dmte ~ whole or = p~ o( ~¢ P~i~t- 1,1,4 ~E PROJE~ The Proiec[ ~ ~e to~ co~tmcuon of whi~ ~e Worn per- foxed under ~e Cont~ p~ ~d which may mctu~e co~c[ion by the Owner or ~p~te confine:om. 1,1.5 ~E O~WlN~ ~e Dmwin~ =e ~e ~ph~c ~d picto~ pomo~ of ~ Con- sho~mg ~e d~t~. [~tton ~ ~io~ of ~e Work. 1,1.7 THE PROJECT MANUAL The Proiec[ M2nu~i ~s the volume usu=fly assembled ~or ~he Work which ma}' include the bidding requirements, sample forms. Conditions of ~e Contrac[ m:~d Spedfic2uo~. 1.2 EXECUTION, CORRELAtiON AND INTENT 1.2.1 The Conrz=c[ Documents shaft be signed by the Ox~c. er md Contractor as provided in the A~ent. It' e~ther the Documents, the .~'chi[ec[ sh2il iden~fy sucti u~signed Docu: 1.2.2 E.xecudon of the Con[mc[ by the Cofltrac[or is a repre- senc~rJon ti'mt the Con[r=ctor h~ vLsi[ed the site, become fami]- iar with loc:ii condi[iot~s under which the Wort( is to be per- formed 2nd correlated pe.-'so~ obse-z'vauons with require- ments of the Conu'acr Documents. 1.2.'~ The Lq[eot of the Coflr. m~c[ Docume-'~cs is [o i~ciude ail items ~ecess;Lrv. ~'or the proper ~-~ectitiofl and comple'Jon of the Wod( by the Contractor. The Coot-mci Documents a~-e comple- mentary, and w~.t is eeqmred required by all: performar~ce by the Coflcmc[or s~hafl be me.~ts Nd re:zson=bly lore.--able From them as 1.2.40rgm~izatiort of the Spec:flcadorLs rata divisior~s, seCUons ~d :Lrdcies, a.'ld a.--r-zflgement of DmwLqg~ shaft riot control the Contractor uq dividing the ~'od~ among Subconu~ccors or Ln esrcbIi~hLqg the -.extent of k'Croek co be performed by any trade. 1.2.5 Unless otherwise st=ted ~ the Contr..c[ Doo.u'nertts. worc~ which h;ve well-known te'-..hnicai or construe'aloft Lqdu.s- ~,. rneaning~ are used in the Cor~[mc[ Doc~trnents in accord- a~ce with such .,-ecogruzed mC:mings. 1.3 OWNERSHIP ANO USE OF AFICItFFECT'S ~ DRAWINGS, BPEC~FICA'I1ONS AND OTHER ~" DOCUMENTS ~.3.1 The DmwinEs, Spec~flC:~ons and otper documents pre~:zred by the .-~'chitecr ='e E~.stmmc~ts of the .~-chkec['s sera,ice through which the Wodc ~ecord set. N~,er the Conb'=c[or nor an}' Subconr4'=ctor. Sub- subcontractor or rn=terml or d.:~m 2 copyright Lq the Drawings, Spec~tic3dons and odle: documents pr .e'p-azed b)' the .'~.'c,~iitem. and unless othe~vise indicted the .~-en~tect shill be dc~med the =uthor o[' them ;nd in ;OdLq. on to the copynghc .~ii cop~cs of them. The DmwLqgs, $c~:iflc=uons ~nd othe£ documenr_s prec.'ed tot. ~e for u.se soie.~¥ with re,pert [o this Proi¢~. The?' ~re no[ cc-..s or ,"or ;c[dinons to mis e.'oiect outside the ~cpe of die 6 A201-1987 and marerird or equipment suppliers :ne granted a limited license to use and reproduce applicable portions of One Draw- ings. Specific=tion5 :md other documents prepared by Se Mclqitec[ approprmm to md for use in rne execution of their th~ Ucense shsll bern- thc statutory copyright nodce, Lf any, shown on the Drawings. Specific:~dons and other documents prepared by the Arc.~itecr. SubrrUttal or distribution to meet orT~cnJ reguN[oQ- requirements or for other purposes in con- neCUon wich this Proiec¢ is not to he construed as publimdon in derogation of the Archimcr's copyright or other rese:w'ed rights. 1.4 CAPFI'ALJT-AT1ON 1.4.1 T~cms capitalized in thc:sc G~neral Conditions indude those wb.Jch arc (I) spec~caliy dctned, (2) thc ddes of num- bered aCades and identLficd refer~nc~ to Paragrapim, Subp:u'-a* Sraph~ and Claus~ in the document or (3) thc ddes of other documents pubtlshed b.v the American Institute of .%xchi(ec~. 1.5 IN'TE~PRETATION 1.5.1 In the inter~t of brcviq.' the Contract Documents fre- quendy omi[ mod~gtn. ~ g words such ~ "~U" and "any" and arti- cles ~uch as "the" and "an," but the fac[ thar= modifier or an article is absent from one statement and appem-s in :mother ~ not intended to affecx the inte:'premdon of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity idendfie,J ~ such in 2.1.2 ~e Owner upon r~onable wnnen requ~r ~ &m=h to the Conrmctor in wd~g mfommon wh~ ~ n~ao' md mforce m~h~c'~ ~en d~. Such m~omdon s~ include a co~ ~mt~mt of ~e ~ord 1~ ~Qe m ~e p~ on which ~e Pro~ N I~t~ m~y rcfc~ to = ~c site. md · e Owner's ~te~g ~ a~ ~e ~e of ~x~don of the o~ such ~mge ~ atle. ~o~ or ~r~orde~ 2.2 INFORMATION ANO SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shatl, ar the r~c!u~t of the Commc[or, prior to execution of the Agreement and promptly from dine m time thermffter, furnish to the Corm-actor re:u~onable evidence that finuncLed :lrr-Jngemerlts have been, made to 6.11ffil thc Owner's obligations under thc Contract. [,Vote: Unless sut:b reasot~ble eridence were ft~rnisbed Orr reque"$t prior tO tDe ~r~cution of the Agrt~ma. nt. :be prospectit'e Coatractor wotdd not be 2.2.2 The Owner shall (urni~h surveys descnbin$ physic, d charac[er~Ucs, leg:~ Umitarions :md unliq., locadorts for the site oi: the Proiect. and :~ legal description of the site. 2.2.3 Except for permits and ~e.~ wfuc.h ~ the t'~p~CL~ibiliL'y ~hall ~cure and pay for nec-n,~',D. ~pptov-_~. ea.,;,;,;,;,;,;,;,;'~:ments. ~- facdities. 2.2.4 Infonmarion or services under the Owner'S control shall be furnished by the O%-aer with reasonable prompmcss [o avoid deny in orderly proD'ms of the Work. 2.2.5 Unless otherw'tse provided an the Conwact Dccuments. the Contractor will be ~urm~hed. ~cc of charge. ,-,ach copitm of Dmwing~ and Proiecr NDnu~ ~s are reasonably nec~sary' for execu~on O~ the Work. 2.2.6 The foregoing are in addition to other dutie~ and sibdki¢~ of Se Owner enumerated he,em md e~pec',.mtly those in respect to .-trude 6 (Construe'don by Owner or by Separate Contracto~l, .-taicie 9 (Payments md Completion) md .-~-dcle I I (Insurmce md Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 U: d~e Conm~c[or ~ to corre~x Work which m not in accordance with the requm:menr~ of the Contract Docucaents as rcqmred by Paragraph 12.2 or persistendy ~ to cTa-cy out Work in accordance with the Con~"ac~ Documents, the Owner, by wri~en order signed p~c~onaUy or by :m agent sp,~:~c~y so empowered by the Owner in writing, may order the Contrac- tor to s~op the Wock, or my gordon ther~Ot', undi the cause for such order has been ~e!immated: however, the dght of the Owner to stop the ~N'ork sh~i~ not give ~ to = duq,' on the par: or' the Owner to ~*:erc~e thru dght for the be.qe~t of the Con- L, Tac[or or ~ny other pen-5on or e~tQtv., e.xcept to Lhe rcqdired by Subpamgmph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 ff the C,:mt~c[or de~Ldts or neglects to Cm'Q.. out the Work in accorCance ~ith the Contract Documents and within a 5c~;¢n-d~y p~nod after :~cmpt of wn~en noticg from the Owner to commence :md con[nine co~on or: such defauk or n~-~_~c~ c~-ith d~igence and prompmc~.S, the Owner rely ;z~er 5u(~n 5:ven-<Ny period ~ive the Contractor = :~cond ~even~J. ay p~nod. R' the Contractor ,:.'id'tin such :~-'cond ~aven- day period :u~er recmpt of such 9:cond nodce ~ to com- may. withou[ pr~udic~ to other mmed~ the Owner may have. correct such deflc~enc5~, tn such ~ an L.,'l~nge Ord~ sha. U be i~uad deductm$ ~m payments then or thereafter due the Conrx:t~or the cost of cut'ru%'ring such deft- c~e'noe~, including comper~arion for the .~-chit~c['s :tddidonaJ servtc~ mad exp. en..~ made n~c~m~,- by such de~:.~uit. or failure. SucJ1 ac[ion by ~he Owner :md amounts abm'ged to th~ Contractor :a'e Doth subjc~_': to prior approval of the .~'chi- ARTICLE 3 :3.1 CONTFL~CTOR DERNmON A201-1987 7 FIELD CONOfflON$ BY CONTRACTOR 3.2.1 The Eor~tmctor sh~il ,c.3re~lly study :md compm-¢ r~e tot shall ~s.sume =ppropria£e r~sponsibLU[y for such pertbr- re:race ~d sh.,ll b~:~ an appropr~te ~mou~ or' the a~tribu~b[¢ cns~ for con:ectJon. 3.2.2 The Contractor sh:]Jl rake field me;surements :md ve~fy field conditions and shall cm'el~Jly compm-e such fi¢!d me:~- SUn.hr to Pmmgz-aph 3.12. 3.3.3 The Curt[motor ~halI not be relieved of ubligataons to per- approvaLs required or pertbrmed by pcm)m other d'mn the 3.5 WARRANTY 3.5.1 The Contractor w:m"=nts to [he Owner and .~chitect that mater, nB :md equipment fumzshed under the Contact will be of good quality and new unless otherwtse required or pr,--mit- ted by the Contract Documents. that the Work will be free from defects not inherent in the quality required or permitted. and that the Work will conform with the requirements of the Contr=ct Doc~uments. Work not conforming to these require- merits, including substitutions not properly approved :md authorized, may be considered defective. The Contractor's warranty excludes remedy for ds. mage or defec: mused by abuse, modifications not executed by the Contractor. improper or insufficie21£ malnten=nce, improper opemoon, or normal we. zr and tern- under normal usage. If required by the Architect. the Contractor shall ~mish satis~ctory evidence ~ to the kind and qumtity o? rrmtenals md equipment. 3.6 TAXES 3.6.1 The Contrac=or shall pay s~, ¢o~umer. u.~ :md ~imil~. t~es for the Work or portions therco{, provided by the Eon- tractor which nrc lc'gally enacted when bids ~e received or negotiations concluded, whether or not ?'et effecuve or merely scheduled to go into effect. 3.7 PEfiMITS, FF_F_S AND NOTIcEs 3.7.1 Unless otherwise provided in the Contrac,, Documents, the Contractor shall ~:ure and pay for the building permit md other permi[.s =nd govemmenr, al {.e~. Iic~'tse~ :.md inspections necexsar~j {'or proper execution :md completion o{' the Work sh~.'~il prompdy floriN., the .~a'chit~[ :md Owner in writing, and necessary changes shall be accomplished by appropriate M(xlificark)n. 31,,7.4 ti' the Contractor performs Work knowing it to be con- ,~.' to laws statutes ordinances building codes and m es and regtil=dons without such nodce to the A.,-c. hi[ecr :md thc Contractor shell :z~sum¢ full ?esponsibilir? {'or such Work :md shall be-,.tr the attributable co~ts. 3.8.1 The Contractor shall inc!ude in the Contr'.~ct Sum all by allow:mcr5 5hall Be supplied ti)r such amounts :md by such 3.8.2 L'nl~-~s ()therwtse provided in the Contract D<)cuments: 5elected pr(~mptly by the Owner t() avoid delay in the r~-'quirccl taxes. I~,.~ appilc=blc trade discounts: 8 A201-1987 [he Con[mcr Sum sh:J.l be adju,sced 2ccordingi¥ by Change Order. The ~-noun[ o( [he Ch~,.qge Order reflect (1) the difference between acm.~i cosis ,and the aJlow3nces under Clause 5.8.22 :md 12) changes Contractor's cases under CiaLLSe 3.82.3 3,g SUPEFtlNTENDENT denc ;md nece~s;zry assL~ranr~ who $i~afl be in at~end3~ce at the Proi¢ct site dUr~g performance of the '~'ork. The supeemten- to d3e Yupermmnd. enc shall be 35 bind~g 25 if g~ven to [he Con* u-actor. Impo[mot communieadoo5 shaft be cofl£mmed in ing. O[her commumcations sh~-Jl be sL~nLL-my ¢onfimted on 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Con[mom[. prompdy ~er being a~-,,rded the Con- [mcr. sh~! prepare :md submit ~(3r ,~be Owne:'5 :md Architect's The schedule ~hull not exceed rime limits curre.~nt under [he Con[[:c: Duoiments. sh:fll be revised, ar appropn=te mte,wal~ as reqmred O? the conditions of the Wock and ?,q;{ecr, sh=iI 3.11 0OCUMENTS AND SAMPLES AT THE SITE 3,11A The Contractor 5hail rn,~qmin =t [he site for d~¢ Owner one record copy or' [he Dr=wings, Spccifl(.~[ion5, =ddend~. CDmnge Ordem :md other Modifl~tion.s, in g(~d order :md rnm'ked CUrrently to record dlang~s smd seJe~.-don5 m:~de during cons[racoon, and in addition approved Shop Drawings. Prod- ucr Dam. Sm-nple5 and similar required, submm:als. These slmil be avmD. bie to the .Aa"c,hitec~ :md shall be deiive.~ed co [he ,M'chi- 3.12 SHOP DRAWINGS. PRODUCT DATA AND SAMPLES 3.12.1 5i~op Dczwin~s .u'e dr'awing.5, diagr, m'~. ~hcduies by %.fllc.~ c~e Work wdl be judgw-'. 3.12.7 By approving :md submitting Shup Drawings. Product [hat thc Contractor h=.s dere,,'mlncd :md verified m:zte:'ial5, field wifl do ~. md ~ ~k~d md ctx)~i~r~ ~he info~arion 3.12.8 ~e Conrm~or sh~ not be miiev~ Of ~po~ibiliry 3.1Z10 lnk>~a¢k)n~ 5ubmi(~ u~)n m'~lch the .~chirect is A201-1987 g not be Lma-~Jsormbly ~thh¢ld. The Contractor sl~.LI not 3,15 C~NING UP 3.15.1 The Cont~ctor sh~ kc~p ~¢ prcm~ ~d ~o~d- mg ~ free from ~c~don of w~[e m=te~ or mbb~h o~ed by opemdom ~d~ ~e Con.mm. At ~mpledon of Work the Con~or sh~ r~ove Eom md about ~e Proiect w~te ~te~, ~bbmh, ~e Commctor's too~, co~on equipment. ~me~ md su~l~ ~.1fi.2 ~ ~e Contm~or ~ to d~ up Consn~ ~m. me Owner ~y do so md me cost ther~f sh~ ~ ~ to ~e Contm~or. 3.16 ACCESS TO WORK 3.16.1 ~ Cons~ctor sh~ ~rovid¢ ~¢ Own¢~ ~d .~t~t ace.s to ~c Work m pr~tion ~d pmgr~ wherever 3.17 ROYAL~ES AND PA~ 3.17.1 ~ Con.clot s~ pay ~ ~y~ ~d The Cont~or sh~ d¢~d sui~ or c~ for ~f~g~[ of p;[~t d~m ~d s~ hold ~¢ Owner ~d .~it~t ~l~s from 1o~ on ~cco~[ ~f. but s~ no( be r~l¢ for such def¢~ or fo~ when a ~ d~i~, pr~ or uct of = p~Jcu~ m~u~er or m~uf;c~cm b ~qu~d by the Con~mct ~¢n~. HOWev~:, son ro believe ~t the r~qu~¢d d~i~n, proc~ or ~rodu~ inf~mcn[ of a pa[¢ns. ~e Contac:or s~[ be ~pons~b[¢ for such loss units su~ info~adon ~ prom~dy ~rnmhcd 3.18 INDEMNI~CA~ON 3.18.1 To ~¢ ~[ extent pe~ined by ~w. the Cont~ctor sh~ mdem~ ~d hold h~I~ ~¢ Own¢:, .Mchi[¢m. Arch~- tccCs co.ultra, ~d agen~ ~d ~p[oy~ of from ~d a~st ~. ~g~. Io~ ~d ex~, ~dud- from perfo~c~ of the Wo~, provided ~ (other ~ ~¢ Wo~ i~I0 ~ciu~ng Io~ of · ~¢from, but o~y to ~¢ ~t ~d ~ whole o~ ~ ~ by n~igcn~ a~ or om~fo~ of ~¢ Cont~ctor. = Subcontm~or, ~yon¢ ~y or ~r~y empfoy~ by ~¢m or ~yon~ for whose acm ~y ~y be ~b(¢, ~ of wbe~¢r or not such c~. ~=g¢, loss o~ ¢~ ind~mniHcd hereunder. Su~ obH~tion 5h~ not b¢ co~d to n~[¢. =bdd~¢. or c¢duc¢ o~¢~ thd~nlty w~ich wo~d o~ ~[ ~ to a ~ or pe~n 3.18.2 ~ cl~s a~[ ~y pc=on or ¢nti~ in~d und¢= thru P=~ph ~.[8 by ~ ~p[oy~ of th~ Core--or. a 5ubcon[~ctor. ~yon~ ~r~fly or ~r~dy ¢mploy~ by Uon obli~tion under thru P~g~ph ~. [8 s~i not be [~itcd by 3,18,3 ~¢ obii~tio~ of ~ Con~or ~d~ 5.18 s~ not ~t~ to ~¢ I~b~ o( ~¢ .~t~. ~ .~c~- tent's cortsulr, anr. s, and agents ;md employees of ;my of them aming out of(1) the prepanuon or approv~ of maps, ck'=wings, opinions, reports, surveys. Ctmnge Orde.'5. designs or specilica- tin~, or (2) the giving of or the fmlure to give direcr~orts or in~tmcoOns by the Architect. the ArchitecVs consultants, ~nd agents ;md employe~ of ;my of them provided such g~vmg or fmlure [o g~ve i~ the prLrnm-y c:~use of thc iniury or dxrn~ge. ARTICLE 4 ADMINISTRATION OF THE CONTRACT ARCHITECT 4.1.1 The Mchitcct Ls the pemon Iuwf'o. ily licensed to pt~c~ce architecture, or rm entity l~wt~lly pmc'd~.g architecoare iden- dried as such in the Agremment and i~ re_letted to throughout the Contract Docttmea'~ts as if singuim' in nttmber. The ten'n 4.1.2 Dtines. responsibilities ;md limitations of authority of the Architect =5 ~et forv21 in the Contr=ct DoctmlmlL~ sh~l not be sormbly withheld. 4.1.3 In c:me of mrmm~don of employment of the Architect. the Owner shall :tppoint ;m architect =g:unst whom the Con- the Contr'act Documents si'mil be th:It of '..he former aschitea~.. 4..1.4 Disputes arising tmber SubpamD~phs ~..I.2 arid 4.[.3 sh~ll be subiec~ to m-bitr-'..[ion. 4.2 AF[CHIT~CT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The .~chitec: ~ pm vide admin~wadon of the Contract as described in the Contract Docume::..ts. ;md will be the Ow~¢t"$ representative (t) dur~g construcrJon. (2) unnl payment i~ due ;md (5) with the O~T,¢.-'s concurrenc-~, from time to time durinlg the coffee',ion pe::-.od described in Para- graph 12.2. The Architect will advL~e =nd consult with thc Owner. The Architecl wlll l~v¢ authori~- [o act on be. ~h~.l.f o f the O~-ner only to the extent provided in the Contract Documents. unless or. her'an~ modi[ie~l by walden ic, stmmen£ in ;mcordm'tce with other provisions of thc Contm~. ~1~.2.2 The Architec: ~ ',~it the site at inte:'v-ab :tgpropri=te co e stage of co~tructirm to become gene-ally f:ll'niliar with the progre~ and qu:fli~ of the completed Wo~ ;md to determine m genet~ i~ the Work i~ being performed in a mariner indicat- ing ttmt the Work. when completed, ~ be in accord:race with required to make ~--~ta~tive or continuous on-s~te inspections to check qualitT Or qtmnti~ of the Wo~. On the h~i~ of on- site ob~-v'adons ~ an :Lrchitea~. the :~-chiteat will keep r_he Owner informed of prog~=ss of the Wo~. md w,ll endeavor to DJm'd the Owner agmr,.st defects ;md de~clenc:e$ in the Work. 4.2.3 The Arch~teat will no~ ~ve control over or ci'mrge wtll nO( be r~ponsible for constmc~on memos, method~, tec.~niques, sequences or procedures, or for sat'cry pre-~.ut~ons and program~ in conneC'dOn with the Work. since ~e~e ~olety the Conmactor's re~ponsibilit7 as provided in 3.3. The Mchitect ~ not be t'~ponstbie for me Consmctor s of ;md ~ not t:~ tm'txmWole for acts or orm~sions o~ the Con- 10 A201-1987 other perso~ p~rforrnmg pomoo.s of ~¢ 'Work. 4.2.4 CommuniCations F~cilltafing ~n~ Admin~ tion. Exert ~ o~¢~c g~vJdcd ~ ~¢ Con~ Do~ ~e ~rou~ mc .~c~t Co~um~o~ by ~d wi~ .~itcc(s co~t~ s~ be ~ou~ ~c .~tc~. Co~u- ni~do~ by md wJ~ Subcont~o~ md ~t¢~ supplic~ sb~ bc ~rou~ ~c Con~or. Comm~o~ by ~d r¢~i~ ~d c~ t~¢ ~o~ due ~¢ Con~o~ ~d 4.2.6 ~¢ M~t~ w~ h~v¢ ~u~od~ to ~ Work which .Mahi[¢ct co~id¢~ k acc~ or =dv~bi¢ for [ion of ~e ~[~[ of ~¢ Con~ ~G, ~¢ .~ h=v¢ ;m~on~ tO mq~ =d~o~ ~p~on or c~ Work m accor~c: wi~ 5ub~p~ 13.5.2 ~d 13.5.3, wbe~er or no~ suc~ WOm ~ ~bnmt~, ~ed or completed. Howler, n~er th~ ;mmod~ of ~e M~[~ nor a d~aion ~de m g~d fa~ mmer to mxer~e or no~ to exer~ su~ aumomy s~ We ~e m a du~ or ~ib~ty of ae .~i- r~ co ~e Cont~or. Su~on~oa, ma~ md ~pm~[ mg ~aio~ o[ ~e Work. 4.2.7 The .~tec~ w~ r~iew md app~ve or ~e o~er Shop Dmwm~. Product ~m md S~plm, bu~ only for the I~i~ed pu~o~ of ~l~g for co~o~c= wi~ in~om~ion Wen md me d~ign cone=pc e~r~ed ~ ~e Commct Do~- w~fle ~owmg sufficient ~e a me ~hk~'s p~f~io~ iud~ to ~it =deq~t¢ re,aew, Review of sua~ submi~ ~ ao~ conduc:~ for ~e pu~o~ of det~g the md comple:m~ of oth~ de~ suoh = ~m md q~aam, or for ~m~g ~om for ~aon or p~ce of equipmmt or s~. ~ of whi~ ~ rmpomibili~' of ~e Con--or ~ ~qu~ by ~e Con~c[ Do--cna. The .~'s ~ of ~e Con~or's sub~- Pm~P~ 5.5, 3.5 md 3.12. ~¢ M~i~'s ~dew s~ no~ specific~y sm~ed by ~e .~c~i~, of my comtm~ion m~. method, techthqum. ~quenc~ or pmc~m. ~e mprov~ of = sp~c item s~ not inamte approv~ of ~sembly of whic~ me kern a a component 4.2.8 The .gchit~t w~ p~g~ G~ge Orde~ md Core,mc- the Work ~ provided in P~ph 7.4. ~e or ~ oi Subs~u~ Completion md the ~ce of 4.2.10 If me Owner md .~i~ a~, ~e .~ ~ p~- resportsibLlities md EmitarJon.s of author~ Of such project regresenmuves shall be zs set form in an c'd~ibit to be incorpo- 4.2.11 The Architect wtB interpret :md decide matters concern- ing p¢ffon'rmnce under and requirements of the Contract Documents on written requmt of elmer the Ortner or Contnc- wis reasonable prompmcss and within my ~me limits agre=d upon. If no agremment is made concerning the time wirj~n whic2~ interpretations r~quircd of d~e Arci'Ht¢ct si'mlI be fur- dished in complinnce wid~ r2~ P:Lmgmph 4.2, then deny sh:dl nor be recognized on account of ,~mlure by the .M'chkecr to bar- nish such. interpret;mons un~ 15 days a~er written request is made for them. 4.2.12 gqterp, remdor~s ;md dectsiorks of the Atcilitec: will be core,tent ~ ~e mmnt of ~d r~ly ~mblc from ~ Con~ ~enm md w~ be in wd~g or ~ ~e fo~ of ~. ~ m~g su~ mte~r~nom md de~io~, the .~t~ w~ ~d~vor co ~re ~ ~o~ce by bo~ O~er md Contmaor, w~ not show p~ to ~er md ~ no[ be ~le ~or ~ulm of ~t~remfio~ or d~io~ ~ rmde~ ~ ~d ~. 4.2.13 The .~chitecfs decl.sioa.s on matters re,ting co aesthetic effen~ will be ~ g cot3.sistent with the thtent ex-pressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. X Clmm is a demmqd or :tssemon by one o£ :he partita seeking, ~s a rrmtrer of d~t. adimtment or rate,re- or o~e~ ~ef with r~p~ to me t~ of ~e Contract. tm~ "C~" ~ mcludm o~ee ~put~ md ma[tern in qua- The ~po~ib~ky to substmmte CN~ s~ rest wi~h p~ m~mg ~e ~. be r~m~ = a con,don p~t to ~itmdon or liaison maitre ~ing prior to ~c ~m fir~ ~cnt ~ due, of(l) wbem~ such ma=em ~re to ~don md progr~ · e Wo~ or (2) ~e ~tent to which ~¢ Wor~ h~ b~n com- plete. ~e dec,ion by ~e Mchit~ ~ ~me to s~ no~ be a con, don pr~ent to ~i~don or lid~don in thc event (I) ~c posidon of Mchit~t m va~t. (2~ thc .~chitec: action required under Subpam~ph 4.4.~ wi~m 30 ~yS a~er the ~ ~ ~de. (~) ~5 ~ys have ~ed a~er thc CI~ b~n refe~ to the MchRec~ or (5) ~e C~m reNt~ to 4.3.3 ~me Umi~ on ~i~. C~ by ci~cr pa~' m~t be w~ not be co~i~ ~ ~bmitt~ m: t~y ~. 4.3.4 Continuing Contract Performance, Pending r'm~J r~o- lution of a CLan Lrtdudi~g a~bic~aon, unJess o~erwLse in wfidng the Contractor shaft proce-'-~d cl~gendy wich perfor- 4.3.5 Waiver of Claims: F~nal Payment. The m:~mg of .3 terms of specmi w:;u-e-ami~ eeqmred by che Contract 4,3.5 C3aims for Concealed or Unknown Conditions. It' con- re," m3teriafl? from chose ordin-~r~iy found co e.x~st :md genc:'~,JJ¥ by the obse."ving- par~ 5t~11 be gtven m [he ocher, pm-q: cost of. or tume required for. pedorm~nce of my p:u~, of terms of [he Contract ts jus[iHcd, ch¢ Mchitect sil;dl so noci~' 4.3.7 Claims for Add~ona! Cost, It' the Contractor ,,',~hes to [he Work. Prior notice b no[ eequireq for CL:dm~ mbt. inS [O emer~lcy endn~gedng life or propert)' ;Lri~ing under, graph H).3. It' the Con[mc[or befleves addition=t cos[ Ls [ect. [4) f=ilure ot' p=yment by ch¢ Owner, (5) terrain=lion of the 4.3.8 C~aims for Additional T~me 4.3.9 injury or Damage ta Person or Property. [f excher such p=rt',:, is l~y ~ble. wn~en natic: of such ~u~ or ~e o~er p~ to mv~u~re ~e matter. If a C~ for be (fled ~ provt~ m 5ubp~p~ 4.3.7 or 4.3.8. 4.4 RESOLU~ON OF ~{MS ~O OlSPU~S 4.4.1 ~e .~[~= w~ ~ew C~ ~d ~e one or more of · e foflowmg pr~m~ a~o~ wi~in ten ~)m of mceip[ of C~: (I) r~u~ a~6o~ su~po~g ~m from che (2) submi~ a scheme to ~e ~i~ m~ing when ~e .gchi- the Clmm by ~e o~ ~ or (5) m~t a compmmme. my. of che ~mm m6 ~oun( of ~e CNim. 4.4.3 If a C!~ ~ no~ ~ rmolve~. ~e p~' m~mg p~ bu~ Subi~ m ~i~mmm. U~m e~im~ion of such time · c~on[mcx Sm or Contmc~ Umc or ~ch. if ~ere ~ a su~{y m~ mc~ ap~ to be = ~ibiEcy of a Concmt~or's dc0ault. 4.~.1 O~n~ve~ and O~ims Su~i~ to A~i~tion..~y 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Clams bcrwee~n me Owner and Contractor not resolved under P:~mgraph 4.4 s~. if subject ~o ~bi~[ion ~dcr Subp~ph 4.~.1, b¢ d~idcd r~dy m effect. ~s ~e ~ mu~y a~ 4.5.3 Con.ct P~o~ance During A~i~flon. Dung ~i- with Subp~h 4.3.4. 4.5.4 When A~i~flon May Be DemandS. ~d for ~i- ration of ~y C~ ~y not ~ ~de ~t~ ~e ~Eer of ( ~re on which ~e ~it~ h~ ~de~d a ~ wna~ sion on ~e C~. (2) ~e t~ ~y ~er ~e ~ ~ve pre- written dec,ion by ~a[ ~re. or (3) ~y of ~e five d~cfibed M Subpam~ph 4.3.~. 4.5.4.1 ~en a wmten d~ion of ~e .~hi[~ smt~ ~[ ti) the ~ion a ~ but sub~ect [o ~i~don md (2) a de~ for ~bit~tion of a ~ cover~ by such de~ton m~[ be made wi[~ 30 ~ys ~er ~e ~te on whi~ ~e p~ ~g dem~d ~bi~tmn with~ sad 30 ~}~' pe~od shMl r~[ thc Archirect's de,ion ~oming ~ ~d bin~ng upon 4.5.4.2 A demand for arDitmraon shaft be made within the limits specified in Subp:Lr=g~Fhs 4,5.I 3nd 4.5.4 :md C~use 4.5.4.~ 35 appii~ble, and in other cases within a reasormbIe time a~er thc Claim has arL~n, and in no event shall it b< made a~er the date when irtstitution of legal or equl{~ble proceeding~ based on such CLaim ,~,'ould be barred by thlle ;zpplicab~e of limitations 35 determined pumuan[ to Paragraph 13.7. 4.5.8 t imitation on Consolidation or Joinder. No arbitration acksing out of or relating to the Commct Documents shall include, by consolidation or joinder or in any other manner. the .~rchitec~. the .~'chitect's ernptoyc~i or consultants, except by wntren consent containing specific reference to the Agr~- merit and signed by the Azchirect. Owner. Contractor and my other person or enmy 5ought to be ioined. No acbilration shall include, by consolidation ne joinder or in any other manner. par~:es other than the Owner, Contractor. a .sepamre conLmc. toe as descrlh~Nit in .~rticle 6 and other person.5 subsemtially invdived in a common que$tion of fact or is required if complete retief i5 to be accorded in arbitration. pe.'mon or entity other than the Owner, Con mc:or or a contractor a,$ deschbed in .~rlide 6 shall be included as aft ong- treble Law in any court having jura<fiction thereof'. 4.5.6 Claims and T~meiy Assertion of Claims. A pa:q: who tiles a notice of dcm:md for arbit~non must isserc in the demand all Claims then known to that party on which arbitra- l:on ~5 permitted [o be dem:znded. When a parW N~fls to include a Claml through ove=ight, inadve~ence or excusable negtecL or when a cLama has matured or been acquired subsequend¥, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgmem on Final A~ard. The award rendered by' me arbitrator or arbitrators shall he Final. and }udgrnent may be entered upon it tn accordance with applicnble Law tn any court having iunsdic'don ~ereof. ARTICLE 5 5.1 SUBCONTRACTORS DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a ~rect contract with the Confine:or to perform a portion oi the Work at the site. The term "$ubcontmcror" i5 referred to throfighout the Contract Documents as if singular in number and melns a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontmmor" does not include 3. separate corn:actor or sLIbcontractor5 of 3. separate commc',or. S.1..2 A Sub-subcontractor i5 a person or entity v-ho has a direct or indirect contract with a 5tthcommctor to perform a p<~r[ion of the Work at the site. The ~e..'all "Sub-subcontractor" L5 refe~ed to dirou~qout ,'he Con:rat: Documents a5 it'singular 5.:1 AWARD OF SUBCONTRACTS AND OTHE.q CONTRACTS FOR PORTIONS OF THE WORK the bidding requirements, the Cont<ctor. as soon ~ prat- tic'able after award o( the Contract. shzi! 5arntsh in .writing to ties linctuding tho~,e v,-m~ are :o fi~rnuh materials or equipment fabricated to .t ~p¢c"~l desigm proposed ~or each pnnc~pal pof tion oi the Work. The .~chirect will promptly reply to the Con- ArchirecL a~ier due investiKauon. 'has reasonable nhiection to any soch propped pet~m or endD-. P. alure of die Owner or 3.hie objection. 5.2.:l The Commc~or shall not contract with a proposed per- sortable and time!y ohiection. The Contrac:or shall not he ~.:1.3 If the Owner or Architect has reJ.son'.zbie objection to a person or entity proposed by the Contr'acror. the Colltmc:oc ~hall propose :mother to whom the Owner or Architect has no r~sonabie obiection. Th< Contract Sum ~hull be incr=:.me~ or decre:::.sed hy the diiference :n coat tx:cas~oned bt.' ~uch change and an apbropdate CNange Order shall he ei~ued. However. no incre.,_se in the Contract Sum sh'all be alk)wed tbr ~uch c,hang< unless the Contrac:or has ac=ed prompdy ::nd r~ponsive!t.- tn A201-1987 13 5.3 SUBCONTR~CTUAL RELATIONS 5.3.1 By approprmm agreement, written wbere [cgs. lly required for validity, the Contractor shat1 rcqulse (tach 5ubcontra~or. to the ~xtent of the Work to be performed by the Subcontractor. to be bound to the Contractor by rerm.s o£the Contract Docu- and respoo,sibdities which the Contractor. by these Docu- ments, :Lssumes toward the Owner :md Arc~itect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Arot~tecz trader the Connmct Documents with respect [o the Work to be performed by the Subcontractor so that subcontracting thereof will not prejueice such rights, and sh~dl ~llow to the Subcontractor. tml~ s.~ic:~y provided otherwise in the subcontract agreement, the benefit of ali tight.% remedies and ~ ~ir~t the Contractor rZmt the Contracro[, by ~e Contract Docmme~m. h~ ~[~m~[ the Owner. Where appropriam, the Contractor shall require each po~-d Subcontractor, prior to the e.xec~,dofl of the subcontr=ct ~greemen£. copies of the Contract Doc~ment~ to ~hich the Subcontractor ~ be bound, md. upon wriuen request of the tions of the proposed su~:onr_m~ct agreement which may be at var=nee with the Contract I2oc'am~'~ts. Subcontractors shall sunii~ty mare copies of appli~.d~le portions of such documen~ avmlable to their respective pro.nosed 5ub-sub¢ontractots, 5.4 CONT~NGE~NT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract 3gre~nent for ~, poraon or' the Work is assigned by the Conu'=ctor to ~",e Own~ ~rovided that: .1 assisnment is effective only :~e: ;¢:min=r~on of the graph 1w.2 and only ~or ~o.se subcanr_~c= which the Owner =cc.--pts by noa~'th8 the '$ubcon- ,2 :~ssignmen¢ is subiec~ [o the pdor dghts o~ the If any, obii~.ted under ~ond rc'.amn~ to the Contras. 5.4.2 It' the Work h;.s been suspended for mom rhun .%0 d.':ys. the Subcontmctor's compcns=r,on sh.~ be eqmmbl¥ =dinsted. AR'hOLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CON-~TRUCT[ON and to award 5~pmmte contracI5 in cormecr~on with other site under Conditions of the Contract idenuc".J or ~'ubstmntmlly 6.1.3 The Owner shaft provide for coordimuon of the acuvi- ue~ of the Owner's own forcm md of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contraaor stroll pamcipate with Other separate con- tractors zn_d the Owner in reviewing their construction sched- ule~ when direo:ed to do so. The Contractor shall make any revisions to the construction schedule and ConL~Ct Sum deemed necessary after a ioint re,new and mutual agreement. The construction schedules shall then cor~timte the schedules to Be ttsed by the Contr=ctor, .sep2rare contractors and the Owner unul subsequendy revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construcoon or operations re~ted to me Proieet ,mm me Owner's own forces, me Owner si'mil he deemed to be subject to the .mine obligations and to have the same rights which apply to ~e Contractor under the Condi- tions of the Contrac~ including, without excluding others, those sr. ared in Mtide 3, thi~ Article 6 and .Mmcles 10. 11' and [2. 6.2 MU'I'UAL I~F_~PON$1811.JTY 6.2..1 The Contractor sh~ :ffibrd the Owner and sep".mte con- tractors r,mson~ble opporcuniry for introduction and storage of r.heir materials :nd equipment md pefforomnce of their acdvi- struc~on :md operations with theirs ~ required by the Contract Documents. 6.2.2 If pm't of the Contractor's Work depends for proper execution or results upon construcdon or ope.rations by the Owner or a sep=rate contractor, the Contractor shall, prior to proceeding ,'~qth ttmt pomon of the Work. promptly report to thc M'chitec: apparent discrepandes or defects in such diner construction 'd'mt would, render [t unsuitable for such proper execution :md results. Failure of the Contractor so to repo= si'mli consnrute :m ac:mowledgment that the Owner's or s .epa- rote contractors' compl~ed or pm'rally completed construction is fit and proper to r~ve the Contractor's Work. except as id defects not then reasormbly discovmble. 6.2.3 Costs mused by del=ys or by improperly timed acr. ivities or defeerave construe'don shaft be borne by the par'q,.' responsi- ble therefor. .4 The Contractor si'mil prompdy remedy darnage wrong- y catmed by the Con~J'actor to completed, or ~5' com- pleted construction or to property, of the Owner or separate commctors as provided in Subparagraph 10.2.5. 6.2.5 Clam :]nd other disputes and matters in questxon between me Contm~or and a ~p~tc contmcror s~ be sub- i~ to ~e pmv~to~ of P~gmph 4.3 provided the ~p~te contractor h= recipr~ obli~om. 6.3 OWNER'S RIGHT TO CLEAN UP re:~pee~ve contracts for mmnmmmg the preroL.~ and ing ~ ~ ~m ~te mte~ md mbO~h ~ d~ P~h 3.[5, ~¢ 0~ ~y d~ up ~d ~te ~e cost ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Ch~,nge~ in me Work m=y be =ccompli~hed ~¢r e_xeoJ- 7.1.2 A C~¢ Order sh~ be b~d upon a~e~m~n[ ~on~ ~one. 7.1,3 Ch~g~ ~ mc Work s~l be per~o~cd ~der ap~li- tot sh~l proc~d promptly, u~ oth~c provided Ch~ minor ch~g~ ~ ~ Work. 7.1.4 If sub~u~ndy =~ upon. md R' qu~tl~ odg~y con- [~g~cd ~c ~ ~[~ in a grogo~d C~g~ Ord~ or Con- any. 7,2.2 M~[ho~ ~d in ~[~inmg adj~tm~n~ [o th~ Contract 7,3.1 A Co~t~ion p=cd by ding a chm~ in th~ WO~ ~d smtlnB a p~ b~m for t~ct T~c being adjured accorthn~y. s~qu~dy 7.3.5 A Coastructlon Ch:rage Directive signed by the Contrac- lng adjttsrJ'nen[ in Contract Sum :md Contract Time or the method for de[ermimng them. Suc~ aEreement shall be effec- tive immed~tei¥ :md S~lfl be recorded ~; Ch~ge Order. 7.3.6 If the Contractor do~s not r~spOnd promptly or d~sa~e~ Clnu.se 7 3.3.3, the Con[fac:or sh~ll keep and present, in such together with approprmte supporting dam. Chiefs otherwme provided in the Contract Docttments. costs for the purpos~ oi chis Subpm"~graph ~.3.6 shall be limited ~o the following: compensaaon inaurance: .2 costs of matermls, supplies md equipment, incine- .$ additional costs of supert.ision :md tie!.d or'Hoe pe~on- 7.3.7 Pending final determination of cos[ to the Owner. amounts not in dispute may be included in Applications for Payment. The amount of credit to be afiowed by the Contrac- f~med by the Architect. When both addition~ :md credits change, the allow:race for overhead and profit shall be figured im.erledi=tely md sh:lll be ~orded by preparauon and execa- uon of an appropriate C2zange Order. A201-1987 15 7.4 MINCR CHANGES iN THE WORK in the Work not involving adjustment ~ the Contac: Sum or orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless other'wise provided. Contract Time ks the period of time, including authorized adinstments. ~otted in the Con- tract Documents for Substantml Completion of the Work. 8.1.2 The date of commencement of the Work is the date estabiishe-J in the Agreement. The date shall not be postponed by the failure to act of the gontmcor or of persons or ennlie:, 8.1.3 The date of Substantial Completion is the date cc, titled by [he Architect in accordance with Pa. ragmph 9.8. 8.1.4 The term "day' ~ used in the Contmc~ Documents shall mc-.m calendar day unless othcr'~vise spccitlcaily defined. rbr pertl>vrnmg the W(~rk. 8.2.2 The Contractor ~hall not knowingly, except ~y agree- date of insurance required by .-Lrtide I l to be Azmish~d by the be changed by thc effective date of such in:~urance. L'nlexs thc writing m}t le~s than five days or other agreed period before commencing the Work to permit the timely filing or' mortgages. 8.2.3 The Contractor sh',il pmcet'd expedkiously ,x-ith adc- quate forcm and sh:fll achieve Substantial Completion within 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor cs deiayed at any tmte th pn)g~e_~ of the the O':vnet. or by change~ ordered in the Work, or by 'labor 8.3.2 Cl:~m~ reladng to time :,hail ~e made :n accurd~ncv_ with applicable ~rovLsiurm (}f P:wa,graph -~.3. ARTICLE 9 PAYMENTS AND COMPLETION 9. I CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement =nd. includ- ing authorized adjustments, is :he total amount payable by the Owner to thc Contractor for performance of the Work under 9.2 SCHEDULE OF VALUES 9.2.1 Before ~hc first .-kpplicution for Payment, the Contractor s~l submit to the .gchitect a schedule of values ailoca£ed to various portions of the Work. prepared in such form =nd sup- ported by such data to substantiate its accuracy. =.s the Architect may require. Thru schedule, unless obiected to by the Mchitec~. shall be used ~ a bmsis for reviewing the Commctor's ADp[icu- 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At [e:zst ten days before thc date ~tablkshcd for each progress payment, the Contractor shall submit to d'lc .~'chitcc: in accordance with thc schedule of values. Such application sh~I be notarized, if oequired, and supported by such data or ,~chitec[ may require, such ~ copies of requisitiort5 from Subcontractors and material suppliers, and tefiecrang remmage if pn~vided t'or ebewbere in the Contract Documents. 9.3.1.1 Such applk:adons may include requests for payment on included in Change Orders. 9.3.1.2 Such appiic'ations may not include requests for pay- payment ma.',- similarly he made r'or ma~e.-'mb and equipment suitab{y stored off the site at a l~v,.'atinn a~.'~:ed ul::xm in w'ddng. :1 he cxmditk:,ned compliancu by the C,.mtmcxor with upon submittal of an Applic::tion liar P~yment all Work for qualiw or quantity of the Work, (2) £eviewed con.struc'don me:ms, me.otis, techniques, s~quences or pmcedure~. (.5) :md marerml suppliers and ocher clara requested by ~e Owner to substm'~L/2[e tile Contractor's fight to paymem or (4) made Sum. 9.-5 DECISIONS TO WITHHOLD C~'tTtFICAT~CN 9.5.1 Ti~e .M-chimer may decide not to certib:' payment and may withhold a Ce,'xificate for Payment in *.'hole or in pm. to by Subparagraph 9-*.2 c'annoc be made. ff the Mchitecr is Subparagraph 9.4.1. if thc Contr'acmr and Mchitect c:mnot agree on a revised amount, the Architect will promptly i~uc a Certificute for Payment for the amount for which the .M-chitecr is able to m~e such repre~entad~)ns to thc Owner. The subsequently discovered evidence or subsequent observatk~m. may nulli~ the whole or a part of a Cerdficmm {'or Payment previously issued, to such extent ~ may be nece~, in the 0.5.2 When the above m'~on$ for withholding certification :ire withheld. g.fi PROGRES~i PAYMENTS 9.6.1 .~er mc ~9icccr ~ ~su~ ~ Cemfi~ce for P~vment. · e Owner sh~ m~e payment m 9.6.2 ~e Commc~or s~ prompdy pay ~ 5ubcommctoL en~d~, retl~g percmmgm ac~ly m~ed from pament~ of ~ WO~. ~c Con~or s~. by appmpmte ag~menr wi~ tach Su~omm~or. m~im paym~m rd Sub-subconm~om in s~ ~ner. ~.$.~ ~¢ M~it~t w~. on ~u~t, ~BB to 2 Subcommc- tot. ~ p~cd~lc, ~to~on ~d~g ~rcenmgm of com- pterion or ~o~m appfiO ~or by ~e Commctor md action aom of the Work done by such Subcon~or. ~,6.4 Nei~er ~e Owner nor .~it~ s~ We m obli~non exc~( = may ome~me be mq~ed by ~.~.5 Payment to mate~ supp~e~ s~ be mt~ ~ a intoner s~ to t~r provided ~ Subpm~p~ 9.6.2.9.6.3 md 9.6.*. g.6.~ A Cemfimre for Pa~enr. a p~ pasment, or pam~ or entire me or eccapm~ of ~e Pmiect by the Owner shall ~.7 FAILURE OF PA~T 9.7.1 If ~e .~chir~r do~ not ~u¢ 2 C~fi~[¢ for Paymem. r~ep~ of ~e Commctor'~ Applim~ion for Payment, or date ~tabl~h~ ~ ~e Commm ~mm me ~ount c¢r- cgi~ by ~e .~chk~ or 2~ by ~i~o~, men the Con- erector may. u~n ~vm ad~rio~ O~mer md .~ic~. stop ~¢ ~o~ ~ount owing ~ ~ ~v~ ¢~ded appmp~tdy md ~e ~n~cr Sum sh~ be m~ by ~e ~o~[ of ~e Conmmor'~ ~le cram of ~hut~om. deny md s~-up. ~hich pm~d~ ~ ~cle -. 9.8 SU~A~L ~MP~ON 9.8.1 Subsm~ Completion ~ ~e ~mg~ m ~e pmgr~s of the Wo~ when ~e Wo~ or d~i~t~ ~ the Owner ~ ~py or utfl~c ~e Work for i~ intended or co=~teO. ~,e Contm~or s~ p~ promp[ty to com- m~m. Upon ~=p~ o~ ~e Conm~or'~ ~r. me .~cNttec[ will 1201-1987 17 hated pomon thereof ks tot sh~, before ~c¢ of ~c C¢~te of Subs~ Com- ~it~[. ~e Con~ctor s~ ~ ~bmit a ~u~t for ~o~er ~pe~on by ~e .~c~t~ to ~te~¢ Subs~ Completion. subsmt~y complete, ~e ~t~ ~ p~e a Ce~mte of Subs~ Compl~on whi~ s~ ~h ~e ~m of SuB- sm~ Complenon. ~e to ~ whi~ accompmymg ~e Ce~mte. W~d~ req~ by ~e ~a- Compleaon of o~e~e provid~ ~ ~e Cemfi~te of Subsm~ Comple- tion. ~e Cemfi~te of mi~t~ to the O~er md Con~or for ~x w~ accep- trace of r~ib~a~ ~i~ to mere 9.8.3 Upon Subsmntin4 Complehon of the Work or designated pordon thereof and upon applica~on by the Contractor and certification by the :trchkecL the Owner shall make payme_~t, reflecting adjusrmeot in remmage, if any, for such Work or por- tion thereof as provided, in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or t'mlly completed gordon of the Work at any stage when such pomon i.s demignamd by separate agreement v, qr.h the Contrac- tor, provided such occupanQ, or use ks cortseoted to by the irmurer as required, under Subpmmgmph 11.3.11 mad authorized by public authooues having jtm-Sdicr, ion over thc Work. Such partml occupancy or use may commence whether or not thc pordon ts subsmntmlly complete, provided thc Owner and Contractor have accepted in wridng thc rmponsthilir,es assigno:l to emch of them for payments, rctamage if any. secu- rity, rrmmtemmco, hint. utilities, damage to thc Work and insur- ance. and have ~ in wn~ing conCerning the period for cor- rection of the Work and commencement of required by the Conn'-act Documents. When the Contractor considers a pordon subsmntimliy complete, the Con~"a~or shall pretra~ and submit a list to the .~'chitect as provided under Subparagraph 9.8.2. Corksem of the Coon-actor to partial occu- pancy or use shall not be ura'easonubly wir21hetd. The stage of the progress of the Work shmU be de[ermined by wri=en agree- ment bet~veen the Owner and Conmac~or or. if no agreement ts reached, by dectsion of the Architect. 9.9.2 Lrm'ned. iately prior to such partml occupant,! or use. the Owner. Contractor and ,-~'chitec~ shall joindy inspen[ the area to be occupied or pomon of the Work to be used in order ro determmc and record the condinon of the Work. 9.9.3 Units other'wise agreed upon. pardal occupancy or ,.me ora port/on or pomons of thc Work shaft not consutute accep- tance of Work not complying with the requirmments of the Contract Documents. 9.10 ~INAL COMpI. E'rlON AND FINAL pAYMENT for final mSpeo, aon and =ccepm--qce md upon recmpt of a fin.-zi Appli~.tion for Payrneot. the A.,'chitec: will promptly make formed, the Mchicec[ will prompdy tssue a firml Ccmflcare for Payment stating d'mt to the best of the .&rchirect's knowledge, have been fiflfgled. g.10,2 Neidaer final payment nor any remaimng mt=ned percentage shoJi become due tmtil the Contractor submits to the Architect (I) an affidavit d'mt payroll.s, bills for mate. n:zLs and equipment, ind other thdebtednexs cormec:ed ~th the Work · for which the O~rner or the Owner's property, might be r~ponsible or encumbered (less remounts w~thhe!d by Owner) have been paid or other~ase satisfied. (2} a cemfimte evid~qc- in8 that irusumnee required by the Contm~ Documents to r'mmmn m force a~er firml payment is currendy in effec~ and will not be canceJlcd or allowed to expire tmtfl at least 30 days' poor written nonce h~s beem gwen to the Owner. (3) a wnt~eo sm~emem d'mt the Contractor knows of no substantial r~son that the h'-JurJ, nce wilI not be mew'able to cover the period required by the Concm~ Doc. u-neots. (4) consent of surety,, il= any, to final payment and (5). if required by the Owner. other dam esmb(ishing payment or saUs~c'don of obli~rions, such as r~.v. pts. releuses and wmvers o~ am'ts, dmi'n.s, secun~' interests oFencumbrances arising out of thc Contract. ~o the e=ent and in such form ms may be desi~m-mted by the O~'ner. [fa Subcon- tractor re.,%ses to furmsh a rely.se or waiver required by the Owner, the Contractor may furmsh = bond samfac:or'y tO the Owner to indern.mfv the Ox~mer against such tieo. If such lien sdail retired to the Ow-ncr ~ money that the Owner may be com?Jled to pay in disc. harm8 such lien. including =il costs and ,q=sormble a=omeys' fees. 9.10.3 If. :fi[er Substan0.mi Completion of the Work. ~ com- plenOn thereof ts co~md.~y d me!ayed through no fault of the Conmac~or or by isstmnce of Chunse Orders ~ffeCtmg final coms~le~on, and the Azc. hitec~ so confirms, the Owner shall, upOh appliC:mon by the Contractor and cerutlc:~on by the :~Jtect, :md without termL,~ang th.e CoflcmcL m~e paymeot of the b'~L'~ce doe for that port. ion of the Work iLdly completed and accepted, ff the ~emaining ba.L~ce for Work not fi~ly com- pleted, or corroded ts less fi'tan ret=u~,=ge stipulated in the Con- tract Doom~ents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- non of the Work Bally completed, and accepted shall be submit- ted. by the Contractor to the Architec~ poor to cemtic2don of such payment. Such payment shall be made under ~erms and conditions governing fin~ payment, exempt [hat it shall hoe consnmte = wmver of clmms. 7he m:WJn$ of .Final pay'merit sh~ml consomte a waivlr of +c!mrns ~v the Owner .os provided in Sub- pm'-.,g~ph 4.3.5. 9.10.4 Accepmmee of final parma-mt by die Conr-r~ctor. a Sub- cLrm"ns by '2mt pave'e except those previously rrmde in writing md idenotied by r.~'~t p2yee as m'ts~tled at the :h~,e of final Applic:mon for Dayment Such w.mve.~ stm. U be in addition ro the w;uver ~eo in SuD~h -*.3.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SA~-~ Y pRECAUTiONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, mam- t~ing and ~upecvising zll s=fcty prerau[inns ;md prograns in connection with Lhe performance of the Contract. 10.1.2 In the event the Contractor encounters on the site materi~ reasonably believed to be asbestos or polydlloanated bipbenyi (PCB) which has not been r~dered harmless, the Contractor sh~ immecliatety stop Work in the area ~fected and repor~ the condition to the Owner ;md Architect in writing. The Work in the affected area shall not thereafter be re$umed except by wrinen agreement of the Owner ;md Contractor if in fact the mareriM is asbestos or polychlorinared biphenyl (PCB) ;md has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlon- hated biphenyl (PCIa), or when it h~ been tendered harmless, hy written ag.reement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. I 0.1.3 The Contractor shall not be required pursuant to ,4.rticle 7 to perform ~-ithout conf~nt arty Work relating to asbestos or pdiychk)rinatcd biphenyl (PCB). 10.1.4 To the f~llest extent permitted by aw, the Owner sh.~J! indemnify and hold han-nless the Contractor, Architect, ..Lrchi- tect's cotmsuJtants ;md agents ;md empk)ye~ of any of them from and agmost claims, cLamages, losses :md expertses, includ- ing but not limited to attorneys' fees, an.sing out (flor resulting from perforrm;mce of'the Work in the affected area if in fact the material Ls =bestos or polychlodnated biphenyi (PCB) ;md not been rendered harmless, provided that such claim, damage, loss or expense ts aJtributable to bodily iniury, sickness. or death, or to injury to or destruction of tangible property (other than the Work itse!D including loss of use resulting therefrom, but only ti) the extent caused in whole or in part by negligent acts or omissious of the Owne. z. anyone direcdy or indirecdy empk)yed by the Owner or ;m}'one for who~e acts the Owlaer may be liable, regardless of whether or not such claim, damage. Ions or expense is ~.-aused in part by a party indemnified hereunder, Such obligation shaJl not be construed to negate, abndge, or reduce other dgiats or obligations of indemnity which would otherwise exist ss to a pat~y or person de'scrib<d th this Subparagraph I O. 1, 10.2 SAFETY OF PERSONS ANO PROPERTY 10,2.1 The Contractor shaJI take reasonable peer. moons tbr safety of, and ~hall provide reasonable protection to prevent damage, inju~- or loss to: ,1 employees on the Work ;md 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, cLtstody or control of the Contractor or the Contractor's SubcontraCtOrs or Sub-subcontrac- ,3 other property at the site Or adiacent thereto, such as trees, shrubs, lawns, walks, pavements, mad'ways. structu.-~ and utilit~s not designated for removal reto- c~non or repSacement in the coupe of consw.:Ct~n. 10.2.2 The Contractor shall give notices ;md comply with applicable laws. ordinances, rtl[es, regulations and lawf'dl orders of public authorities beanng on safety/of'persons or property or their protection from damage, injury or loss. 10.').3 The Contractor shall erect and mamta~, as required by extsting conditions and performance of the Contract, reason- able safeguards for safety ;md protection, including posting danger signs and other warnings against hazards, prom~gating safety regulations ;md notifying owners ;md user5 of adjacent sites and utilities. 10.2.4 When use or storage of explosive~ or other hazardotts material.s or equipment or unusual methods are neceasary for execution of the Work, the Contractor shall c.xescise utmost care and carry', on such activines under supervision of properly qualified personnel 10.2.5 The Contractor shall prompdy remedy damage ;md loss (other than damage or loss in~ured under property insurance required by the Contract Documents) to property, referred to in ClauSes I0.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or ;myone directly or indirecdy employed by ;my of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses I0~2.1.2 and 10.2. l.3, except darnage or loss attributable to acts or omissions of the Owner or Architect or anyone dicectty or fiadirectly enlployed 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 obflgations of the Contractor are in addition to the Contractor's obfigations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the O~,-ner and Architect. 10.2.T' The Contractor shall not toad or percm[ any par[ of the construction or site to be loaded so as to endanger its safety. 10.3 10.3.1 in an emergency affectLng safety, Of persons or property, the Contractor shall act. at the Contractor's clLsc~tion, to pre- vent threatened 'damage. iniury or {o~. Additional compensa- tion DC extension of time claimed by the Contractor on account of an emergency shall be determined ~ provided in Paragraph '~.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S UABIUTY INSURANCE 11.1.1 The Contractor shall purchase from ;md maintain in a comp;my or companies lawfully authorized to do business in the jur~diction in which the Project is located such insurance as will protect the Contractor from clmm.s set forda below which may :rose out of or result from the Contractor's operations under the Contract and for which the £onLractor may be legally liable, whether such operations be Dy the Contractor or by a Subcontractor or by ;myone directJy or indirecdy employed by ;my of them, or by ;myone for whose acts ;my of them may bc liable: .1 'claims under workers' or workmen's compensation. ~ty benefit and othes ~ ~nptoyee la<ne, fit acts which ace applicable to the Wonk to be perfomaed: .2 claims for cL~.ma~es because of bodily mlury, occupa- tional sickness or disease, or death of the Com~ctor's employees; .3 dawns for damages because of bodily injury, sickness or disease, or death of any person other than the Con- t factor's employees; .4 dawns for damages insured by usual personal injury liability coverage which ~r¢ sustained (1) by a person employment of such person by the Contractor, or (2) by another'person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop err.v, including loss of use resulting ther~frnm: .6 claims for danmgcs because of bocilly injury, death of a person or property, damage arising out of owner- .? claims involving contractual [lability insurance appli- cable to the Contractor's obligations under paragraph 5.18. 11.1.2 The insurance required by Subparagraph l t. I. l shall be wretch for not lexs than limits of li~hilky specified in the Con- cl'~-mad¢ bzsis, shall be maintained without interruption from date of commencement or' the Work until date of £mal rained after final paymcm. 11.1.3 Certificates of lr~unmce acceptable to thc Owner shall These Certificates and the insur'znce policies required by this Paragraph 11.I shall contain a provision that covem§es :ffforded under the poilcics will not be cancelled or allowed to expire until at least 30 days' prior written notice hms been given ably avmlabl¢, an additional certificate eYJdencJng cominu.~don or' such coverage shall be submitted with the ~ Application r'or Payment ms required by Subparagraph 9.10.2. Information concerning r~duction of coverage slmll be fiJrnisbed by the Contractor with reasonable prnmpmcss in accordmce with the Contractor's information and belief. 11.2 OWNER'S !.lABILITY IHSURANC~ 11.2.1 The Owner sl~ll pe ~ponsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Ownes may purchase :md maintain other insurance ~or self- prot¢cnon aF, mr~t claims which may ark~ from operations for purchasing and mmntalning this optional Owner's liability 11.3 PROPERTY INSURANCE 11.3.1 Unless otheswis¢ provided, the Owner shall purch~¢ unrary deductible. Such property insurance shall be main- or other~i~ agre=d in writing by -all persons and entities who are beneficiarius of such insurance, until final [raymcnt -h~ b~-~n made ~ provided in para~ph 9. i0 or un~l no I:~'son or entity other than the Owner has an insurable interest in the property required by' this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.~.1.1 Property insurance shall be on an all-risk policy, form and shall insure agmnst the perds of fure and extended coverage and physical loss or damage including, without duplication of coverage, theft, vancbli~m, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's service~ and expenses required ss a result of such insured loss. Coverage for other perLis shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purch=e such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall s~ inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontracto~ in the Work, and by appropriate Change Order the co~t thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or negJect of the Owner to put- ch~e or rnamtaln insurance as described above, without so notifying the Contractor, then the Owner shall be-~ all reason- able costs properly attributable thereto. 11.:3.1.3 If the property insucance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles, if the Owner or insurer increases the required minimum deductible~ above the ~aounts so identified or if the Owner elects to purchase this insurance with volumary deduc- tible a.m~unts, the Owner shall be responsible for payment of the additional costs not covered because of Such incre-J.sed or voIuntary deductibles. If deductibles ace not identified in the Contract Documents. the Owner shall pay costs not covered because of deductibles. 11.a.1.4 Unless otherwise provided in the Contract Docu- rnents, this property insurance shall cover pO[lions of the Work stored off the site :filer written appruval of the Owner at the value established in the approval, and a~o pon:ions of the Work in transit. 11~;2 Boiler and Machinery insurance. Thc Ownes shall put'chase and maintain bdiler and machineD' insurance required by the Contract Documents or by lax,.-, which shall specifically cover such insured objects dudng installation and until final acceptance by the Owner: this insur'ance'shall include interests of tile Owner, Contractor, Subcontractors and Sub- shall be named insured~. 11.3.:] loss of Use InslJrance. The Owner, at [he Owner's 11.3.4 If the Contractor requests in writing that insurance (or rLsk5 other than those described herein or for other special baz- ard.s be included in the property, insurmace l:x>licy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.3.5 If during the Project construction period the Owner insures properties, re-al or personal or both, adjoining or adja- cent to the site by property ir~urmlce under policies setyamte from those insuring the Projetx, or if ;fflet final payment prop- erty insurance is to be provided on the completed Project through a pollcw, or policies other than those irtsUrmg the Proj- ect during the construction period, the Owner shall waive all fights in accordance with the terms of Subparagraph l i .3.7 for .damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this w:aver of subrogation by endorsement or otherwtse. 11.3.6 Before an exposure to loss may occur, the Ow0.er shall File with the Contractor a copy of each policy, that indudes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Proiect. Each policy shall contain a provision that the policy, will not be cancelled or allowed to expire until at lexst 30 days' prior writ- 11.3.7 Waivers of Subrogation. The Owner and Contmcror wave all rights against (I) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors deSCribed in Article 6, if any, and any of their sub- contractors, sub-sul~:onsractors, agents and employees, for drainages caused by fire or other perils to the extent covered by property insurance obt;Kned pursuant to this Paragraph ! 1.3 or other property insurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor. as appropriate. shaft require of the Architect. Architect's consultants, separate contractors described in Article 6, if any, and the sut:~zontmc- tots. sub-subcontractors, agents and employees of any of them. by appropriate agreements, written where legally required for validity, similar waivers each in Payor of other parties enum- erated herein. The policies shaft provide such waivers of Subro- gation by endorsement or otherwise. A waiver of Subrogation shall be effective as to a person or entity even though ti'mt per- son or entity, would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurmlce premium directly or indirectly, md whether or not the person or entity had an insurable interest in the property, dmmaged. 11.3.8 A loss insured under Owner's property insurance shall be adiusted by the Owner as fiduciary, and made payable to the Owner as fiduciary for the insurers, as their interests ma), appem-, subiect to requirements of any applicable mortgagee clause and of Sutipamgraph I 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received By thc Contractor, and by appropriate agreements, written *,'here legally required for vaiiOity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner m5 fiduciary shall, upon o~currence of an insured loss, g~ve bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceects received as fiduC'mry. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall dismbote in accor- dance with such agreement as the pintoes in interest may reach. or in accordance w~th an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, mplacemens of dam- agent property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary, shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall Oblect in writing within five days after occurrence of loss to the Owner's exerc~e of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy, or u~e in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property, insurance have consented to such partial occupancy, or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take fid action with respect to pa~iai occupancy or use that would cause cancellation, Lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4,1 The Owner shall have the right to require the Contrac- tor to furnish bonds cqvermg faithful performance of the Con- tract and payment of obligations ar~ing thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the dare of execution of the Contract. 11.4,.2 Upon the request of any person or entity appearing to be a potential beneficm'T of bonds covering payment of obliga- tions arising under the Contract. the Contractor shall promptly furmsh 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 thc Architect's request or to requirement~ specifically expressed in the Contract Doouments, it mu.st, if required in writing by the Architect. be uncovered tbr the Architect's otise~'arion 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 thc Architect has not specifically requested to observe prior to irs being covered, the Az'cfutect may request rd set such Work and it shall be uncovered by the Contractor, If such Work is in accordance with the Contract Documents. costs of uncover- ing and replacement shall, by appropriate Change Order. be charged to the Owner. If such Work is not in accordance with the Contract Documents. the Contractor shall pa)' such costs unless the condition w~.s cattsed by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the 3xchirect or failing to conform to the requirements ot the Contract [N)cuments, whether observed bell)re or after SubstantLM Completion and whether or not fabricated, installed or completed. Thc Contractor shall hear costs of correcting such reiected Work, including additional testing and inspec- uons and compensation for th;: Architect's services and e.xp~ made necessary thereby. 12A~2 tr. within one year al~er the date Of Suhatantial Comple- tion of the Work or designated portion thereo£ or aider the date for commencement of warr-~ties established under Sub- paragraph 9.9.1, or by terms of an applicable special warrant3, required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Doctmaents, the Conwactor 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 shaft be ex~ended with respect to portions of Work first performed aRet Substantial Completion by the period of time between Substan- dal 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 termU~non of the Contract. The Owner shi~l give such notice prompdy after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a re:zsonable time, the Owner may correct it in accor- dunce with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days aRer written notice, the Owner may upon ten adciitional days' written notice sell such materials and equipment at auction or at private sale :md shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Cee, tractor, including cothpeusation for the :krchirect's services :md 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 thereat~er due thc Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged coustruction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- 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 the time within which the obligation to comply with the Contract Documents may be sought to be enforced. nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents. the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such ad{~stment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shaft be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, thmr partners, successors, assigns and legal representa- tives to the other party hereto and to parmets, 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 shaft nevertheless remain legally responsible for all obligations under the Contract. 13,3 WRi ~ ~ mi{ NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it wa5 intended, or if delivered at or sent by regtstered or certified ma/l [o the last business addre~ known to the part)- giving notice. 13.4 RIGHTS ANn REMEDIES 13,4.1 Duties and obiigatious imposed by the Contract Docu- thents and tights and remedies available thereunder shaft be m addition to and not a iimiration of duties, obligations, rights and remedies otherwise imposed or avmlable by law 13.4.2 No action or failure to ac[ by the Owner. Architect or Contractor shall cortstimte a waiver nf 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 speeiflcally agreed in writing. 13.5 TESTS ANO INSPECTIONS 13.5.1 Tests. inspections and approvals of portinus of the Wql'k required by the Contract Documents or by 'laws. ordi- nates, rules, regulations or orders of public authorities having juhsdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall mare arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner. or with the appropriate public authority, and shall bear all related costs of tests, inspeCtlous and approvals. The Contractor shall give the Architect timely notice of when and ,;,,-here tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shaft bear costs of tests, inspections or approvals which do not become requtrements until after bids are received or negonatious concluded. la.5.2 If the Architect. Owner or public authorities having jurisdiction determine that portions of the Work require addi- tiorral testing, inspection or approval not included under Sub- paragraph 13.5.1, the .M-chitect will. upon written authoriz:ltion from the Owner, instruct the Contractor to mare arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner. and the Contractor shall give m'neiy notice to the Architect nf when and where tests and inspecuons are to be made so the .~dlitect may observe such procedures. The Owner shaft bcmr such costs except as provided ua Sub~ paragraph 13.5.3. 13.$.a If such procedures for testing, inspection or approval under Subparagraph~ 13.5,1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Dooaments, the Contractor shall bear afl costs made necessm'y by such failure including those of repeated procedure= and compensation for the Architect's services and 13.5.4 Required certificates of testing, in.sPecuon or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.$,5 If the Architect is to observe tests, inspections or approval~ required by the Contract Documents, the Mchitect will do so promptly and, where practicable, at the normal place of testing. 13.5.~ Te~ts or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shaft bear interest from the date payment is due at such rate ~ the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to tame at ~he place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13,7.1 ,4 between the Owner and Contractor: .1 Before SubstantiaiCompletion. As toactsor f~ures to act occurring pdor to the relevant date of Substan- tial Completion. any applicable statute of lira:rations shall commence to oan and any afleged cause of action shall be deemed to have accrued in any and afl events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. A5 to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the firlal Certifi- cate for Payment, any applicable statute of limitations shaft commence to mn and any alleged cause of action shaLl be detemed to have accrued in any md ',il events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. ,~ to acts or fmlures to act occurring after the relevant date of is.sa- ante of the final Certificate for Payment, an)' appli- cable statute of lirnitatinns shall commence to run and any alleged CaUSe of actinn 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 wasrarlty provided under Paragraph 3.5, the date of any correction of the Work or failure to correcz the Work by the Contractor under Paragraph 12.2. or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner. whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may temainate the Contract ff the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Sub(:onttactor, Sub-subcontractor ur their agents or employees or any other persons performing portinns of the Work under contract with the Contractor, for any of the following reasons: .1 issnance o f an order of a court of other public author- ity having jurtsdiction; .2 an act of government, such as a declaration of national emergency',, making material unavailable; .3 becatme the Architect has not issued a Certificate for payment and has not notified the Contractor of thc' rea$on for withholding cm'xAfication as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time seated in the Contract Documents; .4 ff repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled fiat' comp{etlon, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furn~h to the Contractor prompdy, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2. If one of the above reasons e.xists, the Contractor may, upon seven additional days' written notice to the Owner and :'u'chitect, 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 employe.~ 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 ob{igations under the Contract IN)cuments with respect to matters impor- tant to the progress of the Work. the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph l-~.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUS£ 14.2..1 The Owner may terminate the Contract. if the Contractor: .1 persistently or repeatedly reftei~ or fails to supply enough properly skilled workets ot proper materials: .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors: .3 persistently disregards laws. ordinances, or mits, reg- ulations or orders of a public authority having diction: or .4 otherwise is guilty of substantial breach of a provtston Of the Contract Documents, 14.2.2 When any of the above reasons ex:st, the Owner, upon cerr. Wamtion by the Architect that sufficien[ cause exists to ius- tlfy such action, may without prejudice to any other rigi'tts or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- mate employment of the Contractor and may, subie~ to any prior fights of the surety: .1 take possession of the site and of afl materials, equip- ment, tools, and construction equipment and machm- .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 t'unish the Work by whatever reasonable method the 14.'/.3 When the Owner termirmtes the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shaft not be entitled to receive further payment until thc Work is f'mished. ~4.':'.4 If the unpaid balance of the Contract Sum exceeds cosr.s of finishing the Work, including compensation for the Archi- excess shall Dc paid to the Contractor. If such costs exceed the unpaid balance, [he Contractor shall pay the difference to the Owner. The remount to be paid to the Contractor or Owner, ~s the ca.se may be. shall be cerdfled by the M-chitect, upon appii~ cation, acid this obligation for payment shall survive termina. tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in par~ for such period of time as the Owner may determine, 14.3A2 A.q adjustment shall be made for increases in the cost of performance or' the Contract. including profit on the increased cost of performance, caused by suspensintl, delay or in£errup- tiorL No adiustrnent shall be made to the extent: .1 that performance is. was or would have been so sus- pended, delayed or interrupted by al'to[her cause for which the Contractor is responsible: or .2 that aci equitable adjustment is rrmde or denied under another proviSion of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mumalIy agreed fixed or percentage 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 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1,1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. the 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. Restroom Facilities: G-1 .2 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and ComPleted Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury,, with Employment Exclusion deleted: $1,000,000 Aggregate. .3 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: Restroom Facilities: G-2 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) 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 (O'~ner/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. and any admittance or IN WITNESS WHEREOF, the' undersigned corporation has caused this agreement to be signed by its affixed and duly attested by and its corporate seal to be hereto day of ,19 __ its this Attest: Principal: Restroom Facilities: H~I PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES. at KLIPP PARK BEACH MANHANSETT AVENUE TOWN OF SOUTHOLD GREENPORT, NEWY(~K 11944 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. THE PREVAILING RATE SCHEDULE HAS BEEN ATTACHED HEREIN AND IS PART OF THE SPECIFICATION. Restroom Facilities: J-1 NEW YORK STA~ DEPARTMENT OF LABOR BUREA PUBLIC WORK STATE DFF~UILDING CAMPUS ALBANY'7'-, NY 12240 SCHEDULE 1999A Date 08/24/99 TOWN OF SOUTHOLD dAMES RICHTER TOWN HALL PO BOX t179 SOUTHOLO NY 11971 PRC 9906999 SUFFOLK COUNTY Location and Type of Project PROdECT ID #: NONE CONSTRUCT NEW RESTROOM FACILITY AT NORMAN KLIPP PARK, MANHASSETT AVENUE SUFFOLK COUNTY In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements For the above project, together with copies of the Notice of Contract Let (PW-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROdECT WHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article B of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the Department having jurisdiction. The attached rates are based on the latest information available to the Department OF Labor, Bureau of Public Work. Care should be taken to review the rates For obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. This schedule ts effective from duly 1, 1999 through dune 30, 2000. A new updated schedule will automatically be mailed to you each duly I until we are notified that the project is completed or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REOUIRES THE DEPT. OF dURISDICTIDN TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, 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 Public Work, Bldg. 12, Rm. 130 SOBC, Albany, NY 12240, ~ PROdECT HAS BEEN COMPLETED/CANCELED: Albany (518) 457-2744 Bfnghamton (607} 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-4878 New York City (212) 352-6088 Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 793-23t4 White Plains (914) 997-9507 PW-200 (6-9B) CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law 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) of the New York State Labor Law: (See Sections 220.3, 220,5) 3. It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of Workers mechanics and laborers 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) provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) its work force on any job under the registered program. Any employee who is not registered as above, shall be paid Journey level classification of work actually performed. as well as of the appropriate ratios and~wage and supplement apprentices on the contract work. (See'Section 220.3-e) (al relates. (See Section 220-e(a)) (b) disability, sex or national origin. (Se~ Section 220-e(b)) (c) provisions of the contract. (Section 220-e(c)) ATTENTION: ALL CONTRA~ AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK P~ IN NEW YORK STATE particular 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 where the work is performed. If a prevailing rate schedule fop the project has (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained Bureau of Public Work, Labor Department, Building No. 12, State Office Building PAYROLL RECORDS: Every contractor and subcontractor must keep originals or work, the following: 1. Name 2. Address and phone number 3. Social Security Number, 4, Supplements provided 7. Daily and weekly number of hours worked in each under the penalties of perjury which means a notorized signature to that the original payrolls or transcripts. affirmed as true under penalty of perjury, as provided by Article 8, Section 220, of the NYS Labor Law. The DEPARTMENT OF dURISDICTION shall receive and matntain such payroll records. The original payrolls and transcripts must be preserved for three years from the date of completion of the project. and accessible place on the site of the public work project. of the appropriate ratio. The allowable ratio of apprentices to journeymen in WITHHOLDING OF PAYMENTS: When a complaint is filed With the Commissioner of INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, DEBARMENT; When final determinations have bean made against a contractor or NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. PW-202 (4-95) docm: letterd VERIFYING THE REGISTRATION APPRENTICES The New York Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office All registered apprentices in New York State are individually registered by related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, dob Service and Training Division, Building 12, State Office BuildingCampus, Albany, New York 12240. All inquiries MUST include name and social security number and will De answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the The only conclusive proof 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 conclusive regiatration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. PW-203 (7-99) NEW YORK STATE DEP'~ ,: LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 TOWN OF $OUTHOLD Schedule Type COMPLETE 1999A Date 08/24/99 JAMES RICHTER TOWN HALL PO BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY AGY, OF JURIS, : TOWN NAT. OF PROJECT: NEW BUILDING Prevailing Rate Case No. 9906999 01 PROJECT ID #: NONE CONSTRUCT NEW RESTROOM FACILITY AT NORMAN KLIPP PARK, MANHASSETT AVENUE Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.22D.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingty, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder 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.) [-ILetter of Intent []Contract Signed []Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE ~(01) General Construction [-1{02) Heating/Ventilation I-'l(03) Electrical (04) Plumbing 11(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) B I~I{ General Construction ~1~{0therHeating/Ventilati°n Plumbing Signature [](03) Electrical Date .................................. Case Number .................................. 9906999 SUFFOLK 1999A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information ]isted be]ow 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 HOLIDAYS 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 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 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 fop 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 attention should be directed to the date above the column(s) of rates. This is WORKERS COMPENSATION ~ employees as required by the provisions of the New York State Workers' Compensation Law. Page 3 Prevailing Rate Schedule ................................ Case Number ......................... 9906999 SUFFOLK 1999A F G H d K L N 0 P S1 T U V HOLIDAYS PAID 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 e~ch classification contained in the attached schedule. The Holidays as listed below are to be p~id at the wage rates at which the employee is normally classified. None. 2 Labor Day. 3 Memorial Day and Labor Day. 4 Memorial Day and duly 4th. 5 Memorial Day, duly 4th, and Labor Day. 6 New Year's Day, Thanksgiving Day, and Christmas Day. 7 Lincoln's Birthday, Washington's Birthday, and Veterans Day. 8 Good Friday. 9 Lincoln's Birthday. 10 Washington's Birthday. 11 Columbus Day. 12 Election Day. Page · ' Prevailing Rjm~tSchedule New York Stateas~N Department .................................. C umber .................................. 9906999 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ 33.00 Boilermaker ( B-hour day ) ............. 34.95 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE for T-hour day. See ( D, 0 ) on OVERTIME PAGE For 8-hour day. HOLIDAYS: PAID: See ( 8, 18, 23, 24 ) on HOLIDAY PAGE. OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, at quadruple Pate. APPRENTICES: ( i/2 ) year terms at the following percentage OF journeyman's 1st 2nd 3rd 4th 60% 65% 70% 75% SUPPLEMENTAL BENEFITS: 5th 6th 7th 8th 80% 85% 90% 95% (per hour worked) $ 3.96 plus 47% of wage 4-5 CARPENTER WAGES(per hour) 7/0i/1999 Building: Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: PAID: OVERTIME: APPRENTICES: 55% 65% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 23.89 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 21.53 See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 11. 13. 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices See ( 5. 6, 11, 13, 16, 18. 19, 25 ) on HOLIDAY PAGE. ( I ) year terms at the Following percentage of dourneyman's wage. 3rd. 4th. 75% 95% 9-740 CARPENTER Page Preva111n9 Rate Schedule New York State Department of Labor ................................. Case NumDer ............................ 9906999 SUFFOLK 1999A PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) For 1st & 2nd yr. Apprentices OVERTIME: See ( B, 6, 10, 11, 13, 16. 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour paid) - See Below. 9-1456/D CARPENTER WAGES(per hour) Timberman ......... $ 7/01/1999 28.35 OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, i9 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16. 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, i3, 16, i8, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I year terms at the following percentage of dourneyman's , wage. 1st. 2nd. Std. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) ~ See Below. g-15B6H CARPENTER The following Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/1999 SUPPLEMENTAL BENEFITS:(peP hour paid) dourneyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Carpenter ............... $ 29.13 Heavy/Highway: Carpenter ............... $ 29.13 OVERTIME PAY: See ( B. E, O ) on OVERTIME PAGE. HOLIDAYS: Page · Prevai 1 ing Schedule ~ew York State Department .................................. Case Number .................................. 9906999 SUFF0LK 1999A OVERTIME: See ( 5, 6. 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folowing percentage of dourneyman's wage. 95% 45% 60% 8o% dourneyman $ 17.21 Appr 1st term 8.61 Appr 2nd term IO.O? Appr 3rd term 11.14 Appr 4th term i2.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician ............ $ 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 DEPARTMENT 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 4:30 P.M.to 12:30 A.M ..... $ 40. ig $ 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 on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE, year terms at the following percentage of Journeyman's 4th 5th 6th 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS: (percents based oR gross w.e~es-othePs per hour) 7/01/1999 4/29/2000 dourneyman 43.5% + 43.5% + $ 5.43** $ 5.43** App 1st yr 15% + 15% + $ 3.13'* $ 3.33** App 2nd yr 15% + 15% + $ 3.13.* $ 3.33** App 3rd yr 43.5% + 43.5% + $ 5.43** $ 5.43** ............................... Case Number .............................. 9906999 SUFFOLK 1999A 4-1049 l~ne ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, WAGES (per hour) 7/01/1999 Electrician $ 27.30 OVERTIME PAY: See ( B, 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 2nO 3rd 4th 5th 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.98 4-25m TREE TRIMMER - Line Clearance Specialist WAGES (per hour) ?/01/1999 01/03/2000 12/30/2000 01/06/2002 $ 19.02 $ 19.50 $ 19~99 $ 20.44 OVERT[ME:See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10. 11, 16, ) OD HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 9, 10. 11. 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) ~ $ 3.37 + $ 3.87+ $ 4.t2+ $ 4.37+ 12.5 % 12.5 % 12.5 % 12.5 % 4-1049 IRONWORKER WAGES(per hour) 7/01/1999 Case Number ........ J ......................... 9906999 SUFFOLK 1999A Chain Link Fence ....... 34.04 Guiderail Installation. 34.04 OVERTIME PAY: Bee ( A, D1, E*, Q, V ) on OVERTIME PAGE. PAID: See ( t ) 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. 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ i8.26 Appr 1st term i6.17 Appr 2nd term 16.43 Appr 3rd term t6.69 Appr 4th term t7.22 Appr 5th term 17.48 Appr 6th term t8.00 9-580 LABORER WAGES (per hour) 7/01/t999 Building Laborer: Except Abatement ...... For Abatement See Below $21.28 + $1.59 addit.(Allocation to be determined) OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Abatement Only: ................ $ 22.00 Supplemental Benefits ( per hour worked ) ............ $ 4.00 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shove]ePs, Roller Boys and Tampecs. Page 15 Prevailing Rate Schedule New York State Department of Labor ................................ Case Number 9906999 SUFFOLK 1999A WAGE~(per hour) 7/01/1999 Bricklayer .......... $ 81.73 OVERTIME PAY: See ( A, E. E2, O ) om OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, lO ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of dourneyman's wage. -- 1st 2nd 3rd 4th 5TH (500 Hns) 6TH (500 Hfs) 5O% 60% 70% 80% 9O% 95% SUPPLEMENTAL BENEFITS:(pep hour worked) dourneyman $ 15.46 Appr 8.28 9-1Brk MASON-Building Unit Pavinq Work* * Shall include but not limited to: fired Clay brick pavers, pre-cast COn- WAGES(per hour) 7/01/1999 8/01/1999 dourneyman .............. $ 23.72 Apprentice ( one year term ) .... 20.07 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) addit. .70/hr. dourneyman $ 10.76 Appr 5.98 PLASTERERS - SKIMCOATING 9-1 Paver WAGES(per hour) 7/01/1999 dourneyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE, ' Prevailing Schedule 'New York State Department 9906999 SUFFOLK 1999A APPRENTICES: wage. 5O% 60% 7O% SUPPLEMENTAL BENEFITS:(peP hour worked) 80% 90% 95% 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 ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year tePms at the following percentage of journeyman's wage. 1st 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) douPneyman $ 12.25 Appr 1st three months 0.00 All other Appr 12.25 9-202P MASON-Buildinq WAGES (per hour) 7/01/1999 Building: 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 ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ i3.85 Page 19 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ........................ 9906999 SUFFOLK i999A PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 5o% 6o% 7o% 8o% 90% 90% SUPPLEMENTAL'BENEFITS:(peP hour worked) $ 22.64 9-197 MASON - Buildinq WAGES(per hour) 7/01/1999 Building: i/01/gO00 34.88 DVERTIME PAY: See ( B. O, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8. 11. i5 ) on HOLIDAY PAGE, Plus any day roi]owing a Thursday or Sunday Holiday. A11 others See ( 1 ) on HOLIDAY PAGE. OVEETIME: See ( 5, 6, 8. 11. 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the fo]lowing percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 5o% 55% 65% 7o% 8~1o 95% SUPPLEMENTAL BENEFITS:(peP hour worked) ~ounneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Buildinq WAGES(pen hour) 7/01/1999 Math]e-Riggers, Crane & Derrickman...$ 27.72 lrl/2000 28.72 OVERTIME PAY: See ( C, O, v ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day for Labor Day, OVERTIME: See ( 5. 6, 8. 11, 15. 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Page , ' Prevail lng Schedule 'New York State Department ................................. Case Number .................................. 9906999 SUFFOLK 1999A 1st 2nd 3rd 4th 5th 40% 50% 65% 70% ?5% 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 9rd te~m 10.96 11.25 Appr 4th term 11.64 11.g5 Appr 5th term 12.02 12.53 *Sunday and Holiday Benefits paid at Double Time pate. PUMP & TANK WORK dourneyman ................. $ 28.50 Overtime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( I ) Overtime ( B, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the following percent of dourneyman,s rate. 1st 2nd 3¢d 4t~ 40% 50% 60% 70% Supplemental Benefits ; pep hour worked. dourneyman ................. $ 14.71 App. 1st yr ................... 6.06 App. 2nd yr ................... 7.37 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, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the fo]lowing percentage of dourneyman's wage. 1st. 2nd. 3rd, 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) Page 23 Prevailing Rate Schedule New York State Department of Labor ................................. Case Number 9906999 SUFFOLK 1999A APPRENTICES: ( 1st 2nd 3rd 4th 1 ) yeap terms at the roi]owing percentage of 3oupneyman,s wage. 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 4-154 SHEETMETAL WORKER WAGES (per hour) 07/01/1999 Sheetmetal Worker .... $ 31.89 OVERTIME PAY: See ( C, E2, O, v ) on OVERTIME PAGE. ( D, E2, D, V ) fop FAN MAINT.-DECKING & SIDING. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 12. 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ) year terms at the following percent of journeyman rate 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 19.91 Appr 1st term 5.53 Appr 2nd term 6.46 Appr 8rd term 7.31 Appr 4th term 8.32 Appr 5th term 9.41 Appr 6th term 11.85 Appr Tth term 13.18 ~ Appr 8th term 15.56 ~ 4-28 WELDER TEAMSTER-Buildin~ .................................. Case Number .................................. 9906999 SUFFOLK 1999A OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, tl, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of dourneyman's 35% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS: Appr 2nd yr Appr 3rd yr Appr 4th yr Appr 5th yr $ 4,62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 per hour worked + Employee share of Soc. Sec. $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked $ 115.00 per month 2.44 per hour paid + 2% of gross wage + 0.20 per hour worked + 115.C~) per month $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per hour worked $ B.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked $ 3.468 per hour paid plus 20% o¢ gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Strtpln~ Highway WAGES(per hour) Painter (Striping-Highway): 7/01/1999 Striping-Machine Operator ....... $ 21.67 Helper .................... 15.79 Lfnerman ....................... 24.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. Page 27 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ........................ 9906999 SUFFOLK 1999A SUPPLEMENTAL BENEFITS .(per hour paid) dourneymen $ 15.15 Apprentice 8.65 SURVEY CREW - Consulting Engineer CONSULTING ENGINEER SURVEY WAGES:(per hour) 7/01/1999 OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. SUPPLEMENTAL BENEFITS: (pen hour paid) dourneyman $ 9.55 Apprentice 6.T5 9-tSdconsult CORE DRILLING WAGES(per hour) i0/16/1998 i0/16/1999 Core Drilling: Driller .............. $ 22.23 addit. Helper ................ 18.72 $1.O0/hr,¢Allocation to be determined OVERTIME PAY: See ( B, E, K*, P, R** ) On OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE, Page Prevailing Schedule .................................. Case Number .................................. 9906999 SUFFOLK 199gA CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi-Mi×er, Pumps, Roller (Dirt), Vac-All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, We)ding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power gperated), Generator (Pile Work), Hydra Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/Double Class "E": Botching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal Up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. WAGES (per hour) 7/01/1999 Class " A " ............... $ 31.16. *Add $3.00 for Hazardous Waste Work *Add $2.00 For Hazardous Waste Work Class " C " ............... 28.36* *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 $ 1.00 350 $ 1.50 OVERT[ME PAY: See ( D, 0 ) on OVERT[ME PAGE. HOLIDAYS: OVERTIME: See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.** 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 POWER EQUIPMENT OPERATOR - Heavy/HiRhwa¥ HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Comcrete pump, Crane, Derrick, Dragline, Dredge, Gradal], Grader, Hoist Loading Machine (10 yds or mope), Milling Machine, Pile Driver, Power Winch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryal)-ScnapeP in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer,Track Alignment ............................... Case Number ............................ 9906999 SUFFOLK 1999A APPRENTICE ........ $15.89 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. Eng ........... Mate ................. Boat Captain ......... Class D: Deckhand ............. FiDeman, Oiler ....... Shoreman ............. Tug Boats: Class A: Tug Master ........... Tug Chief Engineer.,. Class C: lug Captain .......... Tug Engineer ......... Class D: Tug Deckhand ......... Dipper and Clamshell Dredges: Class A: OpePatoP ............. EngineeP ............. Class C: Maint. Engineer ....... Mate ................. Boat MasteD, Welder.. Boat Captain ......... Class D: Oiler ................ Deckhand ............. 7/01/1999 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 16.74 17,23 17,39 16,58 16.74 22.69 23.09 21.10 21.47 22.69 23.09 21.10 21.63 16.80 16.96 25.64 26.25 22.83 23.12 21.83 22.07 20.35 20.57 21.49 21.74 20.50 20.72 17.28 17.39 16.80 16.95 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8. 10. OVERTIME: See ( 5. 6. 8. 15 ) on HOLIDAY PAGE. t0, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. ~T~T E OF NEW YORK DII~TM ENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12- ROOM 136 ALBANY, NEWYORK 12240 ********** CORRECTION July 6, 1998 This correction applies to the following counties: Nassau I Suffolk ELECTRICIAN - Telephone and InteRrated Tel-Data Systems: (Please contact the Bureau's Nempstead District Office at (516) 485~1878 concerning the use of these rates.) WAGES (per hour) 4/25/98 to 4/30199 5/01199 to 4/28/2000 Joumeyman ....... $24.94 $25.69 Cable Puller ....... $8,42 $8.67 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ....... 39 1/2 % + .52 40% + .52 Cable Puller ....... 29% + ,52 29% + .52 NOTE: These rates do not apply to construction of new buildings or major renovation of an existing building, In those cases the inside construction or regular electrician rate applies. OVERTIME PAY: See (B, E, Q) on VACATION P~GE HOLIDAYS: Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE 4-25 Tel Telephone (518) 457-5589 · Page 1 FAX (518) 485-1870 STATE OF NEW YORK '. ';'~ii~ _ BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ STATE OFF~CE BUILDING CAMPUS ALBANY. NY 12240 REQUEST FOR WAGE AND SUPPI,EIKENT iNFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SUB MI~i~ED BY: [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM 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) 3. SEND REPLY TO (NAME AND ADDRESS): TELEPHONE: ( ) B. PROJECT PARTICULARS Project TITLE and/or description of work to be performed Include contract identification number, if applicable 7. Nature of Project - Check One [] 1. New Building [] 2. AdditiontoExistingStructure [] 3. Heavy and Highway Construction (New and Repair) 4. NewSe~NerorWaterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction. Maintenance. Repair or Alteration [] 7. Demolition [] 8~ Building Service Contract 2 [] N.Y. State Units Q01 DOT []02 OCS [] 03 DORMITORY AUTHORITY [] 04 STATE UNIVERSITY CONSTRUCTION FUND ~]05 MENTAL HYGIENE FACILITIES CORP [] 06 OTH ER NY STATE UNIT [] 07 City [] 08 Local School District []09 Special Local District,. e, Fire, Sewer. Water District [] 10 Village [] 11 Town [] 12 County [] 13 Other Non-NY State (Describe) 4. SERVICE REQUIRED Checkappropriateboxandprovideproject information [] New Schedule of Wages and Supplements. I APPROXIMATE 8lB DATE ] [] Additional Occupation and/or Redetermination PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY THIS PROJECT 6 Lo~ation of Project: Location on Site_ Route No/Street Address Village or City. Town Co~unty 8. ,(~CUPATION FOR PROJECT [] Construction (Building, Heavy [] Guards, Watchmen Highway/sewerNVater) [] Janitors. porters, cleaners [] Tunnelling [] Moving furnitureand [] Residential equipment [] Landscape Maintenance [] Trash and refuse removal [] Elevator maintenance [] Windowcleaners [] E~terminators, Fumigators [] Other (Describe) 9. Name and Title of Requester Signature OFFICE USE ONLY L~li~ Designations Locai~ Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS il I 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 even/provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national odgin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 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 ara maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contra~ As used in this certification, the term 'segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or ara in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from proposed subcontractors pdor to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Restroom Facilities: K-1 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 contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national 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 all qualified applicants will receive consideration for employment without regard to race, creed, color, or national odgin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and r~3ds required by Executive Order No. 11246 of September 24, 1965,'and by the ~ules, regdlations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Restroom Facilities: K-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of [_abor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided. however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) 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 pdme contractor or subcontractor (l) 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 pdme 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 pedorms construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the dateofthe award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the appliCant, on their own motions, may require a pdme 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 pdme 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, pdme contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Restroom Facilities: K-3 %12.805.4 Reports and Other, Required Information (b) Requirements for bidders or prospective contractors. (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 offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror falls to execute the represeniation, 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 cevedng the delinquent peded or such other pedod 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 pdor to the award of the contract or subcontract. When a~determination has been made to award the contract or subcontract to a specific J~Ontractor, such contractor shall be required, pdor to award, or after the award, or"ooth, 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. Restroom Facilities: K-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 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 otherwise entitled. The Grantee shall report ail 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 ~. hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no la~:~orer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Restroom Facilities: K-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. 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 wilt be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity', as supplemented in Deportment of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which~leclares that it does not discriminate on the basis of race, color, ra[igion, (~d, 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. Restroom Facilities: K-6 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 setting forth the substance of the provision of clauses "a." and "b." and such previsions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Restroom Facilities: L-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in who~e 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 manr~er that such provisions will be binding upon each subcontractor or vendor as t~ operations to be ped:ormed within jurisdictional local of the Project being contra;cted 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). Restroom Facilities: L-2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the demolition of the existing restroom facility. This will include the disconnection of all building utilities. All utilities, such as water service and septic waste lines shall be cut and capped as required for re-installation by the contractor to serve the new construction. All debris generated by this demolition work can be placed in a designated area of the Town Parking Lot for removal by the Town Highway Department. The work in this project also covers the construction of a new 12' x 20' one story restroom facility located at Klipp Park Beach, Manhansett Avenue, Greenport, New York, in full accordance with the contract documents. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of work. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. Suffolk County Water Authority Fees & Permits. B. All related building permits. END OF SECTION Restroom Facilities 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. Applicable codes or ordinances of local governing agencies. National Fire Protection Association (NFPA) New York Building Code 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION Restroom Facilities: 1080-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 .02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Restroom Facilities: 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal?, the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C.In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS ~ A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Restroom Facilities: 1600-1 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Restroom Facilities: 1600-2 DIVISION TVVO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 -SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 DEMOLITION: A. The existing restroom building shal~ be demolished and removed by the contractor. All water service and waste lines from the existing facility shall be capped for re-use by the new construction. The contractor shall be responsible for all connections to the existing utilities that are to remain. 3.03 DISPOSAL: A. All debris generated from the demolition of the existing facility shall be stockpiled in the Parking Lot in an approved location designated by the Town. This matedal shall be removed by Town Highway Personnell at no cost to the Contractor. B. Burning of material on the site will not~)e permitted. C. Removal of construction Debris: .~ 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. D. Dumping: 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Restroom facilities: 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material to be replace with controlled fill material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Restroom Facilities: 2200-1 Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal Of materials beyond indicated subgrade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill matedal at 95% maximum dry density. D. Building Slabs and Paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under Walks, use satisfactory excavated or borrow material. 2. Under Building Slabs, use satisfactory borrow material. 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between sucl~i points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debds shall be disposed of at the Southold Town T[ansfer Station at no cost to the Contractor. END OF SECTION Restroom Facilities: 2200-2 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related work Specified Elsewhere: 1. Masonry Accessories 2. Masonry 4150 4200 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACl 318 "Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air-Entraining Admixture: ANSl/ASTM 260. Restroom facilities: 3000-1 2.03 REINFORCING MATERIALS: A. Welded Wire Fabric: ANSI/ASTM A 185, Welded Wire Steel. Part 3- EXECUTION 301 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form-work to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slab to receive trowel finish. B. Trowel Finish: Apply trowel surface to all concrete slabs exposed to view. END OF SECTION Restroom Facilities: 3000-2 DIVISION FOUR - MASONRY All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work. B. Related Work Specified Elsewhere; 1. Masonry Accessories - 4150 2. Masonry - 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C 144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistence as can be necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re-tempered or used. C. Anti-freeze compounds and admixtures will not be permitted in mortar. END OF SECTION Restroom Facilities: 4100-1 DIVISION FOUR - MASONRY All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part I - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work. B. Related Work Specified Elsewhere: 1. Masonry Accessories 4150 2. Masonry 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C 144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: ~ A. Mix mortar in strict conformance with ~anufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistence as can be necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be m-tempered or used. C. Anti-freeze compounds and admixtures will not be permitted in mortar. END OF SECTION Restroom Facilities: 4100-1 Section 4150 - MASONRY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all Masonry Accessories. B. Related Work Specified Elsewhere: 1. Concrete 3000 2. Mortar 4100 3. Masonry 4200 1.02 QUALITY ASSURANCE: A. The following Manufacturers are acceptable: 1. Dur-O-Wall 2. National Wire Products Corporation. Part 2 - PRODUCTS 2.01 MATERIALS: A. Anchor Bolts, inserts, Etc. shall be as required by the work and as indicated on the drawings. B. Wall reinforcing at masonry walls shall be "Dur-O-Wall" or equal truss type with 3/16" diameter side rods and # 9 cross rods. Coating shall be ASTM A153 Class B hot dipped galvanized 1.50 ounce Zinc Coating. Prefabricated corners and tee's shall be used at intersecting walls and corners. Reinforcing shall be 1" less than nominal wall thickness. C. Provide compressible joint fillers at all control joints. D. Other Accessories shall be as indicated on drawings or as required. Part 3 - EXECUTION 3.01 INSTALLATION: A. All masonry accessories and reinforcing shall be installed as required or indicated on the Drawings. Care shall be taken when installing work not to damage or disturb the integrity of the masonry construction. END OF SECTION Restroom Facilities: 4150-1 Section 4200 - MASONRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete 3000 2. Mortar - 4100 3. Masonry Accessories 4150 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS -"CMU": A. All sizes and shapes shall be as required or indicated on the drawings. B. Hollow Load Bearing Units: ASTM C 90 C. All concrete units shall be fabricated with a light weight aggregate meeting ASTM C 331, and be cured by a single-stage high pressure steam autoclave at 365 degrees F at 150 PSl. Dry weight shall not exceed 84 # per Cubic Foot. 2.02 CLEANING AGENTS: A. Cleaning agent, when required, shall be "Sure Clean" or approved equal. Muriatic acid shall not be permitted. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural, plumbing and mechanical work in and around the masonry construction. Additionally, the Contractor shall take all necessary precautions to protect the masonry work from damage during construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints and provide a concave struck joint on all exposed CMU, unless otherwise indicated on the drawings. ~ B. Workmanship: All work shall be perf~'rmed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION Restroom Facilities: 4200-1 DIVISION FIVE - METALS All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all miscellaneous metals including, but not limited to the following: 1. Grab bar brackets. 2. Other miscellaneous metals as indicated or required. B. Related Work Specified Elsewhere: 1. Rough Carpentry 6100 2. Finish Carpentry 6200 3. Toilet & Specialty Accessories - 10800 Part 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts & Bolts - ASTM A 325 C. Anchor Bolts - ASTM A 307 D. Machine screws ~ Fed. Spec. FF-S-92 E. Galvanizing - Hot-dip galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT-P-86a, Type II. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work in not definitely shown or specified, shall be included in this specification. Restroom Facilities: 5500-1 3.02 The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors,sockets,fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION Restroom Facilities: 5500-2 DIVISION SIX-WOOD & PLASTIC All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100 - ROUGH CARPENTRY Part I - GENERAL 1.01 DESCRIPTION: A. Provide all Structural, Non-structural, and miscellaneous wood framing, including, but not limited to the fo. llowing: 1. Wood Roof Rafters. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathing and building papers. 4. All fasteners, mails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals 5500 2. Toilet & Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, Class, identification index, and inspection agency mark. Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln-dried to 15 percent maximum moisture content and be finished four side (S4S). Restroom Facilities: 6100-1 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Pressure Treated Lumber. 3. Blocking, furring, grounds and nailers shall be grade #2, Southern Yellow Pine. No grade #3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Pressure Treated Lumber. Plywood: 1. Roof sheathing: Standard with exterior glue - ½" thickness. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, backup, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim that shall be constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION Restroom Facilities: 6100-2 DIVISION SEVEN - THERMAL AND MOISTURE PROTECTION All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The roofing contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2- PRODUCTS- NOT USED Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on the drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on the drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. Restroom Facilities: 7500-1 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION Restroom Facilities: 7500-2 DIVISION EIGHT ~ DOORS AND WINDOWS All work in this division shall comply with all particulars of the General Conditions. · Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - DOORS Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal, doors and flames where indicated or required. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 2. Finish Hardware - 8700 1.02 STORAGE & HANDLING: A. It is the responsibility of the Contractor to adequately store and protect door materials from damage caused by inclement weather conditions and construction in progress. 1.03 QUALITY ASSURANCE: A. Manufacturer: Hollow metal work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3, Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rest-inhibiting metal primer. D. Frames: 1. Extedor frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. Restroom Facilities: 8100-1 Metal Doors: shall be 18 gauge flush type. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. Part 3 - EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Install all doom and related hardware in a workmanlike manner. All work shall be performed by experienced, skilled tradesmen and subject to final acceptance by the Architect. Clearance at head and jambs shall not exceed 1/8 inch, and clearance at sills shall not exceed 1/4 inch. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions.,~'; B. Hang door plumb and level and adjustroperable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, "touch up areas", where prime coat has been damaged, shall be sanded smooth and touched up with same primer as applied at shop. All rest shall be removed before above specified touch up is applied. END OF SECTION Restroom Facilities: 8100 - 2 Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors. B. Related Work Specified Elsewhere: 1. Metal Doors & Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko Part 2 ~ PRODUCT~ 2.01 MATERIALS: A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the Contractors responsibility to provide all necessary or additional hardware as required to accommodate the construction as shown. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or required modification to suit or fit the designated location, the contractor shall promptly seek the correction of modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The contractor shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, back check devices on closer or roller stops, as approved by the Architect in lieu of stops scheduled. C. The contractor shall be fully responsible for checking all details such as clearances, bevels, rabbets, backsets, popper type strike plates, length of spindles hands of locks, etc., in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Restroom Facilities: 8700- 1 2.02 KEYING: A. All locks shall be keyed and master keyed as directed by the Architect. B. Provide three (3) keys for each lock, three (3) keys for master. Part 3- EXECUTION 3.01 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.02 HARDWARE SCHEDULE: A. Manufacturers catalog numbers specified herein are for the purpose of establiShing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin 3. Dead Bolt - Russwin 4. Closers - Russwin 5. Miscellaneous - Ives HARDWARE SETS: Each Door to 1 -1/2 I Each I Each 1 Each 1 Each 1 Each have: (Typical at three locations) Pair Butts Exterior Hasp & Padlock Closer Stop Passage Set Interior Dead Bolt (Key at exterior) END OF SECTION Restroom Facilities: 8700 - 2 DIVISION NINE - FINISHES All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits c. All T-111 plywood gable ends d. All wood fascia & trim e. Hollow Metal Frames & Doors f. Exposed Concrete Masonry Units 2. Interior: a. Exposed gypsum drywall ceilings b. Hollow Metal Frames & Doors c. Exposed ferrous and galvanized metal d. Exposed Concrete Masonry Units 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 3. Benjamin Moore 2. PPG (Pittsburgh Paints) 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the pdmary intent that each paint material and finishing matedal be the best of its respective kind as related to the item and surface to which it is applied. Except as otherwise specified, Paint products shall be those of one manufacturer, premixed, ready for application. Do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. Restroom Facilities: 9900-1 2.02 2.03 2.04 EXTERIOR PAINTING: A. Ferrous Metal: 1 Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: 1 Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Speedenamel C. Wood Screen Framing, T-111 Plywood, Soffit & Trim 1 Coat - Glidden Spread Prime Coat 3651 2 Coats - Glidden Spread House Paint 3600 Series D. Concrete Masonry Unit Wall Surfaces: I Coat - Glidden Spread Prime Coat for exterior masonry. 2 Coats - Glidden Spread House Paint 3600 Series INTERIOR PAINTING: A. Gypsum Drywall Ceilings I Coat - Glidden Spread PrimedSealer 2 Coats - Glidden Spread Satin Semi-Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Day-Lite Eggshell. Enamel or Spread Luster Semi-Gloss Enamel as selected by the Architect. C. Galvanized Metal: 1 Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Luster Semi-Gloss Enamel as selected by the Architect. D. Concrete Masonry Unit Wall Surfaces: 1 Coat - Glidden Ultra-Hide Acrylic Latex Block Filler 2 Coats - Glidden Spread Luster Semi-Gloss OTHER SURFACES: A Should painting requirements include additional surfaces not included in the foregoing lists of intedor and exterior paint, the Architect shall determine the type paint necessary, with not less than two field coats required in any such instance. Restroom Facilities: 9900-2 Part 3 - EXECUTION 3.01 PREPARATION: A The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the general contractor prior to commencement of the work and thereafter painting contractor shall be fully responsible for satisfactory work as required herein. B. The contractor shall thoroughly examine the construction documents and premises to determine the full extent of the work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B: Remove and protect hardware, accessories, device plates, factory finished work and similar items or provide ample in place protection. Upon completion of each space, carefully replace all removed items. C. The contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire orfire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint spots from the floors and other surfaces and shall leave his part of the work in clean, orderly and acceptable condition. END OF SECTION Restroom Facilities: 9900~3 DIVISION TEN - SPECIALTIES All work in this division shall comply with all particulars of the Genera[ Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Rough Carpentry - 6100 3. Finish Carpentry - 6200 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1. Miami-Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all nece,~sary and additional accessories as required. Such items shall be of the sa'me type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shop drawings in the locations indicated on the drawings or as directed by the Architect. Restroom Facilities: 10800-1 3.02 After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the owner. SCHEDULE: A. Specialty Accessories specified herein for the purpose of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, Provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1. MEN'S TOILET: I Ea. Toilet paper holder I Ea. Grab Bar I Ea. Soap Dispenser 1 Ea. Paper Towel Dispenser & Disposal Unit 2. WOMEN'S TOILET: 1 Ea. Toilet paper holder I Ea. Grab Bar 1 Ea. Feminine Napkin Disposal Unit 1 Ea. Soap Dispenser I Ea. Paper Towel Dispenser & Disposal Unit END OF SECTION Restroom Facilities: 10800-2 DIVISION FIFTEEN - MECHANICAL All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 15100 - PLUMBING Part I - GENERAL 1.01 DESCRIPTION: A. The Contractor shall provide a complete working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and Basic Plumbing Code and all Local Ordinances at the Contractor's expense. B. The Water Closet, Lavatory, hardware and all related bathroom accessories shall be handicapped accessible and meet the minimum requirements listed in the ANSI Standards, Latest Edition. C. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information and al! applicable codes, standards and good accepted engineering practices. D. The Contractor shall be responsible for all connections to the existing Curb Stop and Water Main. Coordinate all service installation and meter pit requirements with the Suffolk County Water Authority and the Town of Southold. 1.02 COORDINATION: A. The Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION Restroom Facilities: 15100-1 THE MOUNTBATTEN SURETY COMPANY, INC. BID BOND KNOW ALL MEN BY THESE PRESENTS that we Construction Consultants/L.I. Inc 125A Broadway Port Jefferson, New York 11777 as Principal, hereinafter called the Principal, and THE MOUNTBATTEN SURETY COMPANY, INC. OF PENNSYLVANIA, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto Town of Southoid Manhasset Avenue Greenport, New York 11944 as Obligee, hareinaf~er called Obligee, in the sum of five percent of amount bid Dollars ( ), or ( 5% %) percent of the amount bid, whichever is less, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ottrselves, our heirs, executors, administrators, successors and assigns, jointly and severally, furmly by these presents. Vv~IEREAS, the Principal has submitted a bid for Demolition of existing restroom & construction of new restroom facilities ~ Klipp Park Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficiant surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if thc Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16 day of Sept ,199 9 ~~ess) Coustrucfio~nsuitants/L.I. I e B (Pr.~~:" (Seal) (Title) By: / Theresa Burke (Attorney-in-Fact) Individual Acknowledgment State of Coun~ of On this day of ,19 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of County of ~ Onthi. ~.,x.3~'~ d/~y~ ~..-~.' ~,197om~,eb~nfoOrwen,mwehPoe~;l~y~em~luly sworn, did deposed say that~/s~i~ -- the court, on ~scdbed in and which ex~uted the above ins~ment; that he/she knows ~e seal of said corporation; that the seal affixed to said instrument is such co.orate seal; that it was so affixed by order o~ tho Board of Dire~ors of ~aid co~omfion, and ~at My commission oxpims ~ . ~ ~-~ ~= m ~i Notary Pu~ Surety Acknowledgment State of New York Coun~ of Nassau On this 16 day of ~2t~m_~.c._r 19 99 , before me personally came Theresa Bu_~ke to me known, who, being by me duly sworn, did depose and say that he/she is an attomey in fact of _ The Mountbatten Surety Company, Inc. , the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authodty of this office under the standing resolution ther~'~ _ .~ ~ .~2~' My commission expires DARYL HAMILTON /' ~/plotsl~ Public Nolal~ Public, State of New York No. 5007879 Qualified In Nassau County Commission Expires Feb. 08, 2 THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney NOW ALL MEN BY THESE PRESENTS: That The Mountoatten Surety Company. [nc., a corporation of the Commonwealth of ennsylvania, has made, constituted and appointed, and by these presents does make,.constitute and appoint. ~ Burke, ~ Dav~_s, Nicole Gruter, Fx~yl [4~a~ltc~, An~'h,'~. J. Panno, ~,~- J. Spina, Ant~ M. Spir~, ~,'bara ~z~lker and/~r ~ ~.,~=c~ a]l of SY°Sset, N~ true and lawful Attorney-in-Fact, to make, execute and deliver on [ts behalf insurance policias, surety bonds, unde~akings and other instruments a similar nature as follows: NOT TO E~CEED SIX MIILLION OOLLARE ($6,0gg,g00.OO) Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-~n-Fact, shall be binding upon the said Corporation as futiy and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, ars hereby ratified and confirmed. . This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporaticn on Augbst 28, 1992 with ail Amendments thereto and am still in full force and effect: "Arlicie XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Insffumente Relating Thereto, Sectioe 12-t. Insurance policies, bcnds, recognitions, stipulations, consente of surety and underwriting undertakings of the Corporation, and releases, agreements and other wdtings reiabng in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attomey-in-Fast for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the 8card may from time to time determine. The scsi of the Corporation sha[l if apprepdate be affixed thereto by any such officer, Attomneyqn-Fact or representative. The authedty of such Attorney-in-Fact and Agents shati be as preschbed in the instrument evidencing their appointment. Any such appointment and ail authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mcuntoatten Surety Company, Inc. has caused these presents tc be duly signed and its corporate scsi to be hereunto affixed and duly attested this 24to day of June, 1998. -- ""~---'~'~ /('/' / //"-- By:THE MOUN~.TBATreN SURETY~~.~.i..CoMPANy. [NC. K~nneth L. 8rie~, Prssident Commonwe~Tth of Pennsylvania County of Montgomery On this 24th day of June, 1998, before me personally appeared Kenneth L. Bder, President of The Mountbatten Surety Company. Inc. with whom [ arn personally acquainted, whc, being by me duly swcm, said that he resides in the Commonwealth cf Pennsylvania, that he is President of The Mounthatten Surety Company, !nc., the corporation described in and which executed the foregoing inst3'urnent; that he knows the corporate seal of the said Corporation; that the seal affixed te said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto as President of said Corporation by like authority. (Seal) ~~ '~--'="-'~',~- NoteryPubtic CER'RFICATE I, the undersigned Secretary of The Mountoaffen Surety Company, Inc. do hereby cerafy that the odginal Power of Attorney of which'the foregoing is a ~ull, ~ue and correct copy, is in ~ulI force and effect on ~he date of th s CedJficete and I do further cerafy that the Officer who executed the said Power of Attorney was one of the Officers au~odzed by the Board of Directors to appoint an A[torney-in-Fact as provided in Section 12-1 cf the By-Laws of The Moun~batten Surety Company, Inc. This Ceraf~cate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of The Mountbatten Surety Company, Inc.: "Section 12-2. The use of a pdnted facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any ce~fication of the con'ecthess of a copy of an instrument executed by an authorized person pursuant to Ar~cle XIL Secdon 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Withass Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this .~-~.~'e.~ day of ~,,-,~-,-,~,,~,,* ,199~.__. This power of attorney is-o-'n~'~a~[~,~ Code # and the original, red stamp affixed hereto. Nota~ai Seal Anthony T. Stewart, Notary Public Lower Medon Twp., Montgomery County My Commission Expires Au~. 5, 2002 Member, Pennsylvan~ Association ct Ncte~es (Stamp) DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES at Klipp Park Beach, Manhansett Avenue. Greenport. NY $10.00 Non-Refundable bid fee Bid Opening: THURSDAY. SEPTEMBER 23, 1999 10:00 A.M. 9/10/99 1. Dinizio Plumbing & Htg., 722 Brown St., Greenport, NY 11944 - 477q3634 - John 2. Bracken Built Homes, Jasmine Lane, Southold 765-4755 9/15/99 3. Construction Consultants, 125-A West Broadway, Pt. Jel~ferson, NY 11777 474-4774 Fax- 474-4770 9/17 Torino Industrial, 147-16 97th Ave, Jamaica Queens, NY 11435 Keith Passanante o o 10. NOTICIg TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with'the provisions of Section 103 of the Oencral Municipal Law, that sealed bids are sought and requested for furnishing all the labor, materials and equip- ment for the construction of new restroom facilities at the Norman E. Klipp Marine Park located at the end of Manhanset Avenue, Greenport, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, S3095 Main Road, Southold, New York 11971, upon payment of a $10,00 non-refundable fee. The proposal form will consist of individual construction items of work specified and detailed in the contract documents, drawings to be attached. The ~e~l~[ bi~, together with a bank drnft, clirtified check, or bid bomt in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold. New York. until 10:00 a.m., Thursday, September 23, 1~99, at which tlnm tbey will be opened and re. sd slmut in public. This ilivitaikm to bid is no{ ali offer and shall in no way bind the Town of Southoki to award · contract for performance of the pr~ct. Should the Town of Southold decide to award a con- tract, it shall be awarded to the Iow- est responsible bidder. The Town Board of the Town of Southold reserves the right to waive any alid all informalities in any bid, and to reject ally and all bids, and to retain bids for 45 days from the date of re- ceipt should it be deemed in the best interest of the Town of Southold to do so. The CONTRACTOR SHALL NOT withdraw his bid dar- ing this period. All bids must be signed and sealed in envelopes plainly marked "Bid o# New Restroom Facilities", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local from which the Town of Southold is exempt. Dated: August 31, 1999 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1836-1TS9 STATE OF NEW YORK) )SS: COUNTY OF SUFF, QLK) '.. I,g_CIf'h ~', CI.J ( ~l ~S 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 { weeks. ~,uccessively, commenqing . on the' C/'~ day of ~q~{)~t~x~i/~ 19C~~J~ · ~/~ Principal Sworn to before me this day of II LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all the labor, materials and equipment for the construction of new restroom facilities at the Norman E.Klipp Marine Park located at the end of Manhanset Avenue, Greenport, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $10.00 non-refundable fee. The proposal form will consist of individual construction items of work specified and detailed in the contract documents, drawings to be attached. The sealed bids, together with a bank draft, certified check, or bid bond in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, September 23, 1999, at which time they will be opened and read aloud in public. 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 Board of the Town of Southold reserves the right waive any and all informalities in any bid, and to reject any and all bids, and to retain bids for 45 days from the date of receipt should it be deemed in the best interest of the Town of Southold to do so. The CONTRACTOR SHALL NOT withdraw his bid during this period. All bids must be signed and sealed in envelopes plainly marked "Bid on New Restroom Facilities", and submitted to the Office of the Town Clerk, The bid price shall not include any tax, federal, state, or local from which the Town of Southold is exempt. Dated: August 31, 1999. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON THURSDAY, SEPTEMBER 9, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Commissioner of Public Works Dodge Reports Brown's Letters Burrelles Information Services Town Clerk's Bulletin Board 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 7th day of September 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 Board, Southold Town Hall~ 53095 Main Road~ Southold, New York. Notice to Bidders - for Construction of New Bathroom Facilities at the Norman E. Klipp Marine Park, Manhanset Avenue, Greenport. Bid Opening 10:00 A.M., Thursday, September 23, 1999. EliZabeth A~. Neville Southold Town Clerk Sworn to before me this 7th .day of September 1999. ~ Notary~Public Sep--O7-gg 10:28A Times/Review N?wsco, rp 07/0~1 §9 F~E 09:18 F~ ~16 765 §145 SO[!TIlOI~I,~ CI,ERK 51 6298328~[[ ~ , S~lk P.O1 ELd[Fbi ~IETIi ~%. NEVIL~ ~ N2)Wlq C1LI~.,HK REGISI'R3~R OF VITAL STATISTI~ ~ ~,I~GE OFFICER FREEDOM DIP INFOrmaTION OFfiCER Town Hall. 53095 Main Road P.O. Box 1179 E-ou~hold, Now York 11971 Fax (516) 765-6145 Telephune (536) 765.11500 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAl.. TO: FRC~M: DA3~IE: RE: SUFFOLK TIMES NEWSPAPER BEiTY NEVILLE 915199 If :~[al transmittal is not received, please call 516 765-1800. fax 516 765-61115 [2) NOTICE TO BIDDERS: RENTAL OF D-8 BULLDOZER FOR USE AT LANDFILL. CONSTRUCTION OF NEW RESTROOM FACILITIES AT NORMAN E. KLIPP MARINE PARK. PLIE:ASE SIGN AND RETURN THE FOLLOWING CONFIRMING RECEIPT OF 'THE ABOVE: THANK YOU. ELIZABETH A. NEVILLE TOWN CLERK REGIST~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, 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 SOUTHOLD TOWN BOARD HELD ON AUGUST 31, 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Clerk Elizabeth Neville to advertise for bids to construct new restroom facilities at Norman E. Klipp Park, Greenport, New York, in accordance with the plans and specifications prepared by James A. Richter, R.A. Southold Town Clerk August 31. 1999 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 31. 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Clerk Elizabeth Neville to advertise for bids to construct new restroom facilities at Norman E. Klipp Park, Greenport, New York, in accordance with the plans and specifications prepared by James A. Richter, R.A. Southold Town Clerk August 31, 1999 GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM BETTY NEVILLE, TOWN CLERK GREGORY F. YAKABOSKL ESQ., TOWN ATTORNEY ~. ~.~] MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY~~LI~'~x OCTOBER 22, 1999 FILES ON REPAIR OF ROCKY POINT STEPS AND KLIPP PARK RESTROOM CONSTRUCTION TRANSMITTED HEREWITH ARE THE ABOVE FILES FROM OUR OFFICE -- AS THE CONTRACTS ARE COMPLETED AND HAVE BEEN TRANSMITTED TO YOU WE ARE TRANSFERING OUR FILES AS WELL FOR INCLUSION IN YOUR FILE ON THE MATTER. Bid Specifications: RE TR00M FACILITIES: KLIPP PARK BEACH MANHANSETT AVENUE GREENPORT, NEW YORK 11944 AUGUST 30, 1999 STED ~ 80[Yl~0LD TOWN ~[NEEP,]NG DEP~TMENT ~309~ M~N R0~, ~0[~THOLD, New York 1197! · ? PROJECT DESCRIPTION DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: Located at KLIPP PARK'BEACH, MANHANSETTAVE., GREENPORT, NEW YORK 11944 THIS PROJECT INCLUDES THE DEMOLITION OF THE EXISTING RESTROOM FACILITIES AND THE CONSTRUCTION OF A NEW 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM BUILDING. GENERAL DESCRIPTION: FOUNDATION: WALLS: FLOOR: ROOF FRAMING: ROOFING: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS. 8" CONCRETE BLOCK MASONRY UNITS. 4" CONCRETE SLAB, 2"x6" CCA - PRESSURE TREATED JOISTS. ASPHALT SHINGLES. HOLLOW METAL DOORS & FRAMES. SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS. EXISTING SYSTEM TO REMAIN. INCLUDES ALL NECESSARY EXCAVATIONS, UTILITY CONNECTIONS, FILL, PAVING & SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE SENT TO THE ENGINEERS OFFICE: "S~I~I)", SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, New Yod<, 11971. ~ Aq-FENTION - JAMES A. RICHTER - (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INVITATION TO BID PROJECT: DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES: .KLIPP PARK BEACH, MANHANSETTAVENUE, GREENPORT, NEW YORK 11944 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials & equipment as specified for the demolition of the existing restroom facility and the construction of a new restroom facility at Klipp Park beach in accordance with the Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, N.Y. 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until: 10 AM, September 23, 1999 All Specifications are provided herein. (Drawings to be attached) A fee of ten ($10) dollars, cash or check, made ~)ayable 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 5% will be required of each bidder. Please advise if you intend to bid or not. Dated: AuAust 3! 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth Neville Southold Town Clerk Restroom Facilities A-1 INSTRUCTIONS TO BIDDERS PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in stdct accordance with the plans and specifications, and subject at all times to the approval of the Architect. Proposa!s shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. Each proposal must be signed in writing with the fuel name and address of bidder. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal pdces 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. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a wdtten instruction to all bidders. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. 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 podod of 45 days pending execution of a contract by successful bidder. The competenc,.~nd responsibility of the bidder and his sub- contractors will be considered in making the award: The Town reserves the dght 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 (Stipulated Lump Sum). The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. Restroom Facility: B-1 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. 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 an investigation 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. 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 cerfified 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. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Restroom Faclity: B-2 PROPOSALFORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 1197'1 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons1 company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents (dated August 30, 1999) including bidding requirements, general and special conditions, specifications, contract documents, and addenda, if any (Note: Acknowledgment of addenda and their dates must be included as indicated on bottom page); and he proposed and agrees that if his proposal be accepted he will contract to furnish all labor & materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: KLIPP PARK BEACH, MANHANSE'I-F AVENUE, GREENPORT, New York 11944 in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineedng Department, Southold Town Hall, 53095 Main Road, New York 11971, and complying with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE DEMOLITION OF THE EXISTING RESTROOM BUILDING AND THE CONSTRUCTION OF A NEW RESTROOM BUILDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wdtten in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town after notice of the acceptance of said proposal shall have been deposite~l in the mail addressed to him at the address given in the proposal, that he shall be considered to have ab .a~doned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal er by mutual agreement may extend this time period. Business Address: (Signature of Bidder) Date: Telephone Number: Restroom Facilities: C-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: (Bidder) it intends to use the following listed construction trades in the work under the contract. .; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Restroom Fa(~ilities: E-1 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 (Bidders Name) the will execute (Surety Company) the Surety Bonds as herein before provided. Date: Signed: Authorized Off. al, Agent, or Attorney IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Restroom Facilities: F-1 .T I N $ T I T U T F F ARCHITECT AlA Doczzment A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES I. GENERAL PROVISIONS 2. O~ .~ER 3. CONTRACTOR 4. ADI~IIN'[STRATION OF THE CONTtL~.CT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONi'KACTORS 7. CI-L&NGES IN THE WORK 8. TIME 9. PAYMENTS ,~.ND COMPLETION t0. PROTECTION OF PERSONS ,UN'D PROPERTY 1 t. [NSUIL~X/CE ANT) BONDS t2~, UNCOVERING .4_N-D CORRECTION OF WORK I3. MISCELL~2,1'EOUS PROVISIONS 14. TERMLN'ATION OR SUSPENSION OF THE CONTR.&CT A201-1987 I INDE~ Acceptance al Nancordorming Work ........ 9.6.6, 9.9,3.12.3 AcCident Prevention ................... 4.2.3, l0 Addiuonai Cos~ Claims for ......... 4.3.6,4.3,7,4.3.9.6, I.1,10.3 Additional In~pec~on$ and Te~cing ....... 4.2.6, 9.8.2.12.2.1, 13.5 .~.ddiuona~ Time. Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 .&esthetic Effect ........................ 4.2.13,4.5.1 Applications for Payment : 4.2.5.7.3.7, 9,2, 9.3, 9.4. 9.5.[. 9.6.3, ApprowILs . 2.4.3.3.3, 3.5, 3.10.2.3.t2.4 through 3.12,8. ). 18.3, Arbitration .......... 4.1.4, 4.3.2.4.3.4. 4.4.4.4.fi, A rchit eot' s Administration o f the Contract ....... 4.2, ~.3.6. A rcla it ect'$ [r~$p<ct k} n:~ .......... 4.2.2. -12.9. 4.3.6. 9,4.2.9.8.2. Award of Subcontracts and Other Contracts for Porbon$ of ttie WO~ S.2 Basic Oeflnitior~ 1.1 Building Pe.'mil ................................ 3.7.1 Cer0ticates for Payment ....... 4.2.5, 4.2.9, 9.3.3, ~.4, 9.5, 9,6.1, C~ca£e~ of Lr~ur'-nce .................. 9.3.2, 9.10.2. I 1. i .3 ehange~ .......................................... 7.1- CHANGES IN THE WORK .... 3. i 1.4.2.8.7, 8.3.1,9.3. I. 1. l 0. 1.3 Claira. Definition o f ............................... 4.3.1 Claims and Olspute~ ................ 4.3,4.4.4.5.6.2.5.8.3,2. Ctaims and Timely As..-erflon of Claims ................ 4.5.6 Claims for Addit~enal Cost ........ 4.3.6. 4.3.7, 4.3.9, 6.1. I. 10.3 Claims for AddRIonal Time ............ 4.3.6. 4,3.8, 4.3.9. 8.3.2 Claims for Concealed or Unknown Conditions .......... ¢laaning ~ ................................ 3.15,6.3 Commencement of $tatutory LJmitafion Perind .......... 13.7 Commencement o~' the Work. Condit~o~ Relating ~o ...... 2.I.2, A([minist=tion ..................... 3.9.1.4.2.4. 5.2.1 Completion. Substanti~ ....... 4.2.9. -~.3,5.2. 8. t. 1,8.1.3.8.2.3, Consent. Wdaen .................. 1.3.1, 3.12.8. ). 14.2. ~.1.2. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Construction Change Oirecttve~ .... I.I. 1, 4.2,8.7. I, 7.3, 9.3.1. l Contingent As~gnment of Suhcont~cl~ .............. 5.4 Continuing Contract Performance ............... 4.3.4 CONTRACT, TERMINATION OR SUSPEH$1ON OFTHE ................ 4.3.7, 5.4.1.1.14 Contract Time. Deflnincn o f. ......................... 8.1.1 2 A201-1987 CONTRACTOR ............................. 3 Concracm r. Definition o ~ .................. 3.I, 6.1.2 Contractor's 8ici. ~ ....................... t.t.t Du-n~ for DeLw .................... 6.1.1. ~.~.3.9.f. 1.6. 9,T Emercjencies .................. 4.3.7, 10.3 5.8.2. 3.12.3. 3.12.7. 5 I2AI. 3.!3. 3 1SA. 4.2.7, 6.2. I. -.3.6.9.3.2.9.3.3. II.3, t2.2.4. 14 Con[tact Documents ...................... 1.2. 3.-. 1, GENERA[. PROVISIONS ...................... 1 Governing Law .......................... 13.1 4.3.4.6.1.3.0.1.4.6.2.6. 9.3.2.96.[, 9.6.4. 9.8.3, 9.9.2. Injury or Damage to Person or Pralaerty ....... 4.3.9 Insurance, Boiler and Machinery 11.3.2 In:surance, com~ctor'$ Lla,hillty ................. 11.1 Ineuranc:e, Owner' $ Lialaility ................ 11.2 I~surance, Property ......................... t0.2.5.11.3 4.3.3. 4.3.4,4.3.6. 4.3.9. 4.5.4.2.5.2. L 5.2.3, 6.2.4. 73.4, 7.4. Mural Responsibili~ ................... 6.2 Notice, W~en ............ 2-3, 2.t. 3 9.3.12.& 3 12.9. t.3. O~NEH 2 Owners Hight ta O~an Up ............................ ~.3 Owneff$ Right to Perform Construction and to Award Separate Contacts ........... 6.1 Owner's Right to Stop ~e Work ........... 2.:), -~.3 7 Owner's Right to Suspend the Work ............ 14 3 4 A201-1987 Rules and Notces fear Arbitration ....... 4.5.2 Safety of Pemons and properly .......... 10.2 Safety precauton:s and Programs 4.2.3. ~.2.-, 10,1 Suspension by the Owner for Convenience ........ 14.3 Taxes ................................ 3.~, TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and InspeclJons ..... 5.3.3.4.2,6, 4.2.9.9.4.2, 12.2.1.13.5 TIME ............................................ 8 Time, Delays and Extensions of ............. 4.3.8. 7.2. [. 8.fl Time Limits, Spec/tic ......... 2. t .2.2,Z. I, 2.~. 3 to, 3. l t. 3,15. t, 4.2.1. 4,2.1L 4,3, 4.,~. 4.5. 5.3, 5.4, 7.3.5, 7.3.9.8.2.9.2.9.3.1. 9.3.3.9.4. I, 9.6.1.97, 9.8.2, 9. t0.2, I !.1.3. I t.3.6. [ t.3.iO. Time Iimits an CMim$ ....... 4.5.2, 4.3.3, 4.3,6. 4.3.9. -L4, 4.5 Title to Work 9.3.2.9.3.3 UNCOVERING AND CORRECTION OF WORK ...... 12 Uncovering of Work 12.1 L'se o f Documents ............ 3.2.2.5.3.12.- 53 A201-1987 GENERXL CONDITION5 OF THE CONTP~-LCT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENT~ Owner ;md Coot_rector (herc'.n,-~er thc .*.gr~,-,_mcnt), Concliuons of thc Contract (Gcncz-zl, Supplementary ~nd omer Condiaons), D~w~, Speofkmdoos, adde:td2 i.~ed prior co execu[lon of ~i-le Con[t=c=, o~cr do~n~ ~[¢d ~ Mo~c=do~ ~ucd ~cr ~oa of ~c Con[=~. A both p~i~, (2~ = G~c O~m. (3) ~ Co~on Dkc~v¢ or~4) = wna~ o~r ~r = ~or d~ m ~c Work a~ued by ~c .~i[~. U~ ~p~c~y ~c~ed m A~cni, ~c Con~=~ D~m do ~o[ ~dudc o~er d~cn~ such ~ bid~ ~a invi~[ion to bid, ~ions [o Bidd¢~. Concmc[or's bid oc ~o~ o[ ~dcn~ ~ [o bid~ 1.1-2 ~ECO~ The Con[=c[ ~cam~m fo~ ~c Con~ for Co~mc=oa. The Con[mci r~r~m ~c ~ ~d ~ct m=y ~ ~¢nd~ or mc~ o~y by Con,ct Do~m sh~ no~ be ~ ~o ~t¢ a con~c- ~ ~eationship of ~y ~d ~ 1~ b¢~ ~¢ .~t~ ~d Con- [~c:or, (2) be~¢~ ~¢ O~ ~d a Subcon~or or Sub- ~titl~ to p¢ffo~c= ~d ~fom~[ 1.1.~ ~E WORK r~u~ by ~¢ Conta~ ~m, wbe~¢r comple[~ or p~ly complet~ ~d ~du~ ~ o~¢r ~r, equipment ~d ~m~ pm~ or to Commc[or ~o ~ ~ Condor's ob[i~ao~. ~ work may co~[imi¢ ~ whole or a p~ of ~¢ 1.1.4 ~E PROJE~ The Proiect a ~ to~ co~[mc~on of whi~ ~¢ Wo~ per- p~ ~d which muy ~ciud¢ co~mion by the Owner or by s~p~[¢ contac:om. 1.1.5 ~E ~¢ D~win~ ~ ~¢ ~ghic ~d picto,~ pomo~ of ~c Con- showin~ ~ d~i~, I~[inn ~d ~inns o~ ~ Wo~. uies ~d ~. 1.1.6 ~E 1.1.7 THE PROJECT MANUAL The Project M2nu.'zl is the volume ustmlly z.~,~m'~bled ~'or the Work which ma}' include the bidding requirements, sample [orms, Conclitions of the Contrac: and Spedlicadons. 1.2 EXECUTION, CORRELATION AND [NTEKT 1.2.1 The Cooer=cz Documents shall b¢ si~ned by the Owner md Con[rector as provided in the ,-k~"cm~cnt. If ather the Ownex or Conwacxor or both do nOt $1~n ~1 the Conumcr Documents, the .M-chitect sh~ idem. fly such un.si~ncd Docu: mencs upon request. 1.2.2 Execution of the Contr'ac~ by the Contractor is a repre- senmnon that the Conracmr h~ vi~ked me site. become famil- iar with local conditions under which the Work i~ to be per- formed. ;md corrected persomal obServa~ons with require- 1.2.3 The intent o[ the Contmc~ Docum~,lcs is to include ail items necessary for the proper =ecudon :md completion of the Work by the Cor~t~mor. The Contmc~ Docliments are comple- me.~,tary. ;md w~m[ is required by one si'mil be as binding is tf required by ali: pe,-'formmnce by the Conwac~or slmll be mencs and rc:isonaOly infe,--able from them = being necessm?- 1.2.40rg:miz:inon of the $peciic=dons into divisions, seC'uons and amcle~, and arrangement or Drawings shall not control the ConLmctor in dividing the Work among Subcontrac:ors or in establishing the mx£ent of Work ~o be pedormed by my trade. 1.2.5 Cni~ othc.'-wtsc st=ted in the Conw'..,ct Dooiments. words which l~ve well-known technic:il or construc'~on indus- ~. me:mings are used in the Contrac Doc-amencs in accord- ;race with such _,,ecogmZed me;mings. 1.3 OWN~:L~HIP .aND USs: OF AFICHIT~CT'S nP~WlNG~, SP{[ClFIC~TIONS AND OTHEFI OOCUMENTS 1.3.1 The Dmz, rags. Specific:mons ;md other docwnenm prepared by the Architect are ~istrummcs of the .~ctlitec~'s service through which the Work to be executed by the Con- c!mm: copyright in the Dm'~mgs. Specilimdons ;md other documents prepped by the .~--~ite~. and unless otherwtse indic=ted the Ar~mtec~ shatI be deemed the :lu~hor oi them :md The Drawings. $~ecific:ldons and other docurnencs prepared by the Architec:. ;md copieS th~co~ f'arntshed £O W.e Contric- subconwacsor or rmltcrml or e~upmm~ supplier on other pro~- ec-,s or for :lddi~ons to this p.-~fect outside the _,~:cpe of the 6 A201-1987 Work without the specific wntten con_~cnt of the Owner and A~chitect. The Contractor, Subcontractors, Sub-suhcontrac:ors a~d materLaJ or equipment suppEer5 are gsanted a Lmited License to use and reproduce applicable poc~ion5 of the Draw- rags. SpecLfications and Other document5 prepaced by the Architect appropriate to and for use in the e_xecuUOn of Work under the Contract Document. Mi copies made under thLs [icer~e shall be:xr the statutory, copyright nodce, ff a.qy, shown on the Drawings, SpecJfic~tion5 and other prepazed by the Arc~tect. Submkml or distribution to officNJ regulatory requiremen~ or for ocher pucposes in con- necuon wida thiS Project Ls not to be construed = publication in derogation of the Azchitect's copyright or other reserved righLs. 1,4 CAPITALIZATION 1.4.1 Term5 c:pitalized in the~e Generg Condidon~ include thOSe whJch a~e (1) specifically defined, (2) the tides or` num- bered ~dcle5 and identified ceferences to paragrapi~, Subpara- graphs and Clauses in the doo.u-nent or (3) the rides Of other document5 publLshed by the .~nerican [~.sti~ute of ,~-chitecr-~. 1.5 INTF_FiPRE'TATION 1.5,1 ha the interest of brcviq., the Contract Documents (re- quendy omit modifying words such as "all*' and "any'* and aru_ cle~ such a5 "the" and "an," but the ~act that a modifier or an arridi¢ is absent from one statement and appears in another not intended to ~fect the interpretation of either statement. ARTICLE 2 OWNEiq 2.1 C)EFINITION 2.1.1 The Owner is the pe~on or 2.1.2 The Owner upon r~on=ble w~tren requ~r {o the Contractor in waling info~adon whi~ ~fo<e m~h~c'$ ~en d~. Such ~fo~on s~ mclude co~ $~t~t of ~< ~ord l~ dde ~ {he p~ on which ~c Pa)~ ~ I~t~ ~y the Own~'5 Mte~t ~e~ at ~e ~e of ~x~on of the of such ~ge M ~de, r~ or 2.2 INFORMATION AND SER¥1C~-S REOUIRED OF THE OWNF-~ 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from rime tO tLrne there:alter, f~mish to the Contractor reachable o'idence that Fmancial arrangements have been madc to fulfill thc Owner's obligations under the Contract. [.~bte: Cnle~ su<b reasot~aOle ertdenee were fiirnisbed on request prior to tlJe ~ecution of the Agr~emte~£ :De prospectice cotttracror wotdd not &e or` the Project. and a legal descr;ption Of the site. ~h'.ril secure and pay for neceasa~.' abpmv~, e:~en~, as.'~- fac-Jiries. 2.2.4 Information or 5~,~ic~ under d~e Owner's control shall be furnished by the Owner w~th reasonabie prompmer~ to avoid deny in orderly progress of the Work. 2.2.5 Unless othm-w~e provided an the Contract DooJments, the Cont~ctor ~ ~ M~h~. fr~ of ch~e, ~ch copi~ of Dm~ ~d Proj~ ~ ~ ~c r~on~ly nec~s~ for ex--don of ~c Work. 2.2.5 The foregomg are in addition to other duties and rmpon- sibflities of the Owner enumerated helm and c=pe'",.:~ly [hose in respect to :~rocJe 6 (CousLrUC'don by O~ner or by ScTarate Conrac'tots), A~icte 9 (Payment5 and Compledon) and A,rticAe I l (Insur~ace and Bonds). 2.3 OWNER'S RIGHT TO ~TOP THE WORK 2.3.1 ff the Contractor f:a~s to correct Woe,; wbJch is not in accordance with the requLrenqent5 of the Contract Doctmaencs a.5 required by Ps,graph 12.2 or persiStendy fails to carry' out Work in accordance with the C~nrxact Docamaenr..s, the Owner, by written order signed personally or by an agent spec:~calIy so ~mpowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, unr. c[ the Czuse for ~uch order has been e!fi'nic~ted; howl'er, the dght of the Owner to stop the Work sh.MI not g~ve dsc to a duty, on the par~ or` the Owner to ~--xero-~e thru dght for the be_qefit of [he Con- Lracror or any other pe.,',3on or entity, except to the ~equired by Subparagraph 6, 2.4 OWNF_.~'S RIGHT TO CA~RY OUT THE WORK 2.4.1 {f the Contractor defau,[ts or neglec',z to c::cr,:- ou~ the Work in accotdan<e with the Contr:ct Documencs and frilL5 withm :z seven<~:y penod a~e.-' receipt o~ ,;,-d~ten notice from the Owner to commence and continue correcuon or' such de.aL.Lit or neglect with diligence :md promptness, the Owner ma,/' :aCer such seven-Jay period give the Contractor a second written notice to correct such d¢fic;enc-.:es within ;z second seven-day pe~od. [f the Conr_~,ctor ,~,-tthin Suc.~h second seven- day p<:riocI a~er receipt or' such second nodce fad5 to com- mence and condnue to correct any deffcie~dies, the Owner may. without prejudice to other r~'Ttedie5 the Owner may have. correct such defidiencies, tn such ctse an appropriate (d~aange Order $h:di be issued deduCtmg M)m payrnen[s then or ,~. erea~er due the Contractor the cost or' correoabg $uch deft- ~enc~cs. inc, Juding compex~ar~on for the .~x:hitec(s addition=J :~.'rvlces and e:q:pen.se5 mede necessac,- by such der. tull. neglect or failure. Such action by the Owner ;md arno,.mm ch:aged to the Contractor aze both $ubic~.< to prior approv'?F of the .~'chi- ARTICLE 3 3.1 CONTRACTOR DF_FINrHGN A201-1987 7 REVIEW OF CONTRAC'~ DOCUMENTS AND FIELD CONOmONS BY CONTfi~CTOR 3.2.1 The Con[mc:or shall qm-e~lly study and comgxr¢ the ~umishcd by the Owner pumtt:mt to Subpmagraph 2.2.2 and and knowingly f~ied to report it to the ~-c_hitect. It' the Con- tot shall ussume appropriate resl:~usibility for such perfof mance and shall be'~r an approprmte amount of the costs for correction. 3.2.2 The Contractor shall rake field me:zsurements and verify field conditions and s -hall ~-efully compare such field mc.c- 3.2.3 The Contractor shall perform the Work in accordanc: with the Contract Documents :md submittals approved pur- su:mt [o pmmgraph 3A2. 3.3 SUPEgVISlON AND CONSTRUCTION PROCEDURES 3.3.1 'Cne Contractor sh-,,li supervLse and direc~ the Work, 3.3.3 The Contractor >hall not be mtieved appr~)vak~ required tlr perfomaefl by per-~)us other ti'mn the 3.3.4. The Contractor shall b~ re~ponsthlc for insp~,:[iun of pof the Commctor ~hall provide :md pay R~r labor, mate,'*qals, equip- 3.4..2 The Gmtractor shall eniorce strict di~cipiine and good 3.5 WAfiRANTY 3.5.1 The Contractor wnrrnnts to thc Owner and .~-rchitect that materials and equipment fumi.~hed under the Contract will be o£ good quality :md new unle~ other'wise required or permit- ted by the Contract Documents. that the Work will be free from defects not inherent in the quality required or permitted. :md that the Work will conform with the requirements of the Contract Do6arnents. Work not conforming to these require- merits, including substitutions not property approved and authorized, may be considered defective. The Contractor's wa.rmnty excludes remedy for cL-m~age or defect caused by abuse, modifications not executed b? the Contractor. improper or insufficient mamtermnce, improper operanon, or normal ~'ear and tear under normal usage. It' required by the .~chitect. the Contractor shall f~mish satks~ctory evidence = to the kind and quality off materials and equipment. 3.fi TAXES 3.6.1 Thc Contractor shal! pay ~ales, consumer, use and simi[~n taxes ~o~ the Work oc povdons thereof provided by the Con- m~ctor which ~e leg~ly enacted when bids ~¢ received o~ negot~tious concluded, whether or no[ yet effective or merely sehc~luled to go into effect. 3.7 PERMITS, FEES ANO NOTIcEs 3.7.1 Unless otberwisc provided in the Contract Documents. the Contractor shall :iecure :md pay for the building permit :md other permits :md govemment=J fc-'~. [icet'ts~5 and iuspectious necmlsar'y for proper execution and completion of the Work which are customarily secured m'~er execution of the Contract and which are legally required v-hen bid~ xe received or nc~o- 3.7.3 [t is not the Contractor's rcspousibilicy to a~ce."mm that shrJl promptly nodf7 the :~'chitect :md Owner in writing, and nccc~-y change~ shall pe accomplished by approprmte Modificatk~n. 3.7.4 ff the Contractor performs Work knowing it to be con- tmry to -N.~,m. sr.m'ute~, ordirmnce:~, building code~, and rules and reg~[ions without such no[ice to the Architect and Owner. the Contractor shall a.ssume ~ ~:~ponsibility for such Work and shall be-ar the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contr-ac[or shall include in the Contract Sum all 'o5, :dklwances ~hal! he supplied for such amounts and hy such required, r.qxc~. Ic~ appiioblc r.~d.~ ali.sro[rots: 8 A201-1987 cbc Con[~cr Sum sh:fli be ;dius[ed ;ccordin~y by C,h~nge Order. The :~-noun[ o~ cbc Ch~g¢ Order sh~ reflect (1) ~c ~fference be~'~n ac~ ~ow~c~ ~der C~e b.8.2.2 ~d 3.10 CON~A~OR'S ~NS~U~ION 3.10.1 Tn~ Con[~c~or. prompdy ~c~ ~inB =w~d~ ~ Con- 3.11 OOCUME~ AND SAMP~ AT ~E S~ 3.11.1 The Con/mc:oc s~ m~ :t ~e si~e for ~¢ O~er one cecord copy of ~e Drawing, S~fio~, m~ked cu~endy to record ch~g~ ~d ~i~-a~ ~de du~ co~¢mc~on, ~d ~ =ddidon =pp~)v~ Shop Drawing, uc= ~m, S~pl~ ~d simfl~ ~uired submi(~. which subml[[z~ls ;re eequired [he w=y [he Contractor progo~ ~ subject :0 :he limi~2tions o[ Subg:L~a~c. ph 4.3.7, 3.12.7 BT, approving ;~d submitting Shup Dr:~wing.s, Product 3.12.8 The Coawacror si'all rio[ b¢ reii¢:-ed of responsibility A201-1987 9 3.15 CLF__~NING UP 3.15.1 The Contractor sh~i keep the premises =nd surround- Work the Cona'=ctor sh~il remove ~-om =nd about the Project 3.15.2 ti' the Contractor f:aiis to d~m~ up as provided in the 3.17.1 The Contractor sbsdl i~y ~ll roy~Jt~es parent dghts =nd shall hold the Owner :md .Mchit~ct from loss on account th~-ot', but shall not be r~p~)nsibl¢ for such de£¢ns~ or loss when a p-amo.~ design, proc~s or prod- infringement Of a patent, the Contrac:o r s"h~i be ,m_sponsibic for 3.18 INDEMNIFICATION 3,18.1 To the ~[lest e_xtent pe:'mined by [~w. [he Contractor from ~nd a~mst ~, drainages, lo,es and ex?~nses, indud- from perform~ce of the Work, provided that such claim, dmn- age. I.o~s or ~ is attrthutabl~ to bocUly iniury, sidings, disc'~se or death, or to iniu~' to or destroc'don of tangible prop- ~t-ty (other th~n the Work ir-~i0 includktg loss of u_~ resultLng anyone dirccdy or innlr~'dy employer by th~m or anyone for described in this Paragraph }.18. 3.18.2 In clroms a~t =ny pe."son or entiq,' ind~mrafied under this Paragraph 5. I8 by mn ernpinyec of thc Contractor. a 3.18.3 The oblil~tions of the Contractor under this Par~Jra~h tc-ct's consult=nm, =nd agent~ and ~npioy~ of ~ny of ~mg out o f (I) ~c pr~on or ~prov~ of maps, op~o~, ~, su~cys, ~c Ord.. d~i~ or spe~- tio~, or (2) ~e ~vmg Of or ~e ~urc ~o ~v¢ ~¢~o~ or ~tm~o~ by ~e .~it~[, ~e .~ic~'s co~, ~d a~en~ ~d ~pioy~ of my of ~em p~ded such ~vmg or ~urc to ~vc a ac p~ ~ of ~c alum. or ARTICLE 4 ADMINISTRATZON OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the pe~on lawfuily licmscd to prac~ce mrchitcc~rc, or =n ent~tT l~wt~lly prac'4cng ~c,hitecmre [den- tiffed as such in the Agreement =nd L~ feZes'ed to thx'oughout the Contract Documents as if singnalar in number. The term ",~u'chitect" mesns thc Mchitect or the .~-chitect's authorized 4.1.2 Dudes, responsibilities md limitations of authority, of the Architect ~ set forth in the Contract Documents shall not be Owner, Contractor =nd Arc.hkecL Cot--s:it sh~l not be unsea- sorm. bly withheld. 4.1.3 I.n case of termination of employment of the ..~chitect. the Owner shall appoint an architect ~.~i-st whom the Con- 4.1.4 Disputes adaing under Subpa=~phs 4.[.2 and 4.[.3 shzdl be subic.m to arbitmtion. 4.2 ARCHITECT'S ADMINISTP, AT1ON OF THE CONTRACT 4.2.1 The .~chitect will provide admird~r~tion of the Contract as described in the Contract Documents, and wit1 be the Owner's representative (t) during consn-uction. (2} until Final payment is due and (3) with the O~xv. ers concurrence, from time to time during the correOaon peCod deSCribed in ?ara- graph 12.2. The Aa-chitec~ will advise anti consult with me Owner. The Ai'c~itect will have authori~- to act on be~ of the Owner only to the ~xrent provided in me Contract Documents. unless otherwise moctitied by written instrument in accordance with other provisions of thc Cootract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of constructioo to become gmerally familiar w~th the progress =nd quality, of the completed Work and to determine m general ff the Work is being performed in a manner innlcat- lng that the wod(, when completed, will be in accordance with the Contract Documents. However. the Mchitect will not be to check quati~, or qtmnnly of the Work. On the basis of on- site observations as an architect, thc ..~_hitea~ ,a-ill keap the Owner informed of progx~&s of the Work. and will endeavor to guard the Owner ag:dnst defeexs and deficlen~as in the Work. =nd programs in connen'don with the Work. since these are solely the Contractor's responsibility, as provided in Pc,.r'4raph 3.3. The .M-chitect ~ not be responsible for me Com~ctor s failure to cam. out the Work in accoreance .,nm the Contmc: of and will not be responsible for acts or omS. as~ons of '.he Con- 10 A201-1987 t~ctor, Subcontractors, or the'x agents or employe~, or of;my other person3 performmE ~mo~ of ~e ~ork, 4.2.4 Communi~flo~ Facill~flng ~n~ Admin~ tlon. Excel ~ o~e~e ~vided ~ ~e Con~ ~[e ~rou~ ~e .~:. Co~um~uo~ by md wi~ ~e sh~ be ~rou~ me Con.cot. Commm~o~ by sep~e con~om s~ be ~rou~ ~e O~er. 4.2.~ B~ed on ~e .~i[e~'s ob~o~ md ev~uo~ the Contm~or's App~Uo~ for P=~qr. ~e M~[e~ revi~ ~d c~ the ~o~m due ~e Con.cot md ~ue Ce~mtm for P=~mt ~ ~ ~o~. 4.2.6 ~e .~tem w~ have uu~odv to ~ Work which M~i[e~ co~ide~ it necms~ or adv~ble for [ion of ~e ~[ of ~e Con~ D~. ~e .g~[~ have au~on~ ~o req~e ad~uo~ ~p~on or t~g of Work ~ accor~ce win Sub~p~ 13.5.2 md 13.5.3, whe~er or not su~ WO~ ~ ~, ~ or complete. Howler, nm~er ~m aumod~ of ~e Arc~[~ nor a d~ioa ~de m g~d ~ ~er m ~xer~ or not m exer~ such au~on[y s~ We ~e to a du~ or rm~ibfli~ of ~e Ar~i- t~ ~o ~e Con~mcmr. Su~on~mom, m~ md ~pm~q[ suppliem, ~e= agenm or ~ploy~, or o~er ~om ~o~- mg ~mo~ of ~e Work. 4.2.7 The .gcC[ecl w~ nview md approve or ~e o~er =ppropm~e ;cuon upon ~e Con~m~or's sub~(~ such Shop Dmwm~, Product ~m ~d S~pl~, but only for ~he I~i[ed pu~ of ch~l~g for co~o~c: ~ Wen md ~e d~ign concept e~r~ m ~e Con~c[ ~- whfle ~owmg sufflclenr ~e ~ ~e Mchi[~'s pmf~io~ lucent to pe~i[ adeq~te re,new. Review of such submi[~ m no~ conduc:~ for ~e pu~o~ of de~emg the ac~ md comple:m~ of oth~ de~ such = ~io~ q~tidm, or for su~;~g ~tm~o~ ~r ~n or ~o~ce of ~uipmmt or ~[~, ~ o~ whi~ ~ ~e rm~mibiHq' of ~e Conjuror = mqu~ by ~e ~n~ct Do~m. The Ar~'s ~ of ~e Con~or's ~ sh~ no~ reH~e me Con--mr of me obH~uom ~r Pm~P~ 3.3, 3.5 md 3.12, ~e ~i[~'s ~qew s~ not comum[e appmv~ of sMe~y premusiom or, ~ o[he~me sp~fic~y sm~ed by ~e .gchi~. of my corn[melon m~. method, t~hniqum. ~qu~cm or procedure. ~e .~hi[~'s approv~ of a s~c~c i~em s~ not in~mre approv~ of ~mbly of which ~e i~em ~ a com~nen[. 4.2.8 The .gchi[~t ~ pr~e ~ge Ordem md Cominc- o;on Ch~ge Dir~tiv~. md may anyone minor c~g~ in ~he ~ork = provided in Pm~ph 7.4. ~[e or ~[~ of Subs~[i~ Completion md ~he ~e of do~enm required by me Con,mc: md ~bl~ by · .2.1~ If me Owner m~ -~hi~ a~, me .~t~ ~ pm- rmpor~sth~[ie~ and [Lmimuons of authority of such project with ee=zormble prompmess md withm any time limits agre=~d upon. [f no agreement is made concerning the time withm which interpret=tior,_s required of r. he Architect stmfl be ilar- re.shed in compliance with this Paragraph 4.2, then deny shall not be recognized on account of f~.,i!ure by the Architect to fur- nish such interpremnons until 15 ci~ys a~er wdtten requmt is made for daem. 4.2.12 Lnte~mm[iorm and dec~ior~ of the M'chitec~ will be cortsis[enr with ~e mien[ of md r~iy ~cmble ~m me Contm~ ~m ~d ~ ~ in wd[mg or ~ ~e fo~ of ~. ~m m~g suO mte~r~moo~ md decmio~, me .~i[~ w~ ~d~vor m ~e ~ p~o~ce by bo~ O~er ~d Contm~or, w~ not show p~ to ~er ~d ~ not be ~le for ~ul~ of ~e~mfio~ or ~io~ ~ 4.2.13 The .-krchitecr's decs~ions on matters re~[thg co aesthetic effect will be ~ if consistent with the intent expressed m [he 4.3 CLAIMS AND DISPUTES 4.3.1 Definition..-( CDdm is a demand or asse:gion by one ;he paa-[i~ see!ring, = a matter of d~[. adi~tmcnt or race.re- or o~er regef w~uh rm~m to ~e t~ of ~e Contract. The tm~ "C~" ~ ~dudm o~er ~put~ md martem in qum- The r~po~ibfli~' to subst~tmte CN~s s~ rest with p~ m~mg ~e ~. 4.3~ D~on of A~ ~, ~clu~g ~o~ m ~c .~it~ for acdon = pmvid~ ~ ~gmph 4.4. A dc~- sion by ~c .~c~. ~ p~vi~ in Subp~ph 4.e.4, ~of a ~ ~'~ ~e ~n~c[or md Owner ~ ~o ~ su~ ma[[~ ~ing prior to ~c ~[e fir~ ~ym~t ~ due, ~r~s o~(1) wh~ such m=~e~ ~re co ~on md progr~ · e Wo~ or (2) ~e ~[cn~ to which ~e Work h~ b~ corn- pie[cd. ~e d~ion by ~c .~chic~ ~ rm~e co = C~ s~ no~ be = con~cion pr~r to ~itmdon or linganon the event (I) ~c posidon oE.~chlc~t = va~[. (2~ thc within a~ c~e Emim. (3) ~e Mc~g~ h~ fmled =trion mquir~ under Sub~m~ph 4.4.~ wi~m ~0 ~ys ~hc C~ ~ made. (~ ~5 ~ys have ~ed a~er thc C]~ b~n referr~ [o =he .~chic~: or (5) ~e C~m ceN[~ co 4.3.3 Time Llmits on Claims. Ciairn~ by either part}- must be macie withm 21 dm)-s after occurrence of the even[ g~vmg rme [o such CL%Lm or within 21 d.qys after the cNn'mat first recogntzez :he concfiuon givmg nsc to the C!mm. whichever ~ later. C~ after the initial 'C. Dam h.~ bt'~n implemer:..ted by Chrmge Ore:er A201-1987 11 4.3.4 Continuing Contract Performance. Pending fin:d re~o- lution of ~ CLcum mcludin$ .~'bit~uon. unle~ othm'w~se in writing the Contractor sh~ proce~ diLigcndy with ,m:rfor- 4.3.5 Waiver of Claims: Rrml Payment. The making of .1 liens, C~, security inform;;5 or ~ncumbc~nc~ lng out of the Contract :[nd unsettled: .2 ~'~ure of [he Work to comply with the mquu:emenm .3 terms of sp~cm] w~-mn[i~ requu'e~J, by the 4,3.6 Claims for Conceal~ or Unknown ~ndifio~, [f ~n- di[io~ ~ e~co~tc~d at ~c site whi~ ~¢ il) subs~3c¢ o[he~ coached physi~ con~do~ w~ ~ffer ~y from ~o~ ~[ed ~ ~e Con[~ Doc~e~m or unknown ~hysi~ ~n~o~ of ~ ~ ~, f¢r mat¢~y from ~o~ o~iy found to ¢~t ~d ccco~ized ~ ~¢~nt m co~tm~on ~c2vi~ of ch~cttr p~vidtd for ~ ~¢ Contact D~n~, promptly before con~[io~ ~¢ ~turbtd ~d ~ no · ~ 21 ~ys a~er f~t ob~c¢ of ~¢ con~tzo~. cost of, or [~¢ r~uirmd for. p¢~o~ce of ~y pa~ Work, will recommend ~ ~ui~bl¢ 3d~¢mtnt ~ ~¢ Commc; Sum or Contact T~e, or bo[h. [f thc .~-chkec: de[e~ te~5 of thc Cofltmc[ ~ j~ti~cd. ~h¢ .~i[ec~ 5~i Claims by rather pa~' m oppostnon [o such derelict:on m~[ be made within !1 ~ys ~er the .~ni[~: ~ wen tnt adi~tment shMl ~ cefer~ to the .~chit~t for ini~ deter- 4.3.7 ~aims for Add~o~ Coat [f the Contm~or ~'Bh~ to m~e C~im for ~ inc~ ~ ~e Confmcl Sum. w~t~en = p~vided hereto ~1 ~ Wen ~foce p~g to the Wo~. P~or no,ce ~ not ~m~ for ~ ~g eme~cy en~ge~g ~fe or p~pe~' ~ing un~ ~ph [0.3. [f ~e Come,or ~!iev~ ad~tion~ cost involved for r~o~ including but not ~lted to (I) a ten order for a minor ch~ge in ~e Wo~ ~ued by the .~hi- feet. (4) t~ilure of payment by the Owns. (5) te~inatton of the Contnct by rhe Owner. (6} Owner's s~ion or {~ other procedure ~rabl~h~d hereto, 4.3.B Claims for Addi~onal ~me and of pr()b~lc eff~ of de~y on pro~ of thc Wor~. In rne for ad~tio~ t~e. ~uch ~l~i~ ~ De doc~[~ by scheduled cor~strdcuon. 4.3.5 Injury or Damage th P~mon or Property. [f e:ther to the Contr'acc surTe= iniury or damage tO pe~on or prope~y SUCh pat's./ is legally liable, written notice of ~Jcrl injury or the other part7 to investigate the ma,:rec. If a Clmm tbr addi- be t'fled ~5 provided tn Subpm-.,g~tpb5 4.3,7 or 4.3.8. 4.4 RESOLIJT~ON OF CLAIMS AND DISPUTES 4.4.1 The .~ch~tec[ wdJ mv~ew ~ :md rake one or more of · CL'um: ([) ~u~[ addiuon~] suppomng dam from [he tect e.-~pec~ [o rake ac~on. (3) tenet the CLams in whole or in pa~. smttng ce3.soo5 for rejection. (,q recommend appcov:d of the Clmm Dy the other.' parry or (5) suggefit a compromise. The 4.4.9 [fa clalrn -h:;5 been re~olved, the Architect will prepare or 4.4.3 If a Claim ha5 not bc~n c~olved, the pan~- making the Clash partie~ but subject to arbitration. L'[x)n e.xpLratton of such time and there appear5 to be a possibility of a Contractor's dct%tult. 4.5.1 Cunl~-over,Me~ and Claims $otaject to Artaitration. 12 A201-1987 4.5.2 Rules and Notices for A~itraflon. Claim~ be[w~ Owner a~d Contractor not resolved under Paragraph 4.4 if' subi¢ct to arbir-ranon under Subpaxagmph 4.5.l, be decided rendy in effect, unless d~c p~mes mutually agree uthe-'~'ise. No(icc of demand for arbitration shall be flied in wndng with tx=ctor :~'td with thc .,~mcdc'Ji:t .~biLF'~on .~.~ocJ;inon. ;~,~d a copy sh~] bc ~ed with the .,M'chitccL 4.5.3 Contract Performance Dudng A~ib'atlon. During :~bi- tm[ion proce~c~"~, thc Owner ~nd Concr.~.<tor sh:d~ comply with Subp:Lmg~ph 4.5.4. 4.5.4 When Arbit~:at~on May Be Demanded. [N:~:md for ~bi- tmtion of- :my C]=Jm m=y eot b¢ re=dc und! the ¢:~ti~ of([) the d~t¢ on which the .-~'chitcct has L'mldez~:d a ~ wdn¢~ sion on thc CI:~m, ('~) ~c t~ ~y ~c~ ~c p~ ~vc d~cnbcd m Subp=m~ph 4.~.2. 4.5.4.1 ~¢~ a wd~cn d~Jo~ o~ ~¢ .~J[~ s~[~ thc dc~ion ~ ~ bu~ subi~ [o ~i~don md (2) = de~d fo~ ~bi[~on o( = C~ covc~ by such d~to~ m~[ the d~d t~v~ the ~ wnn~ d~ion. ~ ~c ~o dem~d ~bi~[io~ within ~d ~0 ~}~' gcd~ sh~l ~ul[ the 5~chi[¢cCs d~ion ~omi~ ~ ~d bin~ upon =~bi[~on p~oc¢~n~ h=ve bee~ mi~[¢d, such d~km cee~ units ~c d~io~ ~ =ccep~bt¢ [o ~l 4.5.4.1 A dcm:md for ad)iumtion shall be m2.de within the time limiLs specified in Subp;.um~phs -i.5.l ::uqd 4.5.4 :lnd 4.5.4.~ is ;ipplic=ble. lnd in othe." cases within a time =her thc CL~ml has ;re.sen. ~d in no ~'ent si're. Il it b~ m=de at, er the date when in$tJtutJon of [c-'~ or equitable proceedings based on such Clam would be b~xted by the applicable of I~itatio~ ~ dete~in~ p~t to Pm~ph 13.7. 4.5.5 ~mi~fion on ~oli~on or ~oin~er. No ~itmmm ~ing out of or ~ang ~o the Contmm ~ts mdude, by co~li~don or joiner or m my o~er ~ner. by written count con~nmg s~fic ~fe~nce m ~e Agr~- ment ~d si~ by the .~chit~ Owner. Contractor ~d other pe~)n or ~[ity ~u~[ to be jo~. No ~itmtion tot = d~cn~d ~ .~icle 6 ~d o~er ~m su~t~y is required if complete relief B to be acco~ M ~it~tion. No cont~c~or = d~c~bed in .~ide 6 s~ ~ included ~ to ~e A~m~t sh~ ~ s~y ~forc~le ~d~ 4.5.5 Claims and T~mely A~sertion of C~aims. A par~- who demand all Cl;fim5 then known to ~a[ p~ on which a C~ ~cou~ ove~J~t, inadve~ence or ex,able he,ecL 4.5.7 Judgment on ~l AwaY. The awed r~dered by arbi~tor or ~bit~o~ 5hMl be C~. ~d jud~en[ may be cnter~ upon it m accor~ce wi~ applicabM ~w m ~y cou~ ARTICLE 5 $.1 SUBCONTRACTORS DEFINITIONS mm of [he Work. The .-X. rchitec: wtil pmmpdy reply to the Con- Architect. a~ter duc inv~ti~tion. ~y ~uch p~ed pe~}n or ~[i~'. Fmlure .f the Owner or able obj~ion. $.2.3 If ~e Owner or Architect r~o~le obj~tion to such A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate ag.m-em~mt, written whe~ legally required the ~xtent of the Work tO be pcffor:ned by the SubconLractor, [o be bound m the Contractor by te.~ of the Contract Docu- roches, and to ~ssume toward the Contractor ~ the obligations and cesgonsibdines ~hic~ ~e Cont~or. by m~m. ~um~ to~ ~e O~er md ~[~L ~ 5ubcon- [~ a~me~t s~ pr~¢~¢ md pm[~ ~e d~ of me r~pe~ to ~e Work ~o ~ pe~ by ~¢ Subcont~or ~[ subcont~c~g ~f w~ not p~$u~ce sh~ ~ow to ~e Subcon~oL ~ s~y p~ded Con~or, by ~e ~n~ ~u. O~er. ~erc app~pmte, ~e Con~or 5~ r~re $ubcont~ctoc to ~[er ~to s~ a~ con~cto~. The Con~or $~ ~e a~le to ~ Su~on~or, pdor to ~e ~x~don of ~e subcon~ 2~t, copt~ of ~e Con~ ~n~ to Subcon~ctoc ~ ~ ~d, m~ upon ~ mqu~t of 5.4 CON~NG~ ~IGNM~ OF 5.4.1 ~ ~ubcon[~c[ a~[ ~r a ~on =si~ed by the Con~or m the Own~ ~vid~ .1 =s~enr ~ ¢ff~ve only' ~ :e~manon of g~ph l ~.2 md o~y ~cr ~o~ ~bcon[~ whi~ ~e Owner acc~= by non~g ~e Subcon- fi.4,2 [f ~e Wo~ ~ ~ ~d~ for mo~ the 5ubcontm~od5 comp~aEon $~ ~ ~mbly adjured, ARTICLE CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNEr'S RIGHT TO PERFORM CONSTRUCTION operations related to the Proiect ,with the Owner's own forces. site under Conditions 9f the ConG"act idenucal Or ~bs[mqtJrdl? sLmda~ to these mciuciing those pot:ions :eLated [o insurance Owner. the Contractor sha~l maxe such CLaim as provideci else- 6.1.3 The Owner sh~Ll provide for coordinauon of the acnvt- ues of the Owner's own forces and of esch separate contractor with the Work of the Contractor, who shall cooperate with them. The Con~or shaJl pazucipate with other separate con- tractors and the Owner in reviewing their consLmchon sched- ules when nlzected to do ~o. The Contractor shall make any revisions [o the consLruction schedule a~d ConLract Sum de~ned necessaO' a~er a joint remew and mutual agreement. The construe'don schedules shall then constioJte the schedules to be used by the Contrac[or, .sepm-ate contractors and the Owner untd subsequec, dy revised. 6.1.4 Unless otherwise provided in the Contract Documents, ~vhe..,a the Owner peffom'ts construcrJon or operations re. ted to the Project w~th the Owner's own forces, the Owner shall be de~ned (o be subject to the same obligations and to have thc same tights which apply to the Contractor under the Condi- tions of the Contrac% including, without e.xcludL~g others, those stated in .Krride 3, this A~'~cle 6 and .Linc!es I0, 1 1' :[nd 12. 6.2 MUTUAL RESPONS1BIL~I'Y 6.2.1 The Comz=ctor sh=Ji ~t'ord the Owner and ~p-ar=te con- tractors r~:son~ble opporcum~ for introduction and storage of the,.r materials and equipment and pefforrmLrace of their acrAvi- Documents. 6.,?.2 If par: of the Contrac:oc's Work depen~.s for proper 6.2.3 Costs caused by delays or by improperly rimed activities or defecav¢ construc~on shall be borne by the part)' reSponsi- bM therefor, 6,2.4 The Contractor shall prompdy remedy damage wrong- fully mused by the Contractor to completed or partially com- pleted cons~llJcuon or to proart7, of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6,2.5 Claim5 and other disputes and matters in question betwee~ the Contrac[oc and a separate contractor shall be sub- ject [o the pcovtsions of Paragraph 4.3 provicied the separate contractor has ceoprocal obligations. same responstbflines ~or cutting :a'~d patching ~ are de~cnbeC OWNER'S RIGHT TO CLEAN UP Par~gr. tph 3. t 5, the Owner may dean up and allocate the cnst among those responsthtc as the ..Lrchitect de:ermines to be just. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7,1.1 Ch~ngc5 in [he Work m=y be ~ccomplL~hed ~Z~cr ¢_xccu- uon of ~¢ Contract, ~d wi[hour ~[~g ~c Con~. by 7.1.2 A C~ge Order sh~ be b~ upon 2~en[ ~ong 7.1.3 Ch~g~ ~ ~¢ ~ork $h~ be perfo~cd ~der appli- Ch~g¢ Ord,. Co~[mc~on Ch~g¢ subs~ucndy =~ upon. md ~' qu~[id~ od~y con- equitably 7.2 ~ANGE ORDERS 7.2.1 A Ch~g¢ Order 7,2~ Mctho~ ~d ~ dc~ining ~di~[mcn~ ~o ~c Con[rac~ 7.3.1 A p=ed by the .~it~t ~d sign~ by ~e Owner ~d ~hi[~. ding a ~ge in the Wo~ ~d s~ting a pm~ b~ for adj~tment, if bo(h. Th< Owner may by CotilLion ~ge Dir~dve. within the g~e~ <op< of the Cont<ct co~tmg o( addi- tmc~ T~e being adi~ted accor~in~y. 5equity a~ u~n: [he'parUes a~d a mutually acceptable ~xed or pcrcen~- age [e~: or .4 = provided m Subp~ph 7.3.6. 7.3.4 U~n receipt of a Co~tmc~on ~ge D~ecfive, Con[m~o/ sh~ promptly pr~d wi~ a~eem~t or ~a~ment wi~ ~e me.od, ff my, pro~de~ ~ ~¢ Comtmc~on ~ge Die.ye for detemg posed ad}~ent m ~e Con~c~ S~ or Con~ T~e. 7.].$ .& Co~tmc~on ~ge Direc~ve $i~ by ~e Confine- mg adj~[ m Contmc~ Sm md Con~ T~e or me.od for det~g ~mm. Su~ a~ent ~ ~ effec- tive ~tely md s~ be r~o~ = a 7,].~ If ~e Con{me,or d~ not r~nd promp~y with ~e me.od for ad~men~ m ~e Con~ Sm. me.od ~d ~e ad~en[ sh~ ~ det~ by ~e .Mmhi- t~t on thc b=~ of ~ombM e~n~mr~ md savm~ of · o~ pe~o~ing the Wo~ attributable to ~e ch~ge. ~clud- rog, in ~e of ~ incr~e m ~e Con.ct Mlo~ce for overbid ~d profit. M su~ ~. md ~ under C~e 7.3.3.3, ~e Confine:or $~ k~ md prat. M such fo~ = the Mchit~ may probe, m itm~ accounting ~oge~h~ with appcop~{e sup~mng ~m. Unl~ provided m ~e Cont=~ ~men~. ~ ~h~ fi~p~ph 7.3.6 shMl ~ ~i{~ ~o ~e lo,owing: .1 cos~ o~ labor. ~duding so~ .2 cosu of mater~, suppli~ md eq~pmcnL .5 addition~ c~ of su~'b~n ~d fidd office ~on- nei dire~ly attributable to ~¢ ~7.3.7 P~ng finM d~e~ma~on of co$¢ to ~e Owner. ~oun~ not ~ d~pute ~y ~ included ~ App~mfiom for Paym~t. ~e ~ount of ~e~[ to ~ ~ow~ by ~e Contmc- C~<d by ~e Architect. When both ad~tio~ ch~ge, ~¢ Mlow~ce r~r overbid md profit s~ ~ fi~red on ~e b~ of n~ mcr~e, if ~y, wi~ r~¢x ¢o that ch~ge. i~tely md 5~1 ~ ~ordcd by p~Uon ~d tion of m appmpmte ~ge Order. A201-1987 15 7,4 MINOR CHANGES IN THE WORK ARTICLE 8 TIME 8,1 D E~'-"'IN IT10 NS 8.1.1 Un Jess o(h¢~vise provided. Contr'.~c[ Time i5 thc pedod of ti~¢, including authorized 2diu~tments, afotted in the Con- tract Documents for 5ubsmntmJ Completion of the Work. 8.1.2 The da£e of commencement of the Work is the date established in the Agreement. The date shaft m:*t be ptostponed 8.1.3 The ~te tff Sub~t~t~ Completion ~ the ~tc ccmfied by the Arcgitect in accor~ce wi~ P~g~ph 9.8. m~ ~en~ ~y unl~ o~e~e s~ificafy defined. 8.2 PRO~ESS AND COMP~ON 8.2.1 Time I~i~ 5~ced in ~e Contact ~c~en~ ~z ~>f thc 8.2.2 Thc Com~ctor sh~ noi ~owin~y. ~xc~p[ by writing fin( I~s th~ rive ~ or other =gr~ ~n(~ befof~ commencing the Wor~ to ~it the timely filing of 8.2.3 Thc Contvactur sh~l pn~ ex~itiu~sly with adc- 8.3 D~YS AND ~IONS OF ~ME 8.3.1 If the C~)ntmctor ~ de~y~J at ~y time in prt)gr~s (ff thc 16 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contact Sum is stated in the Agreement :~qd. includ- '.,ufiotm potions of the Work, prepm-ed in such form ;md sup- shaf be u~ed as a basis for reviewing thc Cofltrac~or's App[ica- Subcontr'actots :md material suppliers, md reflec~.mg retamage 8.3.1.1 Such agplicntions may include requ~ts for p:~yme.qt on payment may simliafl.v be made for matem~ and equipment suitably stored off thc site at a l~y,-~atkm a~m~.'~d ul~)n in wdting. pmccdurc:s satLsthctnr,..' to thc Owner to ~cthlish thc Owner's provided in Subpzragraph ,~chit~t's obse~=tio~ at ~e si~e md ~¢ ~m comping App~ca~on for Pwment, ~ ~e WO~ ~ pro--ed to point ~ted ~d ~at. to ~e b~t of ~e .~it~'5 ~o~-i- edge. ~fo~adon md be~e~, q~w of ~¢ Work ~ ~ nccor- wi~ ~e Con~ ~m u~n 5ubs~t~ Compleuon. to rmul~ of sub,quit tram md ~o~. to ~or devmdom from ~e Contmcz ~mqm co~le prior to completion md to specie q~tio~ mxpr~ by t~e .gchite~. mpr~enmUon ~t t~e Contractor ~ enUded to ~ym~t m merit wtl not be a r~r~umtion ~t ~e .~qit~ ~ qu~ky or q~tity of ~¢ WO~. (2) ~viewed ~t~¢ion m~. mcCoY, t~hniqu~. ~quenc~ or p~cedur~. (3) md ~mt~ supplien ~d o~er eta reqummd by ~e O~er to subst~te ¢c Con~m~or's der to Fayme2t or (4) Sum. 9.5 DECI$1ONS TO WITHHOCD C~,~P, TIF1CAT~ON 9.5,1 The .~-chi[ect may decide not [o cema.: payment and by Subp~a~ph 9~.2 ~no( be made. ff ~e .~chitect is Subpa~gnph 9.4. l. [f ~e Cont~ctor md Mchi[ec~ ~no[ ug~ on a rev~ ~o~t, ~e M~it~ will pmmpdy ~u¢ ~ Cemficnte for P=ym~t for ~e ~oun~ for which ~¢ .~[~= ~ ~le to m~e such r~ntadom to ~e Owner. ~e Mc~i- sub~quendy ~over~ ~idence or sub~uen[ o~m[iom. may nufli~ ~he whole or a ~ o~ a Cemfl~e ~r ~ym~t previomly ~u~, [o such ~xten[ ~ may ~ n~ in ~e lng probubie t-fling of such cbims; withheld. 9,6 pROGR~ PAYM~S 9.6.1 .~er ~e ~hitcct ~ ~su~ a Ce~ifi~[e for PaymenL 9.6.2 ~e Cont~ctor s~ prompdy pay m~ Subcont~ctoc. ~n~d~. mfl~g percmmgm achy re~ from pa~ents o~ ~e WO~. ~e Cook,or s~. by appmp~te a~ment 9.6.3 ~c M~it~t w~, on ~umt, ~m~h to a Subcontno tot, ~ p~c~bie. ~o~on ~d~g ~rcenmg~ of com- pletion ot ~o~m app~ for by ~e Contractor md action ~en ~er~n by ~e .~i[~ md Owner on account of ~r- dom of ~e Wor~ done by such Subcon~or. 9.6.4 Nei~cr ~c Owner nor .g~it~ s~ We m ob~uon exert ~ may o~e~e be req~ by Nw. 9.6.5 Payment to matc~ supp~em s~l be ~t~ ~ a intoner s~i~ to t~t pmvide~ m Sub~p~ 9.6.2.96.3 md 9.6.6 A Ceai~te for P=~cnt. a pmgr~ pa>~t, or or e~tire ~e or occa~ of ~e Proiec= by the Owner 9.7 FAILURE OF PA~T 9.7.1 If ~e .~chit~: do~ not ~ue a Ccm~t~te for Payment. recap[ of b~c Contractor's Appli~tion for P%.m~t. or ff ~e [dl~ ~y ~e .~chlt~ or =w~ by ~i~on. ~en thc Con- tm~oc ~y. upon ~vm ad~tio~ ~ys' ~fi[te~ ~odc~ [o ~e ~ount o~ng ~ ~ ~v~ ~e Cont~t~ ~me s~ c~ded app~pm/ciy ~d ~c ~c: Sum sb~ be shu~o~ 'dew md s~-up, which sh~ ~ =c~mpl~h~ SU~TA~L ~MP~ON 9.8.1 5ubs~ Completion ~ ~e ~mge ~ thc pr~)gr~s of thc Wo~ when ~e Work or d~i~[~ ~mon thcr~f ~ su~fi- or co~[ed. ~e CommQor s~ p~ prompdy [o com- m~m. Upon ~=p~ of me Con~c;or's ~. me .~igect wtil m~e m ~pe~on to ~me wh~er me Wo~ or d~g- A201-1987 17 n;c~d potion thereof tot sh~, before ~ce of ~e Ce~te of Subs~ Com- ~o~er ~pe~on by ~e .~chi[~ to Completion. of Subs~[~ Compieson whi~ 5~ ~b~h ~c ~tc of Sub- o~c~c p~ovid~ m ~c Cc~fi~te of Subs~ Comple- tion. ~c C~ifi~tc of mitt~ to thc O~er ~d Conoco[ for ~J wfiR~ accep- 9.8.3 Upon Substantial Compleoon of the Work or de, ignored portion thereof 2nd upon ~ppliclfion by [he Contrlc~or ~rld certifi~rion by the .M'chitect. the Owner shall mike reflecring :ldjustrnenl iff reraln~g¢, if :uny. for such Work or [ion thereof as provided in [he Con[mci Documerlr8. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or p:u'- ,,rally completed pomon of the Work at any sr~g¢ wh~ portion is dcoignated by scpaxate a~nt with thc Contrac- tor, provided such occup~nQ' or ~ is coasented to by thc irssurer as rcquirod under Subparagraph l 1.3.11 and authorized by public authorities huYalg iurmdicr, ion over the Work. Such pm-'[l~l OCcup'a-rlc7 o£ u.~ ma?' comm,'lee whether Or not thc pomon is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to ~:ach of alcm for pa}When[s, ret2anage if any. dtv, malnt~n.ance, h~at urilitic~, damage to the Work and a-iSUr- once. and have ~ in writing concerning the pumod for cot- Icc[ion of [he Work and commencement of warranti~ required by [he Conr. mct Documents. When [he Conic[or considers a pordon subst=ndally complete, the Conwac~or shall pr~Far~ and submit a list to the .-~chit~:t as provided under Subparagraph 9.8.2. Con.sero[ of the Contractor to panini occu- pancy or usc sh~ not be unrc-asonably widah~id. Thc stage of the progress of [he Work shall ix: d~terrruncd by wrk[en men[ berw~n the Owner and Conwac[or or. if no agreement ee=ched, by deoslon of the A~chitcct. 9.9.2 Immediately prior to such parr. mi occupancy or u.~. the Owner. Contractor =nd Architect shall joinriy inspect the are-a to be occupied or portioo of the Work to be u.~d in order to 9.10 ~NAL COMPLETION AND RNALpAYMENT 9.10.1 Upon ..cc.-:pt of wnn~-n nouce ti~t the Work ts re=ay for firml mspec-.ion and acco-prat[ce and upon rccmpt of a final Appii~tion for Paymcrtt. doe .~chitcc~ wdl promptly make such m~pection and, when thc .~c2mtect find.~ the Work accept- abic ~der ~e Contract ~n~ md ~e Contac: ~y per- [o~cd, ~¢ ~chlt~ ~ promp~y ~suc a f~ Cc~t¢ Pa~t s~g ~t [o ~e ~t of ~e .~it~t's ~owlcdge, mfo~uon ~d b~cf, ~d on ~c b~ of ~c .~t~t's obs~aUo~ ~d ~o~. ~e ~o~ ~ b~ completed ~ m~m ~d ~ ~c ~ ~c~ fo~d to be duc ~c Con[mc- tot ~d not~ m ~d ~ Ce~tc ~ duc ~d pa~bic. Thc precept [0 ~ Contractor'5 b~g Chided [o ~ have ~ ~cd. 9.10.2 Neither ~l ~.ymcnt nor any remaining it'.tuned percentage sh~ ~omc duc ~ ~e Con.nor mb~ to · e .~t~ (1) m ~vit ~t ~, b~ far ~ ~d ~uipm~t, ~d o~ mdch[~ ~ed ~ ~ Work for whi~ me O~ or mc O~er's pm~ mi~t be ~mthlc or ~d (1~ ~o~ ~d by 0~) have b~ ~d or o~e~e ~fi~. (2) a create ~id~c- prior wnrtm noac: ~ b~ ~v~ ~o ~c Owns, (5): mq~ by ~c Con:~ D~m. (4) corot of s~:~, if ~y, ~o ~ p~[ ~d (5). if r~ by ~c O~er. o~er m such fo~ ~ may bm d~i~[~ by mc Owner. I~= Su~on- tabor m~ ~o ~h = rel~ or wmve: mquk~ by the Owner [o ~d~' ~ O~cr :~[ suaq ~cn. ff such r~ ~a~fied ~er pa}~ ~e made, ~¢ Cootmc~or s~ ee~d to ~e O~er ~ money ~ the Owner may be ~mp~ to ~y ~ ~g m~ 5eh, mciu~g ~ cosa ~d ~[e aaomeys' fe~. 9.10.3 It'. a~ter Subscmtial Completion of the Wot'~ fin=l com- plcuon thereof is a!~tcri:ffiy de!uyc-xl through no ~ult of the Contractor or by issuance of C~rmnge Orders a~fechng ffru~ compleiion, and thc .-~'chit¢c~ so con,~ms, thc Owner shall, upon application by [he Cunt~xctor and certification by [he .~-r. hirorx, and without Ierrnirmting the Contract. make payment oi ~1~¢ balance due ior ri'tat pordon of [he Work fully completed and accepted. II' the remaining baJance for Work not fi. dly com- pietu~l or correxxed is less [han ~lmnnge stipub, text in ale Con- trac~ Dooiment~. and if bonci~ have ~ l~hed, ale written cortscnt of surety co payment of the balance due for thai por- oon o[ [he Work/ally compl~ed and aceept~:l shall be submi~- ~e~l by the Contm~or ~o [he Archkec~ pnor to eertlflcasion Of sarah payment. Such payment shall be made under ~erms and conditions 8ovem~ng ~n~ paym~nl, ~xc~pt d~t it sh~l no[ cortstitute n wmver oi claims. The making or' ~.~1 payment shall constitute a WaivLr o~ drarrts by ale Owner as provided in Sub- parr, graph 4.3.3. 9.10.4 Acceptanc: of final puvm~-nt by ~c Contractor. a Sub- ~ by ~t p~v~ ~c~t ~o~ p~o~ty ~de in md id~mi~ by ~ ~y~ ~ ~ at ~e :~c of f~ .~p~on ~r ~?~ Such ~vc~ s~ ~ ~ :d~on to ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY pRECAUTIONS AND PROGRAMS 10.1.1 The Cont.~ctor shall be responsible for initiating, mare- taming and supervising all safety precautions and programs in connection with the performance of the Contract. marerml reasonably, believed to be asbesros or polychformated biphenyl (PCB) which has not bee~ rendered harmless, the Contractor shaft immediarely stop Work in the area affected and report the condition to the Owner and .~'chitect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor il' in fact the material ks asbestos or polyci'flormared biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or poiychinn- nared biphenyl (PCB), or when it i~ been rendered harmless, by written agreement of the Owner and Contractor. or in accordance with f'mal determination by the ,~chitect on which arbitmtinn has not been demanded, or by arbitration under .:,nicie 4. 10.1.3 The Contractor shall not be required pursuant to .~ticle 7 to perform without consent any Work relaung to asbestos or polychlorinated biphenyl {PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold hm-mless the Contractor. M'chitect, .&rchi- tect's consultants and agents and empioyee~ of any of them from and against ctmms, 'damage~, losses and expenses, includ- ing but not limited to attorneys' l'eea, ansmg out of or resulting from performance ol"the Work in the affected ax~a if in fact the materia~ is ~sbestos or polychlorinated bipbenyl (PCB} and bas not Been rendered barrel,s, provided that such claim, damage, loss or expense ~s attributable to bodily iniury., sickness, dise:zse or death, or to injury to or destruction of tangible property (other than the Work itse!t) including Ioss of u$e resulting therefrom, but only to the extent caused in whole or in pact hy negligent acts or omissions of the Owner. anyone direr-dy or indirectly employed by the Owner or an:,x)ne for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense ks caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagcaph 10.1.4. 10.2 SAP~ t Y Of= PERSONS ~'NO PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, iniury or loss to: .1 employees on the Work and other peesons who may be affected thereby; .~ the Work and materia~ and eqmpmem to be incorpo- rated therein, whether in storage on or off the she. under care. custody or control of the Contractor or .3 other property at the stle or adiacent thereto, such as [re~. shrubs, lawns, walks, pavemerlts, roadways, stru~ures ;md u~iiues not de~nated for removal ~t> c'atton or replacement in the cour~ of con:~xuct~On. 10.2.2 The Contractor shall gwe notice~ and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities be'aC~g on safety, of pe~-'~ons or propecty or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Con~ract. re,on- able safegnard~ for safety and proteCUon, including posting danger signs and other warnings against hazards, promulgating safety, regulations and notifying owners md users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous maredaB or equipment or unusual metho&s are necessary for execution of the Work, the Contractor shall e.xecCase utmost care and cmTy on such activities under supervksion of properly qualified personnel, 10.~.$ The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance cequired by the Contract Document) to property, referred to in Clauses 10.2.1.2 and 10.2.1.3 mused in whole or in pact by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them. oc by anyone for whose acts they may be liable and for which the Contractor ks responsible under Clauses I0.2.I.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or AzchJtect 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 Paxagraph 3.18. 10.2.8 The Contractor shaft designate a respoosible member of the Contractor's organization at the site ~'hose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwkse designated by the Contractor in writing to the Owner and Architect. 10.2.? The Contractor shall not load or perm:[ any part of the construction or site to be loaded so as to endanger its safety. 10.3 10.3.1 in an emergency affecting safety' of persons or property, the Contractor shall act. at the Contractor's di.~rction, to pre- vent threatened 'damage, inim'y or loss. Addinon:fl compensa- tkm or extension of time c 'laimed by the Contractor on account of a~'~nergency shaft be determined as provided in Paragraph 4.3 ~nd Article 7. ART1CLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIA$1Lr~ INSURANC~ 11.1.1 The Contractor shall purchase from and mamman in a company or companies lawf~ly authorized to do business in the iurksdk'tinn in which the Proiect is located such insurance as will protect the Contractor from c.taims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed hy any of them, or by anyone for whose acts any of them may be iD. hie: ,1 'dauns under workers' or workmen's compensation. dLsability benefit and oth~ similar emptoyee benefit acts which axe applicable t~ the Work to be performed: .2 clau'ns for damages be~cause of bodily injury, occupa- .3 claims for dan~ges because of bodily injury, sickness or dise~e, or death of any person other than the Con- .4 claims for damages insured by usual personal injury llabfli~ coverage which m'e sustained (1} by a person employment of such person by thc Contractor. or (2) by another person; ,S claims for damages, other than to the Work itself. because of iniury to or destruction of tangible prop- erty, including loss of u.se resulting therefrom; .8 claims for damages because of bodily injury., death of a person or property, damage arising out of owner- .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3 18. 11.1.2 The insurance required by Subparagraph 1 l. 1. ! shall be written tk)r not less than limits of liability specLtied in the Con- drama-made basis, shall be maintained without interruption from date of commencement of the Work until date of t'mal payment and termination of any coverage required to bc main- talncd 0.ftcr final payment. 11.1.3 Certificate~ of Ir~urance acceptable to the Owner shall These Certificates and the insurance policies required by this Paragraph Il.1 shall contain a provision that coverages afforded under the policies will not be cancelled or Mlowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with rea.sonable promptness in accordance with the Contractor's information and 11.2 OWNER'S !.lABILITY INSURANCE 11.2.1 The Owner shaft be responsible for purch~ing and maintaining the Owncr*s usual Uability L,~urancc. Optionally, thc Owner muy purch'z~c and ~r,-~n other insurance protecuon al~anst cL~r~ which may ~ from operations under thc Contract. The Contractor shall not be responsible for purchasing and mmmaining this optional Owner's liability 11.3 PROPERTY INSURANCE 11.3.1 Unless otbe~,,~e pn~vi,Jcd, the Owner shall purchase are benedc=ries of such insurance, undl final p'ayment 'h~ been made ~ provided tn Paratp'aph 9.10 or un~.l no per,on or enri~ other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perds of f'Lre and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work. temporary buildings and debb5 removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's service~ and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty in.sur-ance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractots in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance a.s described above, without so hotly'lng the Contractor, then the Owner shall beg all reason- able costs properly attributable thereto. 11.3.1.3 if the property, insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntat3- deduc- tible amounts, the Owner shall be responsible for payment of the additional cost5 not covered because of such inereused or voluntary deductibles. If deductibles ate not identified in the Contract Documents. the Owner shall pay costs not covered because of deductibles. 11.3.1,4 Unless otherv.-ise 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 vMue established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machineD- insurance required by the Contract l~:cuments or by lam-. which shall specifically cover such insured obiects during installation and umiI final acceptance by the Owner; this insurance'sh'all include interests of tile Owner. Contractor. Subcontractors and Sub- ~ubcontractors in the Work. and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner. aC the Owner's option, may pure 'base and maintain such insurance as ~'ill insure the Owner a~alnst loss of use of the Owner's property due to fire or other hazard& however c-au~:d. Tile Owner waives all rights of action against the Contractor for loss of of the O~ner's property, including consequential losses due fire or other hazar~Ls how<vet caused, 11.3.4 If the Contractor request5 in writing that insura, nce for rislcs other than those described herein or for other special haz- ards be included in the property, insutance l:x}llcy, the Owner shall, if possible, include such insurance, and the cost thereof shall be chtaged to the Contractor by appropnatc Change Order. 11.3.5 If during the Project constroc'dou period the O~er i~ proxies, r~ or ~o~ or ~, adjo~g or adja- cent to ~e site by p~pc~ ~u~ce ~er ~oes ~re from ~o~ ~g ~e Proje~, or ff ~er ~ pa~t prop- e~ ~umce ~ to ~ p~vid~ on ~e complet~ Proj~ ~rou~ a ~ or ~Ecim o~er ~m ~o~ ~g ~e Pro~- ect dung ~e com~caon ~, a~m ~ accor~ce wi~ ~e rem of SuOpm~ph 11.3,7 for ~ag~ m~ ~y fire or o~er p~pe~ ms--ce. ~ ~p~te ~licim s~ provide w~ver of sub~Ooff by endo~m~t or o~e~e. 11.3.6 Before an exposure to loss may occur, the Owner shall {'de with the Conumctor a copy of esch policy that includes insurance coverages required by this Pazagraph 11.3. Each policy, shall contain all generally applicable conditions, defini- tions, e_xclusion5 and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' pdor wdt- ten notice has bet-n given to the Contractor. 11.3.7 Waiv~m of Subrogation. The Owner and Contractor waive all rights against (1) esch other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the A~chtrect, Architect's cortsuJrants. Separate contractors descdbcd in .-%rdcle 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employe~, for damages mused by fire or other perils to the ~xtent covered by property insurance obtained pursuant to this Paragraph ! !.3 or other property trtsurance applicable to the Wo[k. except such rights as they have to proceeds of such insurance he_id by the Owner as fiducim-v. The Owner or Contractor. as appropriate. shall require of the Mchirect, Architect's consultants, separate contractors described in .%x~icl¢ 6. if any, and the suhcontrac- tbrs. sub-subcontractors, agents and employees of any of them. By appropriate agreements, written where legally required for validity, similar waivers each in favor of other par~ies enum- erated herein. The policies shall provide such waivers of subro- garion by endorsemem or otherwise. A waiver of subrogation shall be effec-dve as to a person or entity even though that per- ~on or entity would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurmace premium directly or indirectly, and whether or not the person or enritT had an insurable interest in the property, damaged. 11.$.8 A loss i.,',.$ured under Owner's propere,.' insurance shall be adSusted by the Owner as fiduciary, and made payable to the Owner as fiduciary for the insured$, as their interests ma)' appear, subiect to requirements of any applicable mortgagee clause and of Subparag~ph I 1.3.10. The Contractor sha~l pay Subcontractors their just shares of insurance proce~ls received by the Contractor. and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a par~y in interest, the Owner as fiduclao' shall, upon OCcurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged agmnst proceeds received as fiduOary. The Owner sNail deposit in a Separate account pro- ce~ds so received, which the Owner shall dismhure in accor- dance with such agreement as the pintoes in interest may re=ch. or in accordance with an arbitration award in which case the procedure shall be as provided in Par~gr,_ph 4.5. if after such loss no other special agreement is made. replacement of dam- aged property, shall be covered hy approprt2tc (~ge Order. 11.3.10 The Owner as fiduciary, shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall obiect in writing within five days after occurrence of loss to the Owner's exercJse of this power; if such objection be made. arbitrators shall be chosen 35 provided in Paragraph 4.5. The Owner as fiducm-,'y shall, in that c~se, make settlement with insurers in accordance with direr/ions of such arbitrators. If distribution of Lnsurance proceeds by arbitration is required, the arbitrarots will direct such distribution. 11.'4.11 Partial occupancy or use in accordance with Paragraph 99 shall not commence until th& insurance company or corn- pan:es providing property, insurance have consented to such pm'ti.al occupancy, or use by endorsement or otherwise. The Owner and the Contractor shall take re~onable steps to obtain con.sent of the insurance company or companies and shall, without mutual wdtren cortsent, take no action with respect to pm[iai occupancy, or ttse that would cause cancellation, lapse or reduc-Aon of insurance. 11.4 PERFORMANCE BONO AND PAYMENT BONO 11,4.1 The Owner shall have the dght 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 sl:~cific311y required in the Conu'act Documents on the date of execurion of the Contract. 11.4.2 Upon the request of any person or entity appe~ing to be a potential beneficmrY of bonds covering payment of obliga- tions a~ising under the Contract. the Contractor shaJl 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 [k,x.'uments. it must. if required in writing Dy the Architect. be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Arc3~Rect has not specific',lly request,zd to observe prior to its bc~ covered, the .-%xchitect may request rd see such Work and it shall be uncovered by the Contractor. [f such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order. be ch~ged to the Owner. If such Work S not in accordance with the Contract Documents. the Contractor shall pay such costs unless the condition was caused by thc Owner or a separate contractor in which event the Owner shall be responsible tbr payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall prompdy correct Work r~jected by the A~chirect or fairing to conform to the requirements or' thc Contract Ek)cuments. whether observed before or al%r Substantial Completion and whether or not Pahricated. installed or completed. The Contractor shall bear costs of correcting such relected Work. including additional testing and inspec- tions and compensation for th6 Architect's servmes and e.xp~ made necessary thereby. 12.2.2 If. within one year a~er the date of Substantial Comple- tion of the Work or di~ignated portion [hereof. or ai~er the date AIAs '~'ED~9~THEAMF-ElC-&N~l~sTTT~d-~FARCHlT`E~T~T~5NEWY~RKAVF-~L~E~N~`~wA5H~NGT~N~D~C~Z~ A201-1987 21 for commencement of warr~ties established under Sub- parag~ph 9.9.1, or by terms of an applicable spedal warramT 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 prompfly after receipt of written notice from the Owner to do so ucdess the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be ~ctcndcd with respect to portions of Work first performed a~ter SubstantiM Completion by the period of ~rne between Suhstan- tim 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 Contract. The Owner shall give such notice promptly after di~- cove~y- of the condition. 12.2.3 The Contractor shall remove from the site [2onions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fall5 to correct nonconforming Work within a reasonable time, the Owner may cor~ct it in accor- dance with Paragraph 2.4. tf the Contractor does not proceed with correction of such nonconforming Work within a reason- abm time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense, ff the Contractor doe~ 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 mareriM$ and equipment at auction or at private sale and shall account for the proceed5 thereof, after deductiEg costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's sera'ices and expenses made necessary thereby, If such proceed5 of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payment5 such amount, the Contractor shall pay the difference to ~e Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or pariiMly completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which i5 not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to e$tahii~h a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Estahlishment of the time period of one year as described in Subparagraph I2.2.2 relates only to the specific obligation of the Contractor to correct the Work, and 'has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced. nor to the tn'ne within which proceedings may be commenced to establish the Contractor's [Lability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not m accordance with the requirements of the Contract Documents. the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment ha$ been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract sh~ be govemed by the law of the place where the Project is located. 13.2 SUCCF. S~:~RS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, :~ssigns and legal representa- Lives to the other parry hereto and to panners, successors, assigns and legal repr~entatives of such other parw 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 nevertheieas remain legally responsible for all obligations under the Contract. 13.3 WRll i'H_N NOTICE 13.3.1 Wdtten notice shall be deemed to have been duly served if delivered in ~.~n to the individcml 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 reg~tered or certified mail ro the last busin~.s address known to the party g~ving notice. 13.4 RIGHTS ANO REMEDIES 13.4.1 Duties and obiigstions imposed by the Contract Docu- ments md rights and :emedies available thereunder shall be tn addition to and not a iimitation of duties, obligations, rights and remedies otherwise imposed or ava~LabM by law. 13.4.2 No action or ~aLiure to act by the Owner. Architect or Contmcror shall constitute a v,'mver of a tight or duty afforded them under the Contmc:. nor shall such action or failure to act ct)nstiture approval of or acquiescence in a breach thereunder. except as may be spedfically agreed in writing. 13.5 TESTS AN[:) INSPECTIONS 13.5.1 Tests. inspections and approvals of portions of the Work required by the Contract Documents or by 'laws. ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arr"J~gements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner. or with the appropdare public autho~ty, and shall bear all reLated costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bid5 are received or negottations concluded. 13.fi.2 If the Architect. Owner ot public authoruies having jurisdiction determine that pordons of the Work require addi- tional te~tthg, inspection or approval not included under Sub- paragraph l 3.5.1, the .&rehitec[ will. upon written author~ation from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity aco.-ptable to the O~mer. and the Contractor shall give umely notice to the A~chirem of when and where teats and inspecuons are to be made so the .~-chirect may observe such procedures. The Owner shall bear such costs except ~ provided in Sub- paragr2ph 13.5.3. 13.5.3 It' such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the pomons of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear ag. costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required cer~i}icates of testing, inspecuon or approval shall, unless otherwtse required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Mchirect 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 prompdy to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or. in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOO 13.7,1 ,-~ between [he Owner and Contractor: .1 Before Substantial Completion..~ to acts or f~ures to act occurring pdor to the relevant date of Substan- tial Completion. any applicable statute of limitations shall commcwice to run and any -.lfleged cause of ;legion shall be deemed to have accrued in any and all events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. A~ to ax'ts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable stature of limitations shall commence to t'-an and any alleged cause of action shall be deemed to have accrued in any and all events not Eater than the date of issuance of the final Certificate for Payment; and .3 After Final Cerltflcate for Payment. a~ to acts or fmIures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- Cah[e statute of limitations shall commence to run and any alleged cause of actkm shall be deemed to have accrued in may and ',Il events not -later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date o f any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2. or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 daw 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 rea.sons: .1 issuance of an order ora cour~ or other public author- iq, having jurisdiction; .2 an act of govemment, such as a declaration of national emergency., making material unavailable; .3 bemuse the Architect ha~ not issued a Certificate for Payment and has not notified the Contractor of the' re:tson for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Docttments; .4 if repeated snspensiorts, delays or interruptions by the Owner as described in Pazagraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days .w. heduled for completion, or 120 days in any 365-day period, whichever is tess; or .5 the Owner h~ failed to furmsh to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2. I. 1~.1.2. [f one of the above reasons ex:sts, the Contractor may, upon seven additional days' written notice [o the Owner and .~'chirect, termirmte 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 re35onahle 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 employe"~ or any other pewans performing portions of the Work under contract with the Contractor bec=use the Owner has persistently failed to folflll thc Owner's obligations unde.,[ the Contract Documents with respect to matters im~}r- tanr~o the progress of the Work, the Contractor may, u~m sev&n additional days' written notice to he Owner and the Mchitect, terminate the Contract and recover from the Owner as provided in Subparagraph I-LI.2. 14.2 /t=N~INAT1ON BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract. if the Contractor: .1 persistently or repeatedly refi~es or falls to supply enough properly skilled workers or proper materLMs: .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Suhcomractots: .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having iuns- diction; or .4 otherwise is guilty of substantial breach ora provtsion of the Contract Documents. 14.2.2 When any of the above nm.sons e.x~t, the O~rner, upon certification by the .~'chitect d:mt sufficient cause exists to ins- tify such action, may without preiudice to ;my other dghts or remedies of the Owner and after giving the Contractor ;md the Contractor's surety., if :my, se~en days' wri£ten notice, termi- pdor fights of the sure~y: .1 r;~ke possession of the site and of ~i matermis, equip- graph 5.4; and .3 £mish the Work by whatever teeksormble method the 14.2.3 'When the Owner tefmkmltes the Contract for one of the reasons stated in Sub[raragraph 14.2. l, the Contractor shaft not finished. 14.2.4 If the unpaid balance of the Contract Sum exce.~ds costs of finishing the Work. including compensation for the Archi- unpaid balance, the Contractor sh:~l pa?' the difference to the Owner. The amount to be prod to the Contractor or Owner, as the case may be, shall be cert/fied by the Architect, upon appli- cation, and this obfigation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.a.2 An adjustment shall be made for incres5~ in the cost of perfotmm~ce of the Contact, 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 eqditaDie adjustment is made or denied under another proviSion of this Contract. 14.3.3 Adinstments made in the cost of [:~rt'ormance may have a mutually agreed fixed or percentage 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, su, bparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 11.1.2 ADD: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. the ... The Contractor sha~ furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Restroom Facilities: G-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations. 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 period. 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: Restroom Facilities: G-2 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) 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. and any admittance or IN WITNESS WHEREOF, th~ undersigned corporation has caused this agreement to be signed by its affixed and duly attested by its this and its corporate seal to be hereto .~day of ,19 __ Attest: Principal: Restroom Facilities: H-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for DEMOLITION OF EXISTING RESTROOMS AND THE CONSTRUCTION OF NEW RESTROOM FACILITIES. at KLIPP PARK BEACH MANHANSETT AVENUE TOWN OF SOUTHOLD GREENPORT, NEW YORK 11944 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. THE PREVAILING RATE SCHEDULE HAS BEEN ATTACHED HEREIN AND IS PART OF THE SPECIFICATION. Restroom Facilities: J-1 NI ~ORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 1999A Date 08/24/99 TOWN OF SOUTHOLD dAMES RICHTER TOWN HALL PO BOX 1179 SOUTHOLD NY 11971 PRC 9906999 SUFFOLK COUNTY Location and Type of Project PROdECT ID #: NONE CONSTRUCT NEW RESTROOM FACILITY AT NORMAN KLIPP PARK, MANHASSETT AVENUE SUFFOLK COUNTY hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROdECT WHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article 8 of the NYS LaDor Law, which provides schedules with the Department having jurisdiction. This schedule is effective from duly 1, 1999 through dune 30, 2000. A new updated schedule will automatically be mafled to you each duly I until we are notified that the project is completed or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF dURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this project, enter the necessary information and return this page to Bureau of Public Work, Bldg. 12, Rm. 130 SOBC, Albany, NY 12240. ~ PROUECT HAS BEEN COMPLETED/CANCELED: Signature Title For additional information, contact our local District Offices: Albany (518) 4B7-2744 Btnghamton (607) 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-4878 New York Ctty (212) 352-6088 Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 798-2314 White Plains (914) 997-9507 PW-200 (6-98) 'NTRACT REQUIREMENTS (See Sections 220.3, 220.5) laborers. (See Section 220.3-a) or provided the prevailing wage and supplement rate ?or the as well as of the appropriate ratios and~age and supp]ement apprentices on the contract work. (See'Section 220,3-e) (a) relates. (See Section 220-e(a)) (b) disability, sex or national origin. (See Section 220-e(b)) (c) provisions o? the contract. (Section 220-e(c)) ATTENTION: CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROUECTS IN NEW YORK STATE WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall De not where the work is performed. If a prevailing rate schedule for the project has (i.e., the governmental entity awarding the public work contract), or to a work, the following: i. Name 2. Address and phone number 2. Social Security Number, 4. Occupational classification in which worked, 5. Hourly wage rate paid 6. Supplements provided 7. Daily and weekly number of hours worked in each classification 8. Deductions made 9. Actual wages paid. When payroll records are requested by the Commissioner, each payroll record must be affirmed as true State and the amount of the contract exceeds $25,000. All other contractors and WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added et the rate then in effect prescribed by the Superintendent of Banks pursuant to section 14-a of the banking law per annum from the date of underpayment to the date of the new payment, and may also include the imposition of a civil penalty not to exceed 25% of the amount due. NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. It is the responsibility o¢ the contracting agency or its agents to PW-202 (4-95) doom: letterd REGISTRATION APPRENTICES The New York Labor Department is the official registration agency for All registered apprentices in New York State are individually registered by This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, dob Service and Training Division, Building 12, State Office BuildingCampu8, Albany, New York 12240. The only conclusive proof 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. PW-203 (7-99) NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 TOWN OP SOUTHOLD Schedule Type COMPLETE 1999A Date 08/24/99 JAMES RICHTER TOWN HALL PO BO× 1179 $OUTHOLD NY 11971 SUFFOLK COUNTY AGY. OF JURIS* : TOWN NAT. OF PROJECT: NEW BUILDING Prevailing Rate Case No. 9906999 O1 PROJECT ID #: NONE CONSTRUCT NEW RESTROOM FACILITY AT NORMAN KLIPP PARK, MANHASSETT AVENUE Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith, Sec.220.3a of the Labor Law requires that cedain 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 bidder 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 [] Pro ect CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements w be requested. [] CONTRACT AWARBED: (check one and indicate date of first legal instrument which bound agency to contract.) I-'lLetter of intent []Contract Signed r-iResolution. Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE BI~411 General Construction ~](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 Bate Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) BI~I General Construction BI~IOtherHeating/Ventilati°n Plumbing Signature [] (03) Electrical Date [iling Rate Schedule New York State De me f Labor .................................. Case Number .................................. 9906999 SUFFOLK 1999A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. is in addition to payment of the required prevailing rate for the work actually 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 Particular attention should be given to the supplemental benefit work is performed) and/or may require supplements to be paid or provided at a EFFECTIVE DATES attention should be directed to the date above the column(s) of rates. This is department of jurisdiction is required to provide a copy of the current annual WORKERS COMPENSATION ~ shall maintain coverage under the life of the contract for the benefit of such Page 3 F ailing Rate Schedule New York State Deb. tment of Labop .............................. Case Number 9906999 SUFFOLK 1999A F G H K L N 0 P Q R noted HOLIDAYS PAID performed. OVERTIME Following is an explanation of the code(s) listed in the HOLIDAY section of .................................. Case NumDer .................................. 9906999 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ 33.00 Boilsrmaker ( 8-hour day ) ............. 34.95 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE for 7-hour day. See ( D, 0 ) on OVERTIME PAGE For B-hour day. HOLIDAYS: PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. OVERT[ME: 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 60% 65% 7o% 75% SUPPLEMENTAL BENEFITS: 5th 6th 7th Bth 80% 85% 90% 95% (per hour worked) $ 3.96 of wage rate 4-5 CARPENTER ~AGES(per hour) 7/01/1999 Millwright ........... $ 31.58 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See PAID: See OVERTIME: See 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices B, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE, APPRENTICES: ( 1 1st. 2nd. 3rd. 4th. 55% 85% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 23.89 Appr 1st term 15.g4 Appr 2nd term 17.35 Appr 3rd term 19.42 Appr 4th term 21.53 9-740 CARPENTER Page 7 F ailing Rate Schedule New York State Dep¢,'tment of Labor ............................. Case Number 9906999 SUFFOLK 1999A PAID: See ( 5, 6, 10. 11, 13, 16, 18, 19 ) for 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) Timberman ......... $ 7/01/1999 28.35 OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16. 18. 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 13, i6, i8, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I 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. 9-1596H CARPENTER The following Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/t999 SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER WAGES (per hour) 07/01/1999 Building: Carpenter ............... $ 29. 13 Heavy/Highway: Cacpenter ............... $ 29.13 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: Page 9 .................................. Case Number .................................. 9906999 SUFF0LK 1999A 95% 45% 6o% 8o% SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 17.21 Appr 2nd term 10.07 Appr 9rd term 11.14 Appr 4th term 12.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/O1/1999 4/29/2000 Electrician ............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 35.25 Audio/Sound ............ 34.25 35.25 OVERTIME PAY: See ( B, O, V** ) on Overtime Page. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/O1/1999 4/29/2000 SWING SHIFT 4:30 P.M.tO 12:90 A.M ..... $ 40.19 $ 41.36 GRAVEYARD SHIFT · 12:90 A.M.to 8:A.M ........ 45.O1 46.93 HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage, 1st 2nd 9rd 90% 95% 40% on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. 50% 60% 70% SUPPLEMENTAL BENEFITS: (percents based oq gross w,~es-others per hour) 7/01/1999 4/29/2000 dourneyman 49.5% + 43.5% + $ 5.43** $ 5.49** App 2nd yr 15% + 15% + App 3rd yr 43.5% + 43.5% + $ 5.43-* $ 5.43** Page 11 F ailing Rate Schedule New York State Depfrtment of Labor .................................. Case Number .............................. 9906999 SUFFOLK 1999A ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, WAGES (per hour) 7/01/1999 Electrician $ 27.30 OVERTIME PAY: See ( B, H, ) on OVERTIME RAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE, APPRENTICES: ( I ) year terms at the following wage. 40% 50% 60% ?0% 8o% SUPPLEMENTAL BENEFITS: (per hour worked) 4-25m 7/01/1999 01/03/2000 12/30/2000 01/06/2002 OVERTIME: See ( 5, 6, 8. 9, 10, 11, 16, ) on OVERTIME PAGE. 4+1049 IRONWORKER WAGES(per hour) ?/01/1999 Page t3 · lng Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906999 SUFFOLK 1999A Chain Link Fence ....... 34.04 Guiderail Installation. 34.04 OVERTIME PAY: See ( A, D1, E*, Q, V ) on OVERTIME PAGE. *Double time after 7 hours on Saturday. HOLIDAYS: PAID: See ( I ) 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. 5th. 6th. 60% 65% 70% 60% 85% 95% SUPPLEMENTAL BENEFITS:(peP 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 5th term 17.48 Appr 6th term 18.00 9-580 LABORER WAGES (per hour) 7/01/1999 Building Laborer: Except Abatement ...... For Abatement See Below $21.28 + $1.59 addit.(Allocation to be determined) OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.98 Abatement Only: ................ $ 22.00 Supp]emental Benefits ( per hour worked ) ............ $ 4.00 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters, Group # 2: Asphalt Shovelers, Rolier Boys and Tampers. Page 15 F ailin9 Rate Schedule New York State Dep~, tment of Labor ................................ Case Number .......................... 9906999 SUFFOLK 1999A WAGES(per houP) 7/01/1999 Building: Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of dourneyman's wage. -- 1st 2nd 3rd 4th 5TH (500 Hfs) 6TH (500 Hfs) 50% 60% 7O% 8O% 90% 95% SUPPLEMENTAL BENEEITS:(peP houp worked) dourneyman $ 15.46 Appr 8.28 9- lBPk MASON-Building Unit Paving Work* WAGES(per hour) 7/01/1999 8/01/1999 dourneyman .............. $ 23.72 Apprentice ( one year term ) .... 20.07 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hOMP worked) dourneyman $ 10.76 Appr 5.98 PLASTERERS - SKIMCOATING WAGES(per hour) 7/01/1999 addit. .70/hr. 9-1PaveP douPneyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Page t7 ~ Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906999 SUFFOLK 1999A APPRENTICES: wage. 1st 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ 14.14 9-780 MASON - Bui]din~ WAGES(per hour) Plasterer ............ $ 7/01/1999 29.27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of journeyman's 40% 60% 8o% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.2~ Appr 1st three months 0.00 All other Appr 12.2~ 9-202P WAGES (per hour) 7/01/1999 Building: Mosaic & Terrazzo Worker...$ 31.38 Helper...$ 90.07 OVERTIME PAY: See ( A, E, Q, V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 13.85 ............................. Case Number ......................... PAID: See ( 1 ) on HOLIDAY PAGE. 50% 60% 70% 80% 90% 90% SUPPLEMENTAL~BENEFITS;(pen hour worked) $ 22.64 9-197 WAGES(per hour) 7/01/1999 1/01/2000 Building: Marble Cutters & Betters ............. $ 33.73 34.88 OVERTIME PAY: See ( B, O, v ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen receive t/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, lB ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 7O% 80% 95% SUPPLEMENTAL BENEFITS:(peP hour worked) ~ourneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 WAGES(peP hour) 7/01/1999 Marble-Riggers, Crane & Derrickman...$ 27.72 1rl/2000 28.72 OVERTIME PAY: See ( c, O, V ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day fop Labor Day. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Page 21 .................................. Case Number .................................. 9906999 SUFFOLK 1999A 1st 2nd 3rd 4th 5th 40% 50% 65% 7~ ?5% SUPPLEMENTAL BENEFITS: (per hour worked~) dourneyman $ 15.63 $ 15.90 Appr 15t term 9.26 9.42 Appr 2nd term 10.34 11.07 Appr 9rd term 10,95 11.25 Appr 4th term 11,64 11.95 Appr 5th term 12.02 12.53 *Sunday and Holiday Benefits paid at Double Time rate. PUMP & TANK WORK dourneymen ................. $ 28.50 Overtime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, IO, 16 ) on Holiday Page. 1st 2nd 3rd 4th 40% 50% 60% 70% Supplemental Benefits ; per hour worked. dourneyman ................. $ 14.71 App. 1st yr ................... 6.06 App. 2nd yr ................... 7,37 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, 0, V ) on OVERTIME PAGE. ~ HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, B, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(peP hour paid) Page 27 ................................ Case Number ............................ 9906999 SUFFOLK 1999A SUPPLEMENTAL BENEFITS (per hour paid) dourneymen $ 15.15 Apprentice 8.65 9~15D-N/S CO. SURVEY CREW - Consultin9 Engineer CONSULTING ENGINEER SURVEY WAGES:(per hour) 7/01/t999 OVERTIME PAY: See ( B, E*, Q, v ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 5. 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, ii, 16 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the Following wage rates. SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9.55 Apprentice 6.?5 CORE DRILLING WAGES(pep hour) 10/16/1998 10/16/1999 Core Drilling: Driller .............. $ 22.23 addit. Helper ................ 18.72 $1.00/hr,¢Allocation to be determined) OVERTIME PAY: See ( B, E, K*, P, R** ) on OVERTIME PAGE. HOLIDAYS: PAIO: See ( 5, 6 ) on HOLIDAY PAGE. .................................. Ca~e Number .................................. 990B999 SUFFOLK 1999A Sb NOTi existi, CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw WAGES (pe~ hour) 7/01/1999 ............... $ 31.16. Class" C ". .............. 28,36* *Add $1.00 for Hazardous Waste Work ............... 24.99 Boom length over 100 foot add $ 0,~0 per hour 150 $ 0.75 250 $ 1.00 350 $ I,BO OVERTIME PAY: See ( O, 0 } on OVERTIME PAGE. HOLIDAYS~_L PAID: See ( 5, 6. 7, 8, 11, 16 ) on HOLIDAY PAGE.** **must work day before & day after, or receive 2 hours per intermittent day OVERTIME: See ( B, 6, 7. 8, 1t. 16 ) on HOLIDAY PAGE.** APPRENTICE ........ $ 16,89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 Note Note: OVERTIME dOURNEYMAN $ 22.40 Note OVERTIME APPRENTICE $ 8.40 -- APPRENTICE~ 13.04 Note 4-t38 HOLID,, P POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY% CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler. Boring Machine, Cherry Picker (over 50 tons), Concrete pump. Crane, Derrick, Oragline, Dredge. Gradall, Grader, Hoist Loadimg Machine (lO yd$ or mope), Milling Machine. Pil Driver, Power Winch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse Road Paver. Scoop-Carryall-ScrapeP in Tandem, Shovel, Sideboom Tractor. Sto~ Spreader (Self Propelled). Tank Work, Tower Crane Engineer,Track Alignment Page 29 Rate Schedule New York State Cepartment of Labor .................................. Case Number .................................. 9906999 SUFFOLK 1999A CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pul¥i-Mixer, Pumps, Roller (Dirt), CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower WAGES (per hour) 7/01/1999 25O $ l.O0 350 $ 1.60 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. 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 POWER EQUIPMENT OPERATOR - Heavy/HtRhway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete pump, Crane, Derrick, Cragline, Dredge, Case Number MARINE CONSTRUCTION WAGES (per hour) 7/01/1999 10/01/1999 $ 25.18 $ 25-?8 22.34 22.61 22.Ot 22.28 21.83 22,07 20.35 20.57 20.50 20.72 16.58 16.74 17.23 17.39 16.58 t6.74 Tug Boats: Class A: Tug Master ........... 22.69 23,09 Tug Chief Engineer,.. 21.10 21.47 C;ass C: Tug Captain .......... 22.69 23,09 Tug Engineer ......... 21.10 21.63 Class D: TuG Deckhand ......... 16.80 16.96 Dipper and Clamshell Dredges: Class A; Operator ............. Engineer ............. Class C: Matnt. Engineer ....... Mate ................. Boat Master, We]dec.. Boat Captain ......... Class D: Oife¢ ................ Deckhand ............. 25.64 26.26 22.83 23.12 21.83 22.07 20.35 20.57 21.49 21.74 20.50 20.72 17.23 17.39 16.80 16.96 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, t0, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, lO, i5 ) on Overtime Page The Co]lowing SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12 -ROOM 136 ALBANY, NEWYORK 12240 ********** CORRECTION July 6, 1998 This correction applies to the following counties: [ Nassau ~ Suffolk ELECTRICIAN - Telephone and Inte.qrated Tel-Data Systems: (Please contact the Bureau's Hempstead District Office at (516) 485-4878 concerning the use of these rates.) WAGES (per hour) 4/25198 to 4/30199 5101199 to 4/28/2000 Journeyman ....... $24.94 $25.69 Cable Puller ....... $8.42 $8.67 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ....... 39 % % + .52 40% + .52 Cable Puller ....... 29% + .52 29% + .52 NOTE: These rates do not apply to construction of new buildings or major renovation of an existing building. In those cases the inside construction or regular electrician rate applies. OVERTIME PAY: See (B, E, Q) on VACATION I~<~GE HOLIDAYS: Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE 4-25 Tel Telephone (518) 457-5589 · Page 1 FAX (518) 485-1870 STATE OF NEW YORK ~ BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ STATE OFFICE BUILDINr~ C~MP'J$ ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SUBMIq'rED SY: [] CONTP~ACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM 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) 3. SEND REPLY TO (NAME AND ADDRESS): TELEPHONE: ( ) PROJECT PARTICULARS Project TITLE a nd/or description of work to be performed Include contraCt identification number, if applicable 7. Nature of Project - Check One [] 2. AdditiontoExistingStruCture [] 3. Heavy and Highway Construction (New and Repair) [] 4. NewSewer otWaterline [] 5. Other New Construction (Explain) [] 6. Other ReconstruCtion, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract [] N Y State Units I~01 DOT []02OGS [] 03 DORMITORY AUTHORITY ~] 04 STATE UNIVERSITY CONSTRUCTION FUND 1~05 MENTAL HYGIENE FACILITIES CORP. [] 06 OTHER N.Y STATE UNIT [] 07 City [] 08 Local School District [] 09 Special Local DistriCt, i.e., Fire, Sewer, Water DistriCt [] 10 Village [] 11 Town [] 12 County [] 13 Other Non *N.Y. State (Describe) 4 SERVICE REQUIRED. Check appropriate box and provide projeCt information [] New Schedule of Wages and Supplements APPROXIMATE BID DATE [] Additional Occupation and/or Redet~ rmination PRC NUMBER ISSUED PREVIOUSLY FOR I OFFICE USE ONLY THIS PROJECT I 6. Location of Project: LO(ation on Site Route No~ltreet Address village or City Town Co~unty 8 .(~CUPATION FOR PROJECT [] Construction (Building. Heavy [] Guards, Watchmen Highway/Sewer/Water) [] Janitors, porters, cleaners [] Tunnelling [] Moving furniture and [] Residential equipment [] LandscapeMaintenance [] Trash and refuse removal [] Elevator maintenance [] Windowcleaners [] Exterminators, Fumigators [] Other (Describe} 9. Name and Title of Requester Signature OFFICE USE ONLY ~li~ Designations ~ali~ Designations 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 RELATING TO PUBUC WORK CONTRACTS i COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shah 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 read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national odgin 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) dollam for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in,is certification, the term 'segregated facilities" means any waiting rooms, work areas, rest rOoms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking 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 odgin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from preposed subcontractors for specific time pedods) he will obtain identical certifications from preposed subcontractors pdor to the award of subcontracts exceeding $10,000 which are not exempt from the previsions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Restroom Facilities: K-1 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 odgin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national 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 all qualified applicants will receive consideration for employment without regard to race, creed, color, or national odgin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and reports r~:iuired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Restroom Facilities: K-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of ~abor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reoorts 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 file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) 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 pdme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) (3) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend~the time for filing any report. The Director, the agency, or the applicant, on their own motions, may require a pdme 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 pdme 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, pdme contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part, Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Restroom Facilities: K-3 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 offeror 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 prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the represeniation, 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 pdme 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 pedod or such other period specified by the agency or the Director. A bidder or prospective pdme contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests pdor 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, pdor to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Restroom Facilities: K-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Eorm 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 otherwise entitled. The Grantee shall report all suspected or reported violations to the Granter Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is cor~pensated at a rate of not less than 1-1/2 times the basic Rate of pay for all h, eurs worked in excess 8 hours in any calendar day or 40 hours in the work'week. Sec. tion 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 safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Restroom Facilities: K-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. 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 circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportuni¥', 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, c~ed, 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. Restroom Facilities: K-6 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 odgin, 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 poste .d~in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin, Restroom Facilities: L-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with. the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as 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). Restroom Facilities: L-2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the demolition of the existing restroom facility. This will include the disconnection of all building utilities. All utilities, such as water service and septic waste lines shall be cut and capped as required for re-installation by the contractor to serve the new construction. All debris generated by this demolition work can be placed in a designated area of the Town Parking Lot for removal by the Town Highway Department. The work in this project also covers the construction of a new 12'x 20' one story restroom facility located at Klipp Park Beach, Manhansett Avenue, Greenport, New York, in full accordance with the contract documents. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of work. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS Ao The following will be provided by off)er: 1. The Owner will provide and pay for the following: A. Suffolk County Water Authority Fees & Permits. B. All related building permits. END OF SECTION Restroom Facilities 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. Applicable codes or ordinances of local governing agencies. National Fire Protection Association (NFPA) New York Building Code 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION Restroom Facilities: 1080-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Restroom Facilities: 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal'S, the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investig~lted proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becemes apparent. 1.04 APPROVAL OF SUBSTITUTIONS ~ A. All substitutions shall be approved in Writing prior to being ordered, fabricated or incorporated into the work. B. The Amhitect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Restroom Facilities: 1600-1 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests and no claims for additional cost related to substitution will be allowed. END OF SECTION Restroom Facilities: 1600-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 -SITE PREPARATION Part I - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B, Related Work Specified Elsewhere: 1. Earthwork 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 DEMOLITION: A. The existing restroom building shall be demolished and removed by the contractor. All water service and waste lines from the existing facility shall be capped for re-use by the new construction. The contractor shall be responsible for all connections to the existing utilities that are to remain. 3.03 DISPOSAL: A. All debris generated from the demolition of the existing facility shall be stockpiled in the Parking Lot in an approved location designated by the Town. This matedal shall be removed by Town Highway Personnell at no cost to the Contractor. B. Burning of matedal on the site will notre permitted. C. Removal of construction Debris: ~ 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. D. Dumping: 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Restroom facilities: 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material to be replace with controlled fill material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations ~occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Restroom Facilities: 2200-1 Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal Of materials beyond indicated subgrade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs and Paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under Walks, use satisfactory excavated or borrow material. 2. Under Building Slabs, use satisfactory borrow material. 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levCs or slopes between points where elevations are shown or between sucfi points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debds shall be disposed of at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Restroom Facilities: 2200-2 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part I - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related work Specified Elsewhere: 1. Masonry Accessories 2. Masonry 4150 4200 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACl 318 "Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adveCely affect concrete surfaces and will not impair subsequent treatments of boncrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air-Entraining Admixture: ANSI/ASTM 260. Restroom facilities: 3000-1 2.03 REINFORCING MATERIALS: A. Welded Wire Fabric: ANSI/ASTM A 185, Welded Wire Steel. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form-work to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slab to receive trowel finish. B. Trowel Finish: Apply trowel surface to all concrete slabs exposed to view. END OF SECTION Restroom Facilities: 3000-2 DIVISION FOUR - MASONRY All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part I - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work. B. Related Work Specified Elsewhere: 1. Masonry Accessories - 4150 2. Masonry - 4200 Part 2 - PRODUCTS 2,01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C 144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: ~ A. Mix mortar in strict conformance with ~anufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistence as can be necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re-tempered or used. C. Anti-freeze compounds and admixtures will not be permitted in mortar. END OF SECTION Restroom Facilities: 4100-1 DIVISION FOUR - MASONRY All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work. B. Related Work Specified Elsewhere: 1. Masonry Accessories 4150 2. Masonry 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C 144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSl at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: ~ A. Mix mortar in strict conformance with ~anufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistence as can be necessary. Mortar which has stiffened or in which the cementing matedal has started to set shall not be m-tempered or used. C. Anti-freeze compounds and admixtures will not be permitted in mortar. END OF SECTION Restroom Facilities: 4100-1 Section 4150 - MASONRY ACCESSORIES Part 1 ~ GENERAL 1.01 DESCRIPTION: A. Provide all Masonry Accessories. B. Related Work Specified Elsewhere: 1. Concrete 3000 2. Mortar 4100 3. Masonry 4200 1.02 QUALITY ASSURANCE: A. The following Manufacturers are acceptable: 1. Dur-O-Wall 2. National Wire Products Corporation. Part 2 ~ PRODUCTS 2.01 MATERIALS: A. Anchor Bolts, inserts, Etc. shall be as required by the work and as indicated on the drawings. B. Wall reinforcing at masonry walls shall be "Dur-O-Wall" or equal truss type with 3/16" diameter side rods and # 9 cross rods. Coating shall be ASTM A153 Class B hot dipped galvanized 1.50 ounce Zinc Coating. Prefabricated corners and tea's shall be used at intersecting walls and corners. Reinforcing shall be 1" less than nominal wall thickness. C. Provide compressible joint fillers at all control joints. D. Other Accessories shall be as indicated on drawings or as required. Part 3 - EXECUTION 3.01 INSTALLATION: A. All masonry accessories and reinforCing shall be installed as required or indicated on the Drawings. Care shall be taken when installing work not to damage or disturb the integrity of the masonry construction. END OF SECTION Restroom Facilities: 4150-1 Section 4200 - MASONRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete - 3000 2. Mortar - 4100 3. Masonry Accessories - 4150 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS -"CMU": A. All sizes and shapes shall be as required or indicated on the drawings. B. Hollow Load Bearing Units: ASTM C 90 C. All concrete units shall be fabricated with a light weight aggregate meeting ASTM C 331, and be cured by a single-stage high pressure steam autoclave at 365 degrees F at 150 PSI. Dry weight shall not exceed 84 # per Cubic Foot. 2.02 CLEANING AGENTS: A. Cleaning agent, when required, shall be "Sure Clean" or approved equal. Muriatic acid shall not be permitted. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural, plumbing and mechanical work in and around the masonry construction. Additionally, the Contractor shall take all necessary precautions to protect the masonry work from damage during construction. 3.02 iNSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints and provide a concave struck joint on all exposed CMU, unless otherwise indicated on the drawings. ~ B. Workmanship: All work shall be perf~'rmed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION Restroom Facilities: 4200-1 DIVISION FIVE - METALS All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all miscellaneous metals including, but not limited to the following: 1. Grab bar brackets. 2. Other miscellaneous metals as indicated or required. B. Related Work Specified Elsewhere: 1. Rough Carpentry 6100 2. Finish Carpentry 6200 3. Toilet & Specialty Accessories - 10800 Part 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B.Nuts & Bolts - ASTM A 325 C.Anchor Bolts - ASTM A 307 D.Machine screws - Fed. Spec. FF-S-92 E. Galvanizing - Hot-dip galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F.Paint - Fed. Spec. TT-P-86a, Type II. Part 3 - EXECUTION ,~ 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary pads necessary to complete each item, though such work in not definitely shown or specified, shall be included in this specification. Restroom Facilities: 5500-1 3.02 The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors,sockets,fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION Restroom Facilities: 5500-2 DIVISION SIX-WOOD & PLASTIC All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100 - ROUGH CARPENTRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all Structural, Non-structural, and miscellaneous wood framing, including, but not limited to the f9llowing: 1. Wood Roof Rafters. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathing and building papers. 4. All fasteners, mails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals 5500 2. Toilet & Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association 0NVVPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, Class, identification index, and inspection agency mark. ¢ Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln-dried to 15 percent maximum moisture content and be finished four side (S4S). Restroom Facilities: 6100-1 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Pressure Treated Lumber. 3. Blocking, furring, grounds and nailers shall be grade #2, Southern Yellow Pine. No grade #3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Pressure Treated Lumber. Plywood: 1. Roof sheathing: Standard with exterior glue - ½" thickness. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. Provide blocking, furring, backup, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim that shall be constructed as appropriate for intended use. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION Restroom Facilities: 6100-2 DIVISION SEVEN - THERMAL AND MOISTURE PROTECTION All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications, Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The roofing contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - NOT USED Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on the drawings and furnish the necessary materials to ensure timely completion of the roofi,r~ work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on the drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. Restroom Facilities: 7500-1 3.03 PROTECTION OF WORK: A It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION Restroom Facilities: 7500-2 DIVISION EIGHT - DOORS AND WINDOWS All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - DOORS Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal, doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 2. Finish Hardware - 8700 1.02 STORAGE & HANDLING: A. It is the responsibility of the Contractor to adequately store and protect door materials from damage caused by inclement weather conditions and construction in progress. 1.03 QUALITY ASSURANCE: A. Manufacturer: Hollow metal work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolJ'ed stretcher level sheet steel electro zinc coated. · C. Paint: Shall be a rest-inhibiting metal primer. D. Frames: 1. Extedor frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. Restroom Facilities: 8100-1 Metal Doors: shall be 18 gauge flush type. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. Part 3 ~ EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Install all doors and related hardware in a workmanlike manner. All work shall be performed by experienced, skilled tradesmen and subject to final acceptance by the Architect. B. Clearance at head and jambs shall not exceed 1/8 inch, and clearance at sills shall not exceed 1/4 inch. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. ~ B. Hang door plumb and level and adjustr operable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, "touch up areas", where prime coat has been damaged, shall be sanded smooth and touched up with same primer as applied at shop. All rest shall be removed before above specified touch up is applied. END OF SECTION Restroom Facilities: 8100 - 2 Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors. B. Related Work Specified Elsewhere: 1. Metal Doors & Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko Part 2 - PRODUCT~ 2.01 MATERIALS: A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the Contractors responsibility to provide all necessary or additional hardware as required to accommodate the construction as shown. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or required modification to suit or fit the designated location, the contractor shall promptly seek the correction of modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The contractor shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, back check devices on closer or roller stops, as approved by the Architect in lieu of stops scheduled.~,-~ C. The contractor shall be fully respon,~ible for checking all details such as clearances, bevels, rabbets, backsets, popper type strike plates, length of spindles hands of locks, etc., in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Restroom Facilities: 8700 - 1 2,02 KEYING: A. All locks shall be keyed and master keyed as directed by the Architect. B. Provide three (3) keys for each lock, three (3) keys for master. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.02 HARDWARE SCHEDULE: A. Manufacturers catalog numbers specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks ~ Russwin 3. Dead Bolt - Russwin 4. Closers - Russwin 5. Miscellaneous - Ives HARDWARE SETS: Each Door to 1 -1/2 I Each I Each 1 Each 1 Each 1 Each have: (Typical at three locations) Pair Butts Exterior Hasp & Padlock Closer Stop Passage Set Interior Dead Bolt (Key at exterior) END OF SECTION Restroom Facilities: 8700 - 2 DIVISION NINE - FINISHES All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits c. All T-111 plywood gable ends d. All wood fascia & trim e. Hollow Metal Frames & Doom f. Exposed Concrete Masonry Units 2. Interior: a. Exposed gypsum drywall ceilings b. Hollow Metal Frames & Doors c. Exposed ferrous and galvanized metal d. Exposed Concrete Masonry Units 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 3. Benjamin Moore 2. PPG (Pittsburgh Paints) 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the pdmary intent that each paint material and finishing matedal be the best of its respective kind as related to the item and surface to which it is applied. Except as otherwise specified, Paint products shall be those of one manufacturer, premixed, ready for application. Do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. Restroom Facilities: 9900-1 2.02 2.03 2.04 EXTERIOR PAINTING: A. Ferrous Metal: I Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: I Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Speedenamel C. Wood Screen Framing, T-111 Plywood, Soffit & Trim 1 Coat - Glidden Spread Prime Coat 3651 2 Coats ~ Glidden Spread House Paint 3600 Series D. Concrete Masonry Unit Wall Surfaces: I Coat - Glidden Spread Prime Coat for exterior masonry. 2 Coats - Glidden Spread House Paint 3600 Series INTERIOR PAINTING: A. Gypsum Drywall Ceilings I Coat - Glidden Spread Primer/Sealer 2 Coats - Glidden Spread Satin Semi-Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 Coat - Glidden Rustmaster Metal Primer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Luster Semi-Gloss Enamel as selected by the Architect. C. Galvanized Metal: I Coat - Glidden Rustmaster Galvanized Metal Primer 2 Coats - Glidden Day-Lite Eggshell Enamel or Spread Luster Semi-Gloss Enamel as selected by the Architect. D. Concrete Masonry Unit Wall Surfaces: I Coat ~ Glidden Ultra-Hide Acrylic Latex Block Filler 2 Coats - Glidden Spread Luster Semi-Gloss OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of intedor and exterior paint, the Architect shall determine the type paint necessary, with not less than two field coats required in any such instance. Restroom Facilities: 9900-2 Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the general contractor prior to commencement of the work and thereafter painting contractor shall be fully responsible for satisfactory work as required herein. B. The contractor shall thoroughly examine the construction documents and premises to determine the full extent of the work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B: Remove and protect hardware, accessories, device plates, factory finished work and similar items or provide ample in place protection. Upon completion of each space, carefully replace all removed items. C. The contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint spots from the floors and other surfaces and shall leave his part of the work in clean, orderly and acceptable condition. END OF SECTION Restroom Facilities: 9900-3 DIVISION TEN - SPECIALTIES All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Rough Carpentry - 6100 3. Finish Carpentry - 6200 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: Miami-Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all neceCary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shop drawings in the locations indicated on the drawings or as directed by the Architect. Restroom Facilities: 10800-1 RESOLUTION SEPTEMBER 28, 1999 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Construction Consultants/L.l., Inc., 125 A West Broadway, Port Jefferson, New York 11777, in the amount of $u,9,000.00, for the construction of restroom facilities at Klipp Marine Park, Greenport, New York, all in accordance with the plans and specifications as prepared by James A. Richter, R.A. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Construction Consultants/L.l., Inc., 125A West Broadway, Port Jefferson, NY 11777, in the amount of $49,000., for the construction of restroom facilities at Klipp Marine Park, Greenport, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A. Southold Town Board Meeting: September 28, 1999 This project is in the 1999 Capital Budget. If you have any questions on the above, please contact Ray Jacobs or Jim McMahon RESOLUTION SEPTEMBER 28, 1999 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and Construction Consultants/L.l., Inc., for the construction of restroom facilities at Klipp Marine Park, Greenport, New York, in accordance with the plans and specifications prepare by James A. Richter, R.A., subject to the approval of the Town Attorney. TOWN ATTORNEY'S OFFICe- TOWN OF SOUTHOL[~ RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean Cochran is sign a contract with between the Town of Southold and Construction Consultants/LA., Inc., for the construction of restroom facilities at Klipp Marine Park, Greenport, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A., subject to the approval of the Town Attorney. Southold Town Board Meeting: September 28, 1999 This project is in the 1999 Capital Budget. If you have any questions on the above, please contact Ray Jacobs or Jim McMahon AGREEMENT THIS AGREEMENT made this 29th day of September, 1999, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971, hereinafter called the "Town" and Construction Consultants/LA., Inc., 125A West Broadway, Port Jefferson, NY 11777, herein after called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a proposal from the Contractor to perform all the work required to construct restroom facilities at Norman Klipp Marine Park, Greenport, NY, as indicated in the specifications set forth in the bid documents, in the amount of for~y-nine thousand dollars ($49,000.) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 28th day of September, 1999 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to construct, perform and complete the work on the restroom facilities at Norman Klipp Marine Park, Greenport, NY, in accordance with the plans, specifications, contractor's proposal and all conditions set forth in the document entitled "Bid Specifications: Restroom Facilities: Klipp Park Beach, Manhansett Avenue, Greenport, NY, dated August 30, 1999", annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of forty-nine thousand dollars ($49,000.) the total sum is to be paid to the Contractor within sixty (45) days of the completion of the said work and the acceptance thereof by the Town. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold By Jean W. Cochran, Supervisor Construction Consultants/LA., Inc. By Joel Itzkowitz, President RESOLUTION SEPTEMBER 28. 1999 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of thc following Capital Project in the 1999 Capital Budget: Capital Project Name: Klipp Park Restroom Facility Financing Method: Budget: Transfer from General Fund Whole Town Revenues: H.5031.35 Klipp Park Restroom Facility $49,000.00 Appropriations: H.7110.2.200.100 Park and Beach Facilities Capital Outlay Klipp Park Improvements Restroom Facility $49,000.00 TOWN ATTORNEY'S O:t- TOWN OF ~ OUTN,_~, , TOWN COMPTROLLER John A. Cushman CENTRAL DATA PROCESSING John Sepenoski 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ACCOUNTING & FINANCE DEPT. Telephone (516) 765-4333 E-mail: accounting@southold.org CENTRAL DATA PROCESSING Telephone (516) 765-1891 E-mail: dataprocessing~southold.org Fax (516) 765-1366 TOWbl OF SOUTHOLD OFFICE OF THE SUPERVISOR To; From: Date: Re: Memorandum Town Board 99~' John Cushman September 24, 1 Klipp Park Restroom Facility Please consider the below resolution to establish a Capital Budget for the Klipp Park Restroom Facility: RESOLVED d~at the Town Board of the Town of Southold hereby authorizes the estabhshment of the following Capital Project in the 1999 Capital Budget: Capital Project Name: Klino Park Restroom Facility Financing Method: Transfer from G~neml Fund Whole Town Budget: Revenues: H.5031.35 Klipp Park Restroom Facility $49,000.00 Appropriations: H.7110.2.200.100 Park and Beach Fa~'flities Capital Outlay Klipp Park Improvomonts Rest. room Facility $49,000.00 cc: Jim McMahon Contracts/Klipp Park restroom (re)construction Note to file: Construction of restroom facilities at Klipp Park per SEQRA Per Jim McMahon; Construction is replacement of existing facility; SEQRA Type II - 617.5 (c)(2) - replacement.., or reconstruction of an existing structure or facility Thererfom not subject to review under SEQRA 'ZOI. 0" I M.O. -~ t2__ __.1 L' FLOOR ~ Not to ~S~ I ~ k~ . .. SO--OLD TO~ ,~,~.o.~: J~E8 A. ~CH'r~R ENG~E~G DEP~T~ ~GISTE~D ~C~'l-~ _ ,._ ~I~ ~,~ _ ~. / CROSS SECTION "A ~ A" SCALE: 1/4"= 1'~" , 4o4 I PLUMBING RISER DIAG~ SCALE: NTS r~' , KL!PP~ PARK BEACH "~"not ,o I ENG~E~G DEP~T~ ~GISTE~D ~CH~E~ 12 ~iL4, ~C,L,W HEAD & SOFFIT DETAIL SCALE: 1"= 1'-0" 2 A_a4B DETAIL SILL DETAIL >ATE: SCALE: Not to Scale DWG. #: 1-3 r SOFFITDETAIL I SC~EN DETAIL r°~ KtlPP PARK BEACH : Not to S~le ENG~G DEPART~ ~GISTE~D ~CH~CT m 08/30/99 ,~ ~,, K L i p p PARK BEACH -, Not to S~e < I I . ~°~ K L I,p p PARK BEACH ~ }. Not to Stole ~NO~E~O DEP~T~ ~OISTE~D ~CH~E~ LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all the labor, materials and equipment for the construction of new restroom facilities at the Norman E.Kllpp Marine Park located at the end of Manhanset Avenue, Greenport, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $10.00 non-refundable fee. The proposal form will consist of individual construction items of work specified and detailed in the contract documents, drawings to be attached. The sealed bids, together with a bank draft, certified check, or bid bond in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, September 23, 1999, at which time they will be opened and read aloud in public. 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 Board of the Town of Southold reserves the right waive any and all informalities in any bid, and to reject any and all bids, and to retain bids for 45 days from the date Of receipt should it be deemed in the best interest of the Town of Southold to do so. The CONTRACTOR SHALL NOT withdraw his bid during this period. All bids must be signed and sealed in envelopes plainly marked "Bid on New Restroom Facilities", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local from which the Town of Southold is exempt. Dated: August 31, 1999. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON THURSDAY. SEPTEMBER 9, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Commissioner of Public Works Dodge Reports Brown's Letters Burrelles Information Services Town Clerk's Bulletin Board ;EP - 8 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of $outhold, New York being duly sworn, says that on the 7th day of September 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 Board, Southold Town Hall~ 53095 Main Road, Southold~ New York. Notice to Bidders - for Construction of New Bathroom Facilities at the Norman E. Klipp Marine Park, Manhanset Avenue, Greenport. Bid Opening 10:00 A.M., Thursday, September 23, 1999. Eli~ab~eth ~. Neville Southold Town Clerk Sworn to before me this 7th day of September 1999. ~ Notary~Public